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HomeMy WebLinkAbout2001-2498 - Ordinance - 04/12/2001ORDINANCE NO. 2498 AN ORDINANCE AMENDING CHAPTER 11, SECTION 9, "DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, Section 9, "Drought Contingency and Water Emergency Plan", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of May, 2001. Connie Hooks, City Secretary APPROVED: LYNN MgILHANEY, Mayor APPROVED: r,--~F_,~_igned by I.-Jar~_e_y_C~. rgb, _~l · -~" lgCt]ffi~h t ,, ~c~. te I City Attorney O/group/legal/ordmance/amendmentform doc ORDINANCE NO. 2498 Page 2 EXHIBIT "A" That Chapter 11, Section 9, "Drought Contingency and Water Emergency Plan", of the Code of Ordinances of the City of College Station, Texas, adopted the 13'h day of January, 2000 is hereby repealed. That Chapter 11, Section 9, is hereby amended by adding a new section, "Drought Contingency and Water Emergency Plan" as set out hereafter to read as follows: SECTION 9: DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN A. INTRODUCTION Safe, high quality drinking water is a precious resource in the Bryan-College Station region. This Drought Contingency and Water Emergency Plan (the "Plan") requires that the available water resources of the City of College Station be put to maximum beneficial use along with the available water resources to the maximum extent possible. The Plan also requires that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of water be extended with a view to reasonable and beneficial use in the interests of the people of the College Station community and for the public health and welfare. Emergency conditions resulting from equipment or system failures are also addressed in this Plan. This Plan has been coordinated with the Brazos Region (Region G) Water Planning Group. The Plan will be reviewed and updated as necessary at a minimum of every five (5) years. B. AUTHORIZATION The City Manager or his/her designee of the City of College Station 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 City Manager or his/her designee of the City of College Station shall have the authority to initiate or terminate drought stages or water supply emergency response measures as described in this Plan. C. APPLICATION The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of College Station. The terms "person" and "customer" as used in the Plan include individuals, corporations, parmerships, associations, and all other legal entities. D. DEFINITIONS For the purpose of this Plan, the following definitions shall apply: vc[p: igroup iagen-callcouncd agendas icompletel2OO I lO l O $1Oklrought conttngen~, lord2 4 21 revised doc 5/17/01 ORDINANCE NO. 2498 Page 3 1. 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. 2. Customer: any person, company, or organization using water supplied by the City of College Station. 3. Drip Irrigation: the controlled, slow application of small amounts of water to soil over a long period of time, usually several hours. 4. Landscape Irrigation Use: water used for the irrigation and maintenance of landscaped areas, whether privately or publicly owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 5. Non-Essential Water Use: water uses that are not essential nor required for the protection of public health, safety, and welfare including: (a) Irrigation of landscaped areas, including parks, athletic fields, and golf courses, except as otherwise provided by this Plan; (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (c) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas except to maintain health and safety conditions; (d) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (e) Flushing gutters or permitting water to run or accumulate in any gutter or street; (f) Use of water to fill, refill, or add to any swimming pools or Jacuzzi-type pools; (g) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) Use of water from hydrants for construction purposes or any other purposes other than fire fighting, or other activities necessary to maintain public health, safety, and welfare. 6. Outdoor Water Use: includes, but is not limited to, watering lawns, shrubs, and other types of outdoor vegetation; washing vehicles, boats, and trailers; use of landscape irrigation systems; refilling or adding water to swimming pools, wading pools or ponds: operation of any ornamental fountain or other similar structure; use of water from fire hydrants for uses other than fire fighting or other activities necessary to maintain health and safety conditions; washing down of patios, driveways, parking areas, streets, tennis courts, sidewalks or other paved areas; and the watering ground foundations. vc~p : ~group lagen-cal lcouncd agendas lcompletel2001 I0105101drought contingencylord2 4 21 revtsed doc 7/01 ORDINANCE NO. 2498 Page 4 7. Reclaimed water: Domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of 30 TAC 210, as it currently exists or may be amended from time to time, and other applicable rules and permits. 8. System Failure: any mechanical failure of pumping equipment or system component that causes a loss of capability to provide water service to the City of College Station. 9. Xeriscape: a method of landscaping which conserves water through the use of specific principles of design, plant selection, installation, maintenance, and irrigation methods. Eo TRIGGER CONDITIONS Daily water demand will be monitored for emergency conditions by the City of College Station. Trigger conditions will be based on an emergency situation caused by a natural disaster, equipment or system failure, or high daily average water demand. The City Manager or his/her designee of the City of College Station, on recommendation of the Public Utilities Department, shall determine when conditions warrant initiation or termination of each stage of the Plan. In the spirit of cooperation, various interconnections are in place between the City of College Station, City of Bryan and Texas A&M University that may be utilized to provide water in emergency conditions provided there is not an additional emergency situation created by any water transfer. These shared water resources shall be evaluated and/or implemented prior to initiation of the trigger conditions. The trigger conditions described below are based on the fact that the City of College Station uses groundwater as its water supply, and therefore, will likely be constrained by system capacity before shortage of supply. 