(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 non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in section 13.08.039 of this plan.
(Ordinance 370, att. A, sec. I,
adopted 2/15/01)
(a)
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 measures
to be implemented in each stage. This information will be provided
by the water department office through ongoing programs designed to
reach a wide variety of customers. These ongoing programs include
public outreach to schools, civic groups, and other adult and child
groups. The water department office will distribute conservation and
drought response brochures, and provide them to the general public
at the water department and at public libraries. The water department
will also use the city website when available to educate the public
on conservation and drought response, as well as other topics affecting
water use practices.
(b)
At any time this plan is initiated or terminated, the water department
director or his/her designee shall notify the public by means of publication
in a newspaper of general circulation, publication on the city’s
website, signs posted in public places, and take-home fliers at schools.
Additionally, the water department director or his/her designee shall
directly notify the mayor and members of the city council, the fire
chief, the police chief, major water users, and any critical water
users (i.e., hospitals).
(Ordinance 370, att. A, sec. II,
adopted 2/15/01)
The service area of the city is located within the Region C
water planning group. A copy of the plan has been submitted to the
Region C Group. Because the water supply is provided by Tarrant Regional
Water District (TRWD), a copy of the plan has been provided to them
as well.
(Ordinance 370, att. A, sec. III,
adopted 2/15/01)
The city administrator or his/her designee is hereby authorized
and directed to implement the applicable provisions of this plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The mayor or his/her designee shall have
the authority to initiate or terminate drought or other water supply
emergency response measures as described in this plan.
(Ordinance 370, att. A, sec. IV,
adopted 2/15/01)
The provisions of this plan shall apply to all persons, customers,
and property utilizing water provided retail by the city. The terms “person”
and “customer” as used in the plan include individuals,
corporations, partnerships, associations, and all other legal entities.
(Ordinance 370, att. A, sec. V,
adopted 2/15/01)
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.
The city administrator of the City of Sansom Park or his/her
duly authorized designee.
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.
The water department director or his/her duly authorized
designee responsible for the city’s water.
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.
Is generally a lack of adequate water to supply needs or
replenish supplies used.
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.
The mayor of the City of Sansom Park or his/her duly authorized
designee.
Water uses that are not essential nor required for the protection
of public health, safety, and welfare, including:
Irrigation of landscape areas, including parks, athletic fields,
and golf courses, except as otherwise provided by 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.
Any person, entity, firm, partnership, association, corporation,
company or organization of any kind.
Limits the amount of water that can be used.
Limit how and when water may be used.
Water taken from any city public water supply or distribution
system, potable or nonpotable, and means either raw or potable water
delivered to all water connections served by the city whether in the
city limits or outside the city limits.
(Ordinance 370, att. A, sec. VI,
adopted 2/15/01)
(a)
Monitoring.
All relevant components of the city water
system will be monitored to ensure timely response to water situations.
The TRWD will monitor water supply and raw water delivery trends and
potential system constraints. The director of the city water department
will monitor supply, treatment and distribution system trends and
potential complaints [constraints]. Should trends show that any system
is approaching trigger levels, more detailed monitoring will be implemented.
At a minimum, during noncritical water supply periods, the monitoring
and trending will take place monthly. During critical water supply
periods, the monitoring and trending will take place at least weekly,
and may be monitored even more frequently.
(b)
Initiation of drought response.
When emergency or trigger conditions occur, the director of the water department or his/her designee shall make recommendations to the mayor of the appropriate stage of the plan to order. The mayor shall have the authority to initiate or terminate the appropriate drought response stage. Notification of the public will occur as set forth in section 13.08.032(b) above.
(c)
Factors in decision.
Meeting or exceeding one or more
trigger conditions will be sufficient cause to initiate a corresponding
plan stage. The director of the water department or his designee may
recommend that a stage not be initiated under these circumstances.
