(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; minimize the adverse impacts of
a 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 water resource emergency
management plan (the "plan") are considered to be nonessential and
the continuation of such uses during times of a water shortage or
other emergency water supply conditions are deemed to constitute a
waste of water that will subject offenders to both civil and criminal
fines and penalties.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance 7522 adopted 4/16/2024)
In this article:
Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
A vertebrate organism dependent upon an aquatic environment
to sustain its life.
A sports competition field used primarily for organized sports
practice, competition or exhibition events for schools, professional
sports or sanctioned league play.
A device which permits water to flow through it only when
outside pressure is applied.
Commercial, institutional and industrial customers using
water that is integral to its operations.
Those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve
efficiency in the use of water or increase the recycling and reuse
of water so that an adequate supply of water is conserved and made
available for future or alternative uses.
Varieties of turf grass that grow best in cool climates primarily
in northern and central regions of the United States (i.e. perennial
and annual rye grass, Kentucky blue grass and fescues).
Any person (as that term is defined in section 10.03 of this code) using or receiving water supplied by the city.
The managing director of water, wastewater, and water recycling
of the city, his or her designee, or such other individual to whom
the city manager has appointed the duties and authority under this
article.
The application of small quantities of water as drops, small
streams or miniature sprays through emitters of applicators placed
along a water delivery line. The drip method encompasses a number
of systems or concepts such as bubbler, dripper, trickle, line source
mist or miniature spray.
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.
Areas of decorative plantings of vegetation generally consisting
of shrubs, vines, groundcovers, trees, ornamental trees, and decorative
grass species that are planted to improve aesthetic qualities or natural
beauty of a site and/or to stabilize the soil conditions, thereby
minimizing water runoff. These areas may also include vegetation planted
in containers intended to supplement or highlight areas of the landscape
or garden.
An open area covered by closely mown and cultivated perennial
turf grass.
A type of water hose made of porous material that allows
water to seep out of the hose without spraying water into the air.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6305, sec. 1, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
(A)
The director shall monitor water supply or demand conditions on a
daily basis and will determine when conditions warrant the initiation
or termination of any emergency response stage of the plan. The director
shall endeavor to provide public notification of the initiation or
termination of an emergency response stage by means of publication
of notice in a newspaper of general circulation in the city, the "city
press," and the city's website, by posting notices on the city's
public access CATV channel and social media channels, through customer
mailings when applicable, and by posting signs in city buildings.
The director shall endeavor to notify any wholesale water customers
and the North Texas Municipal Water District ("NTMWD") by telephone
and a follow-up letter, e-mail, or fax when an emergency response
stage is initiated. The director shall notify the executive director
of the TCEQ within 5 business days when any mandatory provisions of
the plan are activated.
(B)
When the director determines that a water shortage or water supply
emergency requires activation of the plan, the provisions of the plan
shall go into effect immediately upon the first publication of notice
and shall remain in effect until terminated by the director.
(C)
The director may order the termination of an emergency response stage
or water emergency when the conditions for termination are met or
at his discretion. The director may decide not to order the termination
of an emergency 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 emergency
response stage. The director shall endeavor to take the following
actions when an emergency response stage is terminated:
(1)
Notify the public by means of publication of notices in a newspaper
of general circulation in the city; publication in the "city press";
posting notices on the city's website, social media channels
and on the city's public access CATV channel; through customer
mailings if applicable, and by posting signs in city buildings.
(2)
Notify any wholesale water customers and the NTMWD in a timely
manner.
(3)
Notify the executive director of the TCEQ within five (5) business
days that activated mandatory provisions of the plan are terminated.
(D)
Depending on the circumstances prevailing at the time the plan is
put into effect, the director may determine that a water shortage
or other water supply emergency exists under one of the following
stages:
(1)
Stage 1.
(a)
Requirements for initiation.
The director may
initiate restrictions on certain nonessential water uses applicable
to a stage 1 water shortage when:
(i)
The city's wholesale water provider, NTMWD, notifies the
director of delivery or source shortages, requests initiation of stage
1 of the plan, and the director concurs;
(ii)
Total daily water demand exceeds 95 percent of
the amount that can be delivered to customers for three consecutive
days;
(iii)
Water demand for all or part of the delivery
system equals delivery capacity because delivery capacity is inadequate;
(iv)
Supply source becomes contaminated;
(v)
Water system is unable to deliver water due to the failure or
damage of major water system components; or
(vi)
The water system experiences continually falling
treated water storage levels that do not refill above 65 percent overnight.
(b)
Requirements for termination.
Stage 1 may terminate
when the circumstances that caused the initiation of stage 1 no longer
prevail and the director authorizes.
(2)
Stage 2.
(a)
Requirements for initiation.
