(a) 
This water conservation and drought contingency plan shall apply in those areas of the city that receive water service from the city.
(b) 
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 extreme drought, periods of abnormally high water usage, system contamination, or extended reduction in ability to supply water due to equipment failure, 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 (“the plan”).
(c) 
When it appears that the city’s system-wide water demand or water supply warrants the implementation of conservation measures, such measures shall be ordered within the city as provided in this article. The voluntary or mandatory conservation program will be implemented by the directive of the city administrator as provided in this article.
(d) 
Water uses regulated or prohibited under this article are considered to be nonessential and continuation of such uses during times of water shortage or other emergency water supply condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.07.015 of this article and can result in termination of city water service.
(Ordinance 2018-O-528 adopted 6/14/18)
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 input on the plan.
(Ordinance 2018-O-528 adopted 6/14/18)
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 stage. This information will be provided by means of public events, press releases or utility bill inserts.
(Ordinance 2018-O-528 adopted 6/14/18)
The city administrator or his/her designee is hereby authorized and directed to implement the applicable provisions of this article upon determination that such implementation is necessary to protect public health, safety and welfare. The city administrator or his/her designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this article. Unless otherwise specified by the city administrator, the city administrator’s primary designee is the public works director and the alternate designee is the city engineer.
(Ordinance 2018-O-528 adopted 6/14/18)
The city shall notify the executive director of the state commission on environmental quality and the LCRA general administrator in writing within five (5) business days of the implementation of any mandatory provisions of the drought contingency plan.
(Ordinance 2018-O-528 adopted 6/14/18)
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 2018-O-528 adopted 6/14/18)
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use.
Water use for ornamental or decorative purposes such as fountains, reflecting pools and water gardens.
Commercial and institutional water use.
Water use which is integral to the operations of commercial and nonprofit establishments and governmental entities such as retail establishments, hotels and motels, restaurants and office buildings.
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss 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.
Customer.
Any person, company or organization using water supplied by the city.
DCP.
Drought contingency plan.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, or sanitation, or for cleaning a residence, business, industry or institution.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8, and locations without addresses.
Industrial water use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value, including the development of power by means other than hydroelectric.
Landscape irrigation use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, parks, and rights-of-way and medians.
LCRA.
The Lower Colorado River Authority, or successor agency.
Livestock water use.
The use of water for the open-range watering of livestock, exotic livestock, game animals or fur-bearing animals. For purpose of this definition, the terms “livestock” and “exotic livestock” are to be used as defined in section 142.001 of the Texas Agriculture Code, as amended, and the terms “game animals” and “fur-bearing animals” are to be used as defined in section 63.001 and section 71.001, respectively, of the Parks and Wildlife Code, as amended.
Nonessential water use.
Water uses that are not essential nor required for the protection of public health, safety and welfare, including:
(1) 
Irrigation of landscaped areas, including public and private parks, athletic fields, and street right-of-way/medians, except as otherwise provided under this article;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants or flush valves for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
TAC.
Texas Administrative Code.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
A person may not:
(1) 
Fail to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet;
(2) 
Operate a permanently installed irrigation system with:
(A) 
A broken head;
(B) 
A head that is out of adjustment and the arc of the spray head is over a street or parking lot; or
(C) 
A head that is misting because of high water pressure; or
(3) 
During irrigation, allow water:
(A) 
To run off a property and form a stream of water in a street for a distance of 50 feet or greater; or
(B) 
To pond in a street or parking lot to a depth greater than one-quarter of an inch.
(b) 
Irrigation of apartment common areas shall comply with the following requirements, in conjunction with drought control measures:
(1) 
Hours.
Irrigation of common areas of apartments may only occur between the hours of 7:00 p.m. and 10:00 a.m. Irrigation of apartment common areas is allowed between the hours of 10:00 a.m. and 7:00 p.m. if irrigation of [with] reclaimed water during that time is necessary to meet LCRA regulation requirements.
(2) 
Exceptions.