1. Stage 1 - Voluntary Water Conservation (a) Requirements for initiation - Customers may be requested to voluntarily conserve water and adhere to the water restrictions on non-essential water use, as outlined in Part G (Stage 1) of this Plan, each year from May 1 through September 30. (b) Requirements for termination - Stage 1 of the Plan may be rescinded at any time by the City Manager or his/her designee of the City of College Station. 2. Stage 2 - High Water Demand (a) Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined in Part G (Stage 2) of this Plan, when: (1) Average daily water consumption for three (3) consecutive days reaches 90% of production/distribution capacity of the City of College Station water system; and vx:lp : [grouplagen-callcouncil agenda,~completel2001 I0105101drought contingency, lord2421 revised, doc 5/I 7/01 ORDINANCE NO. 2498 Page 5 (2) Consideration of weather conditions for drought classification determination includes predicted long cold or dry periods. 5 J or (3) Emergency water supplied to the City of College Station by contractual agreement through system intereonnections with Texas A&M University or the City of Bryan is curtailed or interrupted. (b) Requirements for termination - Stage 2 of the Plan may be rescinded by the City Manager or his/her designee of the City of College Station when the condition(s) listed above as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3 - Severe Water Shortage (a) Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined in Part G (Stage 3) of this Plan, when: (1) The City of College Station average daily water consumption for three (3) consecutive days reaches 95% of production/distribution capacity of the system, or the City of College Station daily water consumption will not enable storage levels to be maintained. (b) Requirements for termination - Stage 3 of the Plan may be rescinded by the City Manager or his/her designee of the City of College Station when the condition(s) listed above as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative as directed by the city manager or his/her designee of City of College Station. Stage 4 - Water Supply Emergency (a) Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined in Part G (Stage 4) of this Plan, when: (1) The City of College Station water system is contaminated whether accidentally or intentionally. A Water Supply Emergency condition is reached immediately upon detection. (b) or (2) The City of College Station water system fails for any reason. A Water Supply Emergency condition is reached immediately upon detection. Requirements for termination - Stage 4 of the Plan may be rescinded by the City Manager or his/her designee of the City of College Station when the condition(s) listed above as triggering events have ceased to exist. Upon termination of Stage 4, the previously initiated stage becomes operative as directed by the City Manager or his/her designee of City of College Station. vc~p : ~grouphagen-cal~council agendaslcompletel2001 I0105101drought contingeno4ord2 421 rev~sed, doc 7/01 ORDINANCE NO. 2498 Page 6 F. NOTIFICATION 1. Public Meeting - This Plan has been presented to the public at a formal public meeting with a request for comments. 2. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper widely circulated in College Station and public service announcements on local television and/or cable service. Additional methods of public notification may include signs posted in public places, utility bill inserts, and other means to be determined by the City Manager or his/her designee of the City of College Station. 3. When mandatory restrictions are enacted with the initiation of Stage 2, Stage 3, and/or Stage 4, the Executive Director of TNRCC will be notified, at a minimum via telephone, within five (5) business days. When any particular stage is rescinded, the Executive Director of TNRCC will again be notified, at a minimum via telephone, within five (5) business days. o RESPONSES TO TRIGGER CONDITIONS The City Manager or his/her designee of the City of College Station shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Part E of the Plan, shall determine that a voluntary, moderate or severe water shortage condition exists and shall implement the following actions upon publication of notice in a newspaper widely circulated in College Station: 1. Stage I - Voluntary Water Conservation The goal for Stage 1 of the Plan is to raise public and customer awareness of water demand conditions. Voluntary Water Use Measures: (a) Water customers are requested to voluntarily limit outdoor water use by practicing water conservation and reducing non-essential water uses, defined in Part D (5) of this Plan. Stage 2 - High Water Demand - Water Demand Exceeds 90*/0 of System Capacity The goal for Stage 2 of the Plan is to reduce and maintain average daily water demand at or below ninety percent (90%) of system capacity. In the event that the City Manager or his/her designee enacts Stage 2 the following water use restrictions shall apply to all persons: (a) Water customers are required to participate in the 5-day Watering Schedule for outdoor xvater use. Outdoor water use shall only occur on a designated outdoor watering day, which will be once every five days. The 5-day Watering Schedule will be determined and distributed each year by the City of College Station. vc[o : ~group~agen-cal~counc d agendaslcompletel2001 I0105101drought contingeno,lord2 4 21 revised, doc 5/I 7/01 ORDINANCE NO. 2498 Page 7 (b) Outdoor water use is permitted: (1) From midnight to 9:00 am and from 8:00 pm to midnight on a customer's designated watering day. (2) Anytime, by the use of hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user, by drip irrigation, by soaker hose, or by hand-held buckets. (c) The time restrictions do not apply to: (1) the irrigation of