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HomeMy WebLinkAbout2000-2421 - Ordinance - 01/13/2000ORDINANCE NO. ~_ 4 2 ~ AN ORDINANCE AMENDING CHAPTER 11, SECTION 9, "EMERGENCY WATER DEMAND MANAGEMENT PLAN," OF THE CODE OF ORDINANCES OF THE C1TY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, Section 9, of the Code of Ordinances of the City of College Station, Texas, "Emergency Water Demand Management Plan," 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, ftrrn, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a frae 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 13th day of JANUARY ,2000. ATYEST: -~D~ HC~-)KS, City Secretary APPROVED: LYNN I~IcILHANEY, Mayor ] APPROVED: City At~6mey ORDINANCE NO. 2421 PAGE 2 OF 13 EXHIBIT A That Chapter 11, Section 9, 'Emergency Water Demand Management Plan," of the Code of Ordinances of the City of College Station, Texas, is hereby repealed. That Chapter 11, Section 9, is hereby amended by adding a new section, "Drought Contingency and Water Emergency Plan' 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 wdfare. 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. ALHI-IORIZATION 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 or other 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 %ustomer" 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:. ORDINANCE NO. 2421 PAGE 3 OF 13 Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the effidency 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 of College Station. Landscape Irrigation Use: water used for the irrigation and maintenance of landscaped areas, whether privately or publicly owned, including residential and commerdal lawns, gardens, golf courses, parks, rights-of-way, and medians. Non-Essential Water Use: water uses that are not essential nor required for the protection of public health, safety, and wdfare including: (a) Irrigation of landscaped 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 except to maintain health and safety conditions; Use of water to wash down buildings or structures for purposes other than immediate fire protection; Flushing gutters or permitting water to nm or accumulate in any gutter or street; Use of water to fill, refill, or add to any indoor 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 fire fighting. Outdoor Water Use: included but is not limited to watering lawns, shrubs, and other types of outdoor vegetation; washing vehicles, boats, and trailers; use of ORDINANCE NO. 2421 PAGE 4OF 13 landscape irrigation systems; the refilling or adding water to swimming pools or wading pools or ponds; the operation of any omamemal fountain or other similar structure; the use of water from fn'e hydrants for uses other than fire fighting or other activities necessary to maintain health and safety conditions; the washing down of patios, driveways, parking areas, streets, tennis courts, sidewalks or other paved areas; and the washing down of ground foundations. Xeriscape: a method of landscaping which conserves water through the use of specific principles of design, plant selection, installation, maintenance, and irrigation methods. E. 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 dty manager or Ns/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, a pumped interconnection is planned between the Cities of College Station and Bryan that will be uriliTed to provide water in emergency conditions provided it does not create an additional emergency situation for either dty. The City of College Station may also utilize the two intercormections it shares with Texas A&M University to provide water under emergency conditions provided the water is available and does not create an additional emergency situation, 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. Sta~e 1 - Voluntary Water Conservation Conditions (4 Requirements for initiation - Customers shall be requested to voluntarily conserve water and adhere to the water restrictions on non-essential water use, as outlined in Section G (Stage 1) of this Plan, each year from May 1 through September 30. Reauirements for termination - Stage 1 of the Plan may be rescinded at any time by the city manager or Ns/her designee of the City of College Station. 2. Stage 2 - Moderate Water Shortage Condition~ ORDINANCE NO. 2421 PAGE 5OF 13 R~_uirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined in Section G (Stage 2) of this Plan, when: O) Average daily water consumption for three 0) consecutive days reaches 900/0 of production/distribution capadty of the City of College Station water system. (2) Weather conditions are to be considered in drought classification determination. Predicted long, cold, or dry periods are to be considered in impact analysis. 0) The curtailment or interruption of emergency water supplied to the City of College Station by contractual agreement through system interconnections with Texas A&M University and the City of Bryan. 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 all of the conditions listed as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stave 3 - Severe Water Shortaue Conditions Renuirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined in Section G (Stage 3)of this Plan, when: 0) The City of College Station average daily water consumption for three (3) consecutive days reaches 95% of production/distribution capadty of the system, and/or City of College Station daily water consumption will not enable storage levds to be maintained, system demand exceeds available high service pump capadty. The City of College Station water system is contaminated whether accidentally or intentionally. Severe condition is reached immediately upon detection. 