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Ord. 1381 2009-04-13ORDINANCE NO. 1381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF PEARLAND TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND /OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN. WHEREAS, the City Council recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City Council recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality require that the City adopt a Water Conservation and Drought Contingency and Water Emergency Response Plan; and WHEREAS, the City Council has determined an urgent need in the best interest of the public to adopt a Water Conservation and Drought Contingency and Water Emergency Response Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and WHEREAS, the City Council of the City of Pearland desires to adopt the Water Conservation and Drought Contingency and Water Emergency Response Plan as official City policy for the conservation of water; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby approves and adopts the Water Conservation and Drought Contingency and Water Emergency Response Plan (the "Plan "), attached ORDINANCE NO. 1381 hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291 failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) and /or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all time 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 posting thereof. Section 4. 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. Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. ORDINANCE NO. 1381 Section 6. 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. Section 7. Ordinances No. 1009 and 1009 -1 are hereby repealed. PASSED and APPROVED ON FIRST READING this the 13th day of April, A. D., 2009. TOM REID MAYOR ATTEST: .� 9 . -G �," / SECRETARY i� APPROVED AS TO FORM: 0 - A. &t-- DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of April, A. D., 2009. 3 OM REID MAYOR ORDINANCE NO. 1381 ATTEST: War! HF E. . APPROVED AS TO FORM: OA,n=� tr -(es DARRIN M. COKER CITY ATTORNEY 4 VOTING RECORD SECOND AND FINAL READING APRIL 27, 2009 Voting "Aye" - Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No" — None. Motion passed 5 to 0. PUBLICATION DATE: April 29, 2009 EFFECTIVE DATE: May 1, 2009 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS CITY OF PEARLAND WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN THOMAS OC BGOOCHma% e. 50668 e April 2009 Prepared By: Freese and Nichols, Inc. 2010 Broadway Pearland, Texas 77581 (281) 485 -2404 PRL -09106 rm Freese and Nichols TOIVZ This water conservation and drought contingency and water emergency response plan was prepared by Freese and Nichols for the City of Pearland. The plan was prepared pursuant to Texas Commission on Environmental Quality rules. To develop a regional approach, the water conservation plan and drought contingency plan for the City of Houston and information from the Region H Water Planning Group 2006 Regional Water Plan were consulted. Questions regarding this water conservation and drought contingency and water emergency response plan should be addressed to the following: _ Tom Gooch, P.E. Amy Kaarlela Danny Cameron Freese and Nichols, Inc. Freese and Nichols, Inc. Director of Public Works (817) 735 -7300 (817) 735 -7300 City of Pearland ttcg@freese.com (281) 652 -1904 The water conservation and drought contingency and water emergency response plan is based on the Texas Administrative Code in effect in January 2009. Water Conservation and Drought City ofPearland Contingency and Water Emergency Response Plan TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES .................................... ............................1 -1 2. WATER SYSTEM DESCRIPTION AND UTILITY PROFILE ........................2 -1 3. SPECIFICATION OF WATER CONSERVATION GOALS ............................3 -1 4. It 4.1 4.2 4.3 4.4 4.5 IETERING, LEAK DETECTION AND RECORD MANAGEMENT............ 4 -1 Accurate Metering of Water Pumping and Del iveries . ............................4 -1 Universal Metering ...................................................... ............................4 -1 Determination and Control of Unaccounted Water .. ............................... 4 -1 Leak Detection and Repair ........................................... ............................4 -2 Record Management System .................................... ............................... 4 -2 5. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN 5 -1 6. WATER RATE STRUCTURE ................................................... ............................6 -1 7. OTHER WATER CONSERVATION MEASURES ............. ............................... 7 -1 7.1 City of Houston System Operation .............................. ............................7 -1 7.2 Reuse and Recycling of Wastewater ............................ ............................7 -1 - 7.3 Ordinances, Plumbing Codes, or Rules on Water - Conserving Fixtures.. 7 -1 7.4 Landscape Water Management Measures ................ ............................... 7 -1 7.5 Additional Water Conservation Measures ................ ............................... 7 -1 7.6 Requirement for Water Conservation Plans by Wholesale Customers ... 