The director may
initiate restrictions on certain nonessential water uses applicable
to a stage 2 water shortage when:
(i)
The city's wholesale water provider, NTMWD, notifies the
director of delivery or source shortages, requests initiation of stage
2 of the plan, and the director concurs;
(ii)
Total daily water demand exceeds 98 percent of
the amount that can be delivered to customers for three consecutive
days;
(iii)
Water demand for all or part of the delivery
system exceeds delivery capacity because delivery capacity is inadequate;
(iv)
Supply source becomes contaminated;
(v)
Water system is unable to deliver water due to the failure or
damage of major water system components; or
(vi)
The water system experiences continually falling
treated water storage levels that do not refill above 50 percent overnight.
(b)
Requirements for termination.
Stage 2 may terminate
when the circumstances that caused the initiation of stage 2 no longer
prevail and the director authorizes.
(3)
Stage 3.
(a)
Requirements for initiation.
The director may
initiate restrictions on certain nonessential water uses applicable
to a stage 3 water shortage when:
(i)
The city's wholesale water provider, NTMWD, notifies the
director of delivery or source shortages, requests initiation of stage
3 of the plan, and the director concurs;
(ii)
Total daily water demand exceeds the amount that
can be delivered to customers;
(iii)
Water demand for all or part of the delivery
system seriously exceeds delivery capacity because delivery capacity
is inadequate;
(iv)
Supply source becomes contaminated;
(v)
Water supply system is unable to deliver water due to the failure
or damage of major water system components; or
(vi)
The water system experiences continually falling
treated water storage levels that do not refill above 20 percent overnight.
(b)
Requirements for termination.
Stage 3 may terminate
when the circumstances that caused the initiation of stage 3 no longer
prevail and the director authorizes.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6305, secs. 2, 3, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
Based upon an analysis of water supply and demand conditions
and in accordance with the triggering criteria set forth above, the
director may implement the following emergency response stages as
appropriate to the water shortage or water emergency being experienced.
(1)
Stage 1.
The goal for water use reduction under stage
1 is a two percent (2%) reduction in the use that would have occurred
in the absence of emergency management measures. During a stage 1
shortage:
(a)
The city will, in the manner it deems necessary and appropriate,
endeavor to:
(i)
Accelerate public education efforts on ways to reduce water
use.
(ii)
Halt nonessential city government water use.
(iii)
Encourage the public to wait until the current
drought or emergency situation has passed before establishing new
landscaping.
(iv)
The city will, in the manner it deems necessary and appropriate,
endeavor to implement viable alternative supply strategies.
(v)
Allow irrigation in stage 1 as follows:
A.
Between April 1 and October 31, irrigation of landscape areas,
foundations, trees and lawns with hose-end sprinklers or automatic
irrigation systems is prohibited except on Tuesdays and Saturdays;
and from November 1 to March 31 the irrigation of landscape areas,
foundations, trees and lawns with hose-end sprinklers or automatic
irrigation systems is limited to once per week as approved by the
director. An exception is allowed where establishment of vegetation
is required by TCEQ for stormwater permits on new construction.
B.
Irrigation of landscape areas, foundations, and trees is allowed
on any day provided it is accomplished using a handheld hose equipped
with an automatic shutoff nozzle, a hose filled bucket or watering
can of five (5) gallons or less, a soaker hose, or a drip irrigation
system. Excessive run-off is prohibited.
C.
The city and school district may water parks, sports fields,
landscaped and lawn areas of medians and parkways, or other municipal
facilities throughout the week in a manner that achieves the equivalent
of two water days between April 1 and October 31 and from November
1 to March 31 the equivalent of once a week as approved by the director.
D.
Except for hand watering with an automatic shutoff nozzle, or
the use of soaker hoses or drip irrigation systems, irrigation of
lawns or landscape areas is prohibited between the hours of 10:00
a.m. and 6:00 p.m. from April 1 through October 31.
(vi)
Discourage over seeding of cool season turf grasses (such as
rye grass or other similar grasses) that intensify cool season water
requirements, except where establishment of vegetation is required
by TCEQ for stormwater permits on new construction.
(2)
Stage 2.
The goal for water use reduction under stage
2 is a reduction of five percent (5%) in the use that would have occurred
in the absence of emergency management measures. During a stage 2
shortage:
(a)
The city will endeavor to continue or initiate actions available
under stage 1.
(b)
The city will, in the manner it deems necessary and appropriate,
endeavor to implement viable alternative water supply strategies.
(c)
The operation of any ornamental fountain or pond for aesthetic
or scenic purposes, if it uses potable water, is prohibited except
when necessary to support aquatic life.
(d)
The use of water to wash down sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard surfaces areas is prohibited
except for human health and safety purposes. Use of water for dust
control on construction projects is permitted to the extent allowed
or required by law or regulation.
