(a) Year-round
application of ground water for landscape purposes by means of automatic
or manual irrigation systems is allowed any day of the week before
10:00 a.m. or after 8:00 p.m. Hand watering with a hand-held hose,
soaker hose, drip irrigation system or bucket is allowed at any time
during a day.
(b) All
sprinkler systems installed or reworked after the effective date of
this section shall be equipped with rain sensors to prevent the systems
from operating during periods of rain. All sprinkler systems existing
prior to the effective date of this section shall have rain sensors
installed on them no later than December 31, 2007. Automatic watering
during allowed hours but in periods of rain is prohibited.
(c) Automatic
or hand watering during allowed hours in amounts sufficient to run
into the streets and alleys is prohibited.
(d) Washing
of impervious cover such as parking lots, driveways, streets or sidewalks
is allowed on any day at any time, but should be done to avoid excessive
run-off.
(e) Non-commercial
washing of vehicles is allowed on any day at any time, but should
be done to avoid excessive run-off.
(f) The
use of commercial vehicle wash facilities is allowed on any day at
any time.
(g) Any
resident, person or business found to be violating the hours of irrigation,
irrigating during rainfall or allowing water to run into the streets
and alleys shall be notified of the first and subsequent observed
violation by means of a letter from the public works department, said
letter to be deposited in the United States Mail, postage prepaid
and addressed to the resident, person or business at their last known
address. The letter shall explain the rules and direct that the violations
cease.
(h) The
rules for groundwater use reduction during any stage of declared groundwater
water use restrictions supersede the stated hours noted in paragraph
19-50(a).
(Ordinance 1679 adopted 10/23/2006; Ordinance 1992 adopted 4/28/2014)
(a) Definitions.
The following words and terms,
when used in this document, shall have the following meanings unless
the context clearly indicates otherwise:
2.1 Aesthetic use.
The use of water for
fountains, waterfalls, landscapes, lakes and ponds where such use
is entirely ornamental and serves no other functional purpose.
2.2 Agricultural irrigation.
Irrigation
for the purpose of growing crops commercially for human consumption
or to use as feed for livestock or poultry.
2.3 Athletic field.
A sports play field
used primarily for organized sports for schools, professional sports
or sanctioned league play whose essential feature is a grass turf.
2.4 Authority.
The Edwards Aquifer Authority.
2.5 Beneficial use.
The use of the amount
of water that is economically necessary for a purpose authorized by
law, when reasonable intelligence and reasonable diligence are used
in applying the water to that purpose.
2.6 Bucket.
Bucket, watering can or other
container holding five (5) gallons or less, used singly by one (1)
person.
2.7 Computer controlled irrigation system (C.C.I.S.).
A system comprised of a computer controller (digital
operating system), software, interface modules, satellite field controllers,
soil sensors, weather station, or similar devices which is capable
of achieving maximum efficiency and conservation in the application
of water for irrigation. A CCIS, at a minimum, should be designed
to: i) prevent over watering, flooding, pooling, evaporation and run-off;
and, ii) prohibit sprinkler heads from applying water at an intake
rate exceeding the capability of the soil.
2.8 Connection.
Metered or un-metered delivery
point to a customer or other receiver of water from an organized water
distribution system.
2.9 Conservation.
Those practices, techniques
and technologies that will 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 water supply
is made available for future or alternative uses.
2.10 Day.
A twenty-four (24) hour period
beginning at midnight.
2.11 Discretionary use.
Any use of groundwater
that is not an essential use (compare with "essential use").
2.12 Domestic or livestock.
The use of groundwater
for:
a. Drinking, washing, or culinary purposes in the ordinary course of
running a household;
b. Irrigation of a family garden or orchard the produce of which is
for household consumption only; or
2.13 Drip irrigation.
An automatic water-saver
irrigation system (drip, porous pipe, etc.).
2.14 Drought.
A period of shortage of precipitation
of seasonal or longer duration.
2.15 Edwards Aquifer.
That portion of a
belt of porous water-bearing limestone composed of the Edwards Group
Limestone and Associated Formations trending from west to east to
northeast through Kinney, Uvalde, Medina, Bexar, Comal and Hays counties.