The provision does not apply to the following:
(A) 
Hand watering.
(B) 
Irrigation of new lawns for a period of thirty days from planting or the date of installation.
(C) 
Irrigation by commercial gardens of licensed plant nurseries, provided the owner or licensee or his or her representative is personally on the premises at the time watering is taking place.
(D) 
Irrigation system testing after mowing to identify broken heads, after repairs to flush lines, to properly align sprinkler heads, or to locate a reported leak. A test run may not exceed two minutes and the individual conducting the test must be present to observe system performance.
(E) 
Syringing to cool down hot spots showing visible signs of stress. If syringing is performed by one station, syringing must be performed manually. On large irrigation projects, syringing may be performed by hand-held remote irrigation controllers or computerized central control for no more than three minutes, with the individual running the controllers present and observing the controllers while they are running.
(F) 
Landscape irrigation audits, where the application rate and efficiency of an irrigation system is being tested by aligning heads and placing cups across the turf area and the amount of water caught in the cups is measured. Testing run times of pop-up spray heads are limited to five minutes. Testing run times of impact and rotor heads are limited to fifteen minutes. The auditor performing the test must be present and must observe sprinkler performance.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
The city administrator or his/her designee shall monitor the water supply and/or demand conditions on a daily basis and shall determine when conditions warrant initiation or termination of each stage of the plan, that is, when the specified “triggers” are reached. Water supply conditions will be determined by the source of supply, system capacity, and weather conditions. Water demand will be measured by the peak daily demands on the system.
(b) 
The triggering criteria described below are based on information provided by the Lower Colorado River Authority and/or the City of Leander and are further based on known system capacity limits.
(c) 
Public notification of the initiation or termination of drought response stages shall be by a variety of ways; examples include bill inserts, e-mail and automated telephone calls, signs posted at entry points to the service area or a combination of these methods.
(d) 
Unless there is an immediate and extreme reduction in water production, or other absolute necessity to declare an emergency or severe condition, the city will initially declare stage 1 restrictions. If, after a reasonable period of time, demand is not reduced enough to alleviate outages, reduce the risk of outages, or comply with restrictions required by a court, government agency or other authority, stage 2 may be implemented with stage 3 and stage 4 to follow if necessary.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
Generally.
As the city’s limiting factor is water treatment capacity and water usage typically peaks during the summer months, stage 1 of the plan is in effect each year from May 1 through September 30. A reminder notice will be placed in the utility billing before May 1. Stage 1 follows a voluntary conservation measure to minimize the waste of water and reduce the peak demand on the water treatment and distribution system. Voluntary restrictions during stage 1 do not implement mandatory provisions of the plan. Notice(s) will be designed to increase customer awareness of water conservation and encourage the most efficient use of water. A copy of the current public announcement on water conservation awareness shall be kept on file and available for inspection by the TCEQ.
(b) 
Triggers.
Customers shall be requested to adhere to the stage 1 drought response measures when one or a combination of such triggering criteria occurs:
(1) 
Treatment capacity.
For surface water systems, when total daily water demand equals or exceeds 80 percent of the total operating system treatment capacity for three consecutive days, or 85 percent on a single day;
(2) 
Water supply.
Combined storage of Lakes Travis and Buchanan reaches 1.4 million acre-feet in accordance with the LCRA drought contingency plan for firm water customers (DCP).
(c) 
Reduction targets.
(1) 
System capacity reduction target.
Limit daily water demand to no more than 80% capacity for three days.
(2) 
Water supply reduction target.
Achieve a 5% reduction in water use.
(d) 
Voluntary water use restrictions.
(1) 
Supply management measures.
(A) 
The city will review system operations and identify ways to improve system efficiency and accountability.
(B) 
Actively promote drought-related issues and the need to conserve.
(2) 
Demand management measures.
(A) 
Ask customers to voluntarily comply with the water use restrictions outlined in stage 2 of this plan, including watering landscapes no more than twice per week.
(B) 
Water customers are requested to voluntarily limit the use of water for nonessential purposes and to practice water conservation.
