DROUGHT CONTINGENCY PLAN FOR THE CITY OF LEAGUE CITY, TEXAS. Final Revisions May 2012

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1 DROUGHT CONTINGENCY PLAN FOR THE CITY OF LEAGUE CITY, TEXAS Final Revisions May 2012 Sec Declaration of policy, purpose, and intent. 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 the public health, welfare and safety and minimize the adverse impacts of a water supply shortage or other water supply emergency conditions, the city hereby adopts the following regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited under this Drought Contingency Plan (the Plan) are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply conditions is deemed to constitute a waste of water, which subjects the offender to penalties as defined in of this Plan. Sec Public involvement. Opportunity for the public to provide input into the preparation of the Plan was provided by the city by means of regularly scheduled city council meetings. Sec 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. This information will be provided through press releases to the official newspaper of the City, the City s website, and the City s Public Information Channel (CH16). Sec Coordination with regional water planning groups. The service area of the City is located within the Houston Region (H) Regional Water Planning Group. The City has provided a copy of this Plan to the Houston Region (H) Regional Water Planning Group. Sec Authorization and termination. The Director of Public Works 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 Director of Public Works shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan or may decide not to order the implementation of a drought response or water emergency stage even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision should be documented. The Director of Public Works may order the termination of a drought response or water emergency stage when the conditions for termination are met or at their discretion, and 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 which could influence such a decision include, but are not limited to, the time of 1

2 year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision should be documented. The Plan may be applied to the entire city or geographic portions of the city as necessary. If the Plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks, and other easily distinguishable features, such as city limits. Sec Application. The provisions of this Plan shall apply to all persons, customers and property utilizing water provided by the City. The terms person and customer as used in the Plan include individuals, corporations, partnerships, associations and all other legal entities. Sec Definitions. For the purpose of this Plan, the following definitions shall apply: Aesthetic water use shall mean water use for ornamental or decorative purposes such as fountains, reflecting pools and water gardens. Commercial and institutional water use shall mean water use that 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 shall mean 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 shall mean any person, company or organization using water supplied by the City. Daylight saving time shall mean Daylight Saving Time begins at 2:00 am on the second Sunday in March and ends on the first Sunday in November. Director of public works shall mean the City s Director of Public Works or his/her designee. Domestic water use shall mean 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. Even numbered address: Shall mean street addresses, box numbers or rural postal route numbers ending in 0, 2, 4, 6 or 8 and locations without addresses. HOA common landscaped areas shall mean all open areas maintained by HOA contract maintenance groups or HOA personnel or others that do not have a physical address within the City, i.e., subdivision entrances, medians, pool, and park areas, etc. Industrial water use shall mean the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use shall mean 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 rights-of-way and medians. Non-essential water use shall mean water uses that are not essential or required for the protection of public health, safety and welfare, including: 2

3 (1) Irrigation of landscape areas, including parks, athletic fields and golf courses, except as otherwise provided under this Plan; (2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced areas; (4) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) Flushing gutters or permitting water to run or accumulate in any gutter or street; (6) Use of water to fill, refill or add to any indoor or outdoor swimming pool, Jacuzzi-type pools or waterslides; (7) Use of water in a fountain or pond for aesthetic or scenic purposes, except when necessary to support aquatic life; (8) Failure to repair a controllable leak within a reasonable period after having been given notice directing the repair of such leak and use of water from hydrants for construction purposes or any other purpose other than fire fighting. Non-residential irrigation use shall mean all apartment complexes, businesses, industries, parks, medians, HOA common landscaped areas, etc. Odd Numbered Address shall mean street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, seven or 9. Standard Time shall mean Standard Time begins at 2:00 am on the first Sunday in November until the second Sunday in March. Zone 1: The area within League City s city limits that lie west of the IH-45 right-of-way corridor as depicted on Exhibit A. Zone 2: The area within League City s city limits that lie east of IH-45 right-of-way corridor and south or west of the Midcon Texas Pipeline Corporation pipeline corridor as depicted on Exhibit A. Zone 3: The area within League City s city limits that lie north or east of the Midcon Texas Pipeline Corporation pipeline corridor as depicted on Exhibit A. Sec Criteria for initiation and termination of drought response stages. The Director of Public Works shall monitor water supply and demand conditions on a daily basis and determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified triggers are reached. The triggering criteria described below are based on the city s ability to receive water from the Gulf Coast Water Authority (GCWA) and/or any other entity in which an Inter-local agreement for water supply exists. 3

