G-02-04-11-15A1 - 4/11/2002ORDINANCE NO. 6 - oa- 0'7 " it ' /59/
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
AMENDING SECTION 10.800 PERTAINING TO THE EMERGENCY
AND PEAK DAY WATER USE MANAGEMENT PLAN; 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 OF ENFORCEMENT OF THESE RESTRICTIONS;
ESTABLISHING PROCEDURES FOR GRANTING OF VARIANCES;
PROVIDING FOR THE REPEALING OF CONFLICTING
ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Round Rock, 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; and
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 and update a drought contingency plan;
WHEREAS, the opportunity for the public to provide input into
the initial preparation of the Plan was provided at a public
meeting on June 24, 1999 at 221 E. Main Street, Round Rock, Texas;
and
WHEREAS, 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
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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 Council of the City of
Round Rock, Texas finds it to be in the best interests of the City
of Round Rock to amend Section 10.800 of the Code of Ordinances,
(1995 Edition) City of Round Rock and adopt the Drought Contingency
and Peak Day Water Use Management Plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS:
I.
That Section 10.800, Code of Ordinances, (1995 Edition) City
of Round Rock, Texas is hereby amended to read as follows:
SECTION 10.800 DROUGHT CONTINGENCY AND PEAK DAY WATER USE
MANAGEMENT PLAN
10.801 SCOPE
The regulations adopted in the Section shall be referred to as the Drought Contingency and Peak
Day Water Use Management Plan (the Plan).
10.802 DECLARATION OF POLICY
It is declared that, because safe and high-quality drinking water is a precious resource, the general
welfare requires that the water resources available to the City be put to the maximum beneficial
use, and that the waste or unreasonable use of water be prevented, and the conservation of water
is to be encouraged with a view to its reasonable and beneficial use in the interests of the people
of the City and for the public health, safety, and welfare.
10.803 IMPLEMENTATION
The City Manager, or the Manager's designee, upon the recommendation of the Director of Public
Works, may implement the applicable Conservation Stages upon his or her determination that the
implementation is necessary to protect the public health, safety, and welfare. The City Manager
or the Manager's designee shall have the authority to initiate or terminate drought or other water
supply emergency response measures as described in this Section.
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10.804 APPLICATION
The provisions of this Section shall apply to all persons, customers, and owners of property who
use or allow the use of City water, wherever situated. The terms "person" and "customer" as
used in this Section include individuals, corporations, partnerships, associations and all other legal
entities.
10.805 PUBLIC EDUCATION
The City 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. Drought plan and water
conservation information will be provided by public meeting, press releases, utility bill inserts and
the City's website.
10.806 COORDINATION WITH REGIONAL PLANNING GROUPS
The service area of the City is located within Brazos G Regional Water Planning Group (RWPG).
The City shall provide a copy of this Plan to the RWPG and send a representative from the City
to regularly scheduled meetings of the RWPG to discuss regional water issues.
10.807 WHOLESALE CUSTOMERS
(1) All wholesale water contracts require compliance with the City's Plan and drought
contingency and water conservation programs. Each contract specifies that the water
supplied to the wholesale customer may be reasonably limited by the City on the same
basis and to the same extent as the supply of water to any other customers within the City.
(2) All wholesale contracts entered into, renewed or extended after the adoption of this Plan
will include provisions for distributing water to the wholesale customer in accordance with
the Texas Water Code, Section 11.039.
10.808 COMPLIANCE; CRITERIA FOR INITIATION AND TERMINATION OF CONSERVATION
STAGES
(1) No customer of the City water utility, nor any person who uses or purchases water from
the City water utility, may knowingly make, cause, use, or permit the use of water
received from the City for residential, commercial, industrial, agricultural, governmental,
or any other purpose in a manner contrary to any provision of this Section, or in an
amount greater than that use permitted by the conservation Stage in effect under action
taken by the City Manager, or his or her designee, in accordance with this Section.
