HomeMy WebLinkAbout2009-3177 - Ordinance - 04/23/2009ORDINANCE NO. 3177
AN ORDINANCE AMENDING CHAPTER 11, "UTILITIES ", 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, "UTILITIES ", 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 23rd day of APRIL 2009.
APPROVED:
ATTEST:
Cit�y'Secrefary
APPROVED:
Cxity Ntforneyd'
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ORDINANCE NO. 3177
EXHIBIT "A"
Page 2
That Chapter 11, "UTILITIES ", Section 9, "DROUGHT CONTINGENCY PLAN ", of the Code
of Ordinances of the City of College Station, Texas, is hereby amended, in its entirety 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 the most beneficial use possible. The Plan also
requires that the waste, unreasonable use, or unreasonable method of use of water be prevented, and
that conservation of water be extended with a view to reasonable and beneficial use in the interests of
public health and welfare of the College Station community. 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 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 shall have the authority to initiate or terminate drought stages or water
supply emergency response measures as described in this Plan.
C. PUBLIC EDUCATION
The City will periodically provide the public with information about the Plan, including information about
the conditions under which each stage of the Plan is to be initiated or terminated and the drought
response measures to be implemented in each stage. This information will be provided by means of
press releases, utility bill inserts, public events, and similar methods.
D. APPLICATION
The provisions of this Plan shall apply to all customers obtaining water service from the City of College
Station. Utilization of a water source other than City potable water is exempt from the provisions of
this Plan.
E. PERMANENT WATER RESTRICTIONS
This section establishes permanent water conservation regulations and applies year -round regardless
of Drought Stage.
(1) Landscape irrigation using automatic in- ground or hose -end sprinkler systems is prohibited
between the hours of 10:00 a.m. and 6:00 P.M.
(2) The time restrictions do not apply to:
(a) The irrigation of commercial plant nurseries.
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(b) Irrigation using reclaimed water or other non - potable water sources.
(c) New landscape installation during planting and the first ten days after planting.
(d) The testing of new irrigation systems or existing irrigation systems being tested or under
repair.
(e) Irrigation using a hand -held bucket or hose equipped with a positive pistol grip nozzle,
pressure - washing system, or other device that automatically shuts off water flow when the
hose is not being held by the water user,
(f) Irrigation by drip irrigation or soaker hoses
(3) The following uses constitute a waste of water and are prohibited:
(a) Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard -
surfaced areas except with a pressure - washing system or to alleviate immediate health or
safety hazards.
(b) Allowing water to run off a property or allowing water to pond in the street or parking lot.
(c) Operating an irrigation system with sprinkler heads that are broken or out of adjustment.
(d) Failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s).
(4) Ornamental fountains or ponds for aesthetic or scenic purposes must be equipped with a
recirculation device. This restriction does not apply to ornamental fountains or ponds that use
reclaimed water, non - potable water, or water provided by sources other than the City.
(5) Use of water for the irrigation of golf course greens, tees, and fairways is permitted only on
designated watering days. Such irrigation shall only occur from 12:00 midnight to 10:00 A.M.
and from 6:00 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.
F. TRIGGER CONDITIONS
Daily water demand will be monitored for emergency conditions by the City. 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, on recommendation of College Station Utilities, 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 each stage of the Plan.
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) Staae 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 herein in Responses
to Trigger Conditions, Stage 1, each year from May 1 through September 30.
(b) Reauirements for termination — Stage 1 of the Plan may be rescinded at any time by the City
Manager.
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(2) Stacie 2 — Hiah Water Demand
(a) Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions on non - essential water uses, as outlined herein in Responses to Trigger
Conditions, Stage 2, when:
(i) Average daily water consumption for three (3) consecutive days reaches 90% of
production /distribution capacity of the City water system;
and
(ii) Consideration of weather conditions for drought classification determination includes
predictions of dry periods.
or
(iii) Emergency water supplied to the City of College Station by contractual agreement
through system interconnections 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
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.
(3) Stacie 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 herein in Responses to Trigger
Conditions, Stage 3, when:
(i) The City average daily water consumption for three (3) consecutive days reaches 95% of
production /distribution capacity of the system, or the City 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
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.
(4) Staae 4 — Water SUDDIv Emeraencv
(a) Requirements for initiation - Customers shall be required to comply with the requirements and
restrictions on non - essential water uses, as outlined herein in Responses to Trigger
Conditions, Stage 4, when:
(i) The City water system is contaminated whether accidentally or intentionally. A Water
Supply Emergency condition is reached immediately upon detection.
or
(ii) The City water system fails for any reason. A Water Supply Emergency condition is
reached immediately upon detection.
(b) Requirements for termination - Stage 4 of the Plan may be rescinded by the City Manager
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.
G. NOTIFICATION
Public Meeting — This Plan has been presented to the public at a formal public meeting.
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
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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.
When mandatory restrictions are enacted with the initiation of Stage 2, Stage 3, and /or Stage 4, the
Executive Director of TCEQ will be notified, at a minimum via telephone, within five (5) business days.
When any particular stage is rescinded, the Executive Director of TCEQ will again be notified, at a
minimum via telephone, within five (5) business days.
H. RESPONSES TO TRIGGER CONDITIONS
The City shall monitor water supply and /or demand conditions on a daily basis and, in accordance with
the triggering criteria set forth herein, shall determine that a voluntary, moderate or severe water
shortage condition exists and shall implement the following actions upon notice as provided herein:
(1) Stacie 1 - Voluntary Water Conservation
The goal for Stage 1 of the Plan is to raise public and customer awareness of water demand
conditions.
