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HomeMy WebLinkAbout94-3002182 WATER CONSERVATION ORDINANCE NO. 94-3002 AN ORDINANCE ADOPTING A CITY OF PLAINVIEW WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PENALTIES CLAUSE; CUMULATIVENESS CLAUSE; SEVERABILITY CLAUSE; CONFLICTS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Plainview, Texas, has determined there is a need in the best public interest of the City of Plainview to adopt a Water Conservation Plan and Drought Contingency Plan; and WHEREAS, the City Council finds and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting and that such place of posting was readily accessible at all times to the general public; and WHEREAS, the City Council of the City of Plainview now desires to evidence its approval of the Water Conservation/Dro~h~t Contingency Plan and adopt such a plan as~9~ficial policy of the City. ~ NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas: SECTION I The City Council hereby approves and adopts as the City of Plainview Water Conservation Plan, the Water Conservation/Drought Contingency Plan attached hereto to as Exhibit A and incorporated herein. The City commits to implement the program according to the procedures set forth in the adopted plan. SECTION II The City shall report to the Texas Water Development Board annually on the implementation and effectiveness of the plan in accordance with the outline set forth in the Plan. SECTION III 1 of 4 183 In regards to implementation and enforcement of the Water Conservation and Drought Contingency Plan, the City Manager of the City of Plainview is designated as the official responsible for implementation and enforcement, and the following guidelines are adopted: 1 .Mild Drought (a) Average daily water consumption reaches 90% of the production capacity and has been that high for a period of three days. (b) Weather conditions indicate that high use is likely to continue. 2. Moderate Drought (a) The average daily water consumption reaches 100% of the rated production capacity for a three day period. (b) Weather conditions indicate mild drought will exist five days or more. (c) A mechanical failure of pumping equipment which will require more than 24 hours to repair occurs when a mild drought is in progress. 3. Severe Drought (a) Average daily water consumption reaches 110% of production capacity for a 24 hour period. (b) Average daily water consumption will not enable storage levels to be maintained. (c) System demand exceeds available high service pump capacity. (d) A mechanical failure of pumping equipment which will require more than 12 hours to repair occurs when a moderate drought is in progress. 4. Emergency Condition (a) The CRMWA system fails, and the surface water cannot be delivered to the City. (b) Water system is contaminated either accidentally or intentionally. (c) Water system fails from acts of God (tornadoes, hurricanes, etc.) or man. An emergency condition is treated like a severe drought. In the event severe classification conditions persist (Item 3 above) for an extended period of time or an emergency condition is identified (Item 4 above), the City may ration water usage and/or terminate service to selected users of the system in accordance with the following sequence: 2 of 4 184 (1) (2) (3) (4) (5) Recreational Users Commercial Users School Users Residential Users Hospitals, Public Health and Safety Facilities. SECTION IV Users of City water except for the City, that do not comply with Section III of this Ordinance shall be subject to a penalty and fine of not less than $10.00 per day, nor more than $200.00 per day for each day of non-compliance and/or disconnection or discontinuance of water services to such users by the City. SECTION V Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION VI If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION VII All ordinances or portion of any ordinance in conflict herewith are hereby amended to conform with the provisions hereof. SECTION VIII 3 of 4 185 This ordinance shall be of full force 'and effect upon its passage and publication as required by law. PASSED AND APPROVED THIS 26TH DAY OF JULY, 1994 ATTEST: Ka~'en McBeth, City Secretary APPROVED AS TO CONTENT: Assistant Director of Public Works APPROVED AS TO FORM: Wally Hatch, City Attorney 4 of 4 WATER CONSERVATION PLAN Education and Information Programs The City of Plainview will inform the City users of various recommended methods for implementing a reduction in water consumption. Currently, water conservation literature is being distributed at the City Hall, and the City staff gives talks to schools on water conservation practices. The City will distribute additional resource materials which are available from the Texas Water Development Board and other agencies which develop pertinent information or data. The first year program will consist of the following activities: a. A "Fact Sheet" explaining the Plainview's conservation plan will be developed and distributed to water customers at the outset of the Plan. b. An article will be placed in the local newspaper, coordinated with the distribution of the "Fact Sheet". c. Each new customer will be advised of the City's conservation program, and will be provided with a "New Customer Information Packet" which contains "Homeowners Guide," the "Fact Sheet", and copies of the articles published in local papers during the year. d. A newspaper article will be published advising water customers that the Homeowners Guide is available at the Administration Offices. e. The brochure, "Water ... Half-A-Hundred Ways to Save It," will be made available to water customers. f. A news article will be published elaborating on brochure items and certain methods for saving water. Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 1 g. One of two brochures, "How to Save Water Outside the Home," or "How to Save Water Inside the Home," will be distributed to water customers. The long-term education and information program will consist of five activities each year after the first year: a. New brochures emphasizing new or innovative means for conserving water will be made available at the Administration Offices. b. A statement will be printed on the water bill advising Water customers that the brochures are available at the Administration Offices. c. A newspaper article targeting one particular household water using utility or item (dishwasher, shower, toilet, laundry, ... etc.) will be published with methods for conserving water. d. A brochure will be made available which correlates weather predictions to outside household use, car washing, lawn watering, and time of the day. e. Homeowners Guide will be distributed to customers. Plumbing Codes The Texas Natural Resource Conservation Commission (TNRCC) requires that cities and utilities with a population of 5,000 or more, and do not have a plumbing code, adopt a water saving plumbing code for new construction and for replacement of plumbing fixtures in existing structures. The City of Plainview has adopted the 1988 edition of the Uniform Plumbing Code. The city limits residential meters (including ~prinkler systems) to one inch or smaller, which / tends to discourage excess water use and encourage conservation. Water Conservation Retrofit Program Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 2 Title V of the Health and Safety Code, Subsection E, Chapter 421 requires that businesses stock and sell only plumbing fixtures which conform to water saving performance standards. This will ensure that plumbing fixtures installed during new construction and remodeling will be of the conservation oriented type. The City of Plainview will advise customers regarding retrofit devices (such as low-flow shower heads, toilet dams, faucet aerators, etc.) that reduce water use by replacing or modifying existing fixtures. Conservation Oriented Water Rate Structure The City of Plainview currently has a non-declining rate structure for water sales, which encourages water conservation. The City is moving toward adopting an ascending block rate structure, which will further discourage the wasteful use of large quantities of water. The City is now relating sewer charges to water consumption, with a 20,000 gallon ceiling, and that also encourages water conservation. Universal Metering and Meter Repair and Replacement All connections to the water supply system in Plainview are metered with new meters having been recently installed in most of the City. The City is testing and replacing meters on an on-going basis, concentrating on the largest meters first. Meter readers classify the apparent conditions of all City meters, and repairs are initiated in areas with poor classification. Universal metering will continue after adoption of this plan. Plainview's production meters are located at the four booster pump stations at the City's groundwater storage tanks, at the water treaanent plant, and on two groundwater wells that pump directly into the distribution system. The City uses these meters to estimate and report its groundwater production. These meters will be tested and calibrated and will be retested Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 3 annually. Service meters larger than two inches (2") will be tested every two years. Service meters two inches (2") and smaller will be tested at least every ten years. Plainview is also planning to install a service meter to measure water used for backwash at the water treatment plant. Water Conserving Landscaping Educational material will include information relating to low water use landscaping. The City reviews and approves subdivision plans. At the time building permits are acquired, developers will be provided with literature pertaining to low water demand landscaping items. Nurseries and local businesses will also be provided with this literature. Leak Detection and Repair The current billing cycles make it difficult for the City of Plainview to accurately determine the amount of unaccounted-for water losses in the system. The City will implement a system using a 12-month moving total of water treated and pumped versus water sold in order to assess this amount more accurately. The average unaccounted-for water for the year 1991 was 16.6% of