The objectives of this drought contingency plan are as follows:
(1) To conserve the available water supply in times of drought and emergency.
(2) To maintain supplies for domestic water use, sanitation, and fire
protection.
(3) To protect and preserve public health, welfare, and safety.
(4) To minimize the adverse impacts of water supply shortages.
(5) To minimize the adverse impacts of emergency water supply conditions.
(Ordinance O-15-10, ex. A, sec.
III, adopted 8/23/10)
The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in title 30, part I, chapter 288, subchapter B, rule 288.2 of the Texas Administrative Code (copy attached to Ordinance O-15-10 as appendix
C). The TCEQ defines a drought plan as “A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be contained within another water management document(s).” The drought contingency plan for the city is contained in division 3 of this water conservation and drought contingency plan. The elements in the TCEQ drought rules covered in this drought contingency plan are listed below.
Minimum Drought Plan Requirements for Retail Water
Suppliers
|
The city is a retail water supplier to all customers in the Glenn Heights certificate of convenience and necessity (CCN) area. This area is depicted in the CCN map attached to Ordinance O-15-10 as appendix
B. The minimum requirements in the Texas Administrative Code for drought plans for retail water suppliers are covered in this report as follows:
288.20(a)(1)(A)
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Public Input
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288.20(a)(1)(B)
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Public Education
|
288.20(a)(1)(C)
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Documentation of Coordination with Regional Water Planning Groups
|
288.20(a)(1)(D)
|
Triggering Criteria for Initiation and Termination of Drought
Response Stages
|
288.20(a)(1)(E)
|
Drought Response Stages
|
288.20(a)(1)(F)
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Water Demand Management Measures
|
288.20(a)(1)(G)
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Procedures for Initiation and Termination of Drought Response
Stages
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288.20(a)(1)(H)
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Procedures for Granting Variances
|
288.20(a)(1)(I)
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Enforcement of Mandatory Water Use Restrictions
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288.20(b)
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Notification of the Executive Director
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288.20(c)
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Review and Update of Drought Contingency Plan
|
(Ordinance O-15-10, ex. A, sec.
III, adopted 8/23/10)
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains,
reflecting pools and water gardens.
Commercial and institutional water use.
Water use which is integral to the operation of commercial
and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants and office buildings.
Conservation.
Those practices, techniques and technologies that reduce
the consumption of water, reduce the loss of water, improve the efficiency
in the use of water or increase the recycling and reuse of water so
that a supply is conserved and made available for future or alternative
uses.
Customers.
Any person, company, entity or organization using water supplied
by the city.
Domestic water use.
Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation,
or for cleaning a residence, business, industry, or institution.
Drought contingency plan.
A strategy or combination of strategies for temporary supply
management and demand management responses to temporary or potentially
recurring water supply shortages and other water supply emergencies.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial water use.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential
and commercial lawns, gardens, golf courses, parks, and rights-of-way
and medians.
Non-essential water use.
Water uses that are neither essential nor required for the
protection of public health, safety, and welfare, including:
(1)
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except otherwise provided under this plan;
(2)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
(3)
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
(4)
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
(5)
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
(6)
Uses of water to fill, refill, or add to any indoor or outdoor
swimming pools or Jacuzzi-type pools;
(7)
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
(8)
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
(9)
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7, or 9.
Plan.
The drought contingency plan adopted by the city.
Recreational water use.
Water used for leisure and entertainment purposes. Examples
include but are not limited to swimming pools, Jacuzzi-type pools,
water theme parks, wading pools and water toys.
Retail customers.
Any water customer that receives water supply from the city
water supply system.
Trigger.
A condition that would require certain operating conditions
prescribed in the plan.
(Ordinance O-15-10, ex. A, sec.
III, adopted 8/23/10)
The provisions of this plan shall apply to all persons, customers
and property utilizing water provided by the city. The terms “person”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations and all other legal entities.
(Ordinance O-15-10, ex. A, sec.
III (5), adopted 8/23/10)
(a) The director of public works and his/her designee shall monitor water
supply and/or demand conditions on a daily basis, or in conjunction
with and upon written notice by the supplier, and shall determine
when conditions warrant initiation or termination of each stage of
the plan. Public notification of the response stages shall be by means
of signs and posters in public places, and/or handouts or local media.
