DROUGHT CONTINGENCY
PLAN
FOR
THE
CITY OF
THROCKMORTON
FEBRUARY
2004
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 Throckmorton hereby adopts the
following regulation and restrictions on the delivery and consumption of
water.
Water uses regulated or
prohibited under this Drought Contingency Plan (the plans) 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 XI of this
Plan.
Opportunity for the public
to provide input the preparation of the Plan was provided by the City of
Throckmorton by means of a Public Meeting notice prior to the
meeting.
The
City of Throckmorton 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. The information will be provided by means of press
releases or utility bill inserts.
The
service area of the City of Throckmorton is located within the Region G Regional
Water Planning Area, and the City of Throckmorton has provided a copy of this
Plan to the Regional G Water Planning Group.
The
Public Works Director, 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
Public Works Director, 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.
The
provisions of this Plan shall apply to all persons, customers, and property
utilizing water provided by the City of Throckmorton. The terms “person” and
“customer” as used in the Plan include individuals, corporations, partnerships,
associations, and other legal entities.
For
the purposes of this Plan, the following definitions shall
apply:
Aesthetic water
use: water use for ornamental or decorative
purposes such as fountains, reflecting pools, and water
gardens.
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.
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.
Customer: any person, company, or
organization using water supplied by the City of
Throckmorton.
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.
East of Minter:
All
Residences located east of Minter Ave.
Industrial water use:
the use of
water in processes designed to convert materials of lower value into forms
having greater usability and value.
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 right-of ways and medians.
Non-essential water use:
water uses
that are not essential nor required for the protection of the 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;
(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
(i)
use of water from hydrants
for construction purposes or any other purposes other than
fighting.
West of
Minter: All Residences located west
of Minter Ave.
Section VIII: Triggering Criteria for Initiation and
Termination of Drought Response Stages
The Director of Public
Works, or his/her designee, shall monitor water supply and/or demand conditions
on a weekly basis and shall determine when conditions warrant initiation or
termination of each stage of the Plan. Public notification of the initiation or
termination of drought response stages shall be by means of publication in a
newspaper of general circulation, direct mail to each customer, or signs posted
in public places, as appropriate to the situation and on the City
website.
The
triggering criteria described below are based on the ability of the City of
Throckmorton to deliver treated water to the customers. Other than in cases of
catastrophic failure of contamination of part or all of the system, the limiting
factor is the capacity of.
(a)
Stage 1 – Mild Water
Shortage Conditions
Requirements for initiation
– Customers shall be requested to voluntarily conserve water and adhere to the
prescribed restrictions on certain water uses, defined in Section VII for stage
1 of this Plan when the Lake Throckmorton level falls to 44% capacity level or
seven (7) feet below the emergency spillway elevation.
Requirements for termination
–Stage 1 of
the Plan may be rescinded when Lake Throckmorton level rises to 50% capacity
level or 6 feet below the emergency spillway elevation for seven (7) consecutive
days.
(b)
Stage 2 – Moderate Water
Shortage Conditions
Achieve a twenty (20) %
reduction in total water use.
All
requirements of Stage 1 shall remain in effect during Stage 2. Under threat of
penalty for violation, the following water restrictions shall also apply to all
persons:
The
irrigations of lawns, gardens and golf courses by the use of Water from Lake
Throckmorton shall be limited as follows:
(A) All outdoor irrigation
hose-end sprinklers, soaker hoses, or drip irrigation may occur only the hours
of 12:00 midnight to 10:00 AM on a designated outdoor water use day, which will
be once every five days. All outside irrigation of vegetation by permanently
installed automatic irrigation systems may occur only between the hours of 12:00
midnight to 10:00 AM on designated outdoor water use days. Irrigation by
hand-held hoses or hand-held buckets is permitted anytime. The time restrictions
do not apply to the irrigation of commercial plant nurseries; however, the
establishments shall curtail all nonessential water use.
