ORD 2006-08 - Adopt Water Conservation Plan 04-18-2006ORDINANCE NO. 2006 -08
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A WATER
CONSERVATION PLAN AND A DROUGHT CONTINGUENCY PLAN; ESTABLISHING
CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES;
ESTABLISHING PENALTIES FOR VIOLATION OF THE PLANS; PROVIDING A
SEVERABILITY CLAUSE; AND DECALRING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville, 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, the City recognizes that natural limitations due to drought conditions
and other acts of God cannot guarantee an uninterrupted water supply for all purposes;
and
WHEREAS, Section 12.1272 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 water conservation and drought contingency plans; and
WHEREAS, as authorized under law, and in the best interests of the citizens of
Huntsville, Texas, the City Council deems it expedient and necessary to establish
certain rules and policies for the orderly and efficient management of limited water
supplies during the drought and other water supply emergencies; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: That the City of Huntsville, Texas Drought Contingency Plan
attached hereto as Exhibit "A" and made a part hereof for all purposes and that City of
Huntsville Water Conservation Plan attached hereto as Exhibit "B" and made a part
hereto for all purposes be, and the same are hereby, adopted as the official policies of
the City.
SECTION 2: Any person, corporation, partnership, association or other entity
violating and drought contingency measure or water conservation measure
implemented by the City of Huntsville pursuant to the City of Huntsville, Texas Drought
Contingency Plan or the City of Huntsville Water Conservation Plan shall be subject to
the general penalty provisions set out in Section 2.01.08 of the Code of Ordinances of
the City of Huntsville, Texas, and a separate offense shall be deemed committed upon
each and every day that any drought contingency measure is violated.
SECTION 3: All ordinances that are in conflict with the provisions of this Ordinance
are, and that same are hereby, repealed and all other ordinances of the City not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
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SECTION 4: Should any paragraph, sentence, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this Ordinance as a whole or any part or provision thereof, other
than the part so declared to be invalid, illegal or unconstitutional.
SECTION 5: This ordinance shall become effective from and after the date of its
passage.
PASSED AND APPROVED THIS 18th DAY OF April. 2006.
ATT ST:
,IF A"'� -
Danna Welter, City Secretary
APP OVED AS T F OM:
Thomas Lee , City ttorney
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TABLE OF CONTENTS
Water Conservation Plan
Section 1: Introduction to Water Conservation Plan
1.1 Planning Area ......................................................................................... ..............................3
1.2 Contingency Plan .................................................................................... ..............................3
1.3 Utility Profile Data ................................................................................... ..............................3
1.4 Needs and Goals .................................................................................... ..............................7
Drought Contingency Plan
Section 1: Introduction and Objectives .................................................................. ..............................8
Section 2: Texas Commission on Environmental Quality Rules .......... ..............................9
Section 3: Texas Water Code ............................................................. ...............................
9
Section 4: Drought
Contingency Plan .................................................................... ..............................9
3.1
Provisions to Inform the Public and Opportunity for Public Input ........... ..............................9
3.2
Provisions for Continuing Public Education and Information ................. ..............................9
3.3
Coordination with the Regional Water Planning Group .......................... ..............................9
3.4
Authorization .......................................................................................... ..............................9
3.5
Application .............................................................................................. ..............................9
3.6
Definitions .............................................................................................. ..............................9
3.7
Initiation and Termination of Drought Response Stages ......................... .............................11
3.8
Drought and Emergency Response Stages ............................................ .............................13
3.9
Notification .............................................................................................. .............................13
3.10
Enforcing Mandatory Water Use Restrictions ......................................... .............................15
3.11
Variances ................................................................................................ .............................16
3.12
City of Huntsville Ordinance .................................................................... .............................18
Appendices
Appendix A
• Texas Commission on Environmental Quality Rules on Drought Contingency Plans.
• Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20
• Texas Water Code Chapter 11 Water Rights Subchapter A, Section 11.039
• Drought Contingency Plans for Municipal Uses by Public Water Suppliers
Appendix B
• Letters to Region H Water Planning Group
Appendix C
• Adoption of Drought Contingency Plan
• Municipal Ordinance Adopting Drought Contingency Plans
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1.1 Planning Area:
Texas Water Code Section 12.1272 requires a Water Conservation Plan and
Drought Contingency Plan by retail public water suppliers. The objective of a
conservation program is to reduce the quantity of water used for residential and
commercial purposes through implementation of efficient water use practices
and /or to 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, safety and minimize the adverse impacts of water supply
shortages or other water supply emergency conditions.