(b) After implementation, the city manager shall immediately notify the
mayor and city council. Public notification shall be made by handouts,
website postings, local news media, signs or posters in public places.
(c) Once the authorization has been given, operations shall continue
under the drought contingency plan, with progression from one stage
to another as determined by the appropriate trigger conditions as
notified by the supplier and executed by the director of public works.
Operations may be returned to normal procedures once the trigger conditions
have dissipated and by authorization of the director of public works
in consultation with the city manager. The mayor and city council
will be notified immediately of the return to normal operations.
(d) The triggering criteria described below are based on the following:
(1) Available water supplies from the supplier, Dallas Water Utilities:
(A) DWU determines the total raw water supply in connected lakes (east
and west); or, (2) the western lakes; or, (3) the eastern lakes has
dropped below 65% (35% depleted) of DWU’s share of the total
conservation storage of the lakes; or
(B) Water demand has reached or exceeded 85% of delivery capacity for
4 consecutive days; or
(C) Water demand approaches a reduced delivery capacity for all or part
of the system, as determined by DWU; or
(D) Natural or manmade contamination of the water supply source(s) occurs.
(2) Demand causes severe stress on water facilities;
(5) Contamination of water supply.
(e) Triggering criteria.
(1) Stage 1–Water awareness.
(A)
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses provided in section
13.03.080 of this plan when:
(i)
Water demand stresses the distribution system or equipment;
(ii)
Natural or manmade contamination of the water supply source(s)
occurs;
(iii)
Storage tank levels do not return to safe operating levels;
and/or
(iv)
Notification is received that Stage 1 of the DWU plan has been
activated.
(B)
Requirements for termination.
Stage 1 may be terminated
when Stage 1 conditions no longer exist and would be unlikely to recur
upon termination.
(2) Stage 2–Water watch.
(A)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section
13.03.078 [13.03.073] of this plan when:
(i)
Any conditions from Stage 1;
(ii)
Stage 1 will not achieve conservation requirements;
(iii)
Storage tank levels do not recover to safe operating levels
overnight; and/or
(iv)
Notification by DWU that Stage 2 of its plan has been activated.
(B)
Requirements for termination.
Stage 2 of the plan
may be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of 7 days.
(3) Stage 3–Water warning.
(A)
Requirements for initiation.
Customers shall be required to comply with requirements and restrictions on certain non-essential water uses provided in section
13.03.078 [13.03.073] of this plan when:
(i)
Any conditions from Stage 1 and/or 2;
(ii)
Stage 1 or Stage 2 will not achieve conservation requirements;
(iii)
Severe stress is placed on supply and distribution facilities;
(iv)
Water demand exceeds supply;
(v)
Notification by DWU that Stage 3 of its plan has been activated;
and/or
(vi)
Allocations from DWU have been received.
(B)
Requirements for termination.
Stage 3 of the plan
may be rescinded when all of the conditions listed have ceased to
exist for a period of 7 days. Upon termination of Stage 3, the director
of public works will evaluate the water system to determine proper
operating conditions.
(4) Stage 4–Water emergency.
(A)
Requirements for initiation.
Customers shall be
required to comply with the requirements and restrictions on certain
non-essential water uses for Stage 4 of this plan when any number
of situations occur, including natural disaster, massive power outages,
massive equipment or facilities failures, or contamination of public
water supply.
(B)
Requirements for termination.
Stage 4 of the plan
may be rescinded when all of the conditions listed as triggering events
have ceased to exist and would be unlikely to recur upon termination.
Upon termination of Stage 4 the director of public works will evaluate
the water system to determine proper operating conditions.
(Ordinance O-15-10, ex. A, sec.
III (6), adopted 8/23/10)
The director of public works or his/her designee, in consultation with the city manager, shall monitor water supply and demand conditions and, in accordance with the triggering criteria, set forth in section
13.03.079 of this division, shall determine that a mild, moderate, severe or critical emergency condition exists and shall implement the following actions as specified in this plan.
(1) Stage 1 response–Water awareness.
Upon written
notification from DWU, or any other water provider, that conditions
exist and this level of the drought plan has been initiated, the city
shall implement the following:
(A) Goal for use reduction and actions available under Stage 1–Mild.