(C) 
Water customers are reminded to follow the year-round water waste restrictions.
(D) 
Water customers are requested to take steps to reduce all nonessential uses of water.
(e) 
Wholesale water use restrictions.
(1) 
When the city is utilizing water from a wholesale supplier, and the wholesale supplier has declared stage 1 restrictions under the wholesale supplier’s drought contingency plan, additional water use restrictions, which are mandatory, will also apply.
(2) 
The city will contact wholesale treated water customers to discuss supply and demand conditions. The city will provide a limited supply of consumer information and materials on water conservation measures and practices to wholesale customers.
(f) 
Requirements for termination.
Stage 1 of the plan may be rescinded when:
(1) 
Treatment capacity.
The water treatment plant capacity condition listed above as a triggering event for stage 1 has ceased to exist for five consecutive days.
(2) 
Water supply.
The LCRA announces that voluntary restrictions by its firm raw water customers are no longer needed in accordance with the LCRA DCP.
(3) 
Notice.
Upon termination of stage 1, the city will publicly announce the termination to its customers and notify the LCRA. No notice to the TCEQ is required.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
Triggers.
Customers shall adhere to the stage 2 drought response measures when one or a combination of such triggering criteria occurs:
(1) 
Treatment capacity.
(A) 
For surface water systems, when total daily water demand equals or exceeds 93 percent of the total operating system treatment capacity for three consecutive days, or 95 percent on a single day; or
(B) 
Pump hours per day of 18 hours.
(2) 
Water supply.
Combined storage of Lakes Travis and Buchanan reaches 900,000 acre-feet in accordance with the LCRA DCP.
(b) 
Reduction targets.
(1) 
System capacity reduction target.
Limit daily water demand to no more than 80% capacity for three days or 85% for one day.
(2) 
Water supply reduction target.
Achieve a 10-20% reduction in water use and 17 pump hours per day.
(c) 
Mandatory water use restrictions.
(1) 
Supply management measures.
(A) 
Apply all water use restrictions prescribed for stage 2 of the plan for city utility owned facilities and properties.
(B) 
Discontinue water main and line flushing unless necessary for public health reasons.
(C) 
Keep customers informed about issues regarding current and projected water supply and demand conditions.
(D) 
Visually inspect lines and repair leaks on a regular basis.
(E) 
Conduct a monthly review of customer use records and follow up on any that have unusually high usage.
(2) 
Demand management measures.
Under threat of penalty, the following water use restrictions shall apply to all retail water customers:
(A) 
Irrigation of landscaped areas.
(i) 
If the combined water storage of Lakes Buchanan and Travis is less than 900,000 AF, irrigation of landscaped areas with hose-end sprinklers or in-ground irrigation systems shall be limited to a no more than the twice-weekly watering schedule shown in subsection (ii) below and based on the nature of the current drought or water emergency. Irrigation of recreational areas may apply for a variance but must still develop a schedule where no part of the landscape is watered more than twice per week.
(ii) 
Water schedule (twice a week for customers). Irrigation outdoors using an in-ground irrigation system or hose-end sprinkler only during the scheduled days and times as indicated below:
a. 
Odd-numbered residential addresses: Irrigate only on Wednesdays and Saturdays.
b. 
Even-numbered residential addresses: Irrigate only on Thursdays and Sundays.
c. 
Commercial and multifamily (including large landscapes such as HOA common areas): Irrigate only on Tuesdays and Fridays.
(iii) 
Outdoor watering hours are midnight to 10:00 a.m. and 7:00 p.m. to midnight on the designated days. This prohibition does not apply to irrigation of landscaped areas if it is by means of a hand-held hose or a faucet-filled bucket or watering can of five gallons or less.
(iv) 
New landscapes may be installed and revegetation seeding performed under these specific criteria:
a. 
