HomeMy WebLinkAbout14-3611 ordORDINANCE AMENDMENT
ORDINANCE NO. 14-3611
AN ORDINANCE AMENDING ARTICLE 13.05, WATER
CONSERVATION/DROUGHT CONTINGENCY PLAN, OF THE CITY
OF PLAINVIEW CODE OF ORDINANCES; CUMULATIVENESS
CLAUSE; REPEALER; CONFLICTS CLAUSE; SEVERABILITY
CLAUSE; AND EFFECTIVE DATE.
WHEREAS, the Texas Commission on Environmental Quality requires under
the Texas Administrative Code, Title 30, Chapter 288, that certain language be
included in the City of Plainview's Water Conservation and Drought Contingency
Plans; and
WHEREAS, the City Council of the City of Plainview, Texas determined that a
need exists and it is in the best public interest of the City to amend the Water Use
Management Plan, also known as the Water Conservation and Drought Contingency
Plan, as provided in Ordinance No. 07-3483; 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 desires to evidence its approval of the
amendments to the City of Plainview's Water Use Management Plan and adopt the
amended plan as an official policy of the City.
NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION I
Article 13.05, Water Conservation/Drought Contingency Plan, City of Plainview
Code of Ordinances is amended as follows:
Sec. 13.05.001 Adopted Adoption of Water Conservation /Drought Contingency Plan.
The City Council hereby approves and adopts
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aFt+lse Cit of Plainview Water �U�".7s'e Management Plan the followinq Water
Ord. No. 14-3611 water conservation Plan Page 1 of 13
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Conservation and Drought Contingency Plans as set forth below. S..e ifi -,k +w.n
s4W o..ill „+ be +.." ainta+Ade ily.' r. d erna d - at - o -r. beiewtat eyste
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equipment WIure, the water s�ste;m�,1-be this ntiR� ed The City commits to
implementing this program according to the procedures set forth in the adopted plans.
Sec. 13.05.002. Purpose
(q) The purpose of the Water Use Management Plan_ is to promote the wise
and responsible use of water, to enhance the sustainability of long-term water
supplies, and to minimize the adverse impacts of water supply_ emergencies by
providing and supporting public information and education programs that encourage
customers to voluntarily pursue water conservation and protection measures in both
residential and business activities; by developing, maintaining_ and enforcing water
management policies and ordinances; by implementing structural programs that result
in quantifiable water conservation results; and by implementing a drought/emergency
contingency plan when necessary to ensure adequate water supplies for public health
and safety.
The City's service area is located within the Llano Estacado Regional
Water Planning Area of the Texas Water Development Board, and the City shall
report to the Llano Estacado Regional Water Planning Group annually to assure
consistency with the regional water plan.
(c) The City will implement a detailed 121an for each of the four steps
in the Drought Contingency Measures, including water use strategies. - The target of
these strategies will be to maintain daily water demand at or below 70 percent of the
available water production capability. In the event of severe drought or major
infrastructure failures, certain water uses may be banned by the Citv Manager or
his/her designee.
Sec. 13.05.003. Definitions
The following words and phrases as used in this Ordinance shall have the
meanings respectively ascribed to them in this section unless the context clear)
indicates otherwise:
Aesthetic water use -- Water use for ornamental or decorative purposes such as
fountains, reflecting pools, and water gardens.
Conservation - Those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve efficiency in the use
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of water or increase the recycling and reuse of water so that a supply is conserved
and made available for future or alternative use.
Customer -- Any individual, corporation partnership, association, and any other legal
entity utilizing water provided by the City of Plainview.
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, except as provided under the definition of
nonessential water use.
Drought — An extended period of time of below normal precipitation rainfall snow,
etc.
Landscape irrigation use -- Water use for irrigation and maintenance of landscaped
areas, whether publicly or privately owned, including residential and commercial
lawns, gardens, golf courses, parks, and rights-of-way and medians.
Nonessential water use — Nonessential water use consists of washing house
windows, sidings, eaves, and roof with hose, and without the use of a bucket:
washing driveways, streets curbs and utters• washing vehicles without cutoff valve
and bucket; unattended sprinkling of landscape shrubs and -grass, draining and filling
swimming pools: and flushing water system.
