(A) Introduction. The purpose of this drought contingency plan is as follows:
(1) To conserve the available water supply in times of drought and emergency.
(2) To maintain supplies for domestic water use, sanitation, and fire protection.
(3) To protect and preserve public health, welfare, and safety.
(4) To minimize the adverse impacts of water supply shortages.
(5) To minimize the adverse impacts of emergency water supply conditions.
(B) State requirements for drought contingency plans.
(1) This drought contingency plan is consistent with Texas Commission on Environmental Quality (TCEQ) guidelines and requirements for the development of drought contingency plans by public drinking water suppliers, contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code.
(2) TCEQ’s minimum requirements for drought contingency plans are addressed in the following subsections of this report:
(a) Section 288.20(a)(1)(A) - Provisions to Inform the Public and Provide Opportunity for Public Input - division (C) below.
(b) Section 288.20(a)(1)(B) - Provisions for Continuing Public Education and Information - division (D) below.
(c) Section 288.20(a)(1)(C) - Coordination with the Regional Water Planning Group - division (K) below.
(d) Section 288.20(a)(1)(D) - Criteria for Initiation and Termination of Drought Stages - division (F) below.
(e) Section 288.20(a)(1)(E) - Drought and Emergency Response Stages - division (F) below.
(f) Section 288.20(a)(1)(F) - Specific, Quantified Targets for Water Use Reductions - division (F) below.
(g) Section 288.20(a)(1)(G) - Water Supply and Demand Management Measures for Each Stage - division (F) below.
(h) Section 288.20(a)(l )(H) - Procedures for Initiation and Termination of Drought Stages - division (E) below.
(i) Section 288.20(a)(l)(I) - Procedures for Granting Variances - division (I) below.
(j) Section 288.20(a)(l)(J) - Procedures for Enforcement of Mandatory Restrictions - division (J) below.
(k) Section 288.20(a)(3) - Consultation with Wholesale Supplier - not applicable.
(l) Section 288.20(b) -Notification of Implementation of Mandatory Measures - division (E) below.
(m) Section 288.20(c) - Review and Update of Plan - division (L) below.
(C) Provisions to inform the public and opportunity for public input. The town provided opportunity for public input in the development of this drought contingency plan by the following means:
(1) Providing written notice of the proposed plan and the opportunity to comment on the plan by newspaper, posted notice, and notice on the town’s website, www.lakesidetexas.us on town marquee and in town newsletter.
(2) Making the draft plan available on town’s website, www.lakesidetexas.us.
(3) Providing the draft plan to anyone requesting a copy.
(4) Hold a public meeting at the town hall at the time of adoption.
(D) Provisions for continuing public education and information.
(1) The town will inform and educate the public about its drought contingency plan by the following means:
(a) Preparing a bulletin describing the plan and making it available at town hall and other appropriate locations.
(b) Making the plan to the public available through the town website at www. lakesidetexas.us.
(c) Including information about the drought contingency plan on the town website, www.lakesidetexas.us.
(d) Notifying local organizations, schools, and civic groups that town staff members are available to make presentations on the drought contingency plan (usually in conjunction with presentations on water conservation programs).
(2) At any time that the drought contingency plan is activated or the drought stage changes, the town will notify local media of the issues, the drought response stage, and the specific actions required of the public. The information will also be publicized on the town website, www.lakesidetexas.us and placed on the town’s marquee. Billing inserts will also be used as appropriate.
(E) Initiation of drought response stages.
(1) The Mayor or his or her official designee may order the implementation of a drought response stage or water emergency when one or more of the trigger conditions for that stage is met. The following actions will be taken when a drought stage is initiated:
(a) The public will be notified through local media.
(b) Wholesale customers (none at present) will be notified by telephone with a follow-up letter or fax.
(c) If any mandatory provisions of the drought contingency plan are activated, the town will notify the executive director of the TCEQ within five business days.
(2) For other trigger conditions, the Mayor or his or her designee may decide not to order the implementation of a drought response stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs.
(F) Termination of drought response stages.
(1) The Mayor or official designee may order the termination of a drought response stage or water emergency when the conditions for termination are met or at his or her discretion. The following actions will be taken when a drought stage is terminated:
(a) The public will be notified through local media.