A completed variance form for new landscapes has been submitted to the city and has been approved prior to the installation of the landscape or revegetation seed application. New building and development permits with associated landscape installations approved in connection with the permit are exempt from submitting a separate variance request, but must comply with applicable provisions of this article, including but not limited to subsection d. below which makes the variance effective for 30 days only.
b. 
Irrigation of the new landscape follows the schedule identified in the new landscape variance. The schedule will be developed to minimize water waste.
c. 
Areas being revegetated for soil stabilization must also comply with the specific criteria in subsections a. and b. above. Options for revegetation may be available in times of low water supply.
d. 
Variances for new landscapes may be issued for a period of no more than 30 days from the day of issuance. A variance is not an exemption from compliance with the permanent water use restrictions under section 13.07.009 of this plan. Variances will not be granted for seasonal “color beds” or temporary grass installation (over-seeding).
(B) 
Vehicle washing.
Use of water to wash any motor vehicle, such as a motorbike, boat, trailer, or airplane, is prohibited except on designated watering days between the hours of midnight and 10:00 a.m. and between 7:00 p.m. and midnight. Such activity, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shut-off nozzle. A vehicle may be washed any time at a commercial carwash facility or commercial service station. Further, this activity is exempt from these regulations if the health, safety, and welfare of the public are served by washing the vehicle, such as a truck used to collect garbage or used to transport food and perishables.
(C) 
Pools.
Use of water to refill, top off or add to any swimming pools, hot tubs or wading pools is prohibited except on designated watering days and hours with the exception of the initial filling of newly constructed pools.
(D) 
Refilling of public/community swimming pools is permitted only if the pool has been drained for repairs, maintenance, or replacement as outlined in items above.
(E) 
Outside water features.
Operation of outside water features, such as, but not limited to, fountains, splash pad type fountains or outdoor misting systems, is prohibited, except where such features are used to sustain aquatic life or maintain water quality. (This provision includes fountains associated with aesthetic ponds and swimming pools.)
(F) 
Ponds.
Ponds used for aesthetic, amenity, and/or stormwater purposes may maintain water levels only as necessary to preserve the integrity of the liner and operating system. City staff may request specific design documentation regarding a pond and the intended purpose.
(G) 
Golf courses receiving any amount of treated water from a city utility must develop a drought contingency plan that meets the minimum water reduction target set for stage 2.
(H) 
Events involving the use of water such as carwashes, festivals, parties, water slides, and other activities involving the use of water are permitted if the water being used drains to a recirculating device or onto a pervious surface to prevent water waste.
(I) 
Restaurants are encouraged to serve water to their patrons only upon request.
(J) 
Fire hydrants.
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed under special conditions and requires a meter; a variance application must be submitted with an explanation of the special conditions.
(K) 
Recreational areas (includes parks and athletic fields).
The areas can only be used for designated or scheduled events or activities. Unnecessary foot traffic must be discouraged. Watering must follow a no more than twice per week schedule. A variance can be obtained if watering cannot be completed on the designated two-day schedule.
(L) 
Water waste.
The following nonessential uses of water are prohibited at all times during periods in which restrictions have gone into effect:
(i) 
Washing sidewalks, walkways, driveways, parking lots, street, tennis courts, and other impervious surfaces is prohibited except for immediate health and safety;
(ii) 
Washing buildings, houses or structures with a pressure washer or garden hose is prohibited for aesthetic purposes but allowable for surface preparation of maintenance work to be performed;
(iii) 
Flushing gutters or flooding gutters is prohibited except for immediate health and safety;
(iv) 
Controlling dust is prohibited, unless there is a demonstrated need to do so for reasons of public health and safety, or as part of an approved construction plan; and
(v) 
Other uses that waste such running down the gutter are prohibited.
(d) 
Wholesale water use restrictions.
(1) 
When the city is utilizing water from a wholesale supplier, and the wholesale supplier has declared stage 2 restrictions under the wholesale supplier’s drought contingency plan, additional water use restrictions, which are mandatory, will also apply.
