Loading...
HomeMy WebLinkAboutORD 01-058 ORDINANCE NO. 01-058 ENTITLED AN ORDINANCE ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont, Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; WHEREAS, the City recognizes that natural limitations due to drought conditions and other acts of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS, as authorized under law, and in the best interests of the citizens of Beaumont, Texas, the Beaumont City Council (governing body) deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: 1 of 23 Section 1. THAT Chapter 28 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new section 28-58 to read as follows: 28-58. DROUGHT CONTINGENCY A. Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Beaumont hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section P. of this Plan. B. Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Beaumont by means of providing a public meeting to provide opportunity to allow public input. The meeting was publicly announced through the Beaumont Enterprise. 2 of 23 The notice for the meeting was posted at City Hall 801 Main St. and the meeting was held July 31, 2001. C. Public Education The City of Beaumont 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 television announcements, press releases and utility bill flyers. D. Coordination with Regional Water Planning Groups The service area of the City of Beaumont is located within the Region I, regional water planning area and City of Beaumont has provided a copy of this Plan to Region I. E. Authorization The city manager, or his/her designee 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, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. 3 of 23 F. Application The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the City of Beaumont. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. G. Definitions For the purposes of this Plan, the following definitions shall apply: 1. Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. 2. Commercial and institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. 3. 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. 4. Customer: any person, company, or organization using water supplied by the City of Beaumont. 4 of 23 5. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. 6. Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. 7. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. 8. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. 9. 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 landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan; (b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; 5 of 23 (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard- surfaced areas; (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 indoor or outdoor 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 (1) use of water from hydrants for construction purposes or any other purposes other than fire fighting. 10. Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. H. Criteria for Initiation and Termination of Drought Response Stages The city manager, or his/her designee shall monitor water supply and/or demand conditions on a daily basis and shall determine when 6 of 23 conditions warrant initiation or termination of each stage of the Plan, that is, when the specified "triggers" are reached. The triggering criteria described below are based on known system capacity limits. Future improvements to the City of Beaumont's water system will increase capacity and this plan will be modified to reflect the system's upgraded capacity. 1. Stage 1 Triggers -- MILD Water Shortage Conditions (a) Requirements for initiation Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, defined in Section G. — Definitions, when total daily water demand equals or exceeds 37 million gallons for 3 consecutive days or 38 million gallons on a single day (e.g., based on the "safe" operating capacity of water supply facilities). (b) Requirements for termination Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. 7 of 23 2. Stage 2 Triggers -- MODERATE Water Shortage Conditions (a) Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section I. of this Plan when the total daily water demand equals or exceeds 38 million gallons for 3 consecutive days or 39 million gallons on a single day (b) Requirements for termination Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 3. Stage 3 Triggers -- SEVERE Water Shortage Conditions (a) Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this Plan when the total daily water demand equals or exceeds 39 million gallons for 3 consecutive days or 40 million gallons on a single day 8 of 23 (b) Requirements for termination Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 4. Stage 4 Triggers -- CRITICAL Water Shortage Conditions (a) Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of this Plan when the total daily water demand equals or exceeds 40 million gallons for 3 consecutive days or 42 million gallons on a single day. (b) Requirements for termination Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 2 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 5. Stage 5 Triggers -- EMERGENCY Water Shortage Conditions (a) Requirements for initiation Customers shall be required to comply with the requirements and restrictions for Stage 5 of this Plan 9 of 23 when the city manager, or his/her designee, determines that a water supply emergency exists based on: 1. Majorwater line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or 2. Natural or man-made contamination of the water supply source(s). (b) Requirements for termination Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. I. Drought Response Stages The city manager, or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section H. of this Plan, shall determine that a m ild, moderate,severe, critical,emergency orwater shortage condition exists and shall implement the following notification procedures: 1. Notification of the Public (All Trigger Stages): The city manager or his/here designee shall notify the public by means of: (a) publication in a newspaper of general circulation, (The Beaumont Enterprise) 10 of 23 (b) public service announcements, (local television and radio stations) 2. Additional Notification: The city manager or his/ her designee shall notify directly, or cause to be notified directly, the following individuals and entities: (a) Mayor and members of the City Council and the City of Beaumont Fire Department (All Trigger Stages) (b) City and/or County Emergency Management Coordinator (Trigger stage 3 or above) (c) TNRCC(required when mandatory restrictions are imposed)(Triggers 4 & 5) (d) Major water users ( Trigger stage 3 and above) (e) Critical water users, i.e. hospitals, prisons, etc. (Trigger stage 3 and above) (f) Parks/street superintendents&public facilities managers(Any Trigger stage) J. Stage 1 Response -- MILD Water Shortage Conditions Goal: Achieve a voluntary 8 percent reduction in total water demand. Supply Management Measures: Reduced flushing of water mains Discontinue fire hydrant flushing 11 of 23 Voluntary Water Use Restrictions: (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundays and Thursdays for customers with a street address ending in an even number(0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number(1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m to midnight on designated watering days. (b) All operations of the City of Beaumont shall adhere to water use restrictions prescribed for Stage 2 of the Plan. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. K. Stage 2 Response -- MODERATE Water Shortage Conditions Goal: Achieve a 10 percent reduction in total water demand. Supply Management Measures: Reduce or discontinued flushing of water mains Discontinue fire hydrant testing Reduced or discontinued irrigation of public landscaped areas Implement measures to return all system components to full production capacity Water Use Restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons: 12 of 23 (a) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five(5)gallons or less, or drip irrigation system. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. 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 rises. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is 13 of 23 contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools,wading pools,or jacuzzi-type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. (d) 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. (e) Use of waterfrom 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 special permit from the City of Beaumont. (f) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the City of Beaumont, the facility shall not be subject to these regulations. 14 of 23 (g) All restaurants are prohibited from serving water to patrons except upon request of the patron. (h) The following uses of water are defined as non-essential and are prohibited: 1. wash down of any sidewalks, walkways, driveways, parking lots,tennis courts, or other hard-surfaced areas; 2. use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; and 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). L. Stage 3 Response -- SEVERE Water Shortage Conditions Goal: Achieve a 12.5 percent reduction in total water demand. Supply Management Measures: All measures described for Stage 2 Aggressively locate and repair major water main leaks and breaks Water Use Restrictions. All requirements of Stage 2 shall remain in effect during Stage 3 except: 15 of 23 (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times. (b) The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the City of Beaumont. M. Stage 4 Response --CRITICAL Water Shortage Conditions Goal: Achieve a 15 percent reduction in total water demand. Supply Management Measures: All measures described in Stages 2 and 3 Water Use Restrictions. All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except: (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times. 16 of 23 (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial carwash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 10 P.M. (c) The filling, refilling, or adding of water to swimming pools,wading pools, and jacuzzi-type pools is prohibited. (d) 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. (e) No application fornew,additional,expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. (f) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. 17 of 23 N. Stage 5 Response -- EMERGENCY Water Shortage Conditions Goal: Achieve a 30 percent reduction in total water demand. Supply Management Measures: All measures described in stages 2, 3, and 4 Water Use Restrictions. All requirements of Stage 2, 3, and 4 shall remain in effect during Stage 5 except: (a) Irrigation of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited. (c) All water usage except that required to protect the public health, safety, and welfare is prohibited. O: Enforcement 1. No person shall knowingly or intentionally allow the use of water from the City of Beaumont 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 drought response stage in effect at the time pursuant to action taken by the city manager, or his/her designee, in accordance with provisions of this Plan. 2. Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine of not less than two hundred fifty dollars ($250) and not more than two thousand 18 of 23 dollars ($2000). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the city manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a re- connection charge, hereby established at seventy five dollars ($75), and any other costs incurred by the City of Beaumont 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. 3. Any person, including a person classified as a water customer of the City of Beaumont, 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 19 of 23 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. 4. Any employee of the City of Beaumont, police officer, or other City of Beaumont employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in the City of Beaumont municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 10 days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in the City of 20 of 23 Beaumont municipal court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in the City of Beaumont municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in , municipal court before all other cases. P. Variances The city manager, or his/her designee, may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such 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: 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. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Beaumont within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following: 21 of 23 (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 Ordinance. (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) Other pertinent information. Variances granted by the City Manager shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee: 1. Variances granted shall include a timetable for compliance. 2. 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. 22 of 23 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 31'day of July 31, 2001. - Mayor- 23 of 23