(B) The washing of automobiles,
trucks, boats, airplanes, or other types of mobile equipment is prohibited
except on designated outdoor water use days between the hours of 12:00 midnight
to 10:00 AM and 7:00 PM to midnight. The washing, when allowed, must be done
with a hand-held bucket or a hand-held hose equipped with a positive shutoff
nozzle for quick rinses. The washes of each individual automobile, truck,
trailer, boat, airplane, or any other type of mobile equipment in violation of
the terms and conditions of this restriction constitutes a separate violation
under this article. However, this restriction does not apply to the washing of
vehicles or mobile equipment when conducted on the immediate premises of a
commercial car wash or a commercial service station. Furthermore, this
restriction does not apply to the washing of automobiles, trucks, trailers,
boats, airplanes, and other types of mobile equipment when the washing is
necessary on a more regular and frequent basis in order to protect the health,
safety and welfare of the public. Charity car washes are prohibited.
Requirements for
initiation - Customers shall be required
to comply with the requirements and restrictions on certain non-essential water
uses provided in Section VII of this Plan when the level of Lake Throckmorton
falls to 32% capacity level or 9 feet below the emergency spillway
elevation.
Requirements for termination
– Stage 2
of the Plan may be rescinded when the level of Lake Throckmorton rises to 38%
capacity level or 8 feet below the emergency spillway elevation. Upon
termination of Stage 2, 1 becomes operative.
© Stage 3 – Severe Water Shortage Conditions
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 level of Lake Throckmorton falls to 22% capacity
level or 11 feet below emergency spillway elevations.
Requirements for
termination
– Stage 3 of the Plan may be rescinded when the level of Lake Throckmorton rises
to 26% capacity level or 10 feet below the emergency spillway elevation. Upon
termination of Stage3, Stage 2 becomes operative.
(c)
Stage 4 – Critical Water
Shortage Conditions
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 level of
Lake Throckmorton falls to 40% capacity level or 13 feet below the emergency
spillway elevation, and Lake Graham falls below 40% capacity
level.
Requirements for
termination
– Stage 4 of the Plan may be rescinded when the level of Lake Throckmorton rises
to 11 feet below the emergency spillway elevation and/or Lake Graham rises to
1063.00. Upon termination of Stage4, Stage 3 becomes
operative.
(d)
Stage 5 – Emergency Water
Shortage Conditions
Requirements for
initiation
– Customers shall be required to comply with the requirements and restrictions
for Stage 5 of this Plan when the Director of Public Works, or his/her designee,
determines that a water supply emergency exists based on:
1.
Major water line breaks, or
pump 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.
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.
The
Director of Public Works, 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 VIII of the Plan, shall determine that a mild,
moderate, severe, critical, or emergency condition exists and shall implement
the following actions upon publication of notice in a newspaper of general
circulation:
Goal: Achieve a voluntary 5 percent reduction
in total water use.
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 on the east side of Minter Ave. or (183/283) and Saturdays
and Wednesdays for water customers with a
street address on the west side of
Minter Ave. (183/283), 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 Throckmorton 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.
Stage 2 – Moderate Water Shortage Conditions
Goal: Achieve a 25 percent
reduction in total water use.
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 on the east side
of Minter Ave (183/283), and
Saturdays and Wednesdays for water customers with a street address on the west
side of Minter Ave. (183/283), 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 rinses. Vehicle washing may be done at any time on the
immediate premise 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,
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.
(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 recirculating 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 fire hydrants for construction purposes may be
allowed under
special permit from the City of Throckmorton.
(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 8:00 p.m. and 12:00 midnight. However, if the golf
course utilizes
a water source other than that provided by the City of
Throckmorton,
the facility shall not be subject to these regulations.
(G) All restaurants are
prohibited from serving water to its patrons except when
requested.
(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).
Goal: Achieve a 35 percent reduction in total water
use.
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 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
is prohibited unless the golf course utilizes a water
source other than that provided by the City of
Throckmorton.
(C) The use of water for
construction purposes from designated fire hydrants under
special permit is to be
discontinued.
Goal: Achieve a 50 percent reduction in total
water use:
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.
(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 fountains or ponds are equipped
with a circulating system.
(E) 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.
Stage 5 – Emergency Water Shortage
Conditions
Goal: Achieve a 60 percent reduction in total
water use:
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.