(2) The Director of Public Works shall monitor water supply and demand conditions on an
ongoing basis and shall determine when conditions warrant initiation or termination of each
Stage of the Plan. In addition to monitoring the specific triggers listed below, the Director
of Public Works shall promulgate guidelines as needed that set forth additional criteria for
determining when conservation Stages are to be implemented and terminated. The
Director of Public Works shall update the guidelines when, in the opinion of the Director
of Public Works, changed conditions of the utility system require the update. The Director
of Public Works shall include in such guidelines a calendar symbol system designating
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allowed days for outdoor water use by customer. The guidelines shall be available for
inspection at the City Secretary's office and the Utility Billing's offices during normal
business hours.
(3) Stage I Use Management criteria shall be in effect from May 1S` to September 30th of each
year unless there is an announcement by the City Manager of Stage II or III.
(4) Supply -Based Triggers for Initiation of Stage II are as follows:
(a) Well 4 level drops to 40 ft. mean sea level (m.s.1.) and Reservoir elevation is
below 770 feet for three consecutive days, or
(b) Supply source contamination which reduces or inhibits the ability to produce
potable drinking water, or
(c) Any other reason as determined by the Public Works Director.
(5) Demand or Capacity -Based Triggers for Stage II are as follows:
(a) Drinking water treatment capacity has reached 90% for three consecutive days;
(b) Total daily demand has reached 90 % of the raw water pumping capacity for three
consecutive days;
(c) Total daily demand is 90% of storage capacity for three consecutive days;
(d) Total daily demand is 90% of the treated water pumping capacity for three
consecutive days;
(e) Production or distribution limitations including but not limited to system outages
or equipment failure; or
(t) Any other reason as determined by the Public Works Director.
(6) Requirements for termination of Stage II restrictions.
(7)
Stage II of the Plan may end when all of the conditions listed as triggering events have
ceased to exist for a period of three (3) consecutive days. Upon termination of Stage II,
Stage I restrictions become operative.
Supply -Based Triggers for Stage III are as follows:
(a) Well 4 level drops to 35 ft. (m.s.1.) and Reservoir elevation is below 765 feet for
three consecutive days; or
(b) Supply source contamination which severely reduces or inhibits the ability to
produce potable drinking water; or
(c) Any other reason as determined by the Director of Public Works.
(8) Demand or Capacity -Based Triggers for Stage III are as follows:
(a) Drinking water treatment capacity has reached 95 % for three consecutive days;
(b) Total daily demand has reached 95 % pumping capacity for three consecutive days;
(c) Total daily demand is 98 % of the storage capacity for three consecutive days;
(d) Significant production or distribution limitations including but not limited to
system outages and equipment failure; or
(e) Any other reason as determined by Director of Public Works.
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(9) Requirements for termination of Stage III restrictions.
Stage III of the Plan may end when all of the conditions listed as triggering events have
ceased to exist for a period of three (3) consecutive days. Upon termination of Stage III,
Stage II restrictions become operative.
10.809 YEAR-ROUND WATER USE MANAGEMENT
(1) A person who obtains water directly or indirectly from the City shall comply with this
Subsection at all times.
(2) The following acts constitute a waste of water and are prohibited:
(a) failing to repair a controllable leak, including a broken sprinkler head, a leaking
valve, leaking or broken pipes, or a leaking faucet;
(b) operating a permanently installed irrigation system with:
(i) a broken head;
(ii) a head that is out of adjustment where the arc of the spray head is over a
street or parking lot; or
(iii) during irrigation, allowing water to run off a property such that there is
a trail of water that is running in the street for a distance of 50 feet or
greater, or allowing water to pond in the street or parking lot to a depth
greater that '/a of an inch.
10.810 CONSERVATION STAGES
(1) Stage I -Voluntary Water Use Management
(a) Stage I will begin on May 151 and end on September 30th of each year and at all
other times when announced by the City Manager or as authorized by this
Chapter.
(b) The Stage I announcement will be designed to increase customer awareness of
water conservation and encourage the most efficient use of water. A copy of the
current public announcement on water conservation awareness shall be kept on file
at the Public Works office for inspection by the TNRCC.
(c) Water customers are requested to voluntarily limit the use of water for non-
essential purposes and to practice water conservation. Voluntary observance of the
regional five-day watering schedule is requested.