Factors which may influence the recommendation and the mayor’s
decision include, but are not limited to, the time of the year, weather
conditions, anticipation of replenished water supplies, or anticipation
that facilities will be placed on-line to serve demand.
(d)
Notification of TCEQ.
The city will notify the executive
director of the state commission on environmental quality (TCEQ) within
5 business days of the implementation of any mandatory provisions
of the emergency water management plan.
(e)
Termination of drought response.
Termination of the drought measure will be announced and the public notified as set forth in section 13.08.032(b) above when the trigger conditions that initiated the drought measures have subsided, and an emergency situation no longer exists.
(Ordinance 370, att. A, sec. VII,
adopted 2/15/01)
(a)
Stage 1: Water awareness.
(1)
Triggering criteria.
(A)
Water storage in TRWD West Fork reservoirs is projected to decline
to less than 295,670 acre-feet (50% of capacity) within 2 weeks, based
upon projected water demands and inflows;
(B)
Water storage in the TRWD reservoirs has declined to 1,426,752 acre-feet
(60% of capacity);
(C)
Demand for Sansom Park or TRWD exceeds 90% of deliverable capacity
for 3 consecutive days; or
(D)
Water demand approaches a reduced delivery capacity for all or part
of the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Water customers requested to voluntarily reduce water use, to practice
water conservation and to minimize water use for non-essential purposes.
(B)
Accelerate public information efforts to teach and encourage reduced
water use.
(C)
Staff will begin review of the problems that initiated Stage 1 actions.
(D)
Notify major water users and request voluntary water use reduction.
(E)
Prohibit city government use of water for street washing, vehicle
washing, operation of ornamental fountains and all other nonessential
use.
(F)
Request voluntary reduction in landscape watering by city government.
(G)
Request voluntary limitation in landscape watering between 10 a.m.
and 7 p.m.
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Voluntary measures will remain in effect until the conditions
that triggered Stage 1 have been alleviated. If Stage 1 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30 or until the mayor determines that these
measures are no longer required.
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(b)
Stage 2: Water watch.
(1)
Triggering criteria.
(A)
TRWD demands exceed East Texas delivery system capacity for a 24-hour
period;
(B)
Water storage in TRWD reservoirs has declined to 50% of capacity;
(C)
Demand exceeds 95% of deliverable capacity for 2 consecutive days;
or
(D)
Water demand equals a reduced delivery capacity for all or part of
the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Initiate engineering studies to evaluate alternatives should conditions
worsen.
(B)
Continue public information efforts regarding water supply conditions
and conservation efforts.
(C)
Begin mandatory water use restrictions as follows:
(i)
Prohibit hosing off of sidewalks, driveways, parking lots, paved
areas, or other hard-surfaced areas;
(ii)
Prohibit wash-down of buildings, windows or structures, other
than for fire protection;
(iii)
Operation of ornamental fountains;
(iv)
Washing or rinsing of vehicles;
(v)
Flushing of gutters;
(vi)
Using water in such a manner as to allow runoff or other water
waste.
(D)
Limit landscaping watering at each service address to once every
five days based on the last digit of the address per the schedule
below:
|
Last Digit of Address
|
Allowed Water Dates
|
|---|---|
|
0 or 5
|
5th, 10th, 15th, 20th, 25th, 30th
|
|
1 or 6
|
1st, 6th, 11th, 16th, 21st, 26th
|
|
2 or 7
|
2nd, 7th, 12th, 22nd, 27th
|
|
3 or 8
|
3rd, 8th, 13th, 18th, 23rd, 28th
|
|
4 or 9
|
4th, 9th, 14th, 19th, 24th, 29th
|
(i)
No watering will be allowed on the 31st.
(ii)
Require the public not to water between the hours of 10:00 a.m.
to 7:00 p.m. for efficient use of irrigation water.
(iii)
The lowest address number will identify apartments, office building
complexes or other property containing multiple addresses. Where there
are no numbers, a number will be assigned by the water department
office. These restrictions also apply to government facilities.
