(a)
Purpose and scope.
This division outlines the city’s
water conservation and emergency water demand management efforts.
These efforts consist of two plans: (i) a water conservation plan,
and (ii) a drought contingency and emergency water management plan.
The city will revise these plans as needed to meet objectives requested
by the state commission on environmental quality (TCEQ) via sections
288.1 to 288.30 of title 30 of the Texas Administrative Code (TAC),
regional water planning groups, and the City of Fort Worth and to
meet the goals stated in each plan. Each plan shall be administered
by the city manager or his/her official designee (“city manager”).
(b)
Required submittals.
The water conservation and the
drought and water emergency plans must be submitted to the executive
director of TCEQ no later than May 1, 2009, and every five years after
that date, to coincide with the regional water planning group. Any
revised plans must be submitted to the executive director of TCEQ
within 90 days of adoption. The revised plans must include the implementation
reports.
(1)
The list of dates and descriptions of the conservation measures implemented.
(2)
Data about whether or not targets in the plans are being met.
(3)
The actual amount of water saved.
(4)
If the targets are not being met, an explanation as to why any of
the targets are not being met, including any progress on that particular
target.
(Ordinance 909, sec. 1, adopted 4/14/09; 2004 Code, sec. 13.1401)
(a)
Adoption.
The city has adopted a water conservation
plan which is on file and available for inspection at the city manager
or his/her designee’s office. The city manager or his/her official
designee will oversee the execution and implementation of all elements
of the water conservation plan and is also responsible for overseeing
records verifying the plan’s implementation.
(b)
Periodic review and annual reporting.
The city will
review the water conservation plan, prepare annual reports, and update
the plan as appropriate.
Editor’s note–Ordinance 1144 adopted
a new water conservation plan, attached to the ordinance as Exhibit
“A”, replacing Exhibit “A” of Ordinance 1023.
(Ordinance 909, sec. 1, adopted 4/14/09; Ordinance 1023 adopted 4/14/14; 2004 Code,
sec. 13.1402; Ordinance 1144 adopted 6/11/19; Ordinance adopting 2021 Code)
(a)
Adoption.
The city has adopted a drought contingency
and emergency water management plan which is on file and available
for inspection at the city manager or his/her designee’s office.
The drought contingency and emergency water management plan may be
amended from time to time by adopting an ordinance amending the plan.
(b)
Emergency authority.
This section applies in the event
of water shortages or delivery limitations in the city’s water
supply. The city manager or his/her official designee (“city
manager”) is authorized to implement measures prescribed when
required by this section and by the drought contingency and emergency
water management plan. The city manager or his/her designee is authorized
to enforce the measures implemented and to promulgate regulations
not in conflict with this section or state and federal laws, in aid
of enforcement. The following water restrictions shall be enforced
in case of drought or emergency conditions and are applicable to:
(c)
Initiation of plan stages.
The city manager or his/her
designee may order that the appropriate stage of the drought contingency
and emergency water management plan be initiated upon determination
that drought conditions or a water emergency exists. To be effective,
the order must be:
(d)
Notification of TCEQ.
The director of public works shall
notify the executive director of TCEQ within five (5) business days
of the implementation of any mandatory provisions of the drought contingency
and emergency water management plan.
(e)
Duration of stage; change.
A stage will remain in effect until the conditions that triggered initiation of the stage have been eliminated. If the stage is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they are triggered unless the city manager or his/her designee determines that conditions exist that will allow termination of the stage before September 30. When conditions change, the city manager or his/her designee may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in subsection (c).
(f)
Violations.
A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the mandatory water use restrictions implemented by the city manager or his/her designee as prescribed in the drought contingency and emergency water management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the mandatory water use restrictions implemented if the mandatory restrictions have been formally ordered consistent with the terms of subsection (e) and:
(1)
The manner of use has been prohibited by the drought contingency
and emergency water management plan;
(2)
The amount of water used exceeds that allowed by the drought contingency
and emergency water management plan; or
(3)
The manner or amount used violates the terms and conditions of a
compliance agreement made pursuant to a variance granted by the city
manager or his/her designee.
(g)
Penalties; enforcement.