The drought contingency plan is intended to provide procedures for both
voluntary and mandatory actions to temporarily reduce water usage in a water
shortage crisis in order to protect the general public health and safety.
1.2 Contingency Plan:
System improvements will be developed from study and evaluation of existing
conditions to establish a specific program for meeting desired goals.
1.3 Utility Profile Data:
A. Population of service area 35,078
B. Area of service area 46.00 (sq. mi.)
C. Number and type of equivalent 5/8"
meter connections in service area7,652 (res.) 3,105 (comm.)
D. Net rate of new connections per year
(new connections less disconnects) 125 (res.) 25 (comm.)
E. Water use information:
1. Water production for 2004 2,500,261,000 (gal. /yr.)
2. Average water production for
last two years 2,455,868,000 (gal. /yr.)
3. Average monthly water production
for last two years 204,656,000 (gal. /mo.)
4. Estimated monthly sales:
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2004
TOTAL 1000 GAL.
January
177,489
February
196,961
March
207,450
April
209,730
May
205,371
June
188,480
July
222,973
August
247,964
September
231,493
October
208,683
November
203,864
December
199,802
TOTAL
2,500,260
AVERAGE
208,355
5. Average daily water use (res. /comm. /ind.) 7,166,000 gallons
6. Peak daily use (res. /comm. /ind.) 10,012,000 gallons
7. Peak to average use ratio (avg. daily summer
use divided by annual average daily use) 1.39
8. Unaccounted for water
(% of water production) 9%
F. Wastewater information:
1. Percent of potable water customers
sewered by wastewater treatment system 96%
2. Percent of potable water customers who
have septic tanks or other privately operated
sewage disposal systems 3%
3. Percent of potable water customers sewered
by another wastewater treatment utility 1 %
4. Percent of total potable water sales to the three categories
described in F(1), F(2), and F(3) above.
a. Percent of total sales to customers
served 80%
b. Percent of total sales to customers
who are on septic tanks or private
disposal systems 2%
c. Percent of total sales to customers
on other wastewater treatment systems 18%
5. Average daily volume of wastewater
treated 4.44 million gal. /day
6. Peak daily wastewater volume 10.39 million gal. /day
7. Estimated percent of wastewater flows to treatment plant
that originates from the following categories:
Residential
Industrial and Manufacturing
Commercial /Institutional
Storm Water
Other
G. Safe Daily yield of water supply
H. Peak daily design capacity of water system
I. Major high - volume customers:
• Texas Department of Criminal Justice
• Sam Houston State University
J. Population and water use projections:
45%
0%
50%
5%
0%
9 million gallons /day
16.5 million gallons /day
YEAR
POPULATION
POTENTIAL
DAILY
AVERAGE MGD
DAILY
MAXIMUM
MGD
2006
36,000
8.37
13.19
2010
45,255
9.22
14.75
2015
.51,401
10.19
16.31
K. Percent of water supply connection in system metered:
100% (res.) 100% (comm.)
L. Water rates structure:
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1. Residential - $15.00/1 st 3,000 gal. plus $2.25/1,000 gal. up to 12,999
gallons $ 2.64/ 1000 from 13,000 gallons and up
2. Commercial - minimal charge based on meter size $2.64/1000 all over
3000 gallons
3. Institutional — minimal charge based on meter size $ 3.02/1000 all over
3000 gallons
M. Sewer rate structure:
1. Residential - $15.00/1st 2,000 gal. and $4.87/1000 all over initial 2000
gallons
2. Commercial sewer rate structure - same rate, no maximum
N. Average annual revenues from water and wastewater rates:
Water - $10,700,000 Sewer - $7,500,000
O. Average annual revenue from non -rate derived sources: None
P. Average annual fixed costs of water and sewer operation:
Water - $8,873,150.68 Sewer - $6,187,536.33
Q. Average annual variable costs of water and sewer operation:
Water - $1,200,520.77, Sewer - $1,334,512.00
R. Average annual water or wastewater revenues for other purposes: None
S. Applicable local regulations:
1. City of Huntsville Code of Ordinances
a. Chapter 6, Building and Building Regulations
b. Chapter 17, Water and Sewers
c. Chapter 30, Water and Sewers
d. Chapter 32, Community Development.