Stage 1–Mild is intended to raise public awareness of
the potential drought problems. The goal for reduction of water use
is one percent (1%) per capita per day.
(B) Required water use restriction.
(i) Water customers:
a. Mandatory limit of two (2) days a week for outside watering;
b. No watering between 10:00 a.m. and 6:00 p.m.;
c. Minimize water use for non-essential purposes; and
d. Increase public education efforts on ways to reduce water use.
(ii)
City government:
a.
Initiate public education campaign teaching and encouraging
reduced water use practices;
b.
Encourage twenty-five percent (25%) reduction in frequency of
city vehicle washing and rinsing;
c.
Intensify normal leak detection and repair activities on water
pipes and mains;
d.
Encourage reduction of water use in city-owned ornamental fountains;
and
e.
Encourage reduction in landscape uses for parks.
(iii)
Commercial customers:
a.
Identify and encourage voluntary reduction measures by high-volume
water use practices [sic];
b.
Encourage reduction in landscape uses for parks and golf courses;
and
c.
Encourage reduction in water use for landscape nursery stock.
(2) Stage 2 response–Water watch.
Upon written notification
from DWU, or any other water provider, that conditions exist and this
level of the drought plan has been initiated, the city shall implement
the following:
(A) Goal for use reduction and action available under Stage 2–Moderate.
The goal for water use reduction under Stage 2–Moderate
is a five percent (5%) reduction of the use that would have occurred
in the absence of drought contingency measures.
(B) Water use restrictions.
Under threat of penalty for
violation, the following water use restrictions shall include:
(i) Water customers:
a. Irrigation of landscaped areas with hose-end or automatic sprinklers
shall be limited to Monday, Wednesday and Friday with even-numbered
houses and Tuesday, Thursday and Saturday with odd-numbered houses
and further limited to the hours of 6:00 p.m. to 6:00 a.m. Watering
is permitted at any time if it is by means of a hand-held hose or
a faucet-filled bucket;
b. Use of water to fill, refill or add to swimming pools or Jacuzzi-type
pools is prohibited except on watering days from 6:00 p.m. to 6:00
a.m.;
c. Operation of ornamental fountains for aesthetic purposes is prohibited
except where it is equipped with a recirculation system or necessary
to support aquatic life;
d. Use of fire hydrants shall be limited to firefighting or approved
construction purposes with the restriction of allowing water runoff;
e. Restrict washing of any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle to the use of a hand-held bucket or a hand-held
hose equipped with a positive shutoff nozzle for quick [tx]rinses.
Vehicle washing may be done at any time on the immediate premises
of a commercial carwash or commercial service station. Further, such
washing may be exempted from these regulations if the health, safety
and welfare of the public is contingent upon frequent vehicle cleansing,
such as garbage trucks and vehicles used to transport food and perishables;
f. The following uses of water are defined as non-essential and prohibited:
wash-down of sidewalks, driveways, parking lots, buildings or structures
other than for fire protection or dust control;
g. Failure to repair controllable leak(s) within a reasonable period
of time;
h. Encourage the public to wait until the current drought or emergency
situation has passed before establishing new landscaping; and
i. Continue to increase public education efforts on ways to reduce water
use.
(ii)
City government:
a.
Initiate engineering studies to evaluate alternatives to mitigate
drought conditions should conditions worsen;
b.
Accelerate public education campaign teaching and encouraging
reduced water use practices;
c.
Reduce the frequency of washing and rinsing of city vehicles
by fifty percent (50%);
d.
Prohibit flushing of new mains not immediately required to provide
service;
e.
Continue intensified leak detection and repair activities on
water pipes and mains;
f.
Prohibit operation of ornamental fountains by city government;
g.
City government restricted to day-of-week landscape watering
schedule except for parks;
h.
Require reduction of water use through day-of-week landscape
watering schedule for parks and golf courses; and
i.
Increase enforcement efforts.
(iii)
Commercial customers:
a.
Identify and encourage voluntary reduction measures by high-volume
water users through water use audits;
b.
Require reduction of water use through day-of-week landscape
watering schedule for parks and golf courses; and
c.
Encourage further reduction in landscape uses for nursery stock.
(C) Upon approval of the city council and consent of the water provider,
appropriate amendments may be made to these restrictions. Those amendments
may include a relaxation or stiffening of restrictions. If mandates
do not result in meeting the goal set forth above, further restrictions
will be placed on customers.