(e)
Use of water to wash any vehicle, including without limitation
a motor vehicle, motorcycle, boat, trailer, or airplane, is prohibited
unless the source of water is equipped with an automatic shutoff nozzle
that will stop the flow of water when that flow is not needed to rinse
the vehicle being washed.
(f)
Use of water in such a manner as to allow runoff or other waste
is prohibited. Water runoff is excessive when it extends for a distance
greater than ten (10) feet from the property's boundary lines;
onto an adjacent property; or ten (10) feet past the targeted irrigation
area for commercial sites. Excessive water runoff can be cause for
termination of water service.
(g)
Irrigation is allowed in stage 2 as follows:
(i)
Between April 1 and October 31, irrigation of landscape areas,
foundations, trees and lawns with hose-end sprinklers or automatic
irrigations systems is limited to one day per week on the day designated
for residential trash pickup in customer's area; and from November
1 to March 31 the irrigation of landscaped areas, foundations, trees
and lawns with hose-end sprinklers or automatic irrigation systems
is limited to one day every other week on the day designated for collection
of recyclable materials in customer's area.
(ii)
The city and school district may water parks, sports fields,
landscaped and lawn areas of medians and parkways, or other municipal
facilities throughout the week in a manner that achieves the equivalent
of one water day between April 1 and October 31 and from November
1 to March 31 the equivalent of once every other week as approved
by the Director.
(iii)
Irrigation of landscaped areas, trees, lawns
or foundations is permitted at any time if it is done by means of
a handheld hose equipped with an automatic shutoff nozzle, soaker
hoses, or by drip irrigation. Water runoff (subsection (2)(f)) continues
to be prohibited.
(iv)
Golf courses using potable water may water fairways on designated
watering days only, but may water greens and tee boxes as necessary.
Athletic fields may be watered as necessary to ensure the safety and
well-being of the public.
(v)
An exception is allowed where establishment of vegetation is
required by TCEQ for stormwater permits on new construction.
(vi)
Irrigation systems may be run for ten (10) minutes per station
to test and repair the system and ensure proper operation.
(vii)
Except for hand watering with a handheld hose
equipped with an automatic shutoff nozzle, or the use of soaker hoses
or drip irrigation systems, irrigation of lawns or landscape areas
is prohibited between the hours of 10:00 a.m. and 6:00 p.m. from April
1—October 31.
(h)
Existing swimming pools, wading pools, hot tubs or spa-type
pools may not be drained and refilled; provided, however, that water
may be added to swimming pools to replace losses during normal use
or may be refilled immediately after repair by a commercial pool company.
(i)
Discourage hydroseeding, hydromulching, and sprigging, except
where establishment of vegetation is required by TCEQ for stormwater
permits on new construction.
(j)
Tenants of a rental property may not be required to plant or irrigate turfgrass. The landlord, homeowner's association or designated representative, may hand water the turfgrasses for a maximum of two hours per day. If a landlord chooses to hand water, they agree to deduct 75% of the retail public utility's master meter bill for water and sewer service before allocating it to the tenants (in accordance with Texas Administrative Code, Public Utility Commission of Texas, chapter 24, subchapter I, rule 24.281, ii).
(3)
Stage 3.
The goal for water use reduction under stage
3 is a reduction of thirty percent (30%) in the use that would have
occurred in the absence of emergency management measures. During a
stage 3 shortage:
(a)
The city may continue or initiate any actions available under
stages 1 and 2.
(b)
The city will, in the manner it deems necessary and appropriate,
endeavor to implement viable alternative water supply strategies.
(c)
Use of water to wash any vehicle at any location other than
a commercial vehicle washing facility, including without limitation
a motor vehicle, motorcycle, boat, trailer, or airplane, is prohibited
unless for health, sanitation or safety reasons and for essential
governmental purposes. A hose-end automatic shutoff nozzle must be
used for this exception.
(d)
Irrigation of landscape areas, foundations, trees and lawns
with hose-end sprinklers or automatic irrigation systems is prohibited.
Landscape areas, foundations, and trees may be watered for up to 2
hours on any day by a handheld hose equipped with an automatic shutoff
nozzle, a soaker hose, or a drip irrigation system. Athletic fields
may be watered as necessary to ensure the safety and well-being of
the public. Excessive run-off continues to be prohibited.
(e)
Permitting of pools is prohibited. Pools already permitted may
be completed and filled with water. Existing pools may add water to
maintain pool levels but may not be drained and refilled.
(f)
Discourage the establishment of new landscaping. An exception
is allowed where establishment of vegetation is required by TCEQ for
stormwater permits on new construction.
(g)
Prohibit golf course watering with potable water except for
greens and tee boxes.
