§ 12-118.1. Drought contingency—The Colony.

(a)

Purpose and scope.

(1)

Dallas Water Utilities (DWU) supplies treated water to the city. This plan specifies the criteria and procedures for declaring a water emergency and implementing drought or emergency response phases in accordance with the Texas Administrative Code and the city's contract with DWU.

(2)

There is hereby established a City of The Colony Drought Contingency Plan (the "plan") to provide procedures for:

a.

Conserving the available water supply in times of drought and emergency;

b.

Maintaining supplies for domestic water use, sanitation, and fire protection;

c.

Protecting and preserving public health, safety, and welfare; and

d.

Minimizing the adverse impacts of water supply shortages.

(3)

The plan applies to:

a.

All persons and premises within the city using water from the city's water system ("the system"), except those that are in areas where the water supply is from the City of Plano;

b.

All wholesale contract customers;

c.

All retail customers who live in unincorporated areas within the city's extraterritorial jurisdiction and are served by the system; and

d.

All retail customers within the City of Frisco that are served by the system.

(b)

Exemptions. The governmental use of water for essential services such as police, fire, emergency, and other services which is necessary to preserve or protect the health, safety and welfare of the citizens of the city are exempt from any and all restrictions or mandates set forth in the plan.

(c)

Definitions. The following words, terms, and phrases, when used in this division, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

City manager means the City Manager of the City of The Colony or his authorized designee.

Customer means a person, company or other entity connected to the city's water system and contracting with the city to receive potable water service.

Director means the director of utilities of the city or his authorized designee.

General emergency means a condition in which the existing or projected water supply available to the city is not anticipated to meet the normal water requirements of metered water users. This condition may be the result of factors including, but not limited to, natural emergency conditions (i.e., drought, etc.) and/or a failure of the city's or its supplier's water distribution systems.

Geographical emergency means a condition in which the existing or projected water supply available to the city is not anticipated to meet the normal water requirements of a section or sections of the metered water users. This condition may be the result of factors including, but not limited to, natural emergency conditions (i.e., drought, fire, etc.) and/or a failure of the city's or its supplier's water transmission systems.

Landscape means natural plant materials around buildings or on grounds (i.e., trees, shrubbery, grasses and flowers).

Landscape beds means plants and shrubs that are separated from turf.

Person means owner, occupant, or person in control of the premises or a person authorized by the owner, occupant, or person in control of the premises.

Plan refers to the city drought contingency plan.

Potable water means any public water supply which has been investigated and approved by the TCEQ as satisfactory for drinking, culinary and domestic purposes.

System means the city water works system and shall include, but not be limited to, all reservoirs, storage tanks, elevated tanks, pipelines, pumps, hydrants, meters, valves, connection, engines, and all other property and machinery used in connection with the city's water works system.

(d)

Authority to declare water emergency. Upon the occurrence of any one of the criteria listed below, the city manager is hereby authorized to declare a water emergency and to implement any of the drought or emergency response stages in accordance with the provisions of this section:

(1)

General or geographical emergency;

(2)

Water system failures/emergencies (i.e., pressure zone deficiencies, chemical spills, broken water mains, power outages, electrical failure, failure of storage tanks or other equipment, treatment plant breakdown, and/or water contamination;

(3)

Supply failure from DWU or initiation of any stage in its drought contingency plan;

(4)

As [An] inability to recover approximately 90 percent in all storage facilities within a 24-hour period; or

(5)

Notification by DWU of a significant decrease in reservoir levels resulting in the inability, presently or in the immediate future, to recover resources sufficient to provide services necessary for public health, safety, and welfare.

(e)

Drought phases. The city has developed those phases of drought urgency, based on the following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii) water production or distribution system limitations; (iii) supply source contamination; or (iv) system outage due to the failure or damage of major water system components.

(1)

Phase 1 .

a.

Voluntary water awareness—Trigger conditions. Any of the following may trigger phase 1:

1.

DWU declares stage 1 voluntary water awareness.

2.

The daily water consumption reaches 75 percent of the system capacity for four consecutive days.