7 -2 7.7 Coordination ............................................................. ............................... 7 -2 7.8 Water Conservation Implementation Report ............ ............................... 7 -2 S. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATIONPLAN ........................................................ ............................... 8 -1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN .................... 9 -1 10. I 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 IROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN ......10 -1 Introduction................................................................. ...........................10 -1 Provisions to Inform the Public and Opportunity for Public Input........ 10 -1 Provisions for Continuing Public Education and Information ............... 10 -1 Initiation and Termination of Drought or Emergency Response Stages 10 -2 Drought Contingency and Emergency Response Stages and Measures 10 -3 Procedures for Granting Variances to the Plan .......... ..........................10 -10 Procedures for Enforcing Mandatory Water Use Restrictions ............ 10 -10 Coordination......................................................... ............................... 10 -11 Review and Update of Drought Contingency and Water Emergency ResponsePlan ............................................................ ..........................10 -11 Water Conservation and Drought City ofPearland Contingency and Water Emergency Response Plan APPENDICES APPENDIX A List of References APPENDIX B TCEQ Rules on Municipal Water Conservation and Drought Contingency Plans APPENDIX C Conservation and Drought Contingency Plan Sections Addressing TCEQ Rules APPENDIX D TCEQ Water Utility Profile APPENDIX E Considerations for Landscape Water Management Regulations APPENDIX F Letters to Region H Water Planning Group and the City of Houston APPENDIX G Adoption of Water Conservation and Drought Contingency and Water Emergency Response Plan • Municipal Ordinance Adopting Water Conservation and Drought Contingency and Water Emergency Response Plan • Municipal Ordinance Pertaining to Illegal Water Connections and Theft of Water APPENDIX H TCEQ Water Conservation Implementation Report ii _ Water Conservation and Drought Contingency and Water Emergency Response Plan for the City of Pearland _ April 2009 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the growing population and economic development of the City of Pearland have led to _ increasing demands for water supplies. Historic reliance on groundwater supplies in the area has caused subsidence in the Gulf Coast Aquifer. The Harris- Galveston Subsidence District and the Fort Bend Subsidence District were created to reduce subsidence by reducing reliance on groundwater. Utilities in those districts are being encouraged to transition from groundwater to surface water. The recently created Brazoria County Groundwater Conservation District has limited authority over groundwater pumping in the county. Additional surface water supplies to meet higher demands will come at higher cost than current groundwater resources. It is therefore important that the City of Pearland make the most efficient use of existing supplies in order to delay the need for new supplies. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation and drought contingency plans for public water suppliers. 1' 2 These TCEQ guidelines and requirements are included in Appendix B. The best management practices established by the Water Conservation Implementation Task Force 3, established pursuant to SB 1094 by the 78th Legislature, were also considered in the development of the water conservation measures in this plan. The City of Pearland has developed this water conservation and drought contingency and water emergency response plan following TCEQ guidelines and requirements. This water conservation and drought contingency and water emergency response plan was developed with consideration of the City of Houston's Water Conservation Plano and Drought Contingency Plan.5 This plan replaces the City of Pearland's Drought Contingency Plan dated August 20056. The City of — Pearland has not reviousl completed a water conservation plan. p Y com P The water conservation sections of this plan include measures that are intended to result in ongoing, long -term water savings. The drought contingency and water emergency response sections of this plan address strategies designed to temporarily reduce water use in response to specific conditions. The objectives of this water conservation plan are as follows: To reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the loss and waste of water. 1.2 Superscripted numbers match references listed in Appendix A 1 -1 To improve efficiency in the use of water. To document the level of recycling and reuse in the water supply. ■ To extend the life of current water supplies by reducing the rate of growth in demand. To delay and decrease capital expenditures required to serve Pearland's future _ growth. ■ To satisfy the requirements set forth by TCEQ and other agencies. This plan includes all of the elements required by TCEQ. Some elements of this plan go beyond TCEQ requirements. Appendix C shows where the plan addresses specific TCEQ requirements. 