commercial plant nurseries, (2) irrigation using reclaimed water, (3) new landscape installation during planting and the first ten days after planting. A variance extending the ten day period may be approved by the City Manager or his/her designee, and (4) the testing of new irrigation systems or existing irrigation systems being tested or under repair. (d) The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other vehicles is permitted: (1) On designated watering days, from 12:00 midnight to 9:00 am and from 8:00 pm to 12:00 midnight. (2) Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. (3) The washing of individual vehicles may be done at any time on the immediate premises of a commercial car wash or commercial service station. (4) Further, this restriction does not apply to the washing of vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing. (e) Charity car washes are prohibited. (f) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is permitted only on designated watering days from 12:00 midnight to 9:00 am and from 8:00 pm to 12:00 midnight. (g) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. This restriction does not apply to ornamental fountains or ponds that use reclaimed water, non-potable water, or water sources other than the City of College Station. (h) Use of water from fire hydrants shall be limited to fire fighting and related activities, or other activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes vc~p : ~group~agen-cal~councd agendas ~complete 12 O01 I010510~drought contingencylord2 4 2 !revtsed. doc $/! 7/01 ORDINANCE NO. 2498 Page 8 may be allowed when a variance has been approved by the City Manager or his/her designee of the City of College Station. (i) Use of water for the irrigation of golf course greens, tees, and fairways is pemfitted only on designated watering days. Such irrigation shall only occur from 12:00 midnight to 9:00 am and from 8:00 pm to 12:00 midnight. These restrictions do not apply to the irrigation of any golf course that uses reclaimed water, or other non-potable water sources. (j) All restaurants are prohibited from serving water to their patrons except when requested. (k) The following uses constitute a waste of water and are prohibited: (1) Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas except to alleviate immediate health or safety hazards. (2) Use of water for dust control. (3) Allowing water to run offa property or allowing water to pond in the street or parking lot. (4) Operating an irrigation system with sprinkler heads that are broken or out of adjustment. (5) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). (6) Washing an automobile, truck, trailer, boat, airplane, or other mobile equipment with a hand-held hose not equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user. Stage 3 - Severe Water Shortage - Water Demand Exceeds 95% of System Capacity The goal for Stage 3 of the Plan is to reduce and maintain average daily water demand at or below ninety five percent (95%) of system capacity. In the event that the City Manager or his/her designee enacts Stage 3 the following water use restrictions shall apply to all persons: (a) Supply Management Measures - The City of College Station will cease the flushing of water mains except when necessary to maintain public health, safety, and welfare. All City of College Station departments will discontinue irrigating public landscaped areas except when such areas are irrigated with reclaimed water, or water source other than that provided by the City of College Station. (b) Water Use Restrictions - All requirements of Stage 2 shall remain in effect during Stage 3, with these additional water use restrictions: (1) Outdoor water use is restricted to use of hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water vc~p:(grouplagen-callcouncd agendaslcompletel2OOllOlOSlOklrought conttngencylord2421 revised, doc .5/17/01 ORDINANCE NO. 2498 Page 9 flow when the hose is not being held by the water user or hand-held buckets. Such water use may occur only between the hours of 6:00 a.m. to 9:00 a.m. and 8:00 p.m. to 10:00 p.m. on designated outdoor water use days. The use of permanently installed irrigation systems, drip irrigation systems, and hose end irrigation is prohibited. (2) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring on the immediate premises of a commercial car wash or a commercial service station and not in the immediate interest of the public health, safety, and welfare are prohibited. The washing of such vehicles under public safety and health situations may only occur between 6 a.m. and 9 a.m. (3) Commercial plant nurseries may use only hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user, or hand-held buckets. (4) The filling, refilling, or adding of potable water to swimming or wading pools is prohibited. (5) No new landscapes of any type may be installed. (6) All variances granted under a previous stage shall be invalid during Stage 3. The use of water under variances granted by the City Manager or his/her designee of the City of College Station is to be discontinued. Utilization of a water source other than City of College Station potable water is exempt from the provisions of this Plan. 4. Stage 4- Water Supply Emergency The goal for Stage 4, Water Supply Emergency, is to rectify the emergency and return to normal operating conditions as soon as possible. In the event of an imminent or actual water supply emergency due to either loss of water supply source (including contamination) and/or system failure, the City Manager or his/her designee of the City of College Station has the authority to initiate the following Water Supply Emergency Responses: (a) The Public Utilities Department may request assistance from the City of Bryan and Texas A&M University in maintaining distribution system volume and pressure during the emergency conditions. (b) Effective immediately upon initiation of Stage 4, all outdoor water use shall be discontinued, except for immediate health and safety purposes. (c) In the event that water shortage or water emergency conditions threaten public health, safety, and welfare, the City