(3) Stage 3 response–Water warning.
Upon written notification
from DWU, or any other water provider, that conditions exist and this
level of the drought plan, including but not limited to the rationing
of the water supply, has been initiated, the city shall implement
the following:
(A) Goal for use reduction and action available under Stage 3–Severe.
(i) The goal for water use reduction under Stage 3–Severe is a
fifteen percent (15%) reduction of the use that would have occurred
in the absence of drought contingency measures.
(ii)
Measures described as “requires notification to TCEQ”
impose mandatory requirements on the city to notify TCEQ within five
(5) business days if the measures are implemented.
(B) Water use restrictions.
All requirements of Stage 2
shall remain in effect during Stage 3 plus:
(i) Water customers:
a. Irrigation of landscaped areas shall be limited to one (1) day every
seven (7) days between the hours of 6:00 a.m. [to] 10:00 a.m. and
6:00 p.m. to 12:00 a.m. - hose-end or hand-held devices shall be limited
to these same hours. Even-numbered houses shall be allowed to water
on Tuesday and odd-numbered houses shall be allowed to water on Thursday.
(Exceptions: foundations and new plantings (first year) of trees and
shrubs may be watered for up to (two) 2 hours during off-peak hours
on the watering schedule by a hand-held hose or a soaker hose. Golf
courses may water greens and tee boxes without restrictions. Restrictions
do not apply to locations using treated wastewater effluents for irrigation.)
Requires notification to TCEQ;
b. Prohibit customers from hosing paved areas, buildings or windows,
operating ornamental fountains, washing or rinsing vehicles or equipment
of any type, by hose and watering in a manner as to allow runoff or
other waste. Requires notification to TCEQ;
c. Washing of vehicles or equipment of any type may occur at a commercial
carwash or commercial service station between the hours of 6:00 a.m.
and 10:00 a.m. and between 6:00 p.m. and 10:00 p.m. only. Requires
notification to TCEQ;
d. Prohibit the filling, refilling or adding water to a swimming pool,
wading pool and Jacuzzi-type pools. Requires notification to TCEQ;
e. Permitting of new swimming pools, hot tubs, spas, ornamental ponds
and fountain construction are prohibited. Requires notification to
TCEQ;
f. No application for new, additional, expanded or increased-in-size
water service connections, meters, service lines, pipeline extensions,
mains or water service facilities of any kind shall be approved, and
time limits for approval of such applications are hereby suspended
for such time as this drought response stage or a higher-numbered
stage shall be in effect. Requires notification to TCEQ;
g. Operation of any ornamental fountain or pond for aesthetic or scenic
purposes is prohibited except where necessary to support aquatic life
or where such fountains or ponds are equipped with a recirculation
system;
h. Encourage no establishment of new landscaping. Requires notification
to TCEQ;
i. Water for construction purposes shall be approved by the director
of public works. Requires notification to TCEQ;
j. Foundations may be watered for a two-hour period during off-peak
hours with a soaker or hand-held hose equipped with a positive shutoff
nozzle on the watering schedule;
k. A ten percent (10%) rate increase for high water demand users (greater
than 10,000 gallons per month per account) shall be initiated.
(ii)
City government:
a.
City vehicle washing or rinsing is prohibited.
b.
Municipal landscape watering is prohibited.
(iii)
Commercial customers:
a.
Watering of golf course greens and tee boxes restricted to off-peak
hours; watering of other golf course areas and parks is prohibited
unless the golf course utilizes a water source other than that provided
by the city.
b.
Watering of nursery plant stock is restricted to designated
off-peak hours and day-of-the-week landscape watering schedule.
(C) Upon approval of the city council and consent of the water provider,
appropriate amendments may be made to these restrictions. Those amendments
may include a relaxation or stiffening of restrictions. If mandates
do not result in meeting the goal set forth above, further restrictions
will be placed on customers.
(4) Stage 4 response–Water emergency.
Upon written
notification from DWU, or any other water provider, that conditions
exist and this level of the drought plan, including but not limited
to the rationing of the water supply, has been initiated, the city
shall implement the following:
(A) Goal for use reduction and action available under Stage 4–Critical.
(i) The goal for water use reduction under Stage 4–Critical is
a twenty-five percent (25%) reduction of the use that would have occurred
in the absence of drought contingency measures.
