(a)
In order
to conserve the available water supply and protect the integrity of
water supply facilities, with particular regard for domestic water
use, sanitation, 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 nonessential 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 13.710 of this plan.
(Ordinance O2018-06-02 adopted 6/5/18)
Opportunity for the public to provide input into the preparation
of the plan was provided by the city by means of publication in our
newspaper of record, The Hillsboro Reporter, publication on our website
and through social media and conducting public hearings at city council
meetings to accept input on the plan.
(Ordinance O2018-06-02 adopted 6/5/18)
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 state. This information
will be provided by means of public notices, press releases and mailings.
(Ordinance O2018-06-02 adopted 6/5/18)
The service area of the city is located within the Region G
Water Planning Area and the city has provided a copy of this plan
to the Brazos G Regional Water Planning Group.
(Ordinance O2018-06-02 adopted 6/5/18)
The city manager, or his/her designee is hereby authorized and
directed to implement the applicable provision 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 the plan.
(Ordinance O2018-06-02 adopted 6/5/18)
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 O2018-06-02 adopted 6/5/18)
For the purposes of this plan, the following definitions shall
apply:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools and water gardens.
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.
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.
Any person, company or organization using water supplied
by the city.
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.
Street addresses, box numbers or rural postal route numbers
ending in 0, 2, 4, 6 or 8 and locations without addresses.
The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
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.
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 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.
Street addresses, box numbers, or rural postal route numbers
ending in 1, 3, 5, 7 or 9.
(Ordinance O2018-06-02 adopted 6/5/18)
(a)
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.
(b)
The triggering
criteria described below are based on water production and distribution
system limitations and emergency conditions (e.g., supply source contamination
and system outage due to failure or damage of major water system components).
Analysis of the city’s water supply availability under drought
of record conditions indicate there is essentially no risk of water
supply shortage currently. Ample amount of raw water is available
as guaranteed by our contract with our wholesale water supplier, the
Aquilla Water Supply District. The only restrictions are those resulting
from production and pumping limitations of Aquilla Water Supply District’s
existing water plant and distribution system.
(1)
Stage
1 Triggers -- Mild Water Shortage Conditions.
(A)
Requirements for Initiation.
Customers shall be requested
to voluntarily conserve water and adhere to the prescribed restrictions
for stage 1 as provided in section 13.707, “definitions - nonessential
water use,” when one (1) of the following criteria are met (annually,
beginning on June 1st through September 30th):
(B)
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 7 consecutive days or when the
city manager declares termination.
(2)
Stage
2 Triggers -- Moderate Water Shortage Conditions.
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain nonessential
water uses provided in section 13.707 of this plan when one (1) of
the following criteria are met:
(B)
Requirements for Termination.
Stage 2 of the plan may
be rescinded when all the conditions listed as triggering events have
ceased to exist for a period of 7 consecutive days or when the city
manager declares termination. Upon termination of stage 2, stage 1
becomes operative unless otherwise determined by the city manager.
(3)
Stage
3 Triggers -- Severe Water Shortage Conditions.
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain nonessential
water uses for stage 3 of this plan when one (1) of the following
criteria are met:
(B)
Requirements for Termination.
Stage 3 of the plan may
be rescinded when all the conditions listed as triggering events have
ceased to exist for a period of 7 consecutive days or when the city
manager declares termination. Upon termination of stage 3, stage 2
becomes operative unless otherwise determined by the city manager.
(4)
Stage
4 Triggers -- Emergency Water Shortage Conditions.
(A)
Requirements for Initiation.
Customers shall be required
to comply with the requirements and restrictions on certain nonessential
water uses for stage 4 of this plan when one (1) of the following
criteria are met:
(i)
Major water line breaks, or pump or system failures occur, which
cause loss of capability to provide water service.
(ii)
Natural or manmade contamination of the water supply source.
(iii)
Brazos River Authority initiates stage 4 of their drought contingency
plan.
(iv)
The city manager declares an emergency water shortage.
(B)
Requirements for Termination.
Stage 4 of the plan may
be rescinded when all the conditions listed as triggering events have
ceased to exist for a period of 7 consecutive days or when the city
manager declares termination. Upon termination of stage 4, stage 3
becomes operative unless otherwise determined by the city manager.
(Ordinance O2018-06-02 adopted 6/5/18)
(a)
Monitoring
and Notification.
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
13.708 of this plan, shall determine that a mild, moderate, severe,
critical, or emergency water shortage condition exists and shall implement
the following notification procedures:
(1)
Notification
of the Public.
The city manager or his/her designee shall
notify the public by means of one or any combination of methods listed
below:
(2)
Additional
Notification.
The city manager or his/her designee shall
notify directly, or cause to be notified directly, the following individuals
and entities:
(A)
Members of the city council.
(B)
Area fire chiefs.