2.16 Essential use.
A use of groundwater
for:
a. The protection of public health, safety, or welfare, including but
not limited to use for drinking, food preparation, personal hygiene,
public sanitation, control or prevention of disease, and fire fighting;
or
b. An industrial use or agricultural or military activity which directly
supports gainful employment, unless the use is specifically defined
in these rules as a discretionary use; or
c. Irrigation use (see 2.24); or
d. Domestic or livestock use; or
e. Compliance with state or federal laws.
2.17 Existing facility.
A swimming pool,
hot tub or any similar facility, including residential, public and
private facilities, installed during any period for which a drought
has not been declared or during a drought stage which has been rescinded.
This term does not include pools specifically maintained to provide
habitat for aquatic life.
2.18 Existing landscaping plant.
A landscaping
plant existing in an area after such period of time as to accomplish
an establishment and maintenance of growth.
2.19 Groundwater.
Water within or produced,
obtained, or originating from the Edwards Aquifer. Re-circulated water,
reclaimed water, reused water, gray water or treated effluent are
specifically excluded from this definition.
2.20 Hand-held hose.
A hose attended by
one (1) person, fitted with a manual or automatic shutoff nozzle.
2.21 Household use.
The use of water, other
than uses in the outdoor category, for personal needs or for household
purposes, such as drinking, bathing, heating, cooking, sanitation
or cleaning, whether the use occurs in a residence or in a commercial
or industrial facility.
2.22 Impervious surface area.
Any horizontal
structure such as any street, driveway, sidewalk, patio or other surface
area covered with brick, paving, tile or other impervious material.
2.23 Industrial use.
The use of groundwater
for or in connection with commercial or industrial activities, including,
but not limited to, manufacturing, bottling, brewing, food processing,
scientific research and technology, recycling, production of concrete
and asphalt, commercial uses of groundwater for tourism, entertainment,
and hotel or motel lodging, generation of power other than hydroelectric,
and other business activities.
2.24 Irrigation use.
The use of water for
the irrigation of pastures and commercial crops, including orchards.
2.25 Landscape plant.
Any plant, including,
but not limited to, any tree, shrub, vine, herb, flower, succulent,
ground cover or grass species, that grows or has been planted out-of-doors
and is used for landscaping purposes or for the support of intensive
recreational areas such as playgrounds and playing fields.
2.26 Landscape watering.
The application
of groundwater to grow or maintain plants such as flowers, ground
covers, turf or grasses, shrubs, and trees, but for purposes of these
rules such watering does not include:
a. Essential use without waste of groundwater by a commercial nursery
to the extent the water is used for production rather than decorative
landscaping.
b. Application of groundwater without waste to a non-commercial family
garden or orchard, the produce of which is for household consumption
only; and
c. Application of groundwater between 12:01 a.m. and 10:00 a.m. and
between 8:00 p.m. and 11:59 p.m. by means of a bucket (not to exceed
five (5) gallons in capacity), hand held hose, or properly-installed
drip irrigation system, immediately next to a concrete foundation
solely for the purpose of preventing, and to the extent the watering
is necessary to prevent, substantial damage to the foundation or the
structure caused by movement of the foundation.
2.27 Livestock.
Animals, beasts, or poultry
collected or raised for pleasure, recreational use, or commercial
use. The term includes but is not limited to cattle, sheep, goats,
swine, horses, chickens, turkeys, and zoo animals.
2.28 MSL.
Elevation above mean sea level.
2.29 New facility.
A swimming pool, hot
tub or any similar facility, including residential, public and private
facilities, installed during any current critical period stage. When
the stage is rescinded, such new facility will be treated thereafter
as an existing facility. This term does not include pools specifically
maintained to provide habitat for aquatic life.
2.30 New landscaping plant.
Any plant or
seed planted in or transplanted to an area within such period of time
as to accomplish a reasonable establishment and maintenance of growth.
2.31 Other outside use.
The use of water
outdoors for maintenance, cleaning and washing of structures and mobile
equipment, including automobiles and boats, and the washing of streets,
driveways, sidewalks, patios and other similar areas.
2.32 Park.
A tract of land, other than a
golf course, maintained by a city, private organization, or individual,
as a place of beauty or of public recreation.
2.33 Person.
An individual, corporation,
organization, government or governmental subdivision or agency, business
trust, estate, trust, partnership, association, and any other legal
entity.