(ii)
Measures described as “requires notification to TCEQ”
impose mandatory requirements on the city to notify TCEQ within five
(5) business days if the measures are implemented.
(B) Water use restrictions.
All requirements of Stages 2
and 3 shall remain during Stage 4 plus:
(i) Prohibit commercial and residential landscape watering, except that
foundations may be watered for two (2) hours each day with a hand-held
hose or a soaker hose. (Exception: the watering of greens and tees
at the golf courses.) Requires notification to TCEQ;
(ii)
Prohibit washing of vehicles, manual or automated, except as
necessary for health, sanitation or safety reasons. Requires notification
to TCEQ;
(iii)
Prohibit the filling of existing and new private pools. Commercial
and public pools may refill to replace losses during normal use. Requires
notification to TCEQ;
(iv)
Require all commercial water users to reduce water use by 20%
by limiting hours of operation. Requires notification to TCEQ;
(v) All commercial water users shall be individually evaluated and limited
by the director of public works and considered by the city council.
Requires notification to TCEQ;
(vi)
Water for construction purposes shall be limited to two (2)
hours per day, between the hours of 9:00 a.m. to 5:00 p.m. Monday
through Friday, with the approval of the director of public works.
Requires notification to TCEQ;
(vii)
All use of fire hydrants shall be limited to firefighting and
approval of the director of public works;
(viii)
Flushing of water mains shall be minimized; and
(ix)
All rates for usage in excess of 10,000 gallons per month per
account (residential or commercial), or any other usage amount above
10,000 gallons per month, as deemed appropriate by the director of
public works, in conjunction with the city manager, may be increased
by an additional ten percent (10%) or any other percentage deemed
appropriate.
(C) Upon approval of the city council and consent of the water provider,
appropriate amendments may be made to these restrictions. Those amendments
may include a relaxation or stiffening of restrictions. If mandates
do not result in meeting the goal set forth above, further restrictions
will be placed on customers.
(Ordinance O-15-10, ex. A, sec.
III (7), adopted 8/23/10)
Any mandatory reduction to deliveries from DWU to the city will
result in a limited supply of water. The limited supply of water shall
be distributed as follows:
(1) With no preference given to anyone.
(3) The amount of water to which each customer may be entitled, to the
best of the city’s ability.
(4) Under the provisions and enforcement of this plan.
(Ordinance O-15-10, ex. A, sec.
III (8), adopted 8/23/10)
(a) Initiation of drought response stage.
(1) The supplier and/or the director of public works may order the implementation
of a drought response stage or water emergency when one or more of
the trigger conditions for that stage is met. The following actions
will be taken when a drought stage is initiated:
(A) The public will be notified through mail-outs, newsletters, website
postings, posters or the local newspaper.
(B) If any mandatory provisions of the drought contingency plan are activated,
the city manager will notify the executive director of the TCEQ within
five (5) business days.
(2) The supplier and/or the director of public works may decide not to
order the implementation of a drought response stage or water emergency
even though one or more of the trigger criteria for the stage are
met. Factors which could influence such a decision include, but are
not limited to, the time of the year, weather conditions, the anticipation
of replenished water supplies, or the anticipation that additional
facilities will become available to meet needs.
(b) Termination of drought stage.
(1) The supplier and/or director of public works may order the termination
of a drought response stage or water emergency when the conditions
for termination are met or at his/her discretion. The following actions
will be taken when a drought stage is terminated:
(A) The public will be notified through mail-outs, newsletters, website
postings, posters or the local newspaper.
(B) When any mandatory provisions of the drought contingency plan that
have been activated or terminated, the city manager will notify the
executive director of the TCEQ within five (5) business days.
(2) The supplier and/or director of public works may decide not to order
the termination of a drought response stage or water emergency even
though the conditions for termination of the stage are met. Factors
which could influence such a decision include, but are not limited
to, the time of the year, weather conditions, or the anticipation
of potential changed conditions that warrant the continuation of the
drought stage.
(Ordinance O-15-10, ex. A, sec.