Sec. 13.05.031 -aR4 4R#er-mati ne
Water Conservation Plan
The Water Conservation Plan, as adopted by the City, consists of the
following:
(a) Continuing Public Education and Information Programs: The City of
Plainview will inform the city users of various recommended methods for
implementing a reduction in water consumption. The City will provide talks and
programs to schools and civic organizations along with distributing materials which
are available from the Texas Water Development Board and other agencies in
accordance with City of Plainview Administrative Policy on Water Conservation Plan
Continuing Education and Information Programs.
(bl Plumbing Codes: The State Law requires that
population of 5,000 or more adopt a standard plumbing
plumbing code for new construction and for replacemen
existing structures. The City of Plainview has adopted
Ord. No. 14-3511 water Conservation Plan
cities and utilities with a
code or a water saving
t of plumbing fixtures in
the 2009 edition of the
Page 3 of 13
1
International Plumbing Code as adopted by the International Code Council. The City
limits residential meters (including sprinkler systems) to one inch or smaller, which
tends to discourage excess water use and encourage conservation.
(c) Water Conservation Retrofit Program: Title V of the Health and Safety
Code, Chapter 372 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.
(d) Conservation Oriented Water Rate Structure: The City has adopted 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 14,000 gallon ceiling on single family residential. awe,
ef�ceeraftes watef sensefvahori.
(e) Universal Metering and Meter Repair and Replacement: All connections
to the water supply system in Plainview are metered. 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.
(1) Plainview's production meters are located at the booster pump
stations, at the City's groundwater storage tanks, at the water
treatment plant, and on groundwater wells that pump directly into the
distribution system. The City uses these meters to report its
groundwater production. Tlie�;e met is- are tested and calibrated
aRR�JA.
(2) 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 has installed a service meter to
measure water used for backwash at the water treatment plant.
(f) 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.
(g) Leak Detection and Repair: The City's system uses a 12 -month moving total
Ord. No. 14-3611 water conservation Plan Page 4 of 13
of water treated and pumped versus water sold in order to assess more accurately the
amount of unaccounted for water losses in the system. The average unaccounted for
water f, e =4 wra-4-`i-2° -e#- the annusl wateF PFqdUGtiqR has ranged from
11 % to 15% in previous years. Leaks that go unreported for extended periods of time
or large pipe failures that make for difficult estimates of total water loss can skew these
numbers from year to year. The City of Plainview will continue to refine our methods of
calculating water loss due to these issues to better understand our actual unaccounted
for water loss.
(1) Plainview has almost immediate response to reports of water
leaks, which minimizes water waste. The City is conducting audits to
identify connections which bypass city meters and correct those which
are found.
(2) 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 Development Board Staff.
(h) Specific Quantified 5 & 10 Year Targets. The City's average daily water
usage is approximately 211 qlpcd. The City of Plainview continues throucih a
drought of record requiring chan es for future needs in the City's water usage.
Notwithstanding changes in the Plainview water usage, Plainview citizens and
businesses can reduce water usage by implementing water conservation practices._
The City's water conservation oals are to:
M Reduce annual per capita water usage to 21-4 206 gallons per
person per day (or by 2.5 percent) by the year 2018.
(2) Reduce annual per capita water use to 2 200 _gallons per
person per day (or by 5 percent) by the year 2023.
This should be accomplished through education and information programs, a
conservation retrofit program, conservation oriented water rate structure and metering
as well as a meter repair and replacement program.
(i) Recycling and Reuse. The City of Plainview will investigate reuse and
recycling programs where legally possible and economically feasible. Thee City
GH ptly-reeycles-all -water-used#er-filter- kwash at the water- +�atr-Rt „pant This
a R,9Unt ye eSt:,_,ated at n.6gmit A I AQ Qto {OGG gallaes- r ay+. Water reclamation at
the wastewater treatment plant is being considered by the City. Proposed uses will be
plant wash -down water, on-site irrigation, and possible off-site irrigation.
0) Pro Rata Water Allocation. In the event that the triggering criteria in level
"3" (Severe Drought Conditions), as specified in Threshold Conditions of the Drought
Contingency Plan have been met, the City Manager is hereby authorized to initiate
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In
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allocation of water supplies on a pro. rata basis in accordance with Texas Water Code
Section 11.039.
(k) Implementation and Enforcement. The City of Plainview, through its staff,
will implement the Water Conservation Plan in accordance with the City Council's
adoption of the Plan, plumbing codes, and revisions thereof as set out in this Plan.
Plainview also maintains the authority to inspect any and all connections by Seth
Ward Water Supply Corporation customers to the water distribution system located
past the delivery point of the Corporation's water system.