2.34 Pervious surface.
Any ground surface
which can absorb water or other liquids.
2.35 Power production use.
The use of water
for steam generation and the use of water for cooling and for replenishment
of cooling reservoirs.
2.36 Public.
Municipally owned or operated,
as it applies to any facility.
2.37 Reclaimed water.
Recycled or reused
water as defined in 30 TAC Sec. 210.
2.38 Re-circulated water.
Water that is
used by the same person two (2) or more times sometimes with partial
treatment, when required, between uses.
2.39 Stage.
One (1) of five (5) designated
drought stages which may be declared by the authority.
2.40 Supplier.
Any person who supplies groundwater,
including but not limited to a public or private water company, water
supply corporation, a municipality or water district.
2.41 Swimming pool.
Any structure, basin,
chamber, or tank, including hot tubs, and which contain an artificial
body of water for swimming, diving, or recreational bathing, and having
a depth of two (2) feet or more at any point.
a. Private residential swimming pool.
Any swimming pool located on private property under the control of
the homeowner, the use of which is limited to swimming or bathing
by the homeowner's family or invited guests.
b. Public swimming pool.
Any swimming
pool, other than a private residential swimming pool, intended to
be used collectively by persons for swimming or bathing, operated
by any person as defined herein, whether owner, lessee, operator,
licensee, or concessionaire, regardless of whether a fee is charged
for such use. The term includes, but is not limited to, apartment
community pools, condominium association pools and community association
pools.
2.42 Trigger conditions.
Those specific
conditions of rainfall amounts, Edward Aquifer water level elevations
or spring flow rates which the authority monitors and uses as indicators
of the occurrence of critical period conditions for purposes of declaring
the various stages.
2.43 Use for beneficial purpose.
Water which
is used, without regard to priority, for:
a. Agricultural, commercial, domestic, gardening, industrial, manufacturing,
mining, municipal, pleasure, recreational or stock raising purposes;
b. Exploring for, producing, handling or treating oil, gas, sulfur or
other minerals; or
c. Any other purpose that is useful and beneficial to the user.
2.44 User.
A person, public or private,
who produces, distributes or uses water from an Edwards Aquifer well
located within the boundaries of the Edwards Aquifer Authority.
2.45 Variance.
An authorized exception from
compliance by the user with any provision of the rules granted by
the authority.
2.46 Vegetable garden.
Any non-commercial
garden planted primarily for household use. For this use "non-commercial"
includes incidental direct selling of produce from such a vegetable
garden to the public.
2.47 Watering day.
A day designated for
landscape watering, limited to the morning hours from 12:01 a.m. to
10:00 a.m. and the evening hours of 8:00 p.m. to 11:59 p.m. (i.e.,
if Saturday is a designated watering day, the period of time referenced
is Saturday morning between 12:01 a.m. to 10:00 a.m., and Saturday
evening between 8:00 p.m. and 11:59 p.m.).
2.48 Waste.
a. The flowing or producing of groundwater from wells in the Edwards
Aquifer if the water flowing or produced is not used for a beneficial
purpose by any user;
b. The unreasonable loss of groundwater through faulty design or negligent
operation of a well or water delivery or application system; or
c. Using quantities of groundwater for a purpose that otherwise would
be considered beneficial in excess of quantities reasonably necessary
for that purpose.
2.49 Water utility use.
Water used for withdrawal,
treatment, transmission, and distribution by potable water system
operators.
2.50 Well level or spring flow rate.
The
level of water in the Index Well J-17, or the flow rates in the San
Marcos Springs or the Comal Springs which are the authority's stage
indicators for the San Antonio Pool.
2.51 Zonal irrigation system.
An irrigation
system which segregates by station areas of shrubs, ground cover,
bedding plants, or turf to accommodate a diversity of watering requirements.
(b) Stage
indicators for groundwater use reduction program.
