(A) The utility may grant any customer an exemption or variance from the drought contingency plan for good cause upon written request. A customer who is refused an exemption or variance may appeal such action of the utility in writing to the Texas Commission on Environmental Quality. The utility will treat all customers equally concerning exemptions and variances and shall not discriminate in granting exemptions and variances. The Mayor, or his/her designee, may in writing grant temporary variance for existing water uses otherwise prohibited under the 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 are met:
(1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other conditions for which the plan is in effect.
(2) Alternate methods can be implemented which will achieve the same level of reduction in water use.
(B) Persons requesting an exemption from the provisions of this chapter shall file a petition for variance with the City of Redwater, Texas within five days after the plan or a particular drought response stage has been invoked. All petitioners for variances shall be reviewed by the Mayor, or his/her designee, and shall include the following:
(1) Name and address of the petitioner(s).
(2) Purpose of water use.
(3) Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) 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 chapter.
(5) Description of the relief requested.
(6) Period for which the variance is sought.
(7) 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.
(8) Other pertinent information.
(C) No variance shall be retroactive or otherwise justify any violation of the plan occurring prior to the issuance of the variance. Variances granted by the city shall be subject to the following conditions, unless waived or modified by the Mayor or his/her designee:
(1) Variances granted shall include a timetable for compliance; and
(2) Variances granted shall expire when the plan is no longer in effect unless the petitioner has failed to meet specified requirements.
(Ord. 2021-1020, passed 10-18-2021)