(1) Contract with Other Political Subdivisions. Any political subdivision and/or
wholesale customer applying for new or renewed water contracts from the City of
Plainview must have (1) an approved 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. In addition, every wholesale
water contract entered into or renewed after adoption of the Plan, including contract
extensions, must agree that in case of a water shortage resulting from drought, the
water to be distributed shall be divided in accordance with Texas Water Code, §
11.039.
Sec. 13.05.032. Drought Contingency and Emergency Plan
The Drought Contingency Plan, as adopted by the City, is as follows:
(a) Threshold Conditions. The Texas Water Development Board suggests four
levels or "trigger conditions" for determining the degree of urgency for
initiation of a Drought Contingency Plan. The "triggering criteria" .below are
based on an evaluation of the historical water system capacities and
customer use patterns as well as a consideration of the impact of drought,
emergencies, and high use upon capacities and patterns. These four levels
as they relate to the City of Plainview, and are as follows:
(1) Mild water shortage occurs when: (i) the average daily water
consumption reaches approximately 70% 00% of the available water
production capacity, and has been that high for a period of three
days; and (ii) weather conditions indicate that high use is likely to
continue.
(2) Moderate water shortage conditions are reached when: (i) the
average daily water consumption reaches approximately 80% 100%
of the rated available water production capacity for a three day
period; (ii) weather conditions indicate mild water shortage will exist
for five days or more; or (iii) a mechanical failure of pumping
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equipment which will require more than 24 hours to repair occurs
when a mild water shortage is in progress.
(3) Severe water shortage classification is reached when: (i) average
daily water consumption reaches approximately 90% -1441% of
available water production capacity for a period of three days a 4
, (ii) average daily water consumption will not enable
storage levels to be maintained, (iii) system demand exceeds
available high service pump capacity, or (iv) a mechanical failure of
pumping equipment which will require more than 12 hours to repair
occurs when a moderate drought is in progress.
(4) An Emergency Condition is declared when: (i) the CRMWA
system fails, and the sUFfase water cannot be delivered to the City,
(ii) the water system is contaminated either accidentally or
intentionally, or (iii) the water system fails from acts of God
(tornadoes, hurricanes, etc.) or man. An emergency condition is
treated like a severe drought.
(b) Water Shortage Contingency Measures. The City Manager, or his/her
designee, shall monitor water supply and, in accordance with the triggering
criteria set forth in Section 13.05.032(a), shall determine that mild, moderate,
or severe water shortage conditions exist or that an emergency condition
exists and shall implement the following Plan. The City shall notify the
executive director of the Texas Commission on Environmental Quality
(TCEQ) as soon as possible to notify the director that mandatory provisions
of this Plan have been implemented.
(1) Step I. Curtailment shall be initiated upon existence of mild water
shortage conditions and will include the following actions:
(i) Develop Information Center and designate information person.
(ii) Advise public of condition and publicize availability of information
from the Information Center.
(iii) Encourage voluntary reduction of water use.
(iv) Contact commercial and industrial users and explain necessity
for initiation of strict conservation methods.
(v) Implement system oversight and make adjustments as required
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to meet changing conditions.
(vi) Target: Raise public awareness of the situation and maintain
daily water demand at or below 70 L4percent of available water
production capacity syWstem.
(2) Step 11. Curtailment shall be initiated by the City Manager on h -i -s
identifying moderate water shortage conditions. The listed actions are
compulsory on users and are intended to prohibit non-essential water
use.
(i) Outdoor residential use of water will be permitted on alternate
days. Even -numbered houses will use water for outdoor residential
uses on even days of the month and odd -numbered 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.
(ii) The City Manager, or his/her designee, will monitor system
function and establish hours for outside water use, depending upon
system performance.
(iii) The Information Center and publicity elements shall keep the
public advised of curtailment status.
(iv) Commercial and industrial users will be visited to ensure that
conservation measures have been initiated.
(v)Target: Reduce and maintain daily water demand at or below 3
90 percent of available water production system capacity.
(3) Step 111. Curtailment shall be initiated upon existence of a severe water
shortage as determined by the City Manager_ The City Manager will ban
the use of water for:
(i) Vehicle washing, window washing, outside watering (lawn,
shrubs, faucet dripping, garden, etc);
(ii) 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
Ord. No. 14•-3611 water Conservation Plan Page 8 of 13
sprinkling.
(iii) Commercial uses not listed will be controlled to the extent
dictated by the City Manager.
