§ 6-4-3. APPLICABILITY OF REGULATIONS; AFFIRMATIVE DEFENSES.

(A)

This chapter applies to a person who uses, directs, manages, or allows the use of potable water supplied by Austin Water Utility. The chapter does not apply to a person who uses, directs, manages, or allows the use of auxiliary water or reclaimed water unless the auxiliary water or reclaimed water is mixed with potable water supplied by Austin Water Utility.

(B)

It is an affirmative defense to a violation of this chapter that the use of water that gave rise to the violation was consistent with the agreed upon terms and conditions of a water service contract with a wholesale water customer and that the use did not constitute water waste.

(C)

It is an affirmative defense to a violation of this chapter that the use of water that gave rise to the violation properly utilized solely reclaimed water, did not endanger public health, safety, or property, and did not constitute water waste.

(D)

It is an affirmative defense to a violation of this chapter that the act or omission that gave rise to the violation occurred solely because a documented emergency that prevented strict compliance, and that the act or omission did not disrupt the availability of adequate water for other public emergency response or fire fighting or fire suppression purposes.

Source: Ord. 20120816-004.