The Mayor, or his/her designee, shall monitor water and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth in § 51.08 shall determine that a mild, moderate, critical, emergency or water shortage condition exists and shall implement the following notification procedures:
(A) Notice requirements. Written notice will be provided to each customer prior to implementation or termination of each stage of the water restriction program. Mailed notice must be given to each customer 72 hours prior to the start of water restriction. If notice is hand delivered, the utility cannot enforce the provisions of the plan for 24 hours after notice is provided. The written notice to customers will contain the following information:
(1) The date restrictions will begin;
(2) The circumstances that triggered the restrictions;
(3) The stages of response and explanation of the restrictions to be implemented; and
(4) An explanation of the consequences for violations.
(B) (1) Notification of the public. The Mayor or his/her designee shall notify the public by means of publication in a newspaper of general circulation.
(2) The utility must notify the TCEQ by telephone at (512) 239-4691, or electronic mail at watermon@tcetJ.state.tx.us prior to implementing Stage 3 and must notify in writing: The Public Drinking Water Section at MC-155, P.O. Box 13087, Austin, Texas 78711-3087 within five working days of implementation including a copy of the utility’s restriction notice. The utility must file a status report of its restriction program with the TCEQ at the initiation and termination of mandatory water use restrictions (i.e., Stages 3 and 4).
(C) Stage 1 response - MILD water shortage conditions.
(1) Goal. Achieve a voluntary 5% reduction in daily water demand.
(2) Supply management measure. Reduced or discontinued flushing of water mains, and activation and use of an alternative supply source.
(3) Voluntary water use restrictions.
(a) Water customers are requested to voluntary 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, 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7, 9), and to irrigate landscapes only between the hours of 12:00 midnight and 10:00 a.m. and 8:00 p.m. to 12:00 midnight on designated watering days.
(b) All operations of the city 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.
(D) Stage 2 response - MODERATE water shortage conditions.
(1) Goal. Achieve a 10% reduction in daily water demand.
(2) Supply management measures. Reduced or discontinued flushing of water mains reduced or discontinued irrigation of public landscaped areas; and use of an alternative supply source.
(3) Water use restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons:
(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 an even number (0, 2, 4, 6, 8), and Saturdays and Wednesdays for customers with a street address ending in an odd number (1, 3, 5, 7, 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 any time if it is by means of a handheld hose, a faucet filled bucket or watering can of five 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 handheld bucket or a handheld hose equipped with a positive shut off 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.
(c) Use of water to fill, refill, or add to any indoor or outdoor swimming 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.
(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 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 hydrants for construction purposes may be allowed under special permit from the city.
(f) Use of water for irrigation of golf course greens, tees, and fairways 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. However, if the golf course utilizes water source other than that provided by the city the facility shall not be subject to these regulations.
(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 structure 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).
(E) Stage 3 responses - SEVERE water shortage conditions.
(1) Goal. Achieve a 15% reduction in daily water demand.
(2) Supply management measures. Reduce or discontinued flushing of water mains, reduced or discontinued irrigation of public landscaped areas; and use of an alternative supply source.
(3) Water use restrictions. All requirements of Stage 2 shall remain in effect during Stage 3 except:
(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 8:00 p.m. and 12:00 Midnight and shall be by means of handheld hoses, handheld 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.
(c) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued.
(F) Stage 4 responses - CRITICAL water shortage conditions.
(1) Goal. Achieve a 20% reduction in daily water demand.
(2) Supply management measures. Reduce or discontinued flushing of water mains, reduces or discontinued irrigation of public landscaped areas, and use of an alternative supply source.
(3) Water use regulations. 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 a handheld hose, handheld buckets, or drip irrigation only. The use of hose end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle not occurring on the premises of a commercial car wash 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 10:00 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 fountain or ponds are equipped with recirculation systems.
(e) No application 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 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.
(G) Stage 5 responses - EMERGENCY water shortage conditions.
(1) Goal. Achieve a 25% reduction in daily water demand.
(2) Supply management measures. Reduced or discontinued flushing of water mains reduced or discontinued irrigation of public landscaped areas; and use of an alternative supply source.
(3) 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; and
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle is absolutely prohibited.
(H) Stage 6 responses - WATER ALLOCATION. In the event that water shortage conditions threaten public health, safety, and welfare, the Mayor is hereby authorized to allocate water according to the following water allocation 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
|
1-2 | 6,000 |
3-4 | 7,000 |
5-6 | 8,000 |
7-8 | 9,000 |
9-10 | 10,000 |
11-or more | 12,000 |
(b) HOUSEHOLD means the residential premises served by the customer’s meter. PERSONS PER HOUSEHOLD includes 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 city of a greater number of persons per household on a form prescribed by the Mayor. The Mayor shall give his/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 city offices to complete and sign the form claiming more than two persons per household. New customers may claim more persons per household at time of applying for water service on the form prescribed by the Mayor. When the number of persons per household increases as to place the customer in a different allocation category, the customer may notify the city on such form and the change will be implemented in the next practicable billing period. If the number of persons in household is reduced, the customer shall notify the city, 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 persons in a household or fails to timely notify the city of a reduction in the number of persons in a household shall be fined not less than $200.00.
