(a)
In order to conserve the available water supply and protect the integrity
of water supply facilities, with particular regard for domestic water
use, sanitization, and fire protection and to protect and preserve
public health, welfare, and safety and minimize the adverse impacts
of water supply shortage or other water supply emergency conditions,
the city hereby adopts the following regulations and restrictions
on the delivery and consumption of water.
(b)
Water uses regulated or prohibited under this drought contingency plan (the plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 12.07.070 of this plan.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of scheduling and providing
public notice of a public meeting to accept the plan.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
The city will periodically provide the public with information
about the plan, including information about the conditions under which
each stage of the plan is to be initiated or terminated and the drought
response measures to be implemented in each stage. This information
will be provided by means of direct mailings, utility bill inserts,
and the city’s website.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
The service area of the city is located within Region H and
city has provided a copy of this plan to Region H.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
The city manager or his/her designee is hereby authorized and
directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The city manager or his/her designee
shall have the authority to initiate or terminate drought or other
water supply emergency response measures as described in this plan.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
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 20-875, sec. 1, adopted 7/9/20)
For the purposes of this plan, the following definitions shall
apply:
means water use for ornamental or decorative purposes such
as fountains, reflecting pools, and water gardens.
means water use which is integral to the operations of commercial
and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
means those practices, techniques, and technologies that
reduce the consumption of water, reduce the loss or waste 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.
means any person, company, or organization using water supplied
by the city.
means 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.
means street addresses, box numbers, or rural postal route
numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
means the use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
means 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.
means water uses that are not essential nor required for
the protection of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except as otherwise provided under this plan;
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle;
Use of water to wash down any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
Flushing gutters or permitting water to run or accumulate in
any gutter or street;
Use of water to fill, refill, or add to any indoor or outdoor
swimming pools or Jacuzzi-type pools;
Use of water in a fountain or pond for aesthetic or scenic purposes
except where necessary to support aquatic life;
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s); and
Use of water from hydrants for construction purposes or any
other purposes other than firefighting.
means street addresses, box numbers, or rural postal route
numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
(a)
Criteria.
(1)
The city manager or his/her designee shall monitor water supply and/or
demand conditions on a regular basis and shall determine when conditions
warrant initiation or termination of each stage of the plan, that
is, when the specified “triggers” are reached. Public
notification of the initiation or termination of drought response
stages shall be by means of publication in a newspaper of general
circulation, direct mail to each customer, signs posted in public
places, or other method reasonably calculated to notify the public
of the plan.
(2)
The triggering criteria described below are based on the city’s
anticipated ability to provide water to its customers based on known
system capacity limits and the city’s historical experience
of operations in drought. When conditions exist that require the implementation
of the drought contingency plan, the city shall also notify the 2
wholesale water customers, the City of Houston and Ramblewood MUD,
and require them to reduce the daily usage by the targeted amount.
(b)
Utilization of alternative water sources and alternative delivery
mechanisms.
Alternative water source(s) for the city
is/are: Inter-connection with the City of Houston.
(c)
Stage 1 triggers - Mild water shortage conditions.
(1)
Requirements for initiation.
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in section 12.07.067 (Definitions), when:
(2)
Requirements for termination.
Stage 1 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days.
(d)
Stage 2 triggers - Moderate water shortage conditions.
(1)
Requirements for initiation.
Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in section 12.07.067 (Definitions) of this plan, when:
(2)
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 3 consecutive days. Upon termination
of Stage 2, Stage 1, or the applicable drought response stage based
on the triggering criteria, becomes operative.
(e)
Stage 3 triggers - Severe water shortage conditions.
(1)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions on certain non-essential
water uses for Stage 3 of this plan, when:
(2)
Requirements for termination.
Stage 3 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days. Upon termination
of Stage 3, Stage 2, or the applicable drought response stage based
on the triggering criteria, becomes operative.
(f)
Stage 4 triggers - Critical water shortage conditions.
(1)
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:
(2)
Requirements for termination.
Stage 4 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days. Upon termination
of Stage 4, Stage 3, or the applicable drought response stage based
on the triggering criteria, becomes operative.
(g)
Stage 5 triggers - Emergency water shortage conditions.
(1)
Requirements for initiation.
Customers shall be required
to comply with the requirements and restrictions for Stage 5 of this
plan when the city manager, or his/her designee, determines that a
water supply emergency exists based on:
(2)
Requirements for termination.
Stage 5 of the plan may
be rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of 3 consecutive days.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
(a)
Notifications.
The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in section 12.07.068 of this plan, shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(b)
Distribution of water to wholesale customers.
In case
of a shortage of water resulting from drought, the water to be distributed
to wholesale customers shall be divided in an [sic] accordance with
Texas Water Code, section 11.039.
(c)
Provisions in wholesale contracts.
The city will include
a provision in every wholesale contract entered into or renewed after
adoption of the plan, including contract extensions, that in case
of a shortage of water resulting from drought, the water to be distributed
shall be divided in accordance with Texas Water Code, section 11.039.
(d)
Purchase of water from City of Houston.
If water shortage
is caused by temporary loss of a well or water storage facility, additional
water can be purchased from the City of Houston at the interconnect
location.
(e)
Stage 1 response - Mild water shortage conditions.
(1)
Target.
Achieve a voluntary 5 percent reduction in daily
water [demand].
(2)
Voluntary water use restrictions for reducing demand.