(iv)
Exceptions: Foundations, azaleas, and new plantings (first year)
of trees and shrubs may be watered with a hand-held or soaker hose
on any day for up to two hours; nurseries may water plant stock only
without restrictions; public gardens may water without restrictions.
Hand-held watering by hose with automatic shut-off valve or by bucket
may be done on any day. Restrictions do not apply to any location
using groundwater or wastewater effluent for irrigation.
(E)
Require a reduction by local governments of non-essential water use
and a reduction in landscape watering.
(F)
Encourage the public to wait until the emergency water situation
has passed to establish new landscaping.
(G)
Prohibit draining and refilling of existing pools and filling of
new pools. Existing commercial, public and private swimming pools
that are filled may add water to replace that lost during daily use.
All initiated measures will remain in effect until the conditions
that triggered Stage 2 have been alleviated. If Stage 2 initiated
because of excessive demands, all initiated actions will remain in
effect through September 30 or until the mayor determines that these
measures are no longer required.
(c)
Stage 3: Water warning.
(1)
Triggering criteria.
(A)
Water storage in TRWD reservoirs has declined to 25% of capacity;
(B)
Demand exceeds 95% of deliverable capacity for 5 consecutive days;
or
(C)
Water demand exceeds a reduced delivery capacity for all or part
of the system due to supply or production capacity limitations, including
contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Implement recommended engineering alternatives.
(B)
Continue implementation of all restrictions from previous stages.
(C)
Prohibit residential or commercial landscape watering and car washing
between the hours of 10 a.m. and 7 p.m.
(D)
Foundations, shrubs, and trees may be watered with a soaker or hand-held hose on the same five-day rotational basis as landscapes (set forth in subsection (b)(2)(D) of this section) for up to two hours.
(E)
Public gardens may water, but not between the hours of 10 a.m. and
7 p.m.
(F)
Nurseries may water plant stock, but not between the hours of 10
a.m. and 7 p.m.
(G)
No new landscaping may be established during this period.
(H)
No refilling of private pools. Commercial and public pools may refill.
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All initiated actions will remain in effect until the conditions
that triggered Stage 3 have been alleviated. If Stage 3 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30 or until the mayor determines that these
measures are no longer required.
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(d)
Stage 4: Water emergency.
(1)
Triggering criteria.
(A)
Water storage in TRWD reservoirs has declined to 20% of capacity;
(B)
Demand exceeds 100% of deliverable capacity for 2 consecutive days;
or
(C)
Water demand seriously exceeds a reduced delivery capacity for all
or part of the system due to supply or production capacity limitations,
including contamination of the system.
(2)
Actions available.
(Applied locally or to all customers,
as necessary; some or all may be initiated.)
(A)
Continue implementation of all restrictions from previous stages.
(B)
Prohibit residential and commercial landscape watering, with the
following exceptions:
(i)
Nurseries’ plant stock may be watered, but not between the hours of 10 a.m. and 7 p.m. All watering must adhere to the 5-day landscape watering schedule of subsection (b)(2)(D) of this section.
(ii)
Public gardens may water, but not between the hours of 10 a.m. and 7 p.m. All watering must adhere to the 5-day landscape watering schedule of subsection (b)(2)(D) of this section.
(iii)
Foundations may be watered for a two-hour period, but not between the hours of 10 a.m. and 7 p.m. All watering must adhere to the 5-day landscape watering schedule of subsection (b)(2)(D) of this section, and must be done with a soaker hose or a hand-held hose with an automatic shut-off valve.
(iv)
Any location using groundwater or wastewater effluent for irrigation.
(C)
Any and all washing of vehicles is prohibited, except vehicles that
need to be washed for health, sanitation, or safety reasons, such
as food carriers. Any vehicle washing must occur at a commercial carwash
or commercial service station with a recirculating water system.
(D)
No new landscaping may be established during this period.