(2) 
The city will keep wholesale treated water customers informed about demand and current and projected supply conditions. The city will initiate discussions with wholesale treated water customers about potential curtailment and implementation of mandatory measures to reduce all nonessential water uses.
(e) 
Requirements for termination.
(1) 
Stage 2 of the plan may be rescinded when:
(A) 
Treatment capacity.
The water treatment plant capacity condition listed above as a triggering event for stage 2 has ceased to exist for five consecutive days.
(B) 
Water supply.
The LCRA announces that mandatory restrictions by its firm raw water customers are no longer needed in accordance with the LCRA DCP.
(2) 
Upon termination of stage 2, the city will publicly announce the termination to its customers and notify the LCRA. Notice to the TCEQ is required.
(3) 
Stage 1 becomes operative upon termination of stage 2.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
Triggers.
Customers shall adhere to the stage 3 drought response measures when one or a combination of such triggering criteria occurs:
(1) 
Treatment capacity.
(A) 
When total daily water demand equals or exceeds 95 percent of the total operating system treatment capacity for three consecutive days, or 97 percent on a single day; or
(B) 
Pump hours per day of 22 hours.
(2) 
Water supply.
(A) 
Combined storage of Lakes Travis and Buchanan reaches 600,000 acre-feet, in accordance with the LCRA DCP; or
(B) 
The LCRA board declares a drought worse than the drought of record or other water supply emergency and orders the mandatory curtailment of firm water supplies.
(b) 
Reduction targets.
(1) 
System capacity reduction target.
Limit daily water demand to no more than 80% capacity for three days or 85% for one day.
(2) 
Water supply reduction target.
Achieve a 20% reduction in water use and 17 pump hours per day.
(c) 
Mandatory water use restrictions.
(1) 
Supply management measures.
In addition to measures implemented in the preceding stages of the plan, affected city water utility systems will explore additional emergency water supply options.
(2) 
Demand management measures.
Under threat of penalty, all retail customers are required to further reduce nonessential water uses as follows. All requirements of stage 2 shall remain in effect during stage 3, with the following modifications and additions.
(A) 
Irrigation of landscaped areas.
(i) 
Irrigation of landscaped areas with hose-end sprinklers or in-ground irrigation systems shall be limited to no more than the once-weekly watering schedule shown in subsection (ii) below and based on the nature of the current drought or water emergency. Irrigation of recreational areas may apply for a variance but must still develop a schedule where no part of the landscape is watered more than once per week.
(ii) 
Water schedule (once a week for customers):
a. 
Odd-numbered residential addresses: Irrigate only on Wednesdays.
b. 
Even-numbered residential addresses: Irrigate only on Thursdays.
c. 
Commercial and multifamily (including large landscapes such as HOA common areas): Irrigate only on Tuesdays.
d. 
Outdoor watering hours are midnight to 10:00 a.m. and 7:00 p.m. to midnight on the designated days. This prohibition does not apply to irrigation of landscaped areas if it is by means of a hand-held hose or a faucet-filled bucket or watering can of five gallons or less.
(B) 
Vehicle washing.
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle is prohibited. A vehicle can be washed at any time at a commercial carwash facility or commercial service station that recycles its water. Further, this activity is exempt from these regulations if the health, safety, and welfare of the public are served by washing the vehicle, such as a truck used to collect garbage or used to transport food and perishables.
(C) 
Pools.
Use of water to refill, top off or add to any swimming pools, hot tubs or wading pools is prohibited except on designated watering days and hours with the exception of the initial filling of newly constructed pools. Public or community swimming pools may be exempt from this prohibition to maintain safe levels of water quality for human contact.
(D) 
Golf courses.
Golf courses receiving any amount of treated water from a city utility must develop a drought contingency plan in accordance with the city’s drought contingency plan and will implement its stage 3 mandatory restrictions in conjunction with the water provider.
(E) 
Events.
Events involving the use of water such as carwashes, festivals, parties, water slides, and other activities involving the use of water are prohibited.
(F) 
Recreational areas (includes parks and athletic fields).