(iv) Target: Reduce and maintain daily water demand at or below 90
percent of available water production, system capacity, or in any
emergency condition of system outages due to equipment failure,
temporarily discontinue water system operating.
(4) Step IV curtailment shall be initiated by the City Manager on lois
identifying an emergency condition. The listed actions are compulsory on
users:
(i) All aesthetic and nonessential water use, including landscape
irrigation use, is prohibited, except where necessary to protect the
health, safety, and welfare of the public. No new landscape material
may be installed.
(ii) All City of Plainview operations will adhere to the water use
restrictions.
(iii) The City may reduce water system pressure to conserve water.
(c) Businesses requiring water as a basic function of their operation, such as
nurseries, commercial car wash, laundromats, high pressure water cleaning,
etc., will obtain written permission from the City Manager for intended water
use.
(d) The System Priority for water service shall be made based on the following
priority list.
(1) Hospitals
(2) Residential
(3) Schools
(4) Industrial
(5) Commercial
(6) Recreational
(e) Alternative Water Sources. The City of Plainview has two water sources:
(i) water pumped by wells from the Ogallala Aquifer and (ii) water delivered to the
City's Water Treatment Plant by Canadian River Municipal Water Authority
(CRMWA). The wells are located in different areas of the City and are powered by
different electrical sources. A portion of the wells should be operational at any given
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time. The treatment plant can be completely operational without power provided by
the electric company as long as water is supplied by CRMWA.
With these two water sources, it is highly unlikely that both sources would be out
at the same time. If that should happen, water would have to be trucked into the city
from other sources.
(f) Information and Education. The public will be made aware of water
conservation and drought conditions by information and data transferred through the
City's program. During periods of water shortage curtailment, Step I conditions wiil
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.
(g) Initiation Procedures. Initiation procedures for water shortage response are
described in this Plan. Each condition will be met with corresponding action by the
City Manager or his/her designee. The City will affect curtailment, give notice,
publicize and follow-up with implementation of curtailment.
(h) Termination Notification. Termination of each water shortage 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 water shortage curtailment.
(i) Variances. The City Manager, 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:
(1) 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.
(2) Alternative methods can be implemented which will achieve the
same level of reduction in water use.
0) Exemptions. Persons requesting an exemption from the provisions of this
Ordinance shall file a petition for variance with the City of Plainview within 5 days after
Ord. Na. 14-3611 water Conservation Plan Page 10 of 13
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the Plan or a particular water shortage response stage has been invoked. All petitions
for variances shall be reviewed by the City Manager, and shall include the following:
(1) Name 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.
(5) 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.
(k) Variances granted by the City of Plainview shall be subject to the following
conditions, unless waived or modified by the City Manager: 0
(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 failed 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.
(1) 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.
(m) Means of Implementation. The City Manager is hereby authorized and
directed to implement the applicable provisions of this plan. The City Manager will
oversee the execution and implementation of all elements of the Plan to ensure that
adequate records are kept for program verification.
Section 13.05.033. Users of city water, except for the City, that do not comply_ with
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Sections 13.05.031 and 13.05.032 of this Article shall be subject to a penalty and fine
of not less than $10.00 per day, nor more than $200.00_oer day for each day of non-
compliance and/or disconnection or discontinuance of water services to such users by
the City.
Secs. 13.05.034 -13.05.080. Reserved
SECTION !1
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 III
All ordinances or parts of ordinances inconsistent with any provisions of this
ordinance are hereby repealed to the extent of such conflict, and the provisions of this
ordinance shall be and remain controlling as to the matters regulated herein.
SECTION IV
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION V
Severability is intended throughout and within this Article. If any provision,
including any section, paragraph, sentence, clause, phrase or word or the application
thereof to any person or circumstance is held invalid, unconstitutional, or unenforceable
by a court of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance. A constitutional
construction hereof is intended and shall be given. There is not intent herein to violate
either of the Texas Constitution or the Constitution of the United States.
SECTION VI
This Ordinance shall be in full force and effect upon its passage and
publication as required by law.
PASSED AND APPROVED on first reading this 24'" day of June, 2014.
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PASSED AND APPROVED on second reading this 8t' day of July, 2014.
Wen !I Dun ap, Mayor
ATTE T:
Belinda Hinojosa, City S tary
APPROVED AS TO CONTENT:
Jeffrey S r, Cit anager
APPROVED AS TO FORM:
1
Lesl a Spear, -M(y A orney
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