the annual water production. Losses of this size are not uncommon in municipal water systems. Plainview has almost immediate response to reports of water leaks, which minimizes water waste. The City has recently repaired the large meter at the Wal-Mart distribution center, which was found to be inaccurate. The City is also conducting audits to identify connections which bypass city meters and correct those which are found. The City of Plainview will continue to monitor monthly consumption. Classification of meter condition provides a reliable and effective leak detection program. The City is also aware that assistance in leak detecting surveys can be obtained from the Texas Water Water Conservation Ordinance No. 94-3002 m Attachment A-- Page 4 Development Board Staff. Recycling and Reuse The City of Plainview has authorized Freese and Nichols, Inc. to conduct a Wastewater Reuse Feasibility Study. The study includes an inventory of potential areas and specific uses of reclaimed water. The study also includes a market analysis, including identification of quantity, quality, selling price and infrastructure requirements necessary for marketing the reclaimed water. The City will investigate other reuse and recycling programs where legally possible and economically feasible. The City of Plainview currently recycles all water used for filter backwash at the water treatment plant. This amount is estimated at about 41,000 to 45,000 gallons per day. Water reclamation at the wastewater treatment plant is being considered by the City. External reuse at the plant site, including grass irrigation, ranges between 250,000 and 500,000 gallons per year. The wastewater treatment plant does not have intemal (chlorine contact makeup water) recycling because ultra-violet disinfection is used rather than chlorination. Implementation and Enforcement The City of Plainview, through its staff, will implement the Water Conservation Plan in accordance with the Council's adoption of the Plan, plumbing codes, and revisions thereof as set out in this Plan. Plalnview also maintains the authority to inspect any and all connections by Seth Ward WSC customers to the water distribution system located past the delivery point of the Corporation's water system. Contract with Other Political Subdivisions Any political subdivision and/or wholesale customer applying for new or renewed water Water Conservation Ordinance No. 94-3002 m Attachment A -- Page 5 contracts from the City of Plainview must have (1) an approved Texas Water Development Board Water Conservation and Drought Contingency Plan in effect, or (2) must officially adopt applicable provisions of the City of Plainview Water Conservation and Drought Contingency Plan. Annual Reporting The City, through adoption of this plan and as required by Section 363.181(b) Title 31 of the Texas Administrative Code (TAC), published June 24, 1986, commits to report to the Executive Director of the Texas Water Development Board annually. The report to the Director will contain information describing: a. Progress in Conservation Plan implementation. b. Public response to plan implementation and operation. c. Quantitative effectiveness with reference to: · system reduction and · reduction in customer or per capita use d. List of public information released during the year. Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 6 DROUGHT CONTINGENCY PLAN Threshold Conditions The Texas Water Development Board suggests four levels or "trigger conditions" for determining the degree of urgency for initiation of Drought Contingency Plan. These four levels of drought condition relate to the City of Plainview, and are as follows: a. Mild drought, occurs when: (a) The average daily water consumption reaches 90% of the production capacity, and has been that high for a period of three days. (b) Weather conditions indicate that high use is likely to continue. b. Moderate drought conditions are reached when: (a) The average daily water consumption reaches 100% of the rated production capacity for a three day period. (b) Weather conditions indicate mild drought will exist for five days or more. (c) A mechanical failure of pumping equipment which will require more than 24 hours to repair occurs when a mild drought is in progress. c. Severe drought classification is reached when: (a) Average daily water consumption reaches 110% of production capacity for a 24 hour period, (b) Average daily water consumption will not enable storage levels to be maintained, (c) System demand exceeds available high service pump capacity, or (d) a mechanical failure of pumping equipment which will require more than 12 hours to repair occurs when a moderate drought is in progress. d. An Emergency Condition is declared when: (a) the CRMWA system fails, and the surface water cannot be delivered to the City, (b) the water system is contaminated either accidently or intentionally, or (c) the water system fails from acts of God (tomadoes, Water Conservation Ordinance No. 94-3002 -- Attachment A Page 7 hurricanes, etc.) or man. An emergency condition is treated like a severe drought. Drought Contingency