(2) Stage II Mandatory Water Use Management
(a) When there is an announcement of Stage II by the City Manager, the following
restrictions apply to all customers of, or persons who use water directly or
indirectly from the City (except those customers who use treated wastewater
effluent or raw water), for the uses described below:
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(i) All outdoor irrigation by hose end sprinklers, soaker hoses, or drip
irrigation may occur only on a designated outdoor water use day and only
between the hours of 12:00 midnight to 10:00 a.m. and between the hours
of 7:00 p.m. to 12:00 midnight. All outdoor irrigation of vegetation by
permanently installed automatic irrigation systems may occur only
between the hours of 12:00 midnight to 10:00 a.m. 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, these establishments shall curtail all
nonessential water use.
(ii) The washing of automobiles, trucks, trailers, boats, airplanes, or other
type of mobile equipment is prohibited except on designated outdoor water
use days between the hours of 12:00 midnight to 10:00 a.m. and between
the hours of 7:00 p.m. and 12:00 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 nozzle must be removed
when the hose is not is use. The washing 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 Section. However, this restriction does not
apply to the washing of vehicles or mobile equipment when conducted on
the immediate premises of a commercial carwash 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 (such as garbage trucks and vehicles used to transport food and
perishables) 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 carwashes are prohibited.
(iii) The watering of the ground around foundations to prevent foundation
cracking is prohibited except on designated outdoor water use days
between the hours of 12:00 midnight to 10:00 a.m. and between the hours
of 7:00 p.m. and 12:00 midnight.
(iv) The refilling or adding of water to swimming or wading pools, or ponds,
is prohibited. However, this restriction does not apply to public
swimming pools and wading pools equipped with filtration and a
recirculation system that includes the gutter drains or that are not using
water from the City's water distribution system. However, public pools
may not be filled if there are unrepaired leaks.
(v) The operation of any ornamental fountain or other structure making
similar use of water is prohibited except where necessary to support
aquatic life.
(vi) The use of water for irrigation of golf fairways is prohibited except on
designated outdoor water use days between the hours of 12:00 midnight
to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight.
The irrigation of golf course greens and tees is allowed on an every-other-
day schedule if a plan is filed detailing such schedule. These restrictions
do not apply to the irrigation of any golf course which utilizes wastewater
effluent, ground water or raw water.
(vii) The use of water from fire hydrants shall be limited to firefighting -related
activities or other activities necessary to maintain the health, safety, and
welfare of the citizens of Round Rock; however, routine flushing of fire
hydrants for other than health and safety reasons is prohibited. This
restriction does not apply to businesses which require the use of water for
land development and building construction processes. By written
approval from the Director of Public Works, the businesses may purchase
and draw water from fire hydrants designated for that use by the Director
of Public Works.
(viii) Street washing using potable water from hydrants is prohibited. Street
washing may occur if reclaimed water is used.
(ix) During Stage II restrictions, the City shall visually inspect lines and repair
leaks on a daily basis; reduce or discontinue the flushing of water mains;
discontinue the routine street cleaning programs; and consider activating
inter -connects with other utility providers.
(x) Potential alternate water sources for the City are identified as:
(a) Wells 7 and 9; and
(b) Inter -connection with the City of Austin or City of Georgetown.
(xi) The following uses of water are prohibited:
(a) Failing to repair a controllable leak, such as broken sprinkler
heads and leaking valves or faucets.
(b) Washing sidewalks, driveways, parking areas, streets, tennis
courts, patios, or other paved areas, except to alleviate immediate
health or fire hazards.
(c) Operating a permanently installed irrigation system with broken
heads, with heads that are out of adjustment that spray more than
10% of the spray on streets or parking lots, or that are misting.
(d) Allowing water to run off a property during irrigation, in the
street or parking lot to a depth greater than 1/4 of an inch.
(b) The Stage II restrictions do not apply to the following uses of water:
(i)
The necessary use of water, other than for landscape irrigation,
by a governmental entity in pursuit of its governmental functions
for the benefit of the public, such as for capital improvement
construction projects.