1 -2 2. WATER SYSTEM DESCRIPTION AND UTILITY PROFILE Appendix D to this water conservation and drought contingency and water emergency response plan is the water utility profile for Pearland presented in the format recommended by the TCEQ. The City of Pearland provides water through ten city -owned wells and two surface water connections at which they purchase water. Pearland provides retail service to residential and commercial customers; the city does not have any wholesale customers. Pearland city limits encompass approximately 50 square miles. The 2000 Census reported a population of 37,640 people for Pearland. The 2008 population is estimated at 90,700. The city is projected to continue to grow rapidly in the coming decades. The city owns and operates ten water wells that have a combined pumping capacity of 11,004 gpm. Water is purchased from Harris County MUD 13 at the Green Tee Water Plant. (The ultimate source of this supply is treated water from Houston) The average volume purchased is 100,000 gallons per day. Water is purchased from the City of Houston at the Far Northwest Water Plant. Pearland has a contract to purchase a minimum of 70 million gallons per month (or 2.3 million gallons per day on average) from the City of Houston. Pearland is planning to develop an additional connection to purchase surface water from the City of Houston. Current plans are to purchase 10 MGD from Houston routed through the Alice Water Plant. An expansion of the Alice Plant to handle the additional supply is under design. Available city -wide ground and elevated storage capacities total 9.0 and 3.5 million gallons, respectively. -' Figure 1 shows the historic per capita use by the City of Pearland. Figure 2 shows the historic percentage of water loss by the City of Pearland. Figure 3 is a map showing the service area for the City of Pearland 2 -1 I Figure 1: City of Peartand per Capita Water Use -a 160.aa U !Z 140.00 A O 120.00 A A A7 A Ja 'FL 100,00 ----- -- A 0 80.00 - 60.00 S 40.00 20.00 .. ..... 0.00 1996 1998 2000 2002 2004 2006 2008 0 2003 2004 2005 2010 2006 2007 2008 2009 Year ♦Water Loss 2-2 3. SPECIFICATION OF WATER CONSERVATION GOALS TCEQ rules require the adoption of specific water conservation goals for a water conservation plan. As part of plan adoption, the City of Pearland developed 5 -year and 10- year goals for per capita municipal use. The goals for this water conservation plan include the following: • Keep the 5 -year average water use as of 2014 below 109 gallons per capita per day (5 -year goal). • Keep the 5 -year average water use as of 2019 below 107 gallons per capita per day (10 -year goal). • Maintain the level of unaccounted water in the system below 10 percent annually in 2009 and subsequent years, as discussed in Section 4.3. ■ Implement and maintain a program of universal metering and meter replacement and repair, as discussed in Section 4.2. • increase efficient water usage through landscape water management ordinance, as discussed in Section 7.4 and Appendix E. • Decrease waste in lawn irrigation by implementation and enforcement of a landscape water management ordinance, as discussed in Section 7.4. • Raise public awareness of water conservation and encourage responsible public behavior by a public education and information program, as discussed in Section 5. • Develop a system specific strategy to conserve water during peak demands, thereby reducing the peak use. • To delay and decrease capital expenditures required to serve Pearland's future growth. Table 3.1 Five -Year and Ten -Year Municipal Per Capita Water Use Goals (gpcd) Note: The current 5 -year average excludes data from 2007, which was a year of — abnormally low water use. 3 -1 Current 5 -Year 10 -Year Description Average Goal Goal cd cd cd Water Conservation Goals 111 109 107 Note: The current 5 -year average excludes data from 2007, which was a year of — abnormally low water use. 3 -1 4. METERING, LEAK DETECTION AND RECORD MANAGEMENT One of the key elements of water conservation is tracking water use and controlling losses through leaks and illegal diversions. It is important to carefully meter water use, detect and repair leaks in the distribution system and provide regular monitoring of unaccounted water. 4.1 Accurate Metering of Water Pumping and Deliveries Water pumped from groundwater supplies is metered by the City of Pearland with accuracy of f5 %. Water deliveries from the City of Houston are metered by the City of Houston using meters with accuracy of f2% (City of Houston Contract). The City of Houston maintains a program to pull, test and replace any meters determined to be functioning outside these parameters. 4.2 Universal Metering Except for some public uses, the City of Pearland meters all water users. The City is installing meters on all new public uses and the City is implementing a program to have all existing users metered by 2019. The City converted all meters to automated meters 10 years ago. Pearland has not have a formal meter testing program in recent years, but meter testing is conducted for any meter which displays unusual results. Accuracy of the meters has been good and has not required a formal meter testing program, but the City plans to implement such a program by 2014. 