(c) Residential water customers shall pay the following surcharges. Surcharges shall be cumulative:
1. $5.00 for the first 1,000 gallons over allocation.
2. $4.00 for the second 1,000 gallons over allocation.
3. $4.00 for the third 1,000 gallons over allocation.
4. $2.50 for each additional 1,000 gallons over allocation.
(2) Master-metered multi-family residential customers.
(a) 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 city of a greater number on a form prescribed by the Mayor. The Mayor shall give his/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 city 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 time of applying for water service on the form prescribed by the Mayor. If the number of dwelling units served by master meter is reduced, the customer shall notify city 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 city of a reduction in the number of persons in a household shall be fined not less than $200.00.
(b) Customers billed from a master meter under this provision shall pay the following surcharges. Surcharges shall be cumulative:
1. $5.00 for 1,000 gallons over allocation up through 1,000 gallons for each dwelling unit.
2. $4.00 thereafter for each additional 1,000 gallons over allocation up through a second 1,000 gallons for each dwelling unit.
3. $4.00 thereafter for each additional 1,000 gallons over allocation up through a third 1,000 gallons for each dwelling unit.
4. $2.50 thereafter for each additional 1,000 gallons over allocation.
(3) Commercial customers.
(a) A monthly water allocation shall be established by the Mayor, or his/her designee, for each nonresidential commercial customer other than an industrial customer who uses water for processing purposes. The non-residential customer’s allocation shall be approximately 75% of the customer’s usage for corresponding months 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. Provided, however, customers 50% of whose monthly usage is less than 10,000 gallons, shall be allocated 7,500 gallons. The Mayor shall give his/her best effort to see that a notice of each non-residential 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 city 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 customers normal water usage, (2) one non-residential customer agrees to transfer part of its allocation to another designated allocation is inaccurate hereunder to the City Council.
(b) Non-residential commercial customers shall pay the following surcharges. The surcharge shall be cumulative. As used herein, BLOCK RATE means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation:
1. Customers whose allocation is 7,500 gallons through 10,000 gallons per month:
a. $3.00 per thousand gallons for first 1,000 gallons over allocation.
b. $3.00 per thousand gallons for the second 1,000 gallons over allocation.
c. $2.00 per thousand gallons for the third 1,000 gallons over allocation.
d. $1.50 per thousand gallons for each additional 1,000 gallons over allocation.
2. Customers whose allocation is 20,000 gallons per month or more:
a. Two times the block rate for each 1,000 gallons in excess of the allocation up through 5% above allocation.
b. Two times the block rate for each 1,000 gallons from 5% through 10% above allocation.
c. Two times the block rate for each 1,000 gallons from 10% through 15% above allocation.
d. Two times the block rate for each 1,000 gallons more than 15% above allocation.
(4) Industrial customers.
(a) A monthly water allocation shall be established be the Mayor or his/her designee, for each industrial customer, which uses water for processing purposes. The industrial customers allocation shall be approximately 90% of the customers water usage baseline. Ninety days after the initial imposition of the allocation for industrial customer allocation shall be further be reduced to 85% of the customer’s water usage baseline. The industrial customer’s water use baseline will be computed on the average water use for the 12-month period ending prior to the date of implementation of Stage 2 of the plan. If the industrial water customers 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/her best effort to see that notice of each industrial customer’s allocation is mailed to such customer. However, if a customer does not receive such notice, it shall be the customer’s responsibility to contact the city 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 use because the customer had not accurately reflect the customer’s normal water use because the customer had shut down a major processing unit for repair or overhaul during the period, (2) the customer has added or in the process of adding significant additional processing capacity, (3) the customer has shut down or significantly reduce the production of major processing unit, (4) the customer has previously implemented significant permanent water conservation measures such that the ability to further reduce water use is limited, (5) 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. A customer may appeal an allocation established here to the City Council.
(b) Industrial customers shall pay the following surcharges The surcharge shall be cumulative. As used herein, BLOCK RATE means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer’s allocation:
1. Customers whose allocation is 20,000 gallons through 40,000 gallons per month:
a. $2.00 per thousand gallons for the first 1,000 gallons over allocation.
b. $2.00 per thousand gallons for the second 1,000 gallons over allocation.
c. $2.00 per thousand gallons for the third 1,000 gallons over allocation.
d. $1.50 per thousand gallons for each additional 1,000 gallons over allocation.
2. Customers whose allocation is 40,000 gallons per month or more:
a. Two times the block rate for each 1,000 gallons in excess of the allocation up through 5% above allocation.
b. Two times the block rate for each 1,000 gallons from 5% through 10% above allocation.
c. Two times the block rate for each 1,000 gallons from 10% through 15% above allocation.
d. Two times the block rate for each 1,000 gallons more then 15% above allocation.
(Ord. 2021-1020, passed 10-18-2021)