(C)
City and county emergency management coordinator.
(D)
County judge and commissioners or state disaster district/department
of public safety.
(E)
TCEQ (required when mandatory restrictions are imposed).
(F)
Major water users.
(G)
Critical water users.
(H)
Parks/street superintendents and public facilities managers.
(b)
Response
Stages.
(1)
Stage
1 Response -- Mild Water Shortage Conditions.
(A)
Target.
Achieve a voluntary reduction in total water
use and/or daily water demand.
(B)
Supply Management Measures.
Discontinue flushing of
water mains and flow testing of fire hydrants except as needed to
maintain chlorine residual and as part of completing repairs to the
water system.
(C)
Voluntary Water Use Restrictions for Reducing Demand.
(i)
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.
(ii)
All operations of the city shall adhere to water use restrictions
prescribed for stage 2 of the plan.
(iii)
Water customers are requested to practice water conservation
and to minimize or discontinue water use for nonessential purposes.
(2)
Stage
2 Response -- Moderate Water Shortage Conditions.
(A)
Target.
Achieve a 10 percent reduction in total water
use and/or daily water demand.
(B)
Best Management Practices for Supply Management.
Discontinue
flushing of water mains and flow testing of fire hydrants except as
needed to maintain chlorine residual and as part of completing repairs
to the water system.
(C)
Water Use Restrictions for Demand Reduction.
Under threat
of penalty for violation, the following water use restrictions shall
apply to all persons:
(i)
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 until 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 watering can of five (5) gallons or less, or drip irrigation system.
(ii)
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 rises. 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.
(iii)
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.
(iv)
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.
(v)
Use of water from hydrants shall be limited to firefighting, related
activities, or other city - drought contingency plan 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.
(vi)
Use of water for the irrigation of golf course greens, tees, and
fairways is prohibited except on designated watering days between
the hours 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and
12:00 midnight. However, if the golf course utilizes a water source
other than that provided by the city, the facility shall not be subject
to these regulations.
(vii)
All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(viii)
Nonessential water uses as defined in section 13.707 of this
plan.
(3)
Stage
3 Response -- Severe Water Shortage Conditions.
(A)
Target.
Achieve a 20 percent reduction in total water
use and/or daily water demand.
(B)
Best Management Practices for Supply Management.
Discontinue
flushing of water mains and flow testing of fire hydrants except as
needed to maintain chlorine residual and as part of completing repairs
to the water system.
(C)
Water Use Restrictions for Demand Reduction.
Discontinue
flushing of water mains and flow testing of fire hydrants except as
needed to maintain chlorine residual and as part of completing repairs
to the water system.
(D)
Water Use Restrictions.
All requirements of stage 2
shall remain in effect during stage 3 except:
(i)
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
always.
(ii)
The watering of golf course tees is prohibited unless the golf course
utilizes a water source other than that provided by the city.
(iii)
The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued.
(4)
Stage
4 Response -- Critical Water Shortage Conditions.
(A)
Target.
Achieve a 30 percent reduction in total water
use and/or daily water demand.
(B)
Best Management Practices for Supply Management.
Discontinue
flushing of water mains and flow testing of fire hydrants except as
needed to maintain chlorine residual and as part of completing repairs
to the water system.
(C)
Water Use Restrictions for Reducing Demand.
All requirements
of stage 2 and 3 shall remain in effect during stage 4 except:
(i)
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 are prohibited
at all times.
(ii)
Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a commercial
carwash and commercial service stations and not in the immediate interest
of public health, safety, and welfare is prohibited. Further, such
vehicle washing at commercial carwashes 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.
(iii)
The filling, refilling, or adding of water to swimming pools,
wading pools, and Jacuzzi-type pools is prohibited.
(iv)
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.
(v)
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 city - drought contingency
plan higher-numbered stage shall be in effect.
(5)
Stage
5 Response -- Emergency Water Shortage Conditions.
(A)
Target.
Achieve a 40 percent reduction in total water
use and/or daily water demand.
(B)
Best Management Practices for Supply Management.
Discontinue
flushing of water mains and flow testing of fire hydrants except as
needed to maintain chlorine residual and as part of completing repairs
to the water system.
(C)
Water Use Restrictions for Reducing Demand.
All requirements
of stages 2, 3, and 4 shall remain in effect during stage 5 except:
(6)
Stage
6 Response -- Water Allocation.
In the event that water
shortage conditions threaten public health, safety, and welfare, the
city manager is hereby authorized to allocate water according to the
following water allocation plan:
(A)
Single-Family Residential Customers.