(A)
Water customers are requested to voluntarily limit the irrigation
of landscaped areas to Sundays and Thursdays for customers with a
street address ending in an even number (0, 2, 4, 6, or 8), and Saturdays
and Wednesdays for water customers with a street address ending in
an odd number (1, 3, 5, 7, or 9), and to irrigate landscapes only
between the hours of midnight and 10:00 a.m. and 8:00 p.m. to midnight
on designated watering days.
(B)
All operations of the city shall adhere to water use restrictions
prescribed for Stage 1 of the plan.
(C)
Water customers are requested to practice water conservation and
to minimize or discontinue water use for non-essential purposes.
(f)
Stage 2 response - Moderate water shortage conditions.
(1)
Target.
Achieve a 10 percent reduction in daily water
demand.
(2)
Mandatory water use restrictions for demand reduction.
Under threat of penalty for violation, the following water use restrictions
shall apply to all persons:
(A)
Irrigation of landscaped areas with hose-end sprinklers or automatic
irrigation systems shall be limited to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6, or 8),
and Saturdays and Wednesdays for water customers with a street address
ending in an odd number (1, 3, 5, 7, or 9), and irrigation of landscaped
areas is further limited to the hours of 12:00 midnight and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at any
time if it is by means of a hand-held hose, a faucet-filled bucket
or a watering can of five (5) gallons or less, or a drip irrigation
system.
(B)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated watering
days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be
done with a hand-held bucket or a hand-held hose equipped with a positive
shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the immediate premises of a commercial car wash 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.
(C)
Use of water to fill, refill, or add to any indoor or outdoor swimming
pools, wading pools, or Jacuzzi-type pools is prohibited except on
designated watering days between the hours of 12:00 midnight and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight.
(D)
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.
(E)
Use of water from hydrants shall be limited to firefighting, related
activities, or other activities necessary to maintain public health,
safety, and welfare, except that use of water from designated fire
hydrants for construction purposes may be allowed under special permit
from the city.
(F)
All restaurants are prohibited from serving water to patrons except
upon request of the patron.
(G)
The following uses of water are defined as non-essential and are
prohibited:
(i)
Wash-down of any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas;
(ii)
Use of water to wash down buildings or structures for purposes
other than immediate fire protection;
(iii)
Use of water for dust control;
(iv)
Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
(v)
Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of such
leak(s).
(g)
Stage 3 response - Severe water shortage conditions.
(1)
Target.
Achieve a 15 percent reduction in daily water
demand.
(2)
Water use restrictions for demand reduction.
All requirements
of Stage 2 shall remain in effect during Stage 3 except:
(A)
Irrigation of landscaped areas shall be limited to designated watering
days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses,
hand-held buckets, drip irrigation, or permanently installed automatic
sprinkler system only. The use of hose-end sprinklers is prohibited
at all times.
(B)
The use of water for construction purposes from designated fire hydrants
under special permit is to be discontinued.
(h)
Stage 4 response - Critical water shortage conditions.
(1)
Target.
Achieve a 20 percent reduction in daily water
demand.
(2)
Water use restrictions for demand reduction.
All requirements
of Stage 2 and 3 shall remain in effect during Stage 4 except:
(A)
Irrigation of landscaped areas shall be limited to designated watering
days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00
p.m. and 12:00 midnight and shall be by means of hand-held hoses,
hand-held buckets, or drip irrigation only. The use of hose-end sprinklers
or permanently installed automatic sprinkler systems is prohibited
at all times.
(B)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a commercial
car wash and commercial service stations and not in the immediate
interest of public health, safety, and welfare is prohibited. Further,
such vehicle washing at commercial car washes and commercial service
stations shall occur only between the hours of 6:00 a.m. and 10:00
a.m. and between 6:00 p.m. and 10:00 p.m.
(C)
The filling, refilling, or adding of water to swimming pools, wading
pools, and Jacuzzi-type pools is prohibited.
(D)
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.
(E)
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.
(i)
Stage 5 response - Emergency water shortage conditions.
(1)
Target.
Achieve a 20 percent reduction in daily water
demand.
(2)
Best management practices for supply management.
During
times of emergency water shortage conditions such as loss of a well
or pumping station, the city will utilize the interconnect with the
City of Houston to augment the City of Humble’s water supply.
(3)
Water use restrictions for reducing demand.
All requirements of Stage 2, 3, and 4 shall remain
in effect during Stage 5 except:
(Ordinance 20-875, sec. 1, adopted 7/9/20; Ordinance adopting 2022 Code)
(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
city manager, 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 in accordance with the general penalty provided in section 1.01.009 of this code. 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 city manager 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 as set forth in the fee schedule in appendix A of this code, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
(c)
Any person, including a person classified as a water customer of
the city, 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 parent’s control shall constitute a rebuttable presumption
that the parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the child
not to use the water as it was used in violation of this plan and
that the parent could not have reasonably known of the violation.
(d)
Any employee of the city, police officer, or other employee designated
by the city manager may issue a citation to a person he/she reasonably
believes to be in violation of this division. 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 municipal court on the date shown on the
citation for which the date shall not be less than 3 days nor more
than 5 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 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 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 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 municipal
court before all other cases.
(Ordinance 20-875, sec. 1, adopted 7/9/20; Ordinance adopting 2022 Code)
(a)
The city manager, or his/her designee, may, in writing, grant 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 the person requesting such variance
and if one or more of the following conditions are met:
(b)
Persons requesting an exemption from the provisions of this division
shall file a petition for variance with the city within 5 days after
the plan or a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the city manager,
or his/her designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(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 the petitioner complies with this division.
(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.
(8)
Other pertinent information.
(Ordinance 20-875, sec. 1, adopted 7/9/20)