(b) When any mandatory provisions of the drought contingency plan that have been activated are terminated, the town will notify the executive director of the TCEQ within five business days.
(2) The Mayor or his or her designee may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage.
(G) Drought and emergency response stages. The triggering criteria described below are based on a statistical analysis of the vulnerability of the water source under drought of record conditions as developed by the water provider, Tarrant Regional Water District (TRWD).
(1) Stage l, Mild.
(a) Triggering and termination conditions for Stage 1, Mild.
1. Requirements for initiation. Customers shall be requested to conserve water and adhere to the prescribed restrictions on certain water uses from May 1 until October 1 of each year.
2. Requirements for termination. Stage 1 of the plan shall remain in effect throughout the summer months.
(b) Goal for use reductions and actions available under Stage 1, Mild. The goal for the Stage 1 water use restriction is a 2% reduction in system demand compared to system demand prior to implementation of Stage 1.
(c) Stage 1, Mild, water shortage conditions.
1. Water customers are required to limit the irrigation of landscaped areas and lawn watering to Tuesday through Sunday. Customers with a street address ending in 0 thru 3 can water on Tuesdays and Fridays. Customers with street addresses ending with 4 thru 6 can water on Wednesdays and Saturdays and customers whose street address ends in 7 thru 9 can water on Thursdays and Sundays. On your provided day, lawn watering and irrigation of landscapes only between the hours of 6:00 pm to 10:00 a.m. designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet filled bucket or watering can of five gallons or less, or drip irrigation system.
2. All operations of the town shall adhere to water use restrictions prescribed for Stage 2 of the plan.
(d) Water customers are requested to practice water conservation and to minimize or discontinue water use for nonessential purposes.
(e) The goal for the Stage 1 water use restrictions is a 2% reduction in system demand compared to system demand prior to implementation of Stage 1.
(2) Stage 2, Moderate.
(a) Triggering conditions for Stage 2, Moderate.
1. Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses provided in this plan when conditions require the town to purchase water from the City of Azle for emergency water for four consecutive days or when demand exceeds 400,000 gallons for four consecutive days.
2. Requirements for termination. Stage 2 will remain in effect for 30 days when instituted or may be rescinded by the Mayor when all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
(b) Goal for use reduction and actions available under Stage 2, Moderate. The goal for the Stage 2 water use restriction is a 4% reduction in system demand compared to system demand prior to implementation of Stage 1.
(c) Stage 2, Moderate, water shortage conditions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
1. Water customers are required to limit the irrigation of landscaped areas and lawn watering to Tuesday through Sunday. Customers with a street address ending in 0 thru 3 can water on Tuesdays and Fridays. Customers with street addresses ending with 4 thru 6 can water on Wednesdays and Saturdays and customers whose street address ends in 7 thru 9 can water on Thursdays and Sundays. On your provided day, lawn watering and irrigation of landscapes only between the hours of 8:00 pm to 10:00 a.m. designated watering days. However, irrigation of landscaped areas is permitted at any time if it is by meaus of a hand-held hose, a faucet filled bucket or watering can of five gallons or less, or drip irrigation system.
2. 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 rinses. 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 contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
3. 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 8:00 p.m. and 12:00 midnight.
4. 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.
5. 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 special permit from the town.
6. All restaurants are prohibited from serving water to its patrons except when requested. The following uses of water are defined as nonessential and are prohibited:
A. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
B. Use of water to wash down buildings or structures for purposes other than immediate fire protection;
C. Use of water for dust control;
D. Flushing gutters or permitting water to run or accumulate in any gutter or street; and
E. Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).
(3) Stage 3, Severe.
(a) Triggering conditions for Stage 3, Severe.
1. Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 3 of this plan when daily demand exceeds 500,000 gallons for a period of four days.
2. Requirements for termination. Stage 3 will remain in effect for 30 days when instituted or may be rescinded by the Mayor when all of the conditions listed as triggering events have ceased to exist for a period of ten consecutive days. Upon termination of Stage 3, Stage 2 becomes operative.
(b) Goal for use reduction and actions available under Stage 3, Severe. The goal for the Stage 3 water use restriction is a 6% reduction in system demand compared to system demand prior to implementation of Stage 1.