. The
stage indicators for groundwater demand reduction for stages I, II,
III, IV, and V are set out in Table 1 below:
Critical Period (Reduction) Stage*
|
Index Well J-17 Level
(MSL)
|
San Marcos Springs Flow
(CFS)
|
Comal Springs
Springs Flow
(CFS)
|
Withdrawal Reduction - San Antonio Pool
|
---|
I
|
<660
|
<96
|
<225
|
20%
|
II
|
<650
|
<80
|
<200
|
30%
|
III
|
<640
|
N/A
|
<150
|
35%
|
IV
|
<630
|
N/A
|
<100
|
40%
|
V
|
<625
|
N/A
|
<45/40
|
44%
|
*
|
Implementation of stage 1 is based on a ten-day average. A change
to a critical period stage with higher withdrawal reduction percentages
is triggered if the ten-day average of daily spring flows at the Comal
Springs or the ten-day average of daily aquifer levels at the J-17
Index Well drops below the lowest number of any of the trigger levels.
A change to a critical period stage with lower withdrawal reduction
percentages is triggered only when the ten-day average of daily spring
flows at the Comal Springs or the San Marcos Springs and the ten-day
average of daily aquifer levels at the J-17 Index Well are all above
the same stage trigger level.
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(c) Groundwater
use reduction program.
(1)
Procedures for groundwater use reduction program.
The city shall determine when conditions warrant implementation of
the groundwater use reduction program. The program is declared when
the Edwards Aquifer indicators fall below the trigger levels shown
in table 1. Regardless of the aquifer's levels, the city may
advance stages as needed to effect compliance with pumping limit goals.
The various stages shall be declared as follows:
a.
Stage 1.
The director of public works may declare
stage I of the groundwater use reduction program when the authority
declares stage I after one (1) or more of the indicators fall below
the trigger levels for stage 1 as shown in table 1.
b.
Stage 2.
The city manager may declare stage II
of the groundwater use reduction program when the authority declares
stage II after one (1) or more of the indicators fall below the trigger
levels for stage II as shown in table 1.
c.
Stage III.
The mayor may declare stage III of
the groundwater use reduction program when the authority declares
stage III after one (1) or more of the indicators fall below the trigger
levels for stage III as shown in table 1.
d.
Stage IV.
The city council may declare stage IV
of the groundwater use reduction program when the authority declares
stage IV after one (1) or more of the indicators fall below the trigger
levels for stage IV as shown in table 1.
e.
Stage V.
The city council may declare stage V
of the groundwater use reduction program when the authority declares
stage V after one (1) or more of the indicators fall below the trigger
levels for stage V as shown in table 1.
(2)
Public notice of declaration of groundwater use reduction program
stage.
The declaration of a groundwater use reduction
stage shall be publicly noticed by posting the declaration on the
city's web site and other public notification processes deemed
appropriate by the director of public works.
(3)
Restricting the use of groundwater.
a.
Groundwater use surcharges shall be imposed by the city council
during any groundwater use reduction stage as an additional measure
to deter water use to aid in achieving pumping restriction goals.
The groundwater use surcharge shall be established as follows:
Monthly Groundwater Use Surcharge Fee for Initial Consumption
Threshold*
|
---|
Account Type
|
Consumption in Cubic Feet
(cf)
|
Stage 1 per 100 cf
|
Stage 2 per 100 cf
|
Stage 3 per 100 cf
|
Stage 4 per 100 cf
|
Stage 5 per 100 cf
|
---|
Residential
|
2,500 or more
|
$0.25
|
$0.50
|
$1.25
|
$2.00
|
$3.00
|
Commercial & Multifamily
|
3,500 or more
|
$0.25
|
$0.50
|
$1.25
|
$2.00
|
$3.00
|
Institutional
|
10,000 or more
|
$0.25
|
$0.50
|
$1.25
|
$2.00
|
$3.00
|
Irrigation
|
1,000 or more
|
$0.25
|
$0.50
|
$1.25
|
$2.00
|
$3.00
|
*During critical drought stages, the groundwater use surcharge
fees are applied to every 100 cubic feet (cf) of water consumed above
the account type threshold.
|
b.
Groundwater
use reduction measures for the various stages are as follows:
1.
Stage 1 water restrictions.
(A) No resident, person or business shall waste groundwater.
(B) Groundwater shall only be used for residential
landscape watering by means of an automatic or manual irrigation system
between the hours of 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00
p.m. during one day per week according to the last digit of a resident's,
person's or business' address, as follows: Address ending
in watering day each week:
(v) 8 or 9: Friday.