Section X: Water
Rationing
In the event that water
shortage conditions threaten public health, safety, and welfare, the
Director of Public Works is hereby authorized to
ration water according to the following
water allocation
plan:
Single-Family Residential Customers
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
9 or 10
10,000
11 or more
12,000
“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 (2) persons
unless the
customer notifies the City of Throckmorton of a greater number of persons
per
household on a form prescribed by the Director of Public Works. The
Director of
Public Works 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
of Throckmorton offices to complete and sign the form claiming more than
two (2)
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 Director
of Public
Works.
When the number of persons per household increases so as to place the
customer in a
different allocation category, the customer may notify the City of
Throckmorton 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 City of
Throckmorton in writing within two (2) days. In prescribing the method
for claiming
more than two (2) persons per household, the City Secretary shall adopt
methods to
insure 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 City of Throckmorton of a reduction in the number of
persons in a
household shall be fined not less than $25.00. Residential water
customers shall pay
the following surcharges:
$10.00 for the first 1,000 gallons over allocation.
$25.00 for the second 1,000 gallons over
allocation.
$75.00
for the third 1,000 gallons over allocation.
$100.00 for each additional 1,000 gallons over
allocation.
Surcharges shall be cumulative.
Commercial Customers
A
monthly water usage allocation
shall be established by the Director of Public Works,
or his/her designee, for
each nonresidential commercial customer other than the
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 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.
Provided, however, a
customer, whose monthly usage is less than 1000 gallons, shall
be
allocated 750 gallons. The Director of Public Works shall give his/her best
effort to
see that 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 of Throckmorton to determine the
allocation. Upon
request of the customer or at the initiative of the Director of Public
Works, 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. A customer may appeal an allocation established hereunder to
the Mayor
and City Council. Nonresidential commercial customers shall pay the
following
surcharges:
$20.00 per thousand gallons for the first 1,000 gallons over
allocation.
$50.00 per thousand gallons for the second 1,000 gallons over
allocation.
$150.00 per thousand gallons for the third 1,000 gallons over
allocation.
$200.00
per thousand gallons for each additional 1,000 gallons over
allocation.
The surcharges shall be cumulative.
Section XI:
Enforcement
(A) No person shall knowingly or
intentionally allow the use of water from the City
of Throckmorton 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 Director of Public Works, or his/her designee, in accordance with
provisions of this Plan.
(B) Any person who violates this
Plan is guilty of a misdemeanor and, upon
Conviction shall be punished
by a fine of not less than twenty five dollars ($25.00) and not more than one
hundred dollars ($100.00). 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 Director of Public Works
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 $50.00, and any other costs incurred by the City of
Throckmorton in discontinuing service. In addition, suitable assurance must be
given to the Director of Public Works 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.
(C) Any person, including a
person classified as a water customer of the City of
Throckmorton 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 rebuttal 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 violation, committed by a child, occurred on property
within the
parents’ control shall constitute a rebuttal 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.
(D)Any employee of the City
of Throckmorton, police officer, or other employee
Designated by the Director
of Public Works, may issue 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 Justice of Peace
court on the date shown on the citation for which the date shall not be less
than 3 days nor more than 5 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 Justice of Peace court to enter a plea of guilty or not guilty for the
violation of this Plan. If the alleged violator fails to appear in Justice of
Peace 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 Justice of Peace court before all other
cases.
The
Director of Public Works, 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:
(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.
Persons requesting an exemption from the provisions of this Ordinance
shall file a petition
for
variance with the City of Throckmorton within 5 days after the Plan or a
particular
drought response stage has been invoked. All petitions for variances
shall be reviewed by the
Director of Public Works, or his/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 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 of Throckmorton shall be subject to the following
conditions,
unless waived or modified by the Director of Public Works or his/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.
No variance shall be retroactive or otherwise justify any violation of
this Plan occurring
prior to the issuance of the variance.
Section XIII:
Severability
It
is hereby declared to be the intention of the City Council of the City of Throckmorton
That the sections, paragraphs, sentences, clauses, and phrases of this
Ordinance are
severable and, if any phrase, clause, sentence, paragraph, or section of
this Plan shall be
declared unconstitutional by the valid judgment or decree of any court of
competent
jurisdiction, such unconstitutionally shall not affect any of the
remaining phrases, clauses,
sentences, paragraphs, and sections of this Plan, since the same would not have been
enacted by the City Council without the incorporation into this Plan of
any
unconstitutional
phrase, clause, sentence, paragraph, or section.