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HomeMy WebLinkAboutOrdinance - 2002-O0063 - Adopting A Water Conservation Plan And Drought Contingency Plan, Penalties - 05/23/2002First Reading May 23, 2002 Item No. 17 Second Reading June 13, 2002 Item. No. 16 ORDINANCE NO. 2002-o0063 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN; TO PROMOTE WISE AND RESPONSIBLE USE OF WATER; ESTABLISHING CRITERIA FOR THE DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATER USES RELATED TO DROUGHT OR SHORTAGES; PROVIDING A PENALTY OF NOT LESS THAN TEN DOLLARS ($10.00) PER DAY NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) PER DAY FOR EACH DAY OF NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN, AND/OR DISCONNECTION OR DISCONTINUANCE OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE DROUGHT CONTINGENCY PLAN AND WATER CONSERVATION PLAN; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. WHEREAS, the City of Lubbock, Texas (the "City"), recognizes that the amount of water available to the City and its water utility customers is limited: WHEREAS, the City recognizes that due to natural limitations due to drought conditions, systems failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; WHEREAS, applicable law and the regulations of the Texas Natural Resource Conservation Commission require that the City adopt a Water Conservation Plan and a Drought Contingency Plan; WHEREAS, the City has determined there is an urgent need in the best public interest of the City to adopt a Water Conservation Plan and Drought Contingency Plan; and WHEREAS, the City adopted by Ordinance Number 10177, dated on second reading August 26, 1999, a Drought Contingency Plan and Water Conservation Plan, and is now desiring to repeal said Ordinance and adopt, by this Ordinance, its revised Drought Contingency Plan and Water Conservation Plan; and WHEREAS, the City Council of the City of the Lubbock desires to evidence its approval of the Water Conservation Plan and Drought Contingency Plan and adopt such Plans as official policy of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: Approval of the Plans: The City Council hereby approves and adopts the City's Water Conservation Plan and Drought Contingency Plan, attached hereto as Addendum "A" and Addendum "B", respectively, and to be included in full as a part of this Ordinance as if recited verbatim herein. The City commits to implement the program according to the procedures set forth in the adopted Plans. SECTION 2. THAT Ordinance No. 10177, adopted on second reading dated August 26, 1999, is hereby repealed. SECTION 3. Water utility customers of the City and other users of city water that do not comply with the Drought Contingency Plan, adopted as part of this Ordinance as Addendum "B", shall be subject to (i) a penalty and fine of not less than ten dollars ($10.00) per day nor more than two hundred dollars ($200.00) per day for each day of noncompliance; and/or (ii) discontinuance by the City of water services to such water utility customers or other users. SECTION 4. Water utility customers of the City of Lubbock and other users of city water that do not comply with the Water Conservation Plan, adopted as part of this Ordinance as Addendum "A", shall be subject to the enforcement described in Section IX thereof, including a penalty of discontinuance by the City of water services to such water utility customers or other users. SECTION 5. The City Council finds and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents of posting thereof. SECTION 6. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED Passed by the City Council on the first reading on this 23rdday of __ Ma:_.£.y _ _, 2002. Passed by the City Council on the second reading on this 13t:h day ATTEST: ~~~~ RebeC aaarza:city Secretary APPROVED AS TO CONTENT: '~997 Jetty Ellerbrook Director ofPublic Works APPROVED-1 A~ FORM: /?;/?--__ Richard K. Casner, Natural Resources Attorney ke ccdocs/Watert:onservationDroughtContingency.2002ord May 14,2002 _J.:...u::.:n::.:e:___, 2002. Section I: Water Conservation Plan for the City Of Lubbock Addendum A Declaration of Policy, Purpose and Intent Ordinance No. 2002-00063 The purpose of the Water Conservation Plan (the Plan) is to promote the wise and responsible use of water by (1) supporting public education programs that educate customers about water and wastewater facilities operations, water quantity and quality, water conservation and non-point source protection, (2) maintaining policies that support wise use of water, and (3) providing for enforcement of water conservation policies and practices. Section II: Utility Profde Population. The City of Lubbock (Lubbock) is the ninth largest city in the State ofTexas and the largest city in West Texas. Lubbock's population in 1990 was estimated to be 186,206. It is projected to be 200,083 by 2000 and 212,488 by 2010. From the 1990 census, twenty-seven percent of Lubbock's citizens are 18 years of age or younger, and more than sixty-four percent are between 18-64. Customer Data and Water Use Data. Lubbock's water customers are predominately characterized as residential (85%), small commercial (10%) and municipal (4%). Other customer user classes include industrial, schools, wholesale, and sprinklers. Water Supply System Data. Lubbock's primary source of water is the Canadian River Municipal Water Authority which delivers raw water from its Lake Meredith reservoir, located on the Canadian River about 50 miles north of Amarillo. On average, Lake Meredith provides approximately 80 percent of Lubbock's water supply needs, with the balance of 20 percent being supplied by well water from the city- owned wellfield located primarily in Bailey County. Surface water is treated at the Lubbock Water Treatment Plant (the Plant). The Plant's capacity is 61.4 million gallons daily with a hydraulic peak capacity of 75 million gallons. Water treatment components include disinfection, coagulation, taste and odor control, flocculation, sedimentation, filtration and, as necessary, post-disinfection. Lubbock's ground water supply requires minimal treatment (chlorine) before introduction into the distribution system. The Plant has a 1,200 acre-feet open storage reservoir, which permits storage ofraw water during non- peak periods, and 8.5 million gallons clearwell storage for treated water. In addition, thirteen ground storage reservoirs and five elevated steel storage tanks provide storage capacity of 66,700,000 gallons, entirely adequate for peak hours and fire protection requirements. The water distribution system extends throughout Lubbock and is designed for expansion. Present pumping capacity is 106 million gallons a day. Long Term Water Supply Source. The Lake Alan Henry reservoir is located about 65 miles southeast of Lubbock and was planned and constructed to meet long-term water supply needs. It is estimated that the Lake Alan Henry reservoir will provide Lubbock with a water supply of 23.3 million gallons daily. Wastewater System Data. Lubbock's wastewater treatment system provides for the collection, treatment, and disposal of wastewater. Wastewater is delivered to the Southeast Water Reclamation Plant (SEWRP) via 806 miles of collection lines and 21 lift stations. The SEWRP treats approximately 7.3 billion gallons of wastewater each year. Wastewater treatment components include one bio tower process and two activated sludge processes. The SEWRP has an average daily flow design capacity of 26 million gallons. Treated effluent is reused by agricultural irrigation on Lubbock's land application sites and as industrial cooling water. Sludge is disposed of in Lubbock's municipal landfill. Section ill: Water Conservation Goals Lubbock's average daily water usage of approximately 170 gallons per capita per day (gpcd) is slightly higher than the state average of 150 gpcd. Lubbock is situated in an arid region which requires more water per capita for landscape irrigation than many parts of the State. Evidence of landscape irrigation demand is apparent when comparing the winter per capita usage of 139 gal/day to the sum.'Tier per capita usage of 184 gal/day. It is the goal of the Plan to reduce overall water usage by 20 gpcd by the year 2014 by informing our water customers of the benefits of using water wisely. Section IV: Metering Devices It is Lubbock's policy to purchase meters that meet at least the minimum standards developed by the American Water Works Association. Section V: Universal Metering It is Lubbock's policy to individually meter all water usage, except for fire protection, including all new construction within the city limits. Combined with an aggressive leak detection and repair program and a computerized billing system, Lubbock's universal metering program has resulted in a water delivery accuracy rate well above the national standard of 90 percent. Lubbock's meter replacement and repair schedule is as follows: Meter Type Replacement/Rehab Period Master Meter Meters are tested at least annually and replaced as necessary Two-inch and larger Meters are tested at least annually and replaced as necessary One-inch and smaller Meters are tested at least every I 0 years and replaced as necessary Section VI: Measures to Determine and Control Unaccounted-for Uses of Water It is Lubbock's policy to investigate customer complaints of low pressure and possible leaks, to visually inspect suspected leaks and to track water delivery to customers. Lubbock utilizes a record management system which tracks water pumped, water delivered, water sales and water losses. This information is used to evaluate the integrity of the water distribution system. Section VII: Program of Continuing Education Regarding Water Conservation Lubbock's water conservation education program includes three programs. The first program targets elementary school children and is meant to affect the water use patterns of future water customers. The second program is designed to provide information about water supply, water consumption and wise water practices to customers and other users for their use in implementing water conservation devices in their homes and businesses. The third program is designed to encourage responsible landscaping practices and other outdoor uses of water. Section