T. Applicable State, Federal or other regulations:
a. Texas Commission on Environmental Quality
b. Environmental Protection Agency
1.4 Needs and Goals:
Sewer:
The City's immediate needs are to make additions to its sewerage collection
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system to provide service to previously unsewered areas and remediate inflow
and infiltration.
Water:
The City's immediate needs are to make additions /improvements to its water
distribution system and securing a reliable source of water, either ground or
surface that will provide an adequate supply for the future.
Homeowner and user education will be emphasized in the City of Huntsville
Conservation Plan. A substantial reduction in water consumption will be
noticeable in wastewater facility flows if conservation is implemented within
Texas Department of Correction and Sam Houston State University. Education of
homeowners is also necessary if a conservation plan is to succeed in effectively
reducing water use and wastewater treatment flows.
Huntsville, through customer education, city maintenance and operation, city
planning and implementation of planning elements, has two goals: (1) a
reduction of 1 % in per capita water usage by 2010, and (2) a 10% reduction in
unaccounted water by 2010. Achieving these goals will conserve water and
enable existing facilities to provide service for city customers.
The City reviews its water and sewer rates annually to assure they are adequate
to meet expenses and capital improvements and appropriate reserve funds.
Drought Contingency Plan for the
City of Huntsville Water System and Customers
Section 1: Introduction and Objectives:
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This document is a drought contingency plan, intended to be available for adoption by
the City of Huntsville. This plan addresses all of the current TCEQ requirements for a
drought contingency plan.
The purpose of this drought contingency plan is as follows:
■ To conserve the available water supply in times of drought and emergency
■ To maintain supplies for domestic water use, sanitation, and fire protection
■ To protect and preserve public health, welfare, and safety
■ To minimize the adverse impacts of water supply shortages
■ To minimize the adverse impacts of emergency water supply conditions
The City of Huntsville supplies treated water to its customers. This plan was developed by
the City of Huntsville staff. In order to adopt this plan, the City of Huntsville City Council will
need to adopt ordinance(s) or regulation(s) implementing the plan, including the
determination of fines and enforcement procedures.
Section 2: Texas Commission on Environmental Quality Rules:
The TCEQ rules governing development of drought contingency plans for public water
suppliers are contained in Title 30, Part1, Chapter 288, Subchapter B, Rule 288.20 of
the Texas Administrative Code, which is included in Appendix A. For the purpose of
these rules, a drought contingency plan is defined as "a strategy or combination of
strategies for temporary supply and demand management responses to temporary and
potentially recurring water supply shortages and other water supply emergencies."
Minimum Requirements:
TCEQ's minimum requirements for drought contingency plans are addressed in the
following subsections of this report:
• 288.20(a)(1)(A) - Provisions to Inform the Public and Provide Opportunity for
Public Input
• 288.20(a)(1)(B) - Provisions for Continuing Public Education and Information
• 288.20(a)(1)(C) - Coordination with Regional Water Planning Group
288.20(a)(1)(D) - Criteria for Initiation and Termination of Drought Stages
• 288.20(a)(1)(E) - Drought and Emergency response Stages
• 288.20(a)(1)(F) - Water Supply and Demand Management Measures for Stages
• 288.20(a)(1)(G) - Procedures for Initiation and Termination of Drought Stages
• 288.20(a)(1)(H) - Procedures for Granting Variances
• 288.20(a)(1)(1) - Procedures for Enforcement of Mandatory Restrictions
• 288.20(a)(1)(3) - Consultation with Wholesale Supplier
• 288.20(b) - Notification of Implementation of Mandatory Measures
• 288.20(c) - Review and Update of Plan
Section 3: Drought Contingency Plan
3.1 Provisions to Inform the Public and Opportunity for Public Input:
The City of Huntsville Council meets on select Tuesday s at 6:00 p.m. A meeting
agenda is posted in accordance with the State law, listing items to be acted upon
by the council. Meetings are open to the public, and the public is given an
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opportunity to speak and voice their views and opinions. Council meetings are
attended by representatives of local newspapers and radio stations. The news
media sources provide excellent distribution of events and subjects.
3.2 Provision for Continuing Public Education and Information Education
The City of Huntsville will inform its customers of various recommended
methods to reduce water consumption by mailing brochures with water bills,
making available copies of "Homeowner's Guide to Water Use and Water
Conservation," and will use resource materials made available by the Texas
Water Development Board and other agencies and organizations.