Manager or his/her designee of the City of College Station, upon recommendation of the Public Utilities Department, may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence: }~lp:~rouplagen-eallcouncd agendaslcompletel200110105101drought contmgencylord2421 revised doc 3/17/0 ! ORDINANCE Page 10 NO. 2498 (1) Recreational users, (2) Commercial users, (3) School users, (4) Residential users, and (5) Hospitals, public health, and safety facilities. (d) Public Notification: In the event that minimum health and safety standards for drinking water are not met during emergency conditions, public service announcements on local television and radio stations will be utilized to notify the public of the emergency conditions and response measures. These response measures may include notifying the public of the need to boil water, use bottled water, or use a designated alternate water source, as appropriate. (e) Emergency Management Assistance: The Department of Public Utilities may seek assistance through the local and/or State Emergency Management Program. He VARIANCES 1. The City Manager or his/her designee of the City of College Station may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, or if one or more of the following conditions are met: (a) 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. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. 2. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of College Station. All petitions for variances shall be reviewed by the City Manager or his/her designee of the City of College Station and shall include the following: (a) Name and address of the petitioner(s), (b) Purpose of water use, (c) Specific provision(s) of the Plan from which the petitioner is requesting relief, vc[p:~grouplagen-callcouncd agendas~completel2OO I lO l OS l O[drought contmgeno,Iord2421 revised, doc 5/17/01 ORDINANCE NO. 2498 Page 11 o (d) 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 petitioner complies with this Plan, (e) Description of the relief requested, (f) Period of time for which the variance is sought, (g) 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, (h) Estimated water savings, as a percentage (%) of normal monthly water use, while operating under the variance requested, and (i) Other information requested by the City of College Station. Variances granted by the City Manager or his/her designee of City of College Station shall be subject to the following conditions, unless waived or modified: (a) Variances granted shall include a timetable for compliance, and (b) Variances granted in a particular stage shall expire upon advancing to a more restrictive stage of the Plan. (c) Petitioners shall prominently display the variance granted where it can be read by the general public at all location(s) for which the variance applies, and make said variance available to the public. (d) Variances granted may be revoked by the City Manager or his/her designee of the City of College Station if the petitioner fails to meet specific requirements set forth in the variance. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. WHOLESLE AGREEMENTS/CONTRACTS PROVISION In the event that the Trigger Conditions specified by Stage 3 - Severe Water Shortage, or Stage 4 - Water Supply Emergency, of this Plan have been met, the City Manager or his/her designee of the City of College Station is hereby authorized to initiate allocation of water supplies to wholesale customers on a pro rata basis. This stipulation applies to all existing and future wholesale water supply contracts or agreements made with the City of College Station. The pro rata basis for water allocation to wholesale customers will be made in accordance with the Texas Water Code § 11.039 policies and procedures and as specified by the Texas Administrative Code 30 §288.22(a)(7)(A). Jo ENFORCEMENT No person shall allow potable water from the City of College Station to be used for residential, commercial, industrial, agricultural, governmental, or any other purpose in a vc[p : [grouplagen-callcouncd agendas ,completel2001 ~010510[drought contingencylord2 4 21 revtsed, doc ~/I 7/01 ORDINANCE NO. 2498 Page 12 manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the stage in effect at the time pursuant to action taken by the City Manager or his/her designee of the City of College Station, in accordance with provisions of this Plan. If a person is convicted of three or more distinct violations of this Plan, the City Manager or his/her designee of the City of College Station shall provide written notice to the person of possible termination of service. The notice shall apprise the person of the possible termination of service, the reasons for such possible termination, and afford the person an opportunity to present his/her objections to termination in a heating before the City Manager or his/her designee of the City of College Station. The person shall have not less than ten (10) days to present his/her objections. The notice shall also contain the notice requirements described in Texas Natural Resource Conservation Commission Rules located in the Texas Administrative Code, Title 30, Part I, Chapter 291, Subchapter E, Section 291.88(a), as it currently exists or as amended from time to time. If after such hearing, the City Manager or his/her designee of the City of College Station determines that service will be terminated, services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at fifty dollars ($50.00), and any other costs incurred by the City of College Station in discontinuing service. In addition, suitable assurance must be given to the City Manager or his/her designee of the City of College Station, that the same action shall not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injunctive relief in the district court. PRESUMPTIONS 1. Any person, 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. 2. 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 parents' control shall constitute a rebuttable presumption that the parent committed the violation. }~e~o'~grouplagen-callcouncd agendas lcompletel200110105101drought contingencyiord24 21 revised, doc .5/I 7/01