The water conservation and drought contingency and emergency
water management plans outline the city's water conservation and emergency
water demand management efforts. These efforts consist of two plans:
(1) a water conservation plan; and (2) a drought contingency and emergency
water management plan. The objective of these plans is to reduce the
quantity required for each water using activity, insofar as is practical,
through the implementation of efficient water practices. The plans
also provide procedures for voluntary and mandatory actions to be
put in place upon the city's water supply system during a drought
or water emergency. The city will revise these plans as needed to
meet objectives requested by the Texas Commission on Environmental
Quality, regional water planning groups, the City of Fort Worth and
to meet the goals stated in these plans. The plans established in
this division shall be administered by the director of neighborhood
services of the city or his/her duly appointed representative ("director").
[Ord. No. 1280-14, § 2, 8-5-2014]
The city has adopted a water conservation plan which is on file
and available for inspection at the city secretary's office. The water
conservation plan may be amended from time to time by adopting an
ordinance amending the plan.
[Ord. No. 1280-14, § 2, 8-5-2014]
(a)
The
city has adopted a drought contingency and emergency water management
plan which is on file and available for inspection at the city secretary'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)
Purpose
and scope.
The purpose of this section is to establish
the city's policy in the event of shortages or delivery limitations
in the city's water supply and to establish water restrictions to
be enforced in case of drought or emergency conditions. This section
applies to:
(c)
Authority.
The director is authorized to implement measures prescribed
when required by this section and by the drought contingency and emergency
water management plan approved by the city council. The director is
authorized to enforce the measures implemented and to promulgate regulations,
not in conflict with this section, the plan or state and federal laws,
in aid of enforcement.
(d)
Initiation
of plan stages.
The director 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:
(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 were triggered unless the director determines that conditions exist that will allow termination of the stage before September 30. When conditions change, the director may terminate, upgrade or downgrade the stage. Any such change must be made in the same manner prescribed in subsection (d).
(f)
Violation
of section.
A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the director as prescribed in the 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 measures implemented if the mandatory measures have been formally ordered consistent with the terms of subsection (d) 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 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 director.
(g)
Penalties/enforcement
of violations.
Any person who is convicted of violating,
disobeying, omitting, neglecting or refusing to comply with a measure
implemented in accordance with this section and 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. Any person who is convicted of violating, disobeying, omitting,
neglecting or refusing to comply with a measure implemented in accordance
with this section and the drought contingency and emergency water
management plan may be fined not more than $2,000.00 for each subsequent
offense. In addition, the following penalties shall apply:
(1)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a measure implemented in accordance with
this section and stage 1 of the plan as a second offense, shall be
fined not less than $100.00.
(2)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a measure implemented in accordance with
this section and stage 2 of the plan as a second offense, shall be
fined not less than $250.00.
(3)
A person who is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a measure implemented in accordance with
this section and stage 3 of the plan as a second offense, shall be
fined not less than $500.00.
(4)
If a person is convicted of violating, disobeying, omitting, neglecting
or refusing to comply with a measure implemented in accordance with
this section and the plan as a third offense, the director may either:
(h)
Wholesale
service to customers outside the city.
The director shall
advise customers receiving wholesale water service from the city of
actions taken under the drought contingency and emergency water plan.
The director may restrict service to customers outside the city as
permitted under the contract and state law.
(i)
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 to seek emergency relief under the provisions of any state
or federal Disaster Relief Act.
(j)
Variances.
During the times the emergency order is operative, the director
may grant variances only under the following circumstances and conditions:
(1)
The applicant signs a compliance agreement on a form provided by
the director, 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.
(k)
Revocation
of variances.
The director may revoke a variance when
he or she determines that:
(l)
Appeal.
Denial or revocation of a variance by the director may be appealed
to the city manager by filing a written notice of appeal with the
city manager within ten days after issuance of the director's decision.
The city manager's decision shall be final.
[Ord. No. 1280-14, § 2, 8-5-2014]