Multifamily premises, schools, churches and commercial users
shall use groundwater for landscape watering only on Wednesdays, and
only during the same hours listed above for residential users. Groundwater
may be used for landscape watering by means of drip irrigation, soaker
hose, or bucket (5-gallon or less container) during any day of the
week but only between the hours of 7:00 a.m. to 11:00 a.m. and 7:00
p.m. to 11:00 p.m. A handheld hose may be used any day of the week
at any time.
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(C) No resident, person or business shall use groundwater
to wash an impervious outdoor ground covering such as a parking lot,
driveway, street, or sidewalk, unless for health or safety reasons.
(D) No resident, person or business shall allow landscape
or irrigation water to escape from that person's land. All leaks
shall be repaired.
(E) Restaurants and other eating establishments are
prohibited from serving groundwater to customers except upon request
of the customer.
(F) Every resident, person or business that owns or
has possession of a swimming pool must cover the pool with an effective
evaporation cover or screen, or evaporation shields covering at least
25% of the surface of the pool, when the pool is not in active use.
Inflatable pool toys or floating decorations may be used to shield
the water from evaporation. Active use includes necessary maintenance
that requires removal of the cover, screen, or shields. Active use
of public, commercial and apartment pools is whenever the pool is
not officially closed.
(G) No resident or person shall wash an automobile
at any location except on their designated watering day and during
the specified times, and in no event shall groundwater used for automobile
washing be allowed to run into the streets or alleys of the city.
(H) Charity car washes are prohibited except at a commercial
car wash that recycles at least 75% of the groundwater it uses or
that is certified as a conservation car wash.
(I) The use of commercial vehicle wash facilities is
allowed on any day at any time.
(J) No resident, person or business shall use groundwater
for an ornamental outdoor fountain or similar feature, unless the
water is recycled, and the only additional groundwater used for the
feature is to compensate for loss due to evaporation.
2.
Stage II water restrictions.
(A) No resident, person or business shall waste groundwater.
(B) Groundwater shall only be used for residential
landscape watering by means of an automatic or manual irrigation system
between the hours of 7:00 a.m. to 11:00 a.m. and 7:00 p.m. to 11:00
p.m. during one day per week according to the last digit of a resident's,
person's or business' address, as follows: Address ending
in watering day each week:
(v) 8 or 9 Friday.
Multifamily premises, schools, churches and commercial users
shall use groundwater for landscape watering only on Wednesdays, and
only during the same hours listed above for residential users. Groundwater
may be used for landscape watering by means of drip irrigation, soaker
hose, or bucket (5-gallon or less container) during any day of the
week but only between the hours of 7:00 a.m. to 11:00 a.m. and 7:00
p.m. to 11:00 p.m. A handheld hose may be used any day of the week
at any time.
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(C) All prohibitions (C) through (J) in stage I shall
apply to stage II.
3.
Stage III water restrictions.
(A) No resident, person or business shall waste groundwater.
(B) Groundwater shall only be used for residential
landscape watering by means of an automatic or manual irrigation system
only on the one (1) designated water day in every other calendar week,
and only between the hours of 7:00 a.m. to 11:00 a.m. and 7:00 p.m.
to 11:00 p.m. according to the last digit of a resident's, person's
or business' address, as follows: Address ending in watering
day each week:
(v) 8 or 9: Friday.
Multifamily premises, schools, churches and commercial users
shall use groundwater for landscape watering only on Wednesdays, and
only during the same hours listed above for residential users. Groundwater
may be used for landscape watering by means of drip irrigation, soaker
hose, or bucket (5-gallon or less container) during any day of the
week but only between the hours of 7:00 a.m. to 11:00 a.m. and 7:00
p.m. to 11:00 p.m. A handheld hose may be used any day of the week
at any time.
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(C) Filling of new pools or refilling of existing pools
is prohibited unless at least 30% of the water is obtained other than
the Edwards Aquifer. In addition, refilling is allowed only if the
pool has been drained for repairs.
(D) Newly planted landscape does not qualify for a
variance in stage III restrictions.
(E) All prohibitions (C) through (J) in stage I shall
apply to stage III.
4.
Stage IV and stage V water restrictions.
(A) No resident, person or business shall waste groundwater.