(c) Stage 3, Severe, water shortage conditions. All requirements of Stage 2 shall remain in effect during Stage 3 except:
1. 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 8:00 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.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited. 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 contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
3. The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(4) Stage 4, Critical.
(a) Triggering conditions for Stage 4, Critical.
1. Requirements for initiation. Customers shall be required to comply with the requirements and restrictions on certain nonessential water uses for Stage 4 of this plan when conditions reach effective emergency demand or when daily demand exceeds 500,000 gallons for ten consecutive days.
2. Requirements for termination. Stage 4 will remain in effect for 30 days when instituted or may be rescinded when all of the conditions listed as triggering events have ceased to exist and the conditions which triggered the activation have ceased. Upon termination of Stage 4, Stage 3 becomes operative.
(b) Goal for use reduction and actions Available Under Stage 4, Critical. The goal for the Stage 4 water use restriction is a 10% reduction in system demand compared to system demand prior to implementation of Stage 1.
(c) Stage 4, Critical, water shortage conditions. All requirements of Stages 2 and 3 shall remain in effect during Stage 4 except:
1. 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.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited.
3. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is prohibited.
4. 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.
5. No applications for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved.
(5) Stage 5, Emergency.
(a) Triggering conditions for Stage 5, Emergency.
1. Requirements for initiation. Customers shall be required to comply with the requirements and restrictions for Stage 5 of this plan when the Mayor or his or her designee determines that a water supply emergency exists based on:
A. Major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service;
B. Natural or mairmade contamination of the water supply; or
C. When conditions specified by the wholesale water provider in their effective emergency demand management plan occur.
2. Requirements for termination. Stage 5 of the plan may be rescinded when all of the conditions listed as triggering events have ceased or when notification from the wholesale water provider has been received advising that the conditions which triggered the activation have ceased. Upon termination of Stage 5, Stage 4 becomes operative.
(b) Goal for use reduction and actions available under Stage 5, Emergency. The goal for the Stage 5 water use restriction is a 20% reduction in system demand compared to system demand prior to implementation of Stage 1.
(c) Stage 5, Emergency, water shortage conditions. All requirements of Stages 2, 3, and 4 shall remain in effect during Stage 5 except:
1. Irrigation of landscaped areas is absolutely prohibited.
(H) Water rationing. In the event that water shortage conditions threaten public health, safety, and welfare, the Mayor is hereby authorized to ration water according to the following plan:
(1) Single-family residential customers.
(a) The allocation to residential water customers residing in a single-family dwelling shall be as follows:
PERSONS PER HOUSEHOLD | GALLONS PER MONTH |
1 or 2 | 6,000 |
3 or 4 | 7,000 |
5 or 6 | 8,000 |
7 or 8 | 9,000 |
(b) HOUSEHOLD means the residential premises served by the customer’s meter. PERSONS PER HOUSEHOLD includes only those persons currently physically residing at the premises and expected to reside there for the entire billing period. It shall be assumed that a particular customer’s household is comprised of two persons unless the customer notifies the town of a greater number of persons per household on a form prescribed by the Mayor. The Mayor shall give his or her best effort to see that such forms are mailed, otherwise provided, or made available to every residential customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the town offices to complete and sign the form claiming more than two persons per household. New customers may claim more persons per household at the time of applying for water service on the form prescribed by the Mayor. When the number of persons per household increases so as to place the customer in a different allocation category, the customer may notify the town on such form and the change will be implemented in the next practicable billing period. If the number of persons in a household is reduced, the customer shall notify the town in writing within two days. In prescribing the method for claiming more than two persons per household, the Mayor shall adopt methods to ensure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of persons in a household or fails to timely notify the town of a reduction in the number of person in a household shall be fined not less than $200. Residential water customers shall pay one and one-half times the base rate for water used over the allocation limits.
(2) Master-metered multi-family residential customers. The allocation to a customer billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes) shall be allocated 6,000 gallons per month for each dwelling unit. It shall be assumed that such a customer’s meter serves two dwelling units unless the customer notifies the town of a greater number on a form prescribed by the Mayor. The Mayor shall give his or her best effort to see that such forms are mailed, otherwise provided, or made available to every such customer. If, however, a customer does not receive such a form, it shall be the customer’s responsibility to go to the town offices to complete and sign the form claiming more than two dwellings. A dwelling unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwelling units at the time of applying for water service on the form prescribed by the Mayor. If the number of dwelling units served by a master meter is reduced, the customer shall notify the town in writing within two days. In prescribing the method for claiming more than two dwelling units, the Mayor shall adopt methods to ensure the accuracy of the claim. Any person who knowingly, recklessly, or with criminal negligence falsely reports the number of dwelling units served by a master meter or fails to timely notify the town of a reduction in the number of persons in a household shall be fined not less than $200. Customers billed from a master meter under this provision shall pay one and one-half times the base rate for water used over the allocation limits.