(ii) The necessary use of water, other than for landscape irrigation,
for land development (such as roadway base preparation, flushing
of utility lines, dust control, concrete and asphalt work) and for
building construction processes.
(iii) The necessary use of water for repair of water distribution
facilities, residential and commercial plumbing and permanently
installed landscape irrigation systems.
(iv) The use of water necessary for the establishment of specially
permitted landscaping in new, residential and commercial
development should be postponed if at all possible. If the
installation cannot be postponed, the irrigation schedule for the
first thirty (30) days after installation on notification to the
Director of Public Works may not exceed the following frequency
of irrigation:
Days 1 - 10
Days 11 - 20
Days 21 - 30
After 30th day
Once per day
Once every other day
Once every third day
Standard restrictions apply
Watering must take place during the permitted hours and, if the
landscape cannot be sustained based on this schedule, installation
should be postponed.
(v) The necessary use of water for athletic fields for organized youth,
amateur, or professional sports such as football, soccer or
baseball where the field is in use or will be in use within 60 days
of the institution of Stage II restrictions.
Stage III Emergency Water Use Management:
The City Manager, or his or her designee, may implement the following restrictions to
apply to all customers or the City's water utility or to any persons who use water directly
or indirectly from the City's water utility, and to apply in the areas designated by the City
Manager or his or her designee. The restrictions do not apply to any customer using
treated wastewater effluent or raw water for the uses described below. All elements of
Stage II remain in effect in Stage III except that:
(a) All outdoor irrigation of vegetation by hand-held hoses or hand-held watering cans
may occur only on designated outdoor water use days and between the hours of
6:00 a.m. to 10:00 a.m. and between 7:00 p.m. to 10:00 p.m. Irrigation is
prohibited, including but not limited to foundation watering, using permanently
installed irrigation systems, hose end irrigation, or drip irrigation. These
restrictions are not applicable to the necessary use of water for irrigation of
professional athletic fields.
(b) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of
mobile equipment is prohibited, unless occurring on the immediate premises of a
commercial carwash or a commercial service station and unless it is in the
immediate interest of the public health, safety, and welfare. The washing of
automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment
may occur between 12:00 noon and 5:00 p.m. on the immediate premises of a
commercial carwash or a commercial service station if it is in the immediate
interest of the public health, safety and welfare.
(c) Commercial plant nurseries may use only hand-held hoses, hand-held watering
cans, or drip irrigation.
(d) The filling, refilling, or adding of potable water to public swimming or wading
pools is prohibited.
(e) No new landscapes of any type may be established.
(f) During Stage III restrictions the City shall visually inspect lines and repair leaks
on a daily basis and discontinue the flushing of water mains except as needed for
health and safety reasons.
10.811 POWERS OF THE DIRECTOR OF PUBLIC WORKS
Director's Authority to Impose Additional Restrictions
The Director of Public Works may, at any time, implement mandatory water restrictions in
addition to those restrictions named in the Plan to protect the public health and safety in the event
of unusual operational events, catastrophic occurrences, or severe weather events. The Director
may implement mandatory restrictions by public announcement and the restrictions are effective
immediately upon the making of such public announcement. In the event the Director implements
restrictions pursuant to this Subsection to protect the public health and safety of the public, the
notice provisions contained in Section 10.812 do not apply.
10.812 NOTICE REQUIREMENTS
(1)
Written notice will be provided to each wholesale customer prior to implementation or
termination of each Stage of the Plan. Mailed notice must be given to each wholesale
customer 72 hours prior to the start of water restriction. If notice is hand -delivered, the
City cannot enforce the provisions of the plan for 24 hours after notice is provided.
(2) Notice to all other customers will be given through press releases, cable television
announcements, postings in public areas and on the web. These notices will be made prior
to implementation or termination of each Stage of the Plan.
(3)
All notifications will contain, at a minimum, the following information:
(a) the date restrictions will begin,
(b) the circumstances that triggered the restrictions,
(c) the Stages of response and explanation of the restrictions to be implemented,
(d) an explanation of the consequences for violations.