4 (1) Stage 1 triggers MILD water shortage conditions a. Requirements for initiation. Customer shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses, as defined in this policy, when: 1. Water demand for the City is seventy-five percent (75%) of the available contracted surface water sources for three (3) consecutive days. Water demand could be citywide or in a specified portion of the system; or 2. City wells are producing at fifty percent (50%) of their capacity to augment an inadequate supply of contracted surface water for three (3) consecutive days; or 3. The City s water treatment or the City s suppliers treatment or delivery system becomes contaminated or is unable to process supply of water; or 4. The City s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate; or 5. The City s water supply system is unable to deliver water due to the failure or damage of major water system components. b. Requirements for termination. Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven consecutive days. The Director of Public Works shall have discretion based on total water usage during Stage 1 to continue in voluntary stage until usage returns to average daily use. (2) Stage 2 triggers SEVERE water shortage conditions a. Requirements for Initiation. Stage 2 water shortage shall be declared by the Director of Public Works, or his/her designee, with the requirements and restrictions on certain non-essential water usages for Stage 2 of this Plan when: 1. Total daily water demand equals or exceeds eighty percent (80%) of the available surface water capacity for three (3) consecutive days; or 2. Total daily water demand equals or exceeds ninety percent (90%) of the current available surface water capacity on a single (1) day; or 3. A major failure of any transmission line within the system is out of service for a ten (10) hour period; or 4. The City s water treatment or distribution system becomes contaminated, in-operable or is reduced in any way from its full treatment capacity; or 5. The City s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate; or 6. The City s water supply system is unable to deliver water due to the failure or damage of major water system components. b. Requirements for Termination. Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of seven (7) consecutive days. However, should, in the opinion of the Director of Public Works, that rescinding the Stage 2 condition could cause excessive usage during drought condition as identified by the National Weather Service for the area encompassing the City, and then a Stage 2 may be left active until the drought condition is lifted and/or the major water suppliers to the City no 4

5 longer remain under mandatory water rationing. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3 Triggers EMERGENCY Water Shortage Conditions a. Requirements for Initiation. Customers shall be required to comply with the requirements and restrictions for Stage 3 of this Plan when the Director of Public Works, or his/her designee, or their respective designee, determines that a water supply emergency exists based on: 1. Major waterline breaks, or pump or system failures occur which cause unpredictable loss of capability to provide water service; or 2. Natural or man-made contamination of the water supply source(s); or 3. The City s water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate; or 4. When the total daily water demand equals or exceeds ninety-five percent (95%), and/or the system pressure falls below forty pounds per square inch (40 psi). b. Requirements for Termination. Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist. Sec Drought response stages. The Director of Public Works shall monitor water supply and demand conditions on a daily basis and, in accordance with the triggering criteria set forth in Section VIII of this Plan, shall determine that a mild, severe, emergency or water shortage condition exists and shall implement the following notification procedures: (1) Notification. a. Notification of the Public. The Director of Public Works shall notify the public by means of: 1. Publication in a newspaper of general circulation 2. Public service announcements 3. Signs posted in public places 4. Take-home fliers at schools b. Additional Notification. The Director of Public Works shall notify directly, or cause to be notified directly, the following individuals and entities: 1. Mayor and members of the City Council 2. Fire Chief/Fire Marshal 3. City and/or County Emergency Management Coordinator(s) 4. County Judge & Commissioner(s) 5. State Disaster District/Department of Public Safety 6. TCEQ (required when mandatory restrictions are imposed) 7. Major water users 8. Critical water users, i.e., hospitals 9. Parks/street superintendents & public facilities managers (2) Stage 1 Response MILD Water Shortage Conditions. a. Goal: Achieve a voluntary ten percent (10%) reduction in daily water demand. 5