(3) Commercial customers.
(a) A monthly water usage allocation shall be established by the Mayor, or his or her designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The nonresidential customer’s allocation shall be approximately 75% percent of the customer’s usage for corresponding month’s billing period for the previous 12 months. If the customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. The Mayor shall give his or her best effort to see that notice of each nonresidential customer’s allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s responsibility to contact the town to determine the allocation. Upon request of the customer or at the initiative of the Mayor, the allocation may be reduced or increased if:
1. The designated period does not accurately reflect the customer’s normal water usage;
2. One nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or
3. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
(b) A customer may appeal an allocation established hereunder to the City Council.
(c) Nonresidential commercial customers shall pay one and one-half times the base rate for water used over the allocation limits.
(4) Industrial customers.
(a) A monthly water usage allocation shall be established by the Mayor, or his or her designee, for each industrial customer, which uses water for processing purposes. The industrial customer’s allocation shall be approximately 90% of the customer’s water usage baseline. Ninety days after the initial imposition of the allocation for industrial customers, the industrial customer’s allocation shall be further reduced to 85% of the customer’s water usage baseline. The industrial customer’s water usage baseline will be computed on the average water usage for the 12-month period ending prior to the date of implementation of Stage 2 of the plan. If the industrial water customer’s billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. The Mayor shall give his or her best effort to see that notice of each industrial customer’s allocation is mailed to such customer. If, however, a customer does not receive such notice, it shall be the customer’s responsibility to contact the town to determine the allocation, and the allocation shall be fully effective notwithstanding the lack of receipt of written notice. Upon request of the customer or at the initiative of the Mayor, the allocation may be reduced or increased:
1. If the designated period does not accurately reflect the customer’s normal water usage because the customer had shutdown a major processing unit for repair or overhaul during the period;
2. If the customer has added or is in the process of adding significant additional processing capacity;
3. If the customer has shutdown or significantly reduced the production of a major processing unit;
4. If the customer has previously implemented significant permanent water conservation measures such that the ability to further reduce usage is limited;
5. If the customer agrees to transfer part of its allocation to another industrial customer; or
6. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions.
(b) A customer may appeal an allocation established hereunder to the City Council.
(c) Industrial customers shall pay one and one-half times the base rate for water used over the allocation limits.
(I) Procedure for granting variances to the plan.
(1) The Mayor, or his or 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:
(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 subchapter shall file a petition for variance with the town within five days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Mayor, or his or her designee, 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 subchapter.
(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.
(3) Variances granted by the town shall be subject to the following conditions, unless waived or modified by the Mayor or his or her designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements.
(4) No variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance.
(J) Procedure for enforcement of mandatory restrictions.
(1) No person shall knowingly or intentionally allow the use of water from the town 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 Mayor, or his or 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 $100 and not more than $500. 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 Mayor 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 reconnection charge, hereby established at $500, and any other costs incurred by the town in discontinuing service. In addition, suitable assurance must be given to the Mayor 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 town, 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 or 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 or she proves that he or 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 town, police officer, or other person designated by the Mayor, may issue a citation to a person he or she reasonably believes to be in violation of this subchapter. 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 or her to appear in the municipal court on the date shown on the citation for which the date shall not be less than three days nor more than five 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 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 municipal court, a warrant for his or 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.
(K) Coordination with the regional water planning group. The town is located within the Region C water planning area.
(L) Review and update of drought contingency plan. As required by TCEQ rules, the town will review this drought contingency plan every five years, beginning in May 2013. The plan will be updated as appropriate based on new or updated information. As the plan is reviewed and subsequently updated, a copy of the revised drought contingency plan will be submitted to the TCEQ, TRWD and the RCWPG for their records.
(Ord. 352, passed 6-13-2013) Penalty, see § 50.999