VIII: Water Rate Structure In 1992, Lubbock implemented a uniform, non-declining rate structure, with each additional 1,000 gallons costing no less per unit than the prior unit. Water Conservation Plan, Addendum A, City of Lubbock, 2002 Section IX: Means of Implementation and Enforcement Authorization. The Director of Water Utilities (the Director) or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan. The Director will oversee the execution and implementation of all elements of the plan to ensure that adequate records are kept for program verification. Enforcement. The Plan will be enforced by (1) providing service taps only to customers complying with adopted ordinances, (2) maintaining a non-declining rate structure, (3) discontinuing service to those customers who do not pay their water bills until payment is made, and (4) certifying only new construction that conforms to adopted ordinances. Section X: Coordination with Regional Planning Group The service area of Lubbock is located within the Llano Estacado Regional Planning Area and Lubbock has provided a copy of this Plan to the Llano Estacado Regional Planning Group. Section XI: Additional Content Requirements Wholesale Water Supply Contracts. It is Lubbock's policy to include in every wholesale water supply contract entered into or renewed after official adoption of the Plan, and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using applicable elements in 30 T AC 288, Subchapter A. If the wholesale customer intends to resell the water, then the contract between Lubbock and the wholesale customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with 30 TAC 288, Subchapter A. Section XII: Additional Conservation Requirements International Plumbing Code. It is Lubbock's policy to use the International Plumbing Code to enforce current building codes, including consideration of water conservation measures. Water Reuse. Lubbock currently recycles a daily average of 21.0 million gallons of secondary treated wastewater by reusing it for agricultural irrigation and as industrial cooling water. Retrofit Program. It is Lubbock's policy to make water conservation information available, through its education and information programs, to customers who may be purchasing and/or installing plumbing fixtures, lawn watering equipment, or using water-consuming appliances. Section XIll: Revisions to the Water Conservation Plan The Director shall review and update, as appropriate, the Plan at least every five (5) years, based on new or updated information, such as the adoption or revision of the regional water plan. Section XIV: Severability It is hereby to be the intention of Lubbock that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and if, any phrase, clause, sentence, paragraph or section shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Plan, since the same would not have been enacted by Lubbock without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph or section. Water Conservation Plan, Addendum A, City of Lubbock, 2002 Sectloal: Drought Coatlngeacy Plaa for the City Of Lubbock AddeadumB Dedu'adoa of Polley, Purpose, ud IDtent Ordinance Ro. 2002-o0063 In order to conserve the awilable water supply and protect the integrity of water supply facili1ies, with particular regani for domestic water use, sanitation, and fire protection, and to protect and preserve public heal1b, welfiR, and safety and minimize the adverse impacts of water supply shortage or other water supply · en1ef8C11CY conditions, the City of Lubbock (Lubbock) hereby adopts the foDowing regulations and restrictions on the delivery and consumption of water. Water uses regulated or prohibited mder this Drought Contingency Plan (the Plan) are considered to be non- essential and continuatioo of such uses during times of water shortage or other emergency water supply conditions are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section xn of this Plan. Seetlon D: PnbUc Involvement Opportunity for the public to provide input into the preparatioo of the Plan was provided by Lubbock by posting the draft Plan on the Internet, City Han in the Public Information Office, and by posting notice of a public meeting held July 26, 1999 in the City ofLubbock City Council Chambers. Section m: PnbUc Edueation The City of Lubbock 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 water use restrictions to be implemented in each stage. This information wiD be provided by means, including but not limited to, public service announcements, newspaper notice, utility bill inserts, and educational presentations. SeetloD IV: CoordlnadoD witll Regional Water Planning Groups The service area of Lubbock is located within the Uano Estacada Regional Planning Area and Lubbock bas provided a copy of this Plan to the Llano Estacada Regional Planning Group. Seetlon V: Aatlaorlzatlon The I>irectcl-of Water Utilities (the Director) or hislher designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public heal1b, safety, and welfare. The Director or his/her designee shall have the authority to initiate or terminate water shortage or other water supply emergency