(B) All prohibitions (C) through (J) in stage I and
prohibitions (B) through (E) in stage III shall apply to stage IV
and V.
(C) When stage IV or V is in effect, the city council
may convene emergency sessions to consider other rules that may be
necessary to further restrict groundwater use to allow special uses,
such uses including, but not limited to, the following:
(i) Use necessary for public health or safety.
Notwithstanding any provision of these rules, groundwater may
be used when and to the extent it is necessary to prevent danger to
public health, safety, or welfare, or to the extent required by state
or federal law.
(ii) Athletic fields.
An owner or operator
of an athletic field who files with the city a groundwater conservation
and reuse plan which has been approved by the city council may apply
groundwater to the field in accordance with this section. Athletic
fields that are not covered by an approved groundwater conservation
and reuse plan must comply with all maximum allowable and specific
restrictions provided in these rules.
(D) Penalties for any person who violates the provisions of these stages
shall be issued with minimal to no warnings.
c.
Groundwater use surcharges may be imposed by the city council
during any groundwater use reduction stage as an additional measure
to deter water use to aid in achieving pumping restriction goals.
(d) Penalties.
(1) A
person who violates the provisions of this article, shall be deemed
guilty of a misdemeanor offense and upon conviction be punished by
a fine of not less than one hundred fifty dollars ($150.00) and not
more than two thousand dollars ($2,000.00). Each day's violation constitutes
a separate offense. Compliance may also be sought through injunctive
relief in the district court.
(2) No
violation, definition or penalty under this article shall have bearing
on any violation, definition or penalty under any other section of
this chapter.
(e) Enforcement.
(1) During
a critical period management stage, all city employees become "water
conservation" inspectors and shall watch for violations of the conservation
regulations. Any resident, person or business found to be violating
the conservation regulations shall be notified of the first observed
and documented violation by means of a letter addressed to the resident,
person or business at their last known address. The letter shall explain
the regulations and direct that the violations cease. The second and
additional observed and documented violations thereafter may result
in citations being issued by the police department.
(2) The
citizens of the City of Alamo Heights are encouraged to assist in
the enforcement of this article by reporting violations of the groundwater
use reduction regulations.
(f) Variances.
(1) Request for variance.
a. A
person may file a written request for a variance from these rules
for consideration by the director of public works. The request must
contain the following information:
1. The specific nature of the variance requested;
2. A detailed explanation of why the person believes the variance should
be granted, including any supporting documentation;
3. A signed statement that the facts contained in the request are true
and within the person's personal knowledge.
b. The
director of public works may request the person to provide additional
information, which must be filed within ten (10) days of the request
or as otherwise directed in the request.
(2) When variances may be granted.
a. The
variance is necessary to avoid an unusual, direct, and substantial
hardship;
b. There
are no other reasonably available means for avoiding the hardship
without a variance;
c. Granting
the variance is consistent with the goals of this section; and
d. Granting
the variance will not cause significant harm to any other person or
group of persons or result in the city being in violation of regulatory
requirements.
(3) Terms and conditions of variance.
a. The
director of public works may grant a variance for such a term and
in accordance with any conditions the director of public works deems
appropriate. The decision of the director of public works may be appealed
to the city manager.
b. It
is a term of every variance granted that the variance may be rescinded
based on changed circumstances, new information, or failure of the
holder of the variance to abide by the terms and conditions of the
variance or to comply with these rules or any other order or rule.
c. The
director of public works may require a person granted a variance to
file reports containing such information deemed by the director of
public works to be relevant to monitoring the continuing appropriateness
of the variance.
(Ordinance 1812, sec. 9, adopted 2/23/2009; Ordinance
2212 adopted 9/11/2023; Ordinance 2217 adopted 12/11/2023)
In the interest of the health, safety and general welfare of
all residents, the city is authorized to discontinue water service
if any person fails to repair a water leak in an area owned or controlled
by that person after receiving:
(a) Thirty
(30) days' written notice for a minor water leak;
(b) Ten
(10) days' written notice for a moderate water leak; or
(c) Three
(3) days' written notice for a major water leak.
The director of public works or his designee shall have sole
discretion to determine the whether a leak is minor, moderate or major
for the purpose of administering this section.
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(Ordinance 1812, sec. 9, adopted 2/23/2009)