Any person who is convicted
of violating, disobeying, omitting, neglecting or refusing to comply
with a mandatory water use restriction implemented in accordance with
this section or the drought contingency and emergency water management
plan will be given a written warning that he has violated a mandatory
water use restriction as a first offense. For each subsequent offense,
any person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a mandatory water use restriction implemented
in accordance with this section and the drought contingency and emergency
water management plan may be fined not more than two thousand dollars
($2,000.00). In addition, the following penalties shall apply:
(1)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a mandatory water use restriction implemented
in accordance with this section and stage 1 of the drought contingency
and emergency water management plan as a second offense shall be fined
not less than one hundred dollars ($100.00).
(2)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a mandatory water use restriction implemented
in accordance with this section and stage 2 of the drought contingency
and emergency water management plan as a second offense shall be fined
not less than two hundred fifty dollars ($250.00).
(3)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a mandatory water use restriction implemented
in accordance with this section and stage 3 of the drought contingency
and emergency water management plan as a second offense shall be fined
not less than five hundred dollars ($500.00).
(4)
If a person is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a mandatory water use restriction implemented
in accordance with this section and the drought contingency and emergency
water management plan as a third offense, the city manager or his/her
designee may either:
(A)
Install a flow restrictor in the water line to the premises where
the violations occurred to limit the amount of water that may pass
through the meter in a twenty-four-hour period or a lockout device
to a backflow assembly; or
(B)
Discontinue water service to the premises where the violation occurred.
(h)
Variances.
During the times the emergency order is operative,
the city manager or his/her designee may grant variances only under
the following circumstances and conditions:
(1)
The applicant signs a compliance agreement on a form provided by
the city manager or his/her designee, and approved by the city attorney,
agreeing to use the water only in the amount and manner permitted
by the variance;
(2)
Granting of the variance would not cause an immediate significant
reduction in the city’s water supply;
(3)
Failure to approve the variance would result in an extreme hardship
or need relating to the health, safety or welfare of the applicant;
and
(4)
Granting the variance would not adversely affect the premises at
which the violation occurred.
(i)
Revocation of variances.
The city manager or his/her
designee may revoke a variance when he or she determines that:
(j)
Appeals.
All appeals of the denial or revocation of
a variance shall come to the city manager or his/her designee unless
the city manager or his/her designee has issued the decision, then
they shall come to the city council. Appeals shall be filed by written
notice with the city manager or his/her designee within ten (10) days
after issuance of the decision. The appellate decision shall be final.
(k)
Wholesale service to customers outside city.
The city
manager or his/her designee shall advise customers receiving wholesale
water service from the city of actions taken under the drought contingency
and emergency water management plan. The city manager or his/her designee
may restrict service to customers outside the city as permitted under
the contract and state law.
(l)
Authority under other laws.
Nothing in this section
shall be construed to limit the authority of the mayor, the city council
or the city manager or his/her designee to seek emergency relief under
the provisions of any state or federal disaster relief act.
Editor’s note–Ordinance 1144 adopted
a new drought contingency and emergency water management plan, attached
to the ordinance as Exhibit “B”, replacing Exhibit “B”
of Ordinance 1023.
(Ordinance 909, sec. 1, adopted 4/14/09; Ordinance 1023 adopted 4/14/14; 2004 Code,
sec. 13.1403; Ordinance 1144 adopted 6/11/19; Ordinance adopting 2021 Code)
(a)
Irrigation restrictions and schedule.
Lawns and landscaping
may be watered on any day, at any time, by hand-held hose, drip irrigation,
a soaker hose or tree bubbler. (The intent of this measure is to allow
for the protection of structural foundations, trees, and other high
value landscape materials.) Except for hand watering, drip irrigation
and the use of soaker hoses, a person may only irrigate, water, or
cause or permit the irrigation or watering of any lawn or landscape,
inclusive of structural foundations, trees, and other high value landscape
materials, located on premises owned, leased, or managed by that person
(i) on a day designated as an outdoor water use day for the property’s
address as shown below, and (ii) between the hours of 12:00 midnight
to 10:00 a.m. and 6:00 p.m. to 11:59 p.m. on such day.