3.3 Coordination with Regional Water Planning Groups
The planning area consists of the City of Huntsville and its extraterritorial
jurisdiction which contains 112.8 square miles. Huntsville is the county seat of
Walker County and has a population of 35,078. This area is located within the
Region H water planning area, and the City of Huntsville has provided a copy of
this plan to the San Jacinto River Authority and Region H Planning Group.
3.4 Authorization:
The Director of Public Services 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 Director of Public Services or his /her designee shall have the
authority to initiate or terminate drought or other water supply emergency
response measures as described.
3.5 Application:
The provisions of this Plan shall apply to all persons, customers, and property
utilizing water provided by the City of Huntsville. The terms "person" and
"customer" as used in the Plan include individuals, corporations, partnerships,
associations, and all other legal entities.
3.6 Definitions:
For the purpose of this Plan, the following definitions shall apply:
Aesthetic water use: Water use for ornamental or decorative purpose 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 Huntsville.
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.
Even number address: Street addresses, box numbers, or rural postal route
numbers ending in 0,2,4,6, or 8 and locations without addresses.
Odd numbered address: Street addresses, box numbers, or rural posted route
numbers ending in 1,3,5,7, or 9.
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 course, parks, and rights -of -ways and medians.
Non - essential water use: Water uses that are not essential or required for the
protection of 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 area;
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 pool;
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 fire fighting.
3.7 Initiation and Termination of Drought Response Stages:
The Director of Public Services or his designee shall monitor water supply and
/or demand conditions on a daily, weekly, and /or monthly basis and shall
determine when conditions warrant initiation or termination of each stage of the
Plan, that is when the specified "triggers" are reached. The customers of the City
of Huntsville water system will be notified of the initiation or termination of various
stages via the local news media, or if necessary, by door -to -door notification:
Stage 1: Triggers- Mild Water Shortage Conditions Occurs When:
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 - Definitions,
when:
A. Average daily water consumption reaches 85 % of the firm
production capacity, or 10.0 million gallons per day for a period of ten
consecutive days; and
B. Weather conditions are to be considered in drought classification
determination.
Stage 1: Triggers- Water Shortage Conditions Terminate When:
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 described below:
A. When average daily water consumption falls below 10.0 million gallons
a day for a period of five consecutive days; and
B. Weather conditions are not considered to be in drought classification
determination.
Stage 2: Triggers- Moderate Water Shortage Conditions Occur When:
Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on
certain non - essential water uses provided in Section IX of this Plan when:
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A. Average daily water consumption reaches 90 % of production
capacity, or 10.6 million gallons a day of production capacity for any ten
day period; and
B. Weather conditions indicate moderate drought will exist five (5) days or
more; and
C. One ground storage tank or clear well is taken out of service during
moderate drought period; and
D. Storage capacity (water level) is not being maintained during period of
100% rated production.
Stage 2: Trippers- Moderate Water Shortage Conditions are Terminated When:
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 five (5) consecutive days.
Upon termination of Stage 2, Stage 1 becomes operative. Stage 2 terminates
when:
A. Average daily water consumption falls below 10.6 million gallons a day
of firm production capacity for five consecutive days; and
B. Weather conditions indicate mild drought have ceased to exist; and
C. Ground storage tanks or clear wells that were taken out of service
during moderate drought period are restored to service; and
D. Storage capacity (water level) is being maintained during period of
100% rated production.
Stage 3: Triggers- Severe Water Shortage Conditions Occur When:
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:
A. Average daily water consumption will not enable storage levels to be
maintained; or
B. Water system demand exceeds available high service pump capacity;
or
C. Water system is contaminated either accidentally or intentionally,
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severe condition is reached immediately upon detection; or
D. Water system fails- from acts of God (tornadoes, hurricanes) or man,
severe condition is reach immediately upon detection.
Stage 3: Trager- Severe Water Shortage Conditions Terminate When:
Requirements for termination
Stage 3 of the Plan may be rescinded when all of the conditions listed as
triggering events have ceased to exist for a period of two consecutive days. Upon
termination of Stage 3, Stage2 becomes operative. Stage 3 terminates when:
A. Average daily water consumption will enable storage levels to be
maintained; or
B. Water system demand ceases to exceed available high service pump
capacity; or
C. Water system is decontaminated; or
D. Water system is restored after acts of God (tornadoes, hurricanes) or
man.