III (9), adopted 8/23/10)
(a) The director of public works or his/her designee may, in writing,
grant a temporary variance for existing water uses otherwise prohibited
under this plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the health,
sanitation, or fire protection for the public or of the person requesting
such variance, and if one or more of the following conditions are
met:
(1) Compliance with this plan cannot be technically accomplished for
the duration of the water supply shortage or other condition for which
the plan is in effect; and/or
(2) Alternative methods can be implemented which will achieve the same
level of reduction in water use.
(b) Persons requesting an exemption from the provisions of this article
shall file a written petition for variance with the city within five
(5) days after the plan or a particular drought response stage has
been invoked. All petitions for variances shall be reviewed by the
director of public works until such time that the matter can be considered
by the city council. A decision by the city council shall be final.
(c) The petition for variance must be in writing and include the following
information:
(1) Name and address of the petitioner(s);
(3) Specific provision(s) of the plan from which the petitioner is requesting
relief;
(4) Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this article;
(5) Description of the relief requested;
(6) Period of time for which the variance is sought;
(7) Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and
the compliance date; and
(8) Other pertinent information.
(d) Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the city council:
(1) A timetable for compliance; or
(2) Expiration when the plan is no longer in effect, unless the petitioner
has failed to meet specified requirements.
(e) No variance shall be retroactive or otherwise justify a violation
of the plan occurring prior to the issuance of the variance.
(Ordinance O-15-10, ex. A, sec.
III (10), adopted 8/23/10)
(a) No person shall knowingly or intentionally allow the use of water
from the city for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any provision
of this plan, or in an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
director of public works or his/her designee, in accordance with provisions
of this plan.
(b) Any person who violates this plan is guilty of a misdemeanor and,
upon conviction shall be punished by a fine of not less than two hundred
and fifty dollars ($250.00) and not more than two thousand dollars
($2,000.00). Each day that one or more of the provisions in this plan
is violated shall constitute a separate offense. If a person is convicted
of three or more distinct violations of this plan, the director of
public works shall, upon due notice to the customer, be authorized
to discontinue water service to the premises where such violations
occur. Services discontinued under such circumstances shall be restored
only upon payment of a reconnection charge, hereby established at
one hundred and fifty dollars ($150.00), and any other costs incurred
by the city in discontinuing service. In addition, suitable assurance
must be given to the city that the same action shall not be repeated
while the plan is in effect.
(c) Any person, including a person classified as a water customer of
the city, who is in apparent control of the property where a violation
occurs or originates shall be presumed to be the violator, and proof
that the violation occurred on the person’s property shall constitute
a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the
right to show that he/she did not commit the violation. Parents shall
be presumed to be responsible for violations of their minor children
and proof that a violation, committed by a child, occurred on property
within the parents’ control shall constitute a rebuttable presumption
that the parent committed the violation.
(d) The chief of police or his/her designee or other city employees designated
by the city manager may issue a citation to a person he/she reasonably
believes to be in violation of this article. The citation shall be
prepared in duplicate and shall contain the name and address of the
alleged violator, if known, the offense charged, and shall direct
him/her to appear in the city municipal court on the date shown on
the citation for which the date shall not be less than three (3) days
nor more than fifteen (15) days from the date the citation was issued.
The alleged violator shall be served a copy of the citation. Service
of the citation shall be complete upon delivery of the citation to
the alleged violator, to an agent or employee of a violator, or to
a person over fourteen (14) years of age who is a member of the violator’s
immediate family or is a resident of the violator’s residence.
The alleged violator shall appear in city municipal court to enter
a plea of guilty or not guilty for the violation of this plan. If
the alleged violator fails to appear in city municipal court, a warrant
for his/her arrest may be issued. A summons to appear may be issued
in lieu of an arrest warrant. These cases shall be expedited and given
preferential setting in the city municipal court before all other
cases.
(Ordinance O-15-10, ex. A, sec.
III (11), adopted 8/23/10)
As required by the Texas Administrative Code, any mandatory
restrictions adopted in this drought contingency plan require notification
of the executive director of the TCEQ. Upon initiation of these restrictions,
the city manager shall notify the executive director within five (5)
business days.
(Ordinance O-15-10, ex. A, sec.
III (12), adopted 8/23/10)
The city shall review and update, as appropriate, the drought
contingency plan, at least every five (5) years, based on new and
updated information, such as the adoption and revision of the regional
water plan.
(Ordinance O-15-10, ex. A, sec.
III (14), adopted 8/23/10)