3.

The community is in a drought.

The city manager may waive the triggering criteria for phase 1 if more serious conditions apply.

b.

Voluntary water rationing—Drought contingency measures. When phase 1 is enacted by the city manager, the following voluntary measures will apply.

1.

Develop information center and designate information person.

2.

Advise public of condition and publicize the information center.

3.

Encourage voluntary reduction of water use by radio, TV, or newspaper.

4.

Outdoor use of water will be encouraged on the following schedule:

Last Digit of Address	Allowed Irrigation Dates
Even number	Sundays and Thursdays
Odd number	Saturdays and Wednesdays
No address	Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays

 

Outdoor uses consist of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers, (in parks) and residential water slides. All commercial accounts and accounts servicing more than one address such as office buildings and multifamily complexes shall use the street number indicated on the service building. This restriction applies to all facilities including recreation fields, parks and schools. Irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet-filled bucker or drip irrigation system.

5.

Encourage restaurants to serve customers water by request only.

6.

Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day.

7.

Information center and publicity elements shall keep public advised of curtailment status.

(2)

Phase 2.

a.

Mandatory water watch—Trigger conditions. Any of the following may trigger phase 2:

1.

Dallas Water Utilities declares stage 2 mandatory water watch.

2.

The daily water consumption reaches 85 percent of the system capacity for three consecutive days.

3.

Daily water consumption will not enable storage levels to be maintained.

b.

Mandatory water watch—Drought contingency measures. All phase 1 measures will become mandatory and remain in effect during phase 2 except:

1.

Outdoor use of water will be limited to the following schedule:

Last Digit of Address	Allowed Irrigation Dates
Even number	Sundays and Thursdays
Odd number	Saturdays and Wednesdays
No address	Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays

 

Outdoor uses consist of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers (in parks), and residential water slides. All commercial accounts and accounts servicing more than one address such as office buildings and multifamily complexes shall use the street number indicated on the service building. This restriction applies to all facilities including recreation fields, parks, schools, and the city. Irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet-filled bucker or drip irrigation system.

2.

Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is restricted to the use of 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 premises of a commercial car wash or commercial service station. Such washing may be exempted by the city manager 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.

3.

Hosing off paved areas, buildings, windows or other surfaces is prohibited.

4.

Commercial uses not listed and industrial uses will be controlled to the extent dictated by the city manager.

5.

Restrict operation of ornamental fountains or ponds to initial filling except when equipped with a recirculation system.

6.

Prohibit recreational water use including uses of faucets, hoses or hydrants where there is water running into the street.

(3)

Phase 3.

a.

Mandatory water warning—Trigger conditions. Any of the following may trigger phase 3:

1.

Dallas Water Utilities declares stage 3 mandatory water warning.

2.

The daily water consumption reaches 95 percent of the system capacity for two consecutive days.

3.

Daily water consumption will not enable storage levels to be maintained.

b.

Mandatory water warning—Drought contingency measures. All phase 2 requirements shall remain in effect during phase 3 except.

1.

Outdoor use of water will be limited to the following schedule between the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and 12:00 midnight.

Last Digit of Address	Allowed Irrigation Dates
Even number	Sundays and Thursdays
Odd number	Saturdays and Wednesdays
No address	Sundays and Thursdays
No watering on Mondays, Tuesdays or Fridays

 

Outdoor uses consist of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers (in parks), and water slides. All commercial accounts and accounts servicing more than one address such as office buildings and multifamily complexes shall use the street number indicated on the service building. This restriction applies to all facilities including recreation fields, parks, schools, and the city. The use of hose-end sprinklers or permanently installed automatic sprinkler systems are prohibited at all times. Foundations may be watered for a two-hour period with soaker or hand-held hose equipped with a positive shutoff nozzle on the watering schedule.

2.

Washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash or commercial service station and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing shall be 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.

3.

The filling of water in swimming pools, wading pools, and Jacuzzi or similar types of facilities is prohibited. Permitting of swimming pools, hot tubs, spas, ornamental ponds, and fountain construction is prohibited.