The areas can only be used for designated or scheduled events or activities. Unnecessary foot traffic must be discouraged. Watering is prohibited except with a hand-held hose.
(d) 
Wholesale water use restrictions.
(1) 
When the city is utilizing water from a wholesale supplier, and the wholesale supplier has declared stage 3 restrictions under the wholesale supplier’s drought contingency plan, additional water use restrictions, which are mandatory, will also apply.
(2) 
The city will contact its wholesale treated water customers to initiate mandatory measures to control water demand and to ensure capacity for emergency response requirements. Mandatory measures will include the curtailment of nonessential water uses in accordance with the wholesale treated water customer’s own drought contingency plan.
(3) 
In addition, if the stage 3 triggering criteria is based on a water supply shortage, and the any wholesale provider has curtailed water on a pro rata basis, the city will initiate the curtailment of water provided to wholesale treated water customers on a pro rata basis, in accordance with the curtailment of the wholesale provider.
(e) 
Requirements for termination.
(1) 
Stage 3 of the plan may be rescinded when:
(A) 
Treatment capacity.
The water treatment plant capacity condition listed above as a triggering event for stage 3 has ceased to exist for five consecutive days.
(B) 
Water supply.
The LCRA announces that mandatory restrictions by its firm raw water customers are no longer needed in accordance with the LCRA DCP.
(2) 
Upon termination of stage 3, the city will publicly announce the termination to its customers and notify the LCRA. Notice to the TCEQ is required.
(3) 
Stage 2 becomes operative upon termination of stage 3.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
Implementation.
The city will implement stage 4 when any one of the selected triggers is reached.
(b) 
Triggers.
Customers shall adhere to the stage 4 drought response measures when one or a combination of the following triggering criteria occurs:
(1) 
Treatment capacity.
(A) 
Major water line breaks or pump system failures that cause substantial loss of ability to provide water service.
(B) 
When total daily water demands equal or exceed 100 percent of the total operating system treatment capacity.
(C) 
Pump hours per day of 24 hours.
(2) 
Water supply.
(A) 
Natural or manmade contamination of the water supply source; or
(B) 
Any other emergency water supply or demand conditions that the LCRA general administrator or the LCRA board determines that either constitutes a water supply emergency or is associated with the LCRA board declaration of a drought worse than the drought of record.
(c) 
Reduction targets.
Water use reduction target is less than or equal to 90% of treatment capacity and less than 22 pump hours per day.
(d) 
Mandatory water use restrictions.
Under threat of penalty for violation, all retail customers are required to reduce nonessential water uses during an emergency. All requirements of stages 1 through 3 are also in effect during stage 4, with the following modifications and additions:
(1) 
Irrigation of landscaped areas is prohibited.
(2) 
Use of water from fire hydrants shall be limited to firefighting and activities necessary to maintain public health, safety, and welfare only.
(3) 
No applications for new, additional, expanded, or larger water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved.
(e) 
Applicability.
Upon declaration of stage 4, emergency water conditions, water use restrictions outlined in stage 4 emergency response measures shall immediately apply.
(f) 
Wholesale water use restrictions.
(1) 
When the city is utilizing water from a wholesale supplier, and wholesale supplier has declared stage 4 restrictions under the wholesale supplier’s drought contingency plan, additional water use restrictions, which are mandatory, will also apply.
(2) 
All requirements of stage 3 shall remain in effect during stage 4. Additional measures may be added as needed.
(g) 
Utility measures.
The city shall visually inspect lines and repair leaks on a regular basis. Flushing is prohibited except for dead-end mains and only between the hours of 9:00 p.m. and 3:00 a.m. Emergency interconnects or alternative supply arrangements shall be initiated. All meters shall be read as often as necessary to insure compliance with this program for the benefit of all the customers.
(h) 
Requirements for termination.
(1) 
Stage 4 of the plan may be rescinded when:
(A) 
Treatment capacity.
The water treatment plant capacity condition listed above as a triggering event for stage 4 has ceased to exist for five consecutive days; or
(B) 
Water supply.