response measures such as utilization of alternative water soun:es as described in this Plan. Seedon VI: Applcadon The provisions of this Plan sball apply to all persons, customers, and property utilizing water provided by Lubbock. The terms "person" and "customer" as. used in the Plan include individuals, corporations, pariDerShips, associations, and all other legal entities. Seedon VB: Defbdtlons For the purposes of this Plan the following definitions sball apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Consqyation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve 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 use. ~ any individual, corporation, partnership, association, and any other legal entity utilizing water provided by Lubbock. Pomestic 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, indus1ry, or institution. L&ndscape irrigatiqt use: water used for the irrigation and maintenance oflandscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf course greens, tees, and fairways, parks, and rights-of-way and medians. Non-essential water use: water uses that are not essential nor 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; (c) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (d) use of water to wash down any sidewalks, walkways, driveways, par1dng lots, tennis courts, or other hatd-surf8ced areas; (e) use of water to wash down buildings or structures for pwposes other than immediate fire protection; (t) t1usbing gutters or permitting water to nm or accumulate in any gutter or street; (g) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacurzi.-type pools; (h) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (i) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (j) use of water from hydrants for construetion pwposes or any other purposes other than fire fighting. Seedoo VIB: R.equJrements for Initiation and Termination ofWater Shortage Conditions and Implementatloa of Water Use R.estrletfons After official determination by the Director, or his or her designee, that the public water supply is or will be limited, or that demand is or is projected to exceed supply, the Director will declare and classify the water shortage condition using the requirements for initiation identified in Appendix A. The Director ,or his or her Drouabt ContiDpncy Plall, Addendum 8, City oflJibbock/May 2002, Pap 2 designee, will monitor the water supply on a daily basis and, according to the requirements fcx initialization for each stage, shall determine tbat mild, modera.U:, severe or emergency water shortage conditioos exist. Upon public notice the Director, ex his or her designee, will implement the appopriate water use restrictions found in Appendix A. Sectioa IX: Wbolesale Water Customen It is Lubbock's policy to: 1. include in every wholesale water supply contract entered into or renewed after official adoption of the Plan, and including any contract extensions, that in case of a shortage of water teSUlting from drou~ the water to be distnbuted shall be divided and 2. pro rata curtailment of water deliveries to or diversions by wholesale water customers as provided in accordance with Texas Water Code, 11.039 and that each successive wholesale customer develop and implement a drought contingency program or .mechanisms for responding to reductions in water supply. 3. If the wholesale customer intends to resell the water, then the contract between Lubboc:k and the wholesale customer must provide that the contract for the resale of the water must include mechanisms for responding to reductions in water supply. Puble Notlficatloa Informing the fublic. Public service radio and television announcements and/or will be made giving customers details of the expected condition, promoting public participation, and advising customers of the possible penalties as appopriate. The local newspaper will be utilized for long-range information distnbution. Initiation Procec;Jure. Public service radio and television announcements will be made that a water shortage condition has been declared. The announcement will detail the conditions and actions to be tabn by customers. The public will be kept informed for the duration of the emergency. The local newspaper will be utilized for long-range infonnation distnbution. Tenninatiog Prgcedwe. Public service radio and television announcements will be made tbat a watc:r shortage condition has been rescinded and reclassified as appropriate. SectioD XI: Variances The Director, cr 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 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 arc met: 1. Compliance with this Plan cannot be teclmically accomplished during the duration of the water supply shortage cr other condition for which the Plan is in effect. 2. Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption .tiom the provisions of this ordiance shall file a petition for variance with Lubbock within S days after the Plan or a particular water shortage condition response stage has been invoked. All petitions for variances shall be reviewed by the Director, or his/her designee, and shall include the following: Drouaht Continpncy Plan, Addendum 8, City ofl..ubboclr/May 2002, Pap 3 1. NBIDC and address of the petitioner(s). 