4.

Commercial uses not listed and industrial uses will be controlled to the extent dictated by the city manager.

5.

Restrict operation of ornamental fountains or ponds to initial filling except when equipped with a recirculation system.

6.

Recreational water use including uses of faucets, hoses or hydrants is prohibited.

7.

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 approved.

8.

Wet street sweeping and city vehicle washing or rinsing is prohibited except in the interest of public health, safety, and welfare.

(4)

Phase 4.

a.

Water emergency—Trigger conditions. Any of the following will trigger phase 4:

1.

DWU declares stage 4 water emergency.

2.

Local demand exceeds 98 percent of the system capacity.

3.

Failed or damaged major water system components causing a water system outage (tornadoes, hurricanes, or man, etc.). Water emergency condition is enacted immediately.

4.

Water system is contaminated either accidentally or intentionally. Water emergency condition is enacted immediately.

5.

Other water emergencies identified by the city manager (for example, water production or distribution system limitations, etc.).

b.

Water emergency—Drought contingency measures. All phases 2 and 3 requirements shall remain in effect during phase 4 except:

1.

Irrigation of landscaped areas is absolutely prohibited.

2.

Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is absolutely prohibited.

3.

The use of potable water for construction purposes is prohibited except where necessary for public health or safety reasons.

(5)

Goals. During periods of water shortage and drought, the phases will achieve a reduction of water usage:

a.

Phase 1— Two percent water use reduction;

b.

Phase 2— Six percent water use reduction;

c.

Phase 3— Twelve percent water use reduction;

d.

Phase 4— Twenty-five percent water use reduction.

(f)

Information and education. A program of continuing public education and information regarding the drought contingency plan will be implemented. During periods of drought conditions the city utilizes the most effective methods developed for information dissemination on a daily basis including cable channels, written notices, mailers and the city's web site.

(g)

Initiation procedures. Initiation procedures employed at any period are described in the plan. Each condition will be met with corresponding action by the city manager and the city manager will affect curtailment, give notice, publicize and follow with implementation of curtailment.

(h)

Termination of notification actions. Termination of each drought condition will begin when that specific condition has been improved to the extent that an upgraded condition can be declared by the city manager. Generally the conditions are as follows:

(1)

Phase 1. DWU stage 1 voluntary water awareness is not in effect and local demand decreases to 70 percent of system capacity or less for 14 consecutive days' average, or until the city manager determines that these measures are no longer required.

(2)

Phase 2 . DWU stage 2 mandatory water watch is not in effect and local demand decreases to 75 percent of system capacity or less for 14 consecutive days, or until the city manager determines that these measures are no longer required. Termination of phase 2 water warning reverses plan to phase 1.

(3)

Phase 3. DWU stage 3 mandatory water warning is not in effect and local demand decreased to 85 percent of system capacity, or until the city manager determines that these measures are no longer required. Termination of phase 3 reverses plan to phase 2.

(4)

Phase 4. DWU stage 4 water emergency is not in effect and local demand decreased to 95 percent of system capacity, or until the city manager determines that these measures are no longer required. Termination of phase 4 reverses plan to phase 3.

This process will be employed until full service can be provided. System priority will be considered in return to upgraded condition, returning medical facilities, schools, etc., in priority order.

Termination will be initiated by the city manager by giving notice as was given to enact drought curtailment.

(i)

Enforcement. The following describes the enforcement of this section:

(1)

[Phase 1.] No warnings or citations will be given during phase 1. Written warnings will be given as a first notice prior to receiving a citation. Citations will not be given prior to publication in the local newspaper that mandatory restrictions have been enacted.

(2)

[Violations; citations.] Failure to comply with the restrictions for phases 2, 3 and 4 shall constitute a violation and a citation may be issued.

(3)

Discontinuance of water service to irrigation system.

a.

In addition to the criminal penalties that may be imposed for a violation of this article, upon a person's third citation of any provision of this section within a 90-day period during a phase 2, 3 or 4 drought or emergency response phase, the city may also terminated water service to the residential or commercial irrigation system by locking down the backflow prevention device at the location where the violations occurred.

b.