(i)
The allocation to residential water customers residing in a single-family
dwelling shall be as follows:
|
Persons per Household
|
Gallons per Month
|
|---|---|
|
1 or 2
|
6,000
|
|
3 or 4
|
7,000
|
|
5 or 6
|
8,000
|
|
7 or 8
|
9,000
|
|
9 or 10
|
10,000
|
|
11 or more
|
12,000
|
(ii)
“Household”
means the residential premises
served by the customer’s meter. “Persons per household”
include only those persons currently physically residing at the premises
and expected to reside there for the entire billing period. It shall
be assumed that a particular customer’s household is comprised
of two (2) persons unless the customer notifies the city of a greater
number of persons per household on a form prescribed by the city manager.
The city manager shall give his/her best effort to see that such forms
are mailed, otherwise provided, or made available to every residential
customer. If, however, a customer does not receive such a form, it
shall be the customer’s responsibility to go to the city offices
to complete and sign the form claiming more than two (2) persons per
household. New customers may claim more persons per household at the
time of applying for water service on the form prescribed by the city
manager. When the number of persons per household increases so as
to place the customer in a different allocation category, the customer
may notify the city on such form and the change will be implemented
in the next practicable billing period. If the number of persons in
a household is reduced, the customer shall notify the city in writing
within two (2) days. In prescribing the method for claiming more than
two (2) persons per household, the city manager shall adopt methods
to insure the accuracy of the claim. Any person who knowingly, recklessly,
or with criminal negligence falsely reports the number of persons
in a household or fails to timely notify the city of a reduction in
the number of person in a household shall be fined not less than $200.00.
(iv)
Surcharges shall be cumulative.
(B)
Master-Metered Multifamily Residential Customers
(i)
The allocation to a customer billed from a master meter which jointly
measures water to multiple permanent residential dwelling units (example:
apartments, mobile homes) shall be allocated 6,000 gallons per month
for each dwelling unit. It shall be assumed that such a customer’s
meter serves two dwelling units unless the customer notifies the city
of a greater number on a form prescribed by the city manager. The
city manager shall give his/her best effort to see that such forms
are mailed, otherwise provided, or made available to every such customer.
If, however, a customer does not receive such a form, it shall be
the customer’s responsibility to go to the city offices to complete
and sign the form claiming more than two (2) dwellings. A dwelling
unit may be claimed under this provision whether it is occupied or
not. New customers may claim more dwelling units at the time of applying
for water service on the form prescribed by the city manager. If the
number of dwelling units served by a master meter is reduced, the
customer shall notify the city in writing within two (2) days. In
prescribing the method for claiming more than two (2) dwelling units,
the city manager shall adopt methods to insure the accuracy of the
claim. Any person who knowingly, city - drought contingency plan recklessly,
or with criminal negligence falsely reports the number of dwelling
units served by a master meter or fails to timely notify the city
of a reduction in the number of persons in a household shall be fined
not less than $200.00. Customers billed from a master meter under
this provision shall pay the following monthly surcharges:
a.
$6.00 for 1,000 gallons over allocation up through 1,000 gallons
for each dwelling unit.
b.
$5.00 thereafter, for each additional 1,000 gallons over allocation
up through a second 1,000 gallons for each dwelling unit.
c.
$5.00 thereafter, for each additional 1,000 gallons over allocation
up through a third 1,000 gallons for each dwelling unit.
d.
5.00 thereafter for each additional 1,000 gallons over allocation.
(ii)
Surcharges shall be cumulative.
(C)
Commercial and Industrial Customers.
(i)
A monthly water usage allocation is established for each nonresidential
commercial/industrial customer according to meter size. These customers
shall pay the following monthly surcharges for each meter in the event
water rationing (stage 5) is placed into effect.
|
Meter Size
|
Monthly Allocation
|
Surcharge(s) Over Allocation
|
|---|---|---|
|
3/4 to 1 inch
|
10,000 gallons
|
$6.00 per 1,000 gallons
|
|
1-1/2 to 2 inch
|
25,000 gallons
|
$6.00 per 1,000 gallons
|
|
3 to 6 inch
|
100,000 gallons
|
$6.00 per 1,000 gallons
|
|
8 inch
|
250,000 gallons
|
$6.00 per 1,000 gallons
|
|
10 inch
|
500,000 gallons
|
$6.00 per 1,000 gallons
|
(ii)
Current water rates shall apply up to and including monthly allocation.
Current sewer rates shall apply as appropriate but will not be surcharged.
(iii)
Surcharges shall be cumulative.
(Ordinance O2018-06-02 adopted 6/5/18)
(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 of not less than fifty dollars ($50.00)
and not more than two hundred dollars ($200.00). 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 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, hereby
established at forty dollars ($40.00), 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
parents 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 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’s 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 city’s 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 the city’s 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’s municipal court before all
other cases.
(Ordinance O2018-06-02 adopted 6/5/18)
(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 article 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 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.
(8)
Other
pertinent information.
(Ordinance O2018-06-02 adopted 6/5/18)