2. Purpose of water use. 3. Specific provision(s) of the Plan from which the petitioner is requesting relief. 4. 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. S. Description of the relief requested. 6. Period of time for which the variance is sought. 7. 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. 8. Other pertinent information. Variances granted by Lubbock shall be subject to the following conditions, unless waived or modified by the Director or his/her designee: 1. Variances granted shall include a timetable for compliance. 2. Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has &iled to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. · Section XII: Enforcement Water customers and other users of Lubbock's water that do not comply with this ordinance shall be subject to a penalty and fine of not less than $10.00 per day nor more that $200.00 per day for each day of non- compliance; and/or disconnection; or discontinuance by Lubbock of water service to such water customers and other users. Section XID: Revisions to the Drought Contingency Plan The Director shall review and update, as appropriate, the Plan at least every five (5) years, based on new or updated information, such as the adoption or revision of the regional water plan. Section XIV: Severability It is hereby declared to be the intention of Lubbock that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable, and if any phrase, clause, sentence, paragraph or section sball be declared \Dlconstitutional by the judgement or decree of any court of competent jurisdiction, such l.DlCOnstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Plan, since the same would have been enacted by the governing body of Lubbock without the incorporation into this Plan of any such l.Dlconstitutional phrase, clause, sentence, paragraph or section. Droupt Contingency Plan, Addendum B, City of LubbockJMay 2002, Pap 4 City ofLabbock Droapt Coatlllaacy Plu Attachment 11 A" lteqldremellCI for IDitfadOD aad TermlaatiOII ofWater SJaortaae Colldltlou ad IIDplemeatatloll of Water Uae Restrlcdo• Stap 1· MDd Water s•ortaae Coadltlo• Reqyirpnmtf for Initiation-anyone of the following requirements is sufficient for initiation of the water use reatrictiODS. 1. Watftt demand is approachins the maximum safe capacity of the public water syitem (95 minion gallons per day); 2. Averago daily water use exceeds 80 million pllons per day for three consecutive days; 3. Supply lake levels are still high enough to provide adequate supply, but tho levels are low enough to disrupt other beneficial activities; 4. 'I'he water supply is still adequate, but the water levels or reservoir capacities are low enough tbat there is real poss1bllity tbat the supply situation may degrade if tho drought or emergency contbmea. Watw ua B.estrictioDs 1. Customers and other users will be asked to voluntarily refrain titm or significantly limit water use1 defined as aesthetic, domestic, landscape irrigation, and non-ossential. The Director wiU make sugestions on wa)'l to limit such uses. Sugpstiona for limiting water use d:urina Stage 1 may include, but are not limited to, watering landscape only between tho houn of6:00 p.m. and 10:00 Lm., usina water-consmnina appliances (dishwashers, washina machines. etc.) only between tho hours of 6:00p.m. and 10:00 Lm., and/or refi'aln ftom usina water for aesthetic purposes. 2. All Lubbock operations shall adhere to water use restrictions. 3. Lubbock will request tbat all customers and other users of Lubbock's water supply practice water ccmsorvation measures. 4. Tho Director, or hislher desipoe. may implement additional water use restrictions as necessary when any one ·of the requirements for initiation has been met. Requirement& for Tenpipation Staae 1 of the Plan may be rescinded when all conditions listed above as requirements for initiation have ceased to exist for three (3) consecutive days. Staae 2-Moderate Water Shortap Condttlona Requirements for hlitiation -anyone of the following requirements is sufficient for initiation of the water use restrictions. 1. wau:r demand occasionally reaches what bas been detennined to be the system's maximum safe capacity (95 million gallons per day) beyond which the failure of a pump or some other piece of equipment could cause a serious disruption of service to part or all of the system; 2. Average daily water use exceeds 85 million gallons per day for three consecutive days; 3. W111:r levels are stiD adequate, but they are declining at such a rate that a more serious problem will result in the near fu~ if some type of immediate action is not taken; 4. Reservoir levels, wen levels, or ground storage levels are low enough to disrupt some major economic activity; 5. The imminent or actual failure of a Jm\ior component of the public water system that could cause a health or safety hazard or could restrict desired flows to all areas. Water Use Restrictions Under threat of penalty for violation, the following water use restrictions shall apply to all customers and other users of Lubbock's water supply: 1. Landscape irrigation is prohibited except during the hours of 10:00 p.m. to 10:00 a.m. 2. Use of water to wuh any motorized vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except during the hours of 10:00 p.m. to 10:00 a.m. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a shutoff nozzle for quick rinses. Vehicle washing may be done at anytime by a mobile vehicle washing unit or on the premises of a commercial car wash or commercial service station. Further, such washing may be exempted ftom these regulations if the health, safety and welfare of the public is contingent upon Jiequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. 3. Use of water to fi.D, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi t)pe pools is prohibited except during the hours of 10:00 p.m. through 10:00 a.m. 4. Operation of any omamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. 5. Use of water fi:om hydrants shall be limited to tire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water fi:om designated tire hydrants for construction purposes may be allowed under special permit from Lubbock. 6. AD restaurants are prohibited from serving water to patrons except upon request. 7. The following non-essential uses are prolu"bited: (a) use of water to wuh down any sidewalks, walkways, driveways, parking lots. tennis courts, or other hard-surfaced areas; (b) use of water to wash down buildings or structures for pw:poses other than immediate fire protection; (c) flushing gutters or permitting water to run or accumulate in any gutter or street; and (d) failure to repair a controllable leak(s) within a reasoaable period after having been given notice directing the repair of such leak(s). 8. Lubbock may reduce water pressure as required to accomplish the required results. 9. The Director, or his/her designee, may implement additional water use restrictions as necessary when any one of the requirements for initiation bas been met. Requirements for Tmginatimt Stage 2 of the Plan may be rescinded when all conditions listed above as requirements for initiation have ceased to exist for t1u:ee (3) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stap 3-Severe Water Sllortaae Conclltlons R.eguirement& for Initiation -anyone of the following requirements is sufficient for initiation of the water use restrictions. 1. Water demand is exceeding the system's maximum safe capacity (95 million gallons daily) on a regular basis, thus presenting the real danger of a widespread facilities failme resulting in serious disruption of service to part or all of the system; 2. Average daily water use exceeds 90 million gallons per day for three consecutive days; 3. Water levels are low enough in the distn'bution system storage reservoirs to threaten adequate fire protection; 4. Lake or well levels are so low that pumping equipment will not function properly; S. The imminent or actual failme of a ml\ior component of the system that would cause an immediate health or safety hazard. Water Use Restrictions Under threat of penalty for violation, the following water use restrictions shall apply to all customers and other users of Lubbock's water supply: All Stage 2 water restrictions shall remain in effect during Stage 3 and in addition, the following three restrictions shall apply: 1. Landscape irrigation shall be limited to the hours between 10:00 p.m. and 10:00 a.m. and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler systems only. The use ofhose-end sprinklers is prohibited at all times. 2. The use of water for construction purposes ftom designated fire hydrants under special permit is to be discontinued. 3. The Director may implement additional water use restrictions as necessary when any one of the requirements for initiation has been met. Requirements for Termination Stage 3 of the Plan may be rescinded when all conditions listed above as requirements for initiation have ceased to exist for three (3) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. Staae 4-Emeraeaey Water Shorta&e Coadltloas Requirement& for Initiation Under threat of penalty for violation, the following water usc restrictions shall apply to all customers and other users of Lubbock's water supply: 1. A water line fails, or pump or other system failures occur which cause loss the of capability to provide water service; or 2. Natural or man-made contamination of the water supply source occurs. Lubbock bas two independent water supplies. In the event of an emergency affecting one water supply, the city may rely on the other remainins water supply. Water Usc Restrictions 1. All water uses not required for domestic usc, sanitation, fire protection, or to protect and preserve public health, welfare, and safety are strictly prohibited. 2. The Director may implement additional water use restrictions as necessary when any one of the requirements for initiation has been met. ReQuirements for Tennination Stage 4 of the Plan may be rescinded when: 1. Repairs have been made and the systems are operation; or 2. Contamination b.u been contained or eliminated; 3. Delivery of water service b.u resumed.