Prior to such termination, the customer shall be given 72 hours' notice of the city's intent to terminate service and be afforded, if requested, a hearing on the termination. A hearing must be requested in writing within 72 hours of receipt of the notice. The request for hearing shall be made to the Director of Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056. Notice of the date, time and place of the hearing will be sent by hand-delivery or certified mail, return receipt requested, to the last known address of the water utility customer. Following the hearing, the director shall make a written determination as to whether the water service to the customer's irrigation system should be terminated and a copy of this decision shall be sent to the customer at the customer's last known address. The water service to the customer's irrigation system shall not be terminated during the appeal process. The decision of the director shall be final as to administrative remedies.

c.

In order to have water service to an irrigation system restored after being terminated in accordance with this section, a customer must attend and complete a water conservation course sponsored by the city and pay a fee established by resolution of the city council to have the lock on the backflow prevention device removed. Such fee shall be paid each time a lock from a backflow prevention device is removed in order to restore water service to an irrigation system pursuant to this section.

d.

It shall be unlawful for a person to remove through the use of any means or otherwise cause damage to a lock that has been placed on a backflow prevention device by the director or his designee pursuant to this section.

(j)

Penalties. It shall be unlawful for any person to violate any provision of this section, and any person violating or failing to comply with any provision hereon shall be fined, upon conviction, in an amount not more than $2,000.00 and a separate offense shall be deemed committed each day during which a violation occurs or continues.

(k)

Variances. During the times the various stages of the mandatory phases of the plan are in operation, the city manager or a designated official, may grant variances in special cases to persons demonstrating extreme hardship and need.

(1)

The city manager shall decide all petitions for variances from the requirements of this ordinance. All petitions for variances must be in writing, addressed to the Director of Utilities, City of The Colony, 6800 Main Street, The Colony, Texas 75056 and shall include the following information:

a.

Name and address of the petitioners;

b.

Purpose of water use;

c.

Specific provisions from which relief is requested;

d.

Detailed statement of the adverse effect of the provisions from which relief is requested;

e.

Description of the relief requested;

f.

Period of time for which the variance is sought;

g.

Alternative measures that will be taken to reduce water use; and

h.

Other pertinent information.

(2)

Variances shall be granted only under the following circumstances and conditions:

a.

The applicant must sign a compliance agreement on forms provided by the city, agreeing to use the water only in the amount and manner permitted by the variance;

b.

Granting of variance must not cause an immediate significant reduction in the city's water supply, or water shortages within certain pressure zones or areas;

c.

The applicant must demonstrate extreme hardship or need relating to his health, safety, or welfare, and show evidence of substantial water conservation efforts;

d.

The health, safety and welfare of other persons must not be adversely affected by the granting of the variance;

e.

Strict compliance with the drought contingency plan or the water use restrictions set out in the drought or emergency response phases cannot be achieved due to serious mechanical or technical limitations which cannot be corrected; and

f.

Alternative water conservation methods that achieve the same level of reduction in potable water use for applicant can be implemented.

(3)

A granted variance may be revoked under the following circumstances:

a.

That the conditions of subsection (1) of this section are no longer being met;

b.

The terms of the compliance agreement are violated; or

c.

The health and safety of other persons requires that the variance be revoked.

(l)

Implementation notification. The city will notify the executive director of the TCEQ within five business days of the implementation of any mandatory provisions of the drought contingency plan.

(m)

Review and update of the plan. The city will review and update, as appropriate, this drought contingency plan at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan.

(n)

Coordination with the regional water planning groups and the state. Copies of this adopted drought contingency plan will be provided to the region C water planning group and TCEQ.

(Ord. No. 99-1110, §§ 1—7, 4-19-1999; Code 1983, § 12-118.1; Ord. No. 03-1476, §§ 1—8, 7-21-2003; Ord. No. 05-1593, § 1, 5-16-2005; Ord. No. 07-1707, § 1, 3-5-2007)