LCRA announces that mandatory water restrictions for firm water customers are no longer required in accordance with the LCRA DCP.
(2) 
Upon termination of stage 4, the city will publicly announce the termination to its customers and notify the LCRA. Notice to the TCEQ is required.
(3) 
Stage 3 becomes operative upon termination of stage 4.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
Compliance.
No person or entity 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 article, 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 administrator, or his/her designee, in accordance with provisions of this plan.
(b) 
Administrative violation procedures.
(1) 
Penalties.
Except as otherwise stated herein, each violation of this plan may be enforced as an administrative violation pursuant to the following:
Violation
Residential Customer
Commercial Customer
First offense
Courtesy warning
Courtesy warning
Second offense
$50.00
$200.00
Third offense
$100.00
$400.00
Fourth and subsequent offense(s)
$200.00
$1,000.00
(2) 
Notice of first offense.
If the city administrator or a designee reasonably believes that a person or entity has violated this plan, then a notice of first offense shall be in writing and include the name and address of the alleged offender, a location and description of the alleged offense and a description of the administrative fees for subsequent violations. This notice will be mailed to the alleged offender’s utility billing address.
(3) 
Notice of second and/or subsequent offense.
If the city administrator or a designee reasonably believes that a person or entity has violated this plan again subsequent to and within a 12-month period immediately following the date of the preceding offense, then a notice of second offense [will be mailed] containing the same information as described in the preceding subsection and a description of the administrative fee for the offense. This notice will be mailed to the alleged offender’s utility billing address.
(4) 
Appeal of administrative offense.
(A) 
An alleged offender may appeal an administrative offense as set forth in this article. They request of an appeal shall not suspend or delay an alleged offender’s obligation to pay current outstanding utility or administrative fees. Upon successful appeal of an offense, the city will refund administrative fees paid by the alleged offender.
(B) 
At the designee’s discretion an appeal or final review hearing may be conducted by a scheduled telephone conference involving the alleged offender, pertinent city staff, and testifying witnesses. Prior to any telephone conference, each testifying witness’s name, address, telephone number, and relationship to the alleged offender shall be submitted to the city administrator, along with any or [other] supporting documentation or physical evidence to be considered during the conference. Any unidentified witness or supporting documents and evidence shall be considered during an appeal conference or meeting.
(C) 
Within fifteen (15) business days of the date of the notice of offense, an alleged offender may appeal the administrative offense and fee by submitting a written request to the city administrator or his designee. Within 15 business days of the receipt of such request, the city administrator or his designee shall appoint one or more pertinent hearing officers and schedule an appeal hearing or telephone conference. At the appeal hearing, the alleged offender may present relevant evidence and bear the burden of proof to show by a preponderance of the evidence why he or she should not be held in violation or assessed a fee. The hearing officers shall consider all relevant evidence as presented and render a decision within five (5) business days of the conclusion of the appeal hearing. A copy of the decision shall be mailed to the alleged offender’s utility billing address.
(D) 
An alleged offender may appeal the hearing decision by submitting a written request to the city administrator within five (5) business days of their receipt of the decision. Within five (5) business days of receiving a timely appeal, the city administrator or designee shall conduct a final review hearing. At this hearing, the alleged offender may present relevant evidence as described in the preceding subsection. The city administrator or designee shall consider relevant evidence and render a written decision within five (5) business days of the conclusion of the final review hearing. A copy of the decision shall be mailed to the alleged offender’s utility billing address. The final review hearing decision is final and binding.
(E) 
Should the alleged offender fail to attend a scheduled appeal, it is their responsibility to contact the designee within five working days of the scheduled date of the appeal. Failure to do so or to attend the rescheduled appeal for any reason shall constitute a default, render final the administrative offense and associated fee, and further waive the offender’s right to an appeal.
(5) 
Notices.