6 b. Supply Management Measures: The city will reduce the flushing of water mains. c. Voluntary Water Use Restrictions: 1. Residential water customers are requested to voluntarily limit the irrigation of landscaped areas with hose-end sprinklers and mechanical/electrical controllers attached to the house outlet or automatic irrigation systems to Mondays and Thursdays for residential customers with even-numbered street addresses, and Tuesdays and Fridays for residential customers with odd-numbered street addresses, and to irrigate landscapes during Daylight Saving Time hours of 10:00 A.M. until 2:00 P.M and 10:00 P.M. until 4:00 A.M. the following morning; or during Standard Time hours of 10:00 A.M. until 4:00 P.M. and 10:00 P.M. until 4:00 A.M. the following morning, on designated watering days. Non-residential water customers are requested to voluntarily limit the irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems and shall be limited to Mondays and Thursdays for irrigation activities in ZONE #1, Monday and Thursdays for irrigation activities in ZONE #2, and Tuesdays and Fridays for irrigation activities in ZONE #3 (see exhibit A for zone descriptions), and is limited (ONLY) to the hours of 10:00 P.M. until 4:00 A.M. the following morning, on designated watering days. 2. All operations of the City shall adhere to water use restrictions prescribed for Stage 2 of the plan. 3. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (3) Stage 2 Response SEVERE Water Shortage Conditions. a. Goal: Achieve a twenty-five percent (25%) reduction in total water use and/or daily water demand and activate Stage 1. b. Supply Management Measures: Measures to be implemented directly by the City to manage limited water supplies and/or reduce water demand: 1. Reduce or discontinue flushing of mains. 2. Reduce or discontinue irrigation of public irrigated areas. 3. Fix or repair all reported and known leaks in the system within twelve (12) hours of notification or detection. c. Mandatory Water Use Restrictions: It shall be unlawful, under the threat of violation, for any person to cause or permit the use of water in violation of the following water use restrictions during a severe water shortage condition: 1. Residential Water Customers shall limit the irrigation of landscaped areas with hose-end sprinklers and mechanical/electrical controllers attached to the house outlet or automatic irrigation systems to Mondays and Thursdays for residential customers with evennumbered street addresses, and Tuesdays and Fridays for residential customers with oddnumbered street addresses, and is limited to the Daylight Saving Time hours of 10:00 A.M. until 2:00 P.M. and 10:00 P.M. until 4:00 A.M. the following morning or during Standard Time between the hours of 10:00 A.M. until 4:00 P.M. and 10:00 P.M. until 4:00 A.M. the following morning, on designated watering days. 6

7 Non-Residential Water Customers shall limit the irrigation of landscaped areas with hose-end sprinklers and automatic irrigation systems to Mondays and Thursdays for irrigation activities in ZONE #1, Mondays and Thursdays for irrigation activities in ZONE #2, and Tuesdays and Fridays for irrigation activities in ZONE #3 (see exhibit A for zone descriptions), and is limited (ONLY) to the hours of 10:00 P.M. until 4:00 A.M. the following morning, on designated watering days. 2. Irrigation of landscaped areas is permitted at anytime by means of a faucet filled bucket or water can of five (5) gallons or less, a drip irrigation system, soaker hose, or by hand held hose with positive shutoff device (NO OPEN END HOSES). When daily surface water demand exceeds eighty-five percent (85%) for three (3) consecutive days, hand held hose usage shall cease. Excessive pooling and/or run-off from automatic or drip irrigation systems is prohibited and shall not be allowed to run off of property and form a stream of water in a street for a distance of 50 feet or greater; or pool in a street or parking lot to a depth greater than one-quarter of an inch. 3. Use of water to irrigate inventory with automatic irrigation systems at a commercial plant nursery shall be limited to prescribe times for Non-Residential Water Customers. Watering by means of a hand-held hose equipped with a positive shutoff nozzle, water can of five (5) gallons or less, drip irrigation system or by soaker hose use, is permitted at anytime, Monday - Friday. 4. Use of water to wash any motor vehicle, motorbike, 4-wheeler, boat, trailer, airplane, or other vehicle is prohibited except on designated watering days. Washing is allowed at anytime on designated watering days for applicable residential address. Such washing when allowed, shall be done with a hand-held bucket and hand-held hose equipped with a positive shutoff nozzle. Vehicle washing may be done at anytime on the immediate premises of a commercial car wash or commercial service station. 5. Use of water to fill, refill or add to any indoor or outdoor swimming pool, wading pool, water slide, slip & slide, or Jacuzzi/Hot-Tub type pool, is prohibited except on designated watering days and (ONLY) between the hours of 10:00 P.M. until 4:00 A.M the following morning. 6. 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 pond is equipped with a recirculation system. 7. Use of water from fire hydrants shall be limited to the fire fighting 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 League City. 8. Use of water to stabilize foundations is prohibited except on designated watering days between the hours of 10:00 A.M. until 2:00 P.M. (ONLY). Watering is permitted by means of a handheld hose equipped with a positive shutoff nozzle; or using a soaker hose or drip irrigation system placed within 24-inches of the foundation that does not produce a spray of water above the ground. When daily surface water demand exceeds eightyfive percent (85%) for three (3) consecutive days, foundation watering shall cease. Excessive pooling and/or run-off from foundation watering is prohibited and shall not be allowed to run off of property and form a stream of water in a street for a distance of 50 feet or greater; or pool in a street or parking lot to a depth greater than one-quarter of an inch. 9. Use of water for irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days and (ONLY) between the hours of 10:00 P.M. until 4:00 A.M the following morning. However, if a golf course utilizes a water source other than 7