(E)
No refilling of private pools. Commercial and public pools may refill
water lost to normal daily use.
(F)
All commercial water uses may be required to reduce water consumption
by a percentage determined by the mayor.
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All initiated actions will remain in effect until the conditions
that triggered Stage 4 have been alleviated. If Stage 4 is initiated
because of excessive demands, all initiated actions will remain in
effect through September 30 or until the mayor determines that these
measures are no longer required.
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(Ordinance 370, att. A, sec. VIII,
adopted 2/15/01)
(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 provisions
of this plan, or an amount in excess of that permitted by the drought
response stage in effect at the time pursuant to action taken by the
mayor, or his/her designee, in accordance with provisions of this
plan.
(b)
Any person who violates this plan is guilty of a misdemeanor. 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 administrator shall,
upon due notice to the customer, be authorized to discontinue water
service to the premises where the violations occur. Services discontinued
under such circumstances shall be restored only upon payment of a
reconnection charge and any other costs incurred by the city in discontinuing
service. In addition, suitable assurance must be given to the city
administrator that the same action will 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 the 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 reputable [rebuttable] presumption that the person in apparent control
of the property committed the violation, but any such person shall
have the right to show 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 the property within the parent’s control shall constitute
a rebuttable presumption that the parent committed the violation,
but any such parent may be excused if he/she proves that he/she had
previously directed the child not to use the water as it was used
in violation of this plan and that the parent could not have reasonably
known of the violation.
(d)
Any employee of the city, police officer, or other employee designated
by the mayor may issue a citation to a person he/she reasonably believes
to be in violation of this plan. The citation shall be prepared in
duplicate and shall contain the name and address of the alleged violator,
if known, and the offense charged, and shall direct him/her to appear
in the municipal court, on the date shown on the citation.
(Ordinance 370, att. A, sec. IX,
adopted 2/15/01)
(a)
Any person who maintains or uses a private water well for other than
domestic water use (such as landscape irrigation) is exempt from the
requirements, restrictions and limitations of the water management
stages of this plan. Individuals with private water wells are, however,
encouraged by the city to abide by the plan and its water conservation
goals in order to protect long-term water supplies.
(b)
At any time this plan is initiated, to be entitled to such exemption,
any such person shall be required to post notice of such private water
well use. Each person shall pay for an appropriate sign, which will
be provided by the city, indicating a private water well supply. The
sign shall be placed in the yard in close proximity to the city’s
water meter indicating private water well use until such time as the
plan has been terminated.
(c)
Private well owners must register their well and type of well with
the city inspection department.
(d)
Failure to post the required sign or to register any private well
during Stage 2 through Stage 4 water management stages shall result
in the loss of the exemption from the landscaping water requirements.
(Ordinance 370, att. A, sec. X,
adopted 2/15/01)
(a)
The director of the water department, or his 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 plan
shall file a petition for variance with the city within 5 days after
the plan for a particular drought response stage has been invoked.
All petitions for variances shall be reviewed by the director of the
water department, or his designee, and shall include the following:
(1)
Name and address of the petitioner(s).
(2)
Purpose of water use.
(3)
Specific provision(s) of the plan from which the petitioner is requesting
relief.
(4)
Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner
or others if the petitioner complies with this 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
the compliance date.
(8)
Other pertinent information.
(c)
Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the director of the water department:
(d)
No variance shall be retroactive or otherwise justify any violation
of the plan occurring prior to the issuance of the variance.
(Ordinance 370, att. A, sec. XI,
adopted 2/15/01)
“Water wasting” means to permit or cause water flow,
spray, or otherwise move or discharge water from the premises to or
upon the street, alley, or public right-of-way, ditch or drain, or
failing to repair a leak in a private plumbing system or in an irrigation
system within five (5) working days of the discovery or notification
of such. Any violation of this section is punishable as set forth
in the penalty clause of this article.
(Ordinance 370, att. A, sec. XII,
adopted 2/15/01)