All notices regarding alleged administrative offenses, including, without limitation, notices of offenses, appeal hearing and final review hearing decisions, shall be in writing and forwarded to the alleged offender via first class mail and/or certified mail, return receipt requested, to the alleged offender’s current utility billing address. All notices delivered in this manner shall be deemed as received by the alleged offender within five (5) days of the mailing’s postmark.
(6) 
Enforcement as criminal violation.
Alternatively and at the city administrator’s discretion, any violation of this article may be enforced as a criminal violation in accordance with subsection (c) below.
(c) 
Criminal penalty.
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the mandatory requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(d) 
Termination of water service; reconnection charge.
The city administrator or his/her designee shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur in accordance with this section. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at $1,000.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the plan is in effect. Compliance with this article may also be sought through injunctive relief in the district court.
(1) 
Emergency termination.
If an officer charged with enforcement of this article determines that a violation of this article constitutes an immediate threat to the public health, safety and welfare, and the owner, occupant, or person in control of the property (the “responsible party”) is absent or fails to immediately remedy the violation, the officer may terminate water services to such property. The city administrator shall hold a hearing within 72 hours after termination of service to determine whether the responsible party violated this article, unless a later hearing date is requested by the responsible party or the responsible party is unable to be located, in which case the hearing shall be held as soon as possible. Promptly after terminating service, the officer charged with enforcement of this article shall give the responsible party written notice of the termination and hearing in compliance with TAC, title 30, section 291.88(b), by personal delivery or posting notice of the hearing on or near the front door of each building on the property. If it is determined at the hearing that the responsible party did not violate this article, the responsible party’s utilities shall be immediately reconnected without charge to the responsible party.
(2) 
Nonemergency termination.
An officer charged with enforcement of this article who determines that a violation of this article is present may seek termination of water service to the property at which the violation is present after notice and hearing as provided in this subsection. The officer charged with enforcement of this article shall give written notice of the violation of this article to the responsible party and the requirement that the violation be remedied within ten (10) days or water service will be disconnected, such notice to comply with TAC, title 30, section 291.88(a). If the responsible party fails to remedy the violation within the time specified in the notice, the officer charged with enforcement of this article may terminate water service. The responsible party may request a hearing by the city administrator regarding termination of service. Written notice of the time and date of the hearing shall be given to the responsible party at least ten days before the hearing date. Notices required by this subsection shall be delivered to the responsible party by in-person service, [or] by letter addressed to the responsible party at his/her post office address.
(3) 
Determination at hearing; appeals.
If the city administrator determines at a hearing held under subsection (1) or (2) above that the responsible party did not violate this article, the responsible party’s utilities shall be immediately reconnected without charge to the responsible party. If it is determined that the responsible party violated this article, as appropriate, water service shall not be reconnected until the responsible party remedies the violation of this article and pays all required reconnection fees. The city administrator’s decision may be appealed to the city council in writing within ten days of the city administrator’s decision.
(e) 
Responsibility for violation.
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 article and that the parent could not have reasonably known of the violation.
(Ordinance 2018-O-528 adopted 6/14/18)
(a) 
The city administrator or his designee may grant variances:
(1) 
From specific applications of the outdoor water schedule, providing that the variances do not increase the time allowed for watering but rather alter the schedule for watering; and
(2) 
Allowing the use of alternative water sources (i.e., groundwater, reclaimed wastewater) that do not increase demand on potable water sources for outdoor use. Variance requests may be submitted to staff and need not meet the requirements of subsection (b) below.
(b) 
The city administrator 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:
(1) 
Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect.
(2) 
Alternative methods can be implemented which will achieve the same level of reduction in water use.
(c) 
Persons requesting an exemption from the provisions of this article shall file a petition for variance with the city within 5 working days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city administrator, 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 the plan;
(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 compliance date; and
(8) 
Other pertinent information.
(d) 
Variances granted by the city shall be subject to the following conditions, unless waived or modified by the city administrator or his/her designee:
(1) 
Variances granted shall include a timetable for compliance.
(2) 
Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(e) 
No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(Ordinance 2018-O-528 adopted 6/14/18)