(a) Voluntary Water Use Measures: Water customers are requested to voluntarily limit non-
essential water use by practicing water conservation and reducing non - essential water uses,
defined in Part E (5) of this Plan.
(2) Stacie 2 — High Water Demand - Water Demand Exceeds 90% of Svstem 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 enacts Stage 2 the following water use restrictions shall apply
to all persons in addition to the Year -Round Water Use Restrictions in Paragraph (E):
(a) Water customers are required to participate in the Watering Schedule for non - essential water
use. Non - essential water use shall only occur on a designated outdoor watering day(s), which
will be no more than twice each week. The Watering Schedule will be determined and
distributed each year by the City.
(b) Non - essential water use is permitted:
(i) From midnight to 10:00 A.M. and from 6:00 P.M. to midnight on a customer's designated
watering day.
(ii) 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:
(i) The irrigation of commercial plant nurseries.
(ii) Irrigation using reclaimed water.
(iii) New landscape installation during planting and the first ten days after planting.
(iv) 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:
(i) On designated watering days, from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to
12:00 midnight.
(ii) 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.
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(iii) The washing of individual vehicles may be done at any time on the immediate premises of
a commercial car wash or commercial service station.
(iv) 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
10:00 A.M. and from 6:00 P.M. 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.
(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 may be allowed when a variance has been
approved by the City Manager.
(i) Use of water for the irrigation of golf course greens, tees, and fairways is permitted only on
designated watering days. Such irrigation shall only occur from 12:00 midnight to 10:00 A.M.
and from 6:00 P.M. 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.
Q) 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:
(i) Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard -
surfaced areas except with a pressure- washing system or to alleviate immediate health or
safety hazards.
(ii) Use of water for dust control.
(iii) Allowing water to run off a property or allowing water to pond in the street or parking lot.
(iv) Operating an irrigation system with sprinkler heads that are broken or out of adjustment.
(v) Failure to repair a controllable leak(s) within a reasonable period after having been given
notice directing the repair of such leak(s).
(vi) 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.
(3) Stage 3 — Severe Water Shortage - Water Demand Exceeds 95% of Svstem 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 enacts Stage 3 the following water use restrictions shall apply
to all persons:
(a) Supply Manacement Measures — The City will cease the flushing of water mains except when
necessary to maintain public health, safety, and welfare. All City departments will discontinue
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irrigating public landscaped areas except when such areas are irrigated with reclaimed water,
or water source other than that provided by the City.
(b) Water Use Restrictions — All requirements of Stage 2 shall remain in effect during Stage 3,
with these additional water use restrictions:
(i) Non - essential water use is restricted to use of hand -held buckets, or 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. Such water use may occur
only between the hours of 6:00 a.m. to 10:00 A.M. and 6:00 P.M. to 10:00 P.M. on
designated non - essential water use days. The use of permanently installed irrigation
systems, drip irrigation systems, and hose end irrigation is prohibited.
(ii) 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.
(iii) Commercial plant nurseries may use only hand -held buckets, or 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.
(iv) The filling, refilling, or adding of potable water to swimming or wading pools is prohibited.
(v) No new landscapes of any type may be installed.
(c) All variances granted under a previous stage shall be invalid during Stage 3. The use of
water under variances granted by the City Manager is to be discontinued.
(4) Stage 4 — Water Supply Emeruencv,
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 has the authority to
initiate the following Water Supply Emergency Responses:
(a) The City Manager 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 non - essential 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, upon recommendation of College Station Utilities, may order
water rationing and /or terminate service to selected users of the system in accordance with
the following sequence:
(i) Recreational users,
(ii) Commercial users,
(iii) School users,
(iv) Residential users, and
(v) 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
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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 City may seek assistance through the local and /or State Emergency Management
Program.
I. VARIANCES
The City Manager 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:
(1) 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.
(2) Alternative methods can be implemented which will achieve the same level of reduction in water
use.
(3) Persons requesting an exemption from the provisions of this Ordinance shall file a petition for
variance with the City. All petitions for variances shall be reviewed by the City Manager 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,
(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.
(4) Variances granted by the City Manager shall be subject to the following conditions, unless waived
or modified:
(5) Variances granted shall include a timetable for compliance, and
(6) Variances granted in a particular stage shall expire upon advancing to a more restrictive stage of
the Plan.
(7) 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.
(8) Variances granted may be revoked by the City Manager if the petitioner fails to meet specific
requirements set forth in the variance.
(9) No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the
issuance of the variance.
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WHOLESALE 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 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.
The pro rata basis for water allocation to wholesale customers will be made in accordance with the
Texas Water Code §11.039 and as specified in 30 Texas Administrative Code §288.22(a)(7).
K. ENFORCEMENT
(1) No person shall allow potable water from the City to be used for residential, commercial,
industrial, agricultural, 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 stage in effect at the time pursuant
to action taken by the City Manager in accordance with provisions of this Plan.
(2) If a person is convicted of three or more distinct violations of this Plan, the City 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 hearing before the City
Manager. 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 TCEQ Commission Rules located in
the 30 Texas Administrative Code §291.88(a), as it currently exists or as amended from time to
time. If after such hearing, the City Manager determines that service will be terminated, services
discontinued under such circumstances shall be restored only upon payment of the reconnection
charge, as established in Section 1 of this Chapter, and any other costs incurred by the City in
discontinuing service. In addition, suitable assurance must be given to the City Manager, 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.
L. PRESUIMP - 1 - I01 1 4S
(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.
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