Measures The Water Conservation and Drought Contingency Ordinance adopted and included as part of this plan enables the City Manager to initiate action that will effectively implement the Plan. The following steps are recommended. Step I Step I curtailment shall be initiated upon existence of mild drought conditions and will include the following actions: a. Develop Information Center and designate information person. b. Advise public of condition and publicize availability of information from the Information Center. c. Encourage voluntary reduction of water use. d. Contact commercial and industrial users and explain necessity for initiation of strict conservation methods. e. Implement system oversight and make adjustments as required to meet changing conditions. Step II Step II curtailment shall be initiated by the City Manager on his or her identifying moderate drought conditions. The listed actions are compulsory on users and are intended to prohibit non-essential water use. ("Non-essential Water Use" is defined as washing house windows, sidings, eaves, and roof with hose, and without the use of a bucket; washing driveways, streets, curbs and gutters; washing vehicles without cutoff valve and bucket; Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 8 unattended sprinkling of landscape shrubs and grass; draining and filling swimming pools; and flushing water system.) a. Outdoor residential use of water will be permitted on alternate days. Even number houses will use water for outdoor residential uses on even days of the month and odd number houses on odd days of the month. Outdoor residential uses consist of washing vehicles, boats, trailers, landscape sprinkler systems and irrigation, recreational use of sprinklers, outside showers (in parks) and water slides. b. The City Manager will monitor system function and establish hours for outside water use, depending upon system performance. c. The Information Center and publicity elements shall keep the public advised of curtailment status. d. Commercial and industrial users will be visited to ensure that conservation measures have been initiated. Step. III Step III curtailment shall be initiated upon existence of a severe drought or emergency condition as determined by the City Manager. The City Manager will ban the use of water for: a. Vehicle washing, window washing, outside watering (lawn, shrubs, faucet dripping, garden, etc); b. Public water uses which are not essential for health, safety and sanitary purposes. These non-essential uses include: street washing, watering of parks, fire hydrant flushing, filling swimming pools, watering athletic fields and courses, and dust control sprinkling. c. Commercial uses not listed will be controlled to the extent dictated by the City Manager. Water Conservation Ordinance No. 94-3002 -- Attachment A m Page 9 Businesses requiring water as a basic function of the business, such as nurseries, commercial car wash, laundromats, high pressure water cleaning, etc., will obtain written permission from the City Manager for intended water use. '~ The System Priori _ty for water service shall be made based on the following priority list. a. Hospitals b. Residential c. Schools d. Industrial e. Commercial f. Recreational Information and Education The public will be made aware of conservation and drought conditions by information and data transfer through the City's program. During periods of drought curtailment, Step I conditions will establish an information center, an information person, and utilize the most effective methods developed for information dissemination on a daily basis. Close observation of the first year information program should develop the most effective ways to communicate with customers. Posting notices, newspaper articles, radio coverage and direct mail to customers will be used during the first year activities. Initiation Procedures Initiation procedures for drought response are described in this Plan. Each condition will be met with corresponding action by the City Manager. The City will affect curtailment, give notice, publicize and follow-up with implementation of curtailment. Water Conservation Ordinance No. 94-3002 -- Attachment A m Page 10 Termination Notification Termination of each drought condition will begin when conditions have improved to the extent that an upgraded condition can be declared by the City Manager. This process will be employed until full service can be provided. System priority will be considered in returning to upgraded condition. Termination will be initiated by the City Manager by giving notice, etc., as was given to enact drought curtailment. Modification, Deletion and Amendment The City Manager can add, delete, and amend rules, regulations and implementation as needed/desired, and shall advise the City Council of such amendments at its regular or called meeting. Means of Implementation Adoption of this Plan and Drought Contingency Ordinance will enable the City to implement and carry out enforcement of enacted ordinances to make the Plan effective and workable. Water Conservation Ordinance No. 94-3002 -- Attachment A -- Page 11