8 the potable water provided by the City, then the facility shall not be subject to these regulations. The use of treated effluent recycled from the City s wastewater treatment facility (non-potable/reuse water) is permissible. 10. The following uses of water are defined as nonessential and are prohibited: i. Washing down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surfaced area; ii. iii. iv. Washing down buildings or structures for purposes other than immediate fire protection; Use of water for dust control; Flushing of gutters or permitting water to run or accumulate in any gutter or street; v. Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); vi. vii. viii. ix. Irrigation of landscaped areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan; Washing any motor vehicle, motorbike, 4-wheeler, boat, trailer, airplane or other vehicle other than prescribed times and days; Filling or refilling or adding to any indoor or outdoor swimming pool, wading pool, Jacuzzi/Hot-Tub type pool or waterslides; Filling or refilling or adding to any fountain or pond for aesthetic or scenic purposes, except where necessary to support aquatic life; x. Except as otherwise specifically authorized herein, use of water from fire hydrants for construction purposes or any other purposes other than firefighting. (4) Stage 3 Response EMERGENCY Water Shortage Conditions a. Goal: Achieve a minimum of forty percent (40%) reduction in total water use and/or daily water demand. b. Supply Management Measures: Measures to be implemented directly by the City to manage limited water supplies and/or reduce water demand: 1. Reduce or discontinue flushing of water mains. 2. Utilize alternative water sources and/or alternative delivery mechanisms with prior approval of the executive director of the Texas Commission on Environmental Quality as appropriate (e.g. interconnection with another system; temporary use of a non-municipal water supply; or use of reclaimed water for non-potable use). 3. Conservative Incentives. c. Mandatory Water Use Restrictions: All requirements of Stages 1 & 2 shall remain in effect during Stage 3 except: 1. Irrigation of landscaped areas is absolutely prohibited. 8

9 2. Use of water to wash any motor vehicle, motorcycle, 4-wheeler, boat, trailer, airplane or other vehicle is absolutely prohibited. 3. Use of water to wash down any sidewalk, walkway, driveway, parking lot, tennis court, or other hard surface area is absolutely prohibited. 4. Flushing of gutters or permitting water to run or accumulate in any gutter or street is absolutely prohibited. 5. Washing down any building or structure for purposes other than immediate fire protection is absolutely prohibited. Sec Enforcement. (a) No person shall knowingly or intentionally allow the use of water from the City of League City for residential, commercial, industrial, agricultural, governmental, or any other purposes 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, or his/her designee, in accordance with provisions of this Plan. (b) Any person who violates this Plan is guilty of a Class C misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 and not more than $2,000. Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. Service may be discontinued upon issuance of citation for the second violation. Service discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at an amount of $ (or as adjusted by City ordinance), and any other costs incurred by the City of League City in discontinuing service. Repeat offenses shall be subject to reconnect fees of twice the amount stated above. Severity considered warnings may be given at anytime for informational purposes. Warnings are an attempt to inform the violator and do not count as a citable offense. In addition, suitable assurance by the violator must be given to the Director that the same action will 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 League City, 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/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/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 League City, police officer, or other employee designated by the City Manager or his designee, may issue a 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 municipal court on the date shown on the citation for which the date shall not be less than 5 days nor more than 15 days from the date the citation was issued. The alleged violator shall be served a copy of the citation, which the City may deliver by certified mail to the address, if known, of the alleged violator.. 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/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. 9

10 Sec Variances. (a) The Director of Public Works, or his/her designee, may, in writing, grant a temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition to adversely affect health, sanitation or fire protection/business consideration, for the public or the person requesting such variance and if one or more of the following conditions are met: (1) 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; or (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Petition: Persons requesting an exemption from the provisions of this section shall file a petition for variance with the City within five (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: (1) Name, address and phone number of the petitioner(s); (2) Purpose of water use; (3) Specific provision(s) of the plan from which the petitioner is requesting relief; (4) Description of specific relief requested; (5) Period of time for which the variance is sought. (c) Conditions: Variances granted hereunder shall be subject to the following conditions, unless waived by the Director of Public Works or his/her designee: (1) Variances shall include a timetable for compliance; (2) Variances shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specific requirements; (3) No variance shall be retroactive or otherwise justify any violation of this plan that occurred prior to the issuance of the variance. 10