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(4) The City will notify the TNRCC by telephone, or electronic mail prior to initiating
Conservation Stages. Written notification will be delivered to the TNRCC Public Drinking
Water Section at MC - 155, P.O. Box 13087, Austin, Texas 78711-3087, within five (5)
working days of implementation. Copies of all public notices will be included.
(5)
The City will file a status report of its restriction program with the TNRCC every 30 days
that restriction continues.
10.813 NOTICE OF VIOLATIONS
(1) The customer will be notified by written notice of any specific violations prior to
enforcement by measures authorized in Subsections 10.813(2) and (3).
(2) After written notice, the City may install a flow restricting device in the line to limit the
amount of water which will pass through the meter in a 24 hour period. The City may
charge the customer for the actual cost of installing and removing the flow restricting
device, not to exceed $50.00.
(3)
After written notice, the City may discontinue service at the meter for a period of seven
(7) days, or until the end of the calendar month, whichever is less. The normal reconnect
fee of the City will apply for restoration of service.
10.814 EXCEPTIONS: ALTERNATIVE COMPLIANCE
(1) The Director of Public Works may grant any customer an exemption from the Plan for good
cause upon written request. The City will treat all customers equally concerning
exemptions, and shall not discriminate in granting exemptions. No exemption shall be
retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of
the exception.
(2) The Director of Public Works may permit alternative compliance after determining that
alternative water use restrictions meet or exceed the intent of this Section.
(3) If approved, the applicant shall keep a copy of the alternative water use requirements in
the location accessible and visible to the public.
10.815 ENFORCEMENT AND PENALTY
(1) Presumption of Violation
For purposes of this Section, the person or corporation or association in whose name the
water utility of the City last billed or who is receiving the economic benefit of the water
supply is presumed to have knowingly made, caused, used or permitted the use of water
received from the City for residential, commercial, industrial, agricultural, governmental
or any other purpose in a manner contrary to any provision of this Section, or in an
amount more than the use permitted by the conservation Stage in effect.
(2) A person commits an offense if the person performs an act prohibited by this Section or
fails to perform an act required by this Section. Each instance of a violation of this Section
is a separate offense.
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(3) Proof of a culpable mental state is not required for a conviction of an offense under this
Section.
(4) An offense under this Section is a Class C misdemeanor, punishable by a fine not to
exceed $2,000.00. Prosecution of an offense under any subsection does not preclude other
enforcement remedies under this Section. The enforcement of other remedies under this
Section does not prevent prosecution for a violation of this Section under any subsection
of any Section.
(5)
For repeat violations of this Section, water service may be disconnected or restricted.
(6) If a customer is irrigating during a time period or on a day when irrigation is not permitted
for the street address of that customer and a City worker cannot find any person at that
street address to turn off the irrigation system, the City worker may enter the property and
turn off the irrigation system.
(7)
The City's authority to seek injunctive or other civil relief available under the law is not
limited by this Section.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any Section or provision of this
ordinance shall not invalidate other Sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
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tip
I� day of , 2002.
READ and APPROVED on first reading this the a10 day of
77kvviv , 2002.
READ, APPROVED and ADOPTED on second reading this the
ATTEST:
ROB A. STLUKA, JR . , lz�yor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr: ary
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DATE: April 3, 2002
SUBJECT: City Council Meeting — April 11, 2002
ITEM: 15.A.1. Consider an ordinance amending Chapter 10, Section 10.800 of the
Round Rock Code of Ordinances to revise the Drought Management
Contingency Plan. (Second Reading)
Resource: Jim Nuse, Director of Public Works
Kim Lutz, Environmental Resources Manager
History: The TNRCC requires that community water systems providing water service to
3,300 or more connections, submit a drought contingency plan to the executive
director of the TNRCC. Updates or revisions to the plan must be submitted to the
executive director within 90 days of adoption by the City Council. This plan has
been updated, and complies with TNRCC requirements and Section 10.800 of the
City's ordinances pertaining to emergency and peak day water use management.
Funding:
Cost: None
Source of funds: N/A
Outside Resources: N/A
Impact/Benefit: TNRCC regulation compliance. Long term conservation of water resource.
Public Comment: N/A
Sponsor: N/A