(h)
Require all commercial users to reduce water use by a percentage
established by the city manager or his designee.
(i)
The operation of any ornamental fountain or pond for aesthetic
or scenic purposes, if it uses potable water, is prohibited except
where necessary to support aquatic life.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6305, sec. 4, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6630, sec. 1, adopted 8/6/13; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance 7522 adopted 4/16/2024)
Surcharges on water consumption may be imposed and collected
during any emergency response stage approved by the council.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance 7522 adopted 4/16/2024)
Water use restrictions imposed in stage 1, 2 and 3 emergency
response stages may be enforced as follows:
(1)
Upon the first or a subsequent violation, a customer may be issued
a citation, with minimum and maximum fines as established by ordinance.
(2)
Upon the second or a subsequent violation, the city may terminate water service to the customer. Services discontinued pursuant to this subsection will be restored only upon payment of a reconnection charge as set forth in section 50.30(D)(1) of this Code.
(3)
Any person in apparent control of the premises where a violation
occurs or originates is presumed to be the violator, and proof that
the violation occurred on the person's premises constitutes a
rebuttal presumption that the person in apparent control of the property
committed the violation. Parents are presumed to be responsible for
violations of their minor children and proof that a violation, committed
by a child, occurred on the premises under the parent's control
constitutes a rebuttal presumption that the parent committed the violation.
The presumption may be rebutted by proof that the parent had previously
directed the child not to use the water as it was used in violation
of the plan and that the parent could not have reasonably known of
the violation.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6305, sec. 5, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
(A)
The director may, in writing, grant a temporary variance of existing
water uses otherwise prohibited under the plan if the director determines
that the failure to grant such a variance would cause an emergency
condition adversely affecting the public health, safety or welfare,
or the person requesting the variance would suffer an undue hardship
and the person demonstrates that:
(B)
A petition for a variance must include the following:
(1)
The name and address of petitioners;
(2)
The purpose of the intended water use;
(3)
The specific requirement of the plan from which the petitioner
is requesting relief;
(4)
A detailed statement as to how the specific requirement creates
a hardship unique to the petitioner or adversely affects the petitioner,
and a statement as to what damage or harm will occur to the petitioner
or others if the petitioner complies with this article;
(5)
A description of the relief requested;
(6)
The period of time for which the variance is sought; and
(7)
A description of what alternative water use restrictions or
other measures the petitioner is taking or proposes to take in order
to meet the intent of this plan.
(C)
Unless waived or modified in writing by the director, a variance
granted under this section shall include a timetable for compliance
and shall contain a condition terminating the variance if the petitioner
fails to meet a specified requirement of the variance.
(D)
No variance will be retroactive or otherwise justify any violation
of this plan that occurs prior to the issuance of the variance.
(Ordinance 5414, sec. 1, adopted 10/19/99; Ordinance 6107, sec. 1, adopted 3/20/07; Ordinance 6139, sec. 1, adopted 7/3/07; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance 7522 adopted 4/16/2024)
The city will provide the opportunity for public input in the
development of this water resource emergency plan by the following
means:
(1)
Providing written notice of the proposed plan and opportunity to
comment on the plan by newspaper, posted notice and/or notice on the
city's website.
(2)
Providing
the draft plan to anyone requesting a copy.
(3)
Holding
a public meeting to give the public the opportunity to provide input
on the plan. The meeting will be held at a time and location convenient
to the public.
(Ordinance 6305, sec. 6, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
(A)
The city will inform and educate the public about the water resource
emergency plan by the following means:
(1)
Preparing a bulletin describing the plan and making it available
at city hall and other appropriate locations.
(2)
Making the plan available to the public through the city's
website.
(3)
Including information about the water resource emergency plan
on the city's website.
(4)
Notifying local organizations, schools, and civic groups that
staff are available to make presentations on the plan (usually in
conjunction with presentations on water conservation programs).
(B)
At any time that the plan is activated or the emergency response
stage changes, the city will notify local media of the issues, the
current emergency response stage, and the specific actions required
of the public. The information will also be publicized on the city's
website and on social media channels. Billing inserts will also be
used as appropriate.
(Ordinance 6305, sec. 6, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
A letter will be sent to the chair of the region C water planning
group with a copy of this water resource emergency plan. The city
will also send a copy of this water resource emergency plan to NTMWD.
(Ordinance 6305, sec. 6, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
As required by TCEQ rules, the city will review and update the
water resource emergency plan every five years. The plan will be updated
as appropriate based on new or updated information.
(Ordinance 6305, sec. 6, adopted 4/7/09; Ordinance 6528, sec. 1, adopted 3/20/12; Ordinance 6780, sec. 1, adopted 6/2/15; Ordinance 7072 adopted 6/18/19; Ordinance
7522 adopted 4/16/2024)