(1)
Residential addresses ending in an even number (0, 2, 4, 6 or 8)
may water on Wednesdays and Saturdays.
(2)
Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may
water on Thursdays and Sundays.
(3)
All nonresidential locations (apartment complexes, businesses, industries,
parks, street and/or roadway medians, etc.) may water on Tuesdays
and Fridays.
(b)
Watering during prohibited hours.
Except for hand watering,
drip irrigation and the use of soaker hoses, a person commits an offense
if that person irrigates, waters, or causes or permits the irrigation
or watering of any lawn or landscape located on premises owned, leased,
or managed by that person between the hours of 10:00 a.m. and 6:00
p.m.
(c)
Watering on non-designated day.
Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above.
(d)
Waste of water.
A person commits an offense if a person
knowingly or recklessly irrigates, waters, or causes or permits the
irrigation or watering of a lawn or landscape located on premises
owned, leased or managed by the person in a manner that causes:
(1)
A substantial amount of water to fall upon impervious areas instead
of a lawn or landscape, such that a constant stream of water overflows
from the lawn or landscape onto a street or other drainage area; or
(2)
An irrigation system or other lawn or landscape watering device to
operate during any form of precipitation.
(e)
Irrigation device wasting water.
A person commits an
offense if, on premises owned, leased, or managed by that person,
a person operates a lawn or landscape irrigation system or device
that:
(f)
(g)
Variances.
(1)
The director of public works or official designee may grant variances
to the twice-per-week watering and irrigation restrictions and schedule,
if one or more of the following conditions are met:
(A)
Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public
or the person requesting the variance;
(B)
Compliance with the watering and irrigation restrictions and/or schedule
cannot be accomplished due to technical or other limitations; or
(C)
Alternative methods that achieve the same level of reduction in water
use can be implemented.
(2)
The director of public works or official designee may grant variances
to allow for establishment of hydromulch, grass sod, or grass seed
for new lawns.
(3)
Variances shall be granted or denied at the discretion of the water
department director or official designee. All petitions for variances
shall be in writing and shall include the following:
(A)
Name and address of the petitioner(s);
(B)
Purpose of the water use;
(C)
Specific provisions from which relief is requested;
(D)
Detailed statement of the adverse effect of the provision from which
relief is requested;
(E)
Description of the relief requested;
(F)
Period of time for which the variance is sought;
(G)
Alternative measures that will be taken to reduce water use; and
(H)
Other pertinent information requested.
(h)
Use of alternative water source.
A person who irrigates,
waters, or causes or permits the irrigation or watering by use of
an alternative water source such as a well, reclaimed or reused water,
or water from the Trinity River is exempt from prosecution if that
person has:
(1)
Registered such alternative water source with the city;
(2)
Provided sufficient proof to the water department director that the
alternative water source is from a well, reclaimed or reused water
or from the Trinity River and has allowed inspection by the water
department director if deemed necessary; and
(Ordinance 1023 adopted 4/14/14; 2004 Code, sec. 13.1201)
(a)
The director of public works may grant variances from the provisions of section 13.12.031(a) to persons demonstrating extreme hardship and need as determined by the director of public works and only under the following conditions:
(1)
The applicant must sign a compliance agreement on forms provided
by the director of public works, agreeing to irrigate or water a lawn
or landscape only in the amount and manner permitted by the variance;
(2)
Granting of a variance must not cause an immediate significant reduction
in the city’s water supply;
(3)
The extreme hardship or need requiring the variance must relate to
the health, safety, or welfare of the person requesting it; and
(4)
The health, safety or welfare or other persons must not be adversely
affected by granting the variance.
(b)
The director of public works may revoke a variance granted when the
director determines that:
(c)
No variance shall be permitted for an action or purpose that violates
those rules promulgated by the state commission on environmental quality
contained in chapter 344, subchapter A, section 344.1, subchapter
C, sections 344.30–344.38, subchapter D, sections 344.40–344.43,
and subchapters E and F, sections 344.50–344.65, [of title 30]
Texas Administrative Code (effective January 1, 2009).
(Ordinance 909, sec. 2, adopted 4/14/09; 2004 Code, sec. 13.1202; Ordinance adopting 2021 Code)