0) The City of College Station water system fails - from acts of God (tomadoes, hurricanes) or man. Severe condition is reached immediately upon detection. Any mechanical failure of pumping equipment or system component failure which will require more than 12 hours to repair which causes a loss of capability to provide water service in City of College Station. ORDINANCE NO. 2 4 21 PAGE 6 OF 13 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 all of the conditions listed 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. F. NOTIFICATION Public Meeting - This plan has been presented to the public at a formal public meeting with a request for comments. Public notification of the inflation or termination of drought response stages shall be by means of publication in the Bry, m-Co~ Station Eagle and public service announcements on KBTX - Channel 3. 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. When mandatory restrictions are enacted with the initiation of Stage 2 and/or Stage3, the Executive Director of TNRCC will be notified, at a minimum via telephone, within five (5) business days. G. DROUGHT RESPONSE STAGES 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 Section 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 the Br3~n-C~ Station Eag~. Stage 1 - Voluntary. Water Conservation Conditions The goal for Stage 1 of the Plan is to raise public and customer awareness of water demand conditions. Voluntary Water Use Measures: (4 Water customers shall voluntarily limit outdoor water use by participating in the 5-day Watering Schedule for outdoor water 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 be made available to customers each year by the the Cb/of College Station. ORDINANCE NO. 2 4 21 PAGE 7 OF 13 Outdoor water use is discouraged between the hours of 9:00 a.m. and 8:00 p.m. except with 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 used, or hand-held buckets. The time restrictions do not apply to: 0) (2) (3) (4) the irrigation of commercial plant nurseries, irrigation using reclaimed water, new landscape installation during installation and the first ten days, and the testing of new irrigation systems or existing irrigation systems being tested or under repair. Water customers are requested to practice water conservation and prohibk non-essential water uses, defined in Section D of this Plan. All operations of the City of College Station shall prohibit non-essential water uses, defmed in Section D of this Plan. ~tage 2 -- Moderate Water Shortage Conditions The goal for Stage 2 of the Plan is to reduce and maintain avenge daily water demand at or below ninety percent (90%) of system capacity. Water Use Restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons: (4 Water customers are required to participate in the 5-day Watering Schedule for outdoor water use in the 5 day Watering Schedule for outdoor water uses. 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 Bryan and the City of College Station. fo) Outdoor water use is prohibited between the hours of 9:00 a.m. and 8:00 p.m. except with hand-hdd hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being used, or hand-held buckets. The time restrictions do not apply to: (2) (3) the irrigation of commercial plant nurseries, irrigation using reclaimed water, new landscape installation during installation and the first ten days, and the testing of new irrigation systems or existing irrigation systems being tested or under repair. ORDINANCE NO. 2 4 21 PAGE 8 OF 13 The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other vehicles is prohibked except on designated watering days. Washing is prohibited between the hours of 9:00 a.m. and 8:00 p.m. Such washing when allowed, shall be done with a hand-hdd bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. The washing of individual vehicles may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, this restriction does not apply to the washing of vehicles or any other type of mobile equipment (such as garbage trucks and vehides to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing. Charity car washes are prohibked. Use of water to ltl1, refdl, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-type pools is prohibited except on designated watering days. This water use is prohibked between the hours of 9:00 a.m. and 8:00 p.m. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under written permission from the City of College Station (see Section H of this Plan). Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. Such irrigation may not take place between the hours of 9:00 a.m. and 8:00 p.m. These restrictions do not apply to the irrigation of any golf course which uses redaimed water, ground water, raw water, or sources other than the City of College Station. Ail restaurants are prohibited from serving water to its patrons except when requested. (i) The following uses constitute a waste of water and are prohibited: O) 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. ORDINANCE NO. 2421 PAGE 9OF 13 (3) Allowing water to nm off a property or allowing water to pond in the street or parking lot. (4) Operating a permanently installed irrigation system with sprinkler heads that are broken, out of adjustmem - spraying more than 10% of the water on street or parking lots, or that are misting. (3) Failure to repair a controllable leak(s) within a reasomble period after having been given notice directing the repair of such leak(s). (6) Washing an automobile, track, 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 used. Stage 3 - Severe Water Shortage Conditions 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 capadty. (4 Supp .ly Management Measures - The City of College Station will cease the flushing of water mains except when necessary for reasons of health or safety. All City of College Station departments will discontinue irrigating public landscaped areas except when such areas are irrigated with reclaimed water, domestic ground water, raw water sources, or sources other than the City of College Station. (b) Water Use Restrictions - All requirements of Stage 2 shall remain in effect during Stage 3 except: (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 flow when the hose is not being used or hand-held buckets may occur only between the hours of 6:00 a.m. to 9:00 a.m. and 8:00 p.m. and 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) Ur;liTafion of a water source other than that provided by the City of College Station. (3) The washing of automobiles, tracks, 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 ORDINANCE NO. 2421 PAGE 10OF 13 welfare are prohibked. The washing of such vehides under public safety and health situations may only occur between 6 a.m. and 9 a.m. Commerdal 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 used or hand-held buckets. The friling, refilling, or adding of potable water to swimming or wading pools is prohibited. (6) No new landscapes of any type may be installed. The use of water for construction purposes from designated f'tre hydrants under written permission from the City of College Station is to be discontinued. In the event that severe water shortage conditions persist (Stage 3) for an extended period of time, 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: (1) Recreational users, (2) Commercial users, (3) School users, (4) Residential users, and (5) Hospkals, public health, and safety facilities. 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 following emergency actions will take place: (l) The public will be notified of the need to boil water, use bottled water, or use a designated alternate water source, as appropriate. (2) The Department of Public Utilities may seek assistance through the local and/or state emergency management system. ORDINANCE NO. 2421 PAGE 11 OF 13 H. VARIANCES 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 and if one or more of the following conditions are met: 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. Altemative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance to the City of College Station within 5 days after the Plan has been initiated or a particular drought response stage has been invoked. Persons requesting such an exemption shall fie the petition with the City of College Station. All petitions for variances shall be reviewed by the dty 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, Spedfic provision(s) of the plan from which the petitioner is requesting relief, Detailed statement as to how the spedfic 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, Altemative 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, and (h) Other pertinent information. 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: ORDINANCE NO. 2421 PAGE 12OF 13 (a) Variances granted shall include a timetable for compliance and Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. I. WHOLESALE AGREEMENTS/CONTRACTS PROVISION In the event that the Trigger Conditions spedfied by Stage 3 - Severe Water Shortage Conditions of this Plan have been met, the dty manager or Ns/her designee is hereby authorized to initiate allocation o{ 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 S 11.039 policies and procedures and as spedfied by the Texas Administrative Code 30 S 288.22(a)(7)(A). J. ENFORCEMENT No person shall allow the use of water from the City of College Station for residential, commercial, industrial, agriculttual, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by dty manger or Ns/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 pendency of possible termination of service, the reasons for such possible termination, and afford the person opportunity to present Ns/her objections to termination in a hearing 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 Ns/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, Pan I, Chapter 291, Subchapter E, Section 291.88(a), as k currently exists or as amended from time to time. If after such hearing, the city manager or Ns/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 inctm~d 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. ORDINANCE NO. 2421 PAGE 13 OF 13 K. PllESUMrq'IONS 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. 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, 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."