3.8 Drought and Emergency Response Stages:
The Director of Public Services or his 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 this Plan, shall determine that a mild,
moderate, severe or water shortage condition exist and shall implement the
following notification procedures:
3.9 Notification:
Notification to the Public:
The Director of Public Services or his designee shall notify the public by one or
more of the following means: publication in a newspaper, direct mail to each
customer, public service announcements, signs posted in public places and take -
home fliers at schools.
Additional Notification:
The Director of Public Services or his designee shall notify directly, or cause to
be notified directly, one or more of the following individuals and entities: The
Mayor, City manager, members of the City Council, Fire Chief, City and /or
County Emergency Management Coordinator, County Judge and
Commissioner(s), State Disaster District/ Department of Public Safety, TCEQ,
Major water users, Critical water users, i.e. hospitals, and Parks / Street
superintendents and Public facilities managers.
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Stage 1: Response -Mild Water Shortage Conditions:
Target: Achieve a fifteen percent reduction, or approximately 1.5 mgd. in our
daily water demand for the City of Huntsville water system.
Step 1: Mild Condition:
A. Advise public through news releases of the mild drought
conditions and publicize methods to voluntarily reduce water use;
B. Encourage voluntary reduction of water use;
C. Contact commercial, institutional, and industrial users and explain
necessity for initiation of water conservation methods.
Stage 2: Response — Moderate Water Shortage Conditions:
Target: Achieve an additional ten percent reduction, or approximately 1.06 mgd.
in our daily demand for the City of Huntsville water system. Additionally, in
moderate drought conditions, the City of Huntsville will:
A. Prohibit washing house windows, sidings, eaves and roof with hose,
without the use of a bucket; washing driveways, streets, curbs and
gutters, washing vehicles without cutoff valve and bucket, and unattended
sprinkling of landscape shrubs and grass; draining and filling swimming
pools and flushing water system;
B. Other outdoor residential use of water will be permitted on alternate
days /even numbers houses on even days of the month and odd number
houses odd number days and at designated hours of the day (outdoor
residential use consist of washing vehicles, boats, trailers, landscape
sprinkler systems and irrigation, recreational use of sprinklers, outside
showers in parks and water slides.
C. Commercial, Institutional, and industrial users will be visited to insure
volunteered conservation has been initiated.
Stage 3: Response- Severe Water Shortage Conditions:
Target: Achieve an adequate reduction in the City of Huntsville daily water
demand. Additionally, in severe drought conditions the City of Huntsville will:
A. Prohibit all vehicles washing, windows washing, outside watering
(lawn, shrubs, faucet dripping, garden, etc);
B. Prohibit all public water uses which are not essential for health, safety
and sanitary purposes including street washing, fire hydrant flushing,
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filling pools, athletic fields, golf courses, and dust control sprinkling;
C. Require permits for businesses using water as a basic function of the
business, such as nurseries, commercial car wash, Laundromats, and
high pressure water cleaning;
D. Determinate water service in accordance to the following sequence: (1)
Recreational; (2) Residential; (3) Commercial; (4) Industrial; (5) Schools
and (6) Hospital.
3.10 Enforcing Mandatory Water Use Restrictions:
No person shall knowingly or intentionally allow use of water from the City of
Huntsville for residential, commercial, industrial, agricultural, governmental, or
any other purpose in a manner contrary to any provision of this Plan, or 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 Services, in accordance
with the provisions of the plan.
Any person who violates this plan is guilty of a class "C" misdemeanor. 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, Director of Public Services shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where the violations
occurred. Services discontinued under such circumstances shall be restored only
upon payment of a reconnection charge, and any other costs incurred by the City
of Huntsville in discontinuing service. In addition, suitable assurance must be
given to the Director of Public Services that the same action will not be repeated
while the Plan is in effect. Compliance with the Plan may also be sought through
injunctive relief in the District Court.
3.11 Variances:
The Director of Public Services, or his 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.
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Persons requesting an exemption from the provisions of this Ordinance shall file
a petition for variance with the City of Huntsville Public Services Department
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
Services, or his 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.
Variance granted by the City of Huntsville shall be subject to the following
conditions, unless waived or modified by the Director of Public Services or his
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 to the issuance of the variance.
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