4.3 Determination and Control of Unaccounted Water Unaccounted water is the difference between water pumped from supplies and metered water sales to customers plus authorized but unmetered uses. (Authorized but unmetered uses would include use for fire fighting, releases for flushing of lines, uses associated with new construction, etc.) Unaccounted water can be caused by the following: • Inaccuracies in customer meters. (Customer meters tend to run more slowly as they age and under -report actual use.) • Accounts which are being used but have not yet been added to the billing system. • Losses due to water main breaks and leaks in the water distribution system. • Losses due to illegal connections and theft. • Other. Measures to control unaccounted water are part of the routine operations of the City. A leak detection and repair program is described in Section 4.4 below. Meter readers actively watch for and report signs of illegal connections, so they can be quickly addressed. Unaccounted water should be calculated in accordance with the provisions of Appendix D. With the measures described in this plan, Pearland should maintain unaccounted water below 10 percent in 2009 and subsequent years. If unaccounted water exceeds this goal, 4 -1 Pearland will implement a more intensive audit to determine the source(s) of and reduce the unaccounted water. 4.4 Leak Detection and Repair F As they travel the city performing their regular duties, maintenance crews and personnel actively look for and report evidence of leaks in the water distribution system. Areas of the - water distribution system in which numerous leaks and line breaks occur will be be targeted for replacement as funds are available. _ 4.5 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(B), the City of Pearland has a record management system which allows for the separation of water sales and uses into residential, commercial, public /institutional, and industrial categories. The City has not historically tracked these categories, but recent changes to the rate structure using different rates for residential and commercial customers require better tracking by category. 4 -2 5. CONTINUING PUBLIC EDUCATION AND INFORMATION CAMPAIGN The continuing public education and information campaign on water conservation includes - the following elements: ■ Notify customers through newspapers, e-mail, city website, and bill inserts. • The City website includes information on water conservation tips httn: / /www.citvofoearland.com /. • Notifying local organizations, schools, and civic groups that staff are available to " make presentations on Pearland's water conservation programs). • Consider developing or providing a water conservation curriculum for Pearland _ Public Schools. ■ Consider providing a water conservation booth at public events in which the City participates. 5 -1 6. WATER RATE STRUCTURE The City of Pearland has an increasing block rate structure for residential customers to discourage excessive water use. Current rates as of March 2009 are given below. Residential Rates 1. Monthly minimum charge $11.98. This includes up to 2,000 gallons water use. 2. 15C tier 2,000 gallons up to 6,000 gallons, $2.93 per thousand gallons. 3. 2nd tier from 6,001- 15,000 gallons, $3.67 per thousand gallons. 4. 3`d tier from 15,001- 25,000 gallons, $4.40 per thousand gallons. 5. 4d' tier is any additional usage over 25,001 gallons, $5.86 per thousand gallons. Commercial Rates Monthly minimum charge of $11.98 for the first 2,000 gallons of water. Each additional thousand gallons of water will be billed at $3.67. Multi -Unit Rates Monthly minimum charge of $10.89 for the first 2,000 gallons of water. Each additional thousand gallons of water will be billed at $3.67. Landscape or Irri a 'on Monthly minimum charge of $11.98 for the first 2,000 gallons of water. Each additional thousand gallons of water will be billed at $4.40. 6 -1 7. OTHER WATER CONSERVATION MEASURES 7.1 City of Houston System Operation The City of Pearland purchases treated surface water from the City of Houston. Houston's water right permits allow coordinated operation of its water supply sources. 7.2 Reuse and Recycling of Wastewater The City of Pearland treats wastewater at four wastewater treatment plants with a total capacity of 10 MGD. Reuse water is used for wash down at the wastewater treatment plants. Plans have been developed with Brazoria County MUD #4 to use effluent for golf course irrigation, but this is not currently being done. There are also plans to use effluent to irrigate a proposed arboretum/nature center. 7.3 Ordinances, Plumbing Codes, or Rules on Water - Conserving Fixtures Since 1992, the state has required water - conserving fixtures in new construction and renovations. The state standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that all new construction and renovations will use water - conserving fixtures. 7.4 Landscape Water Management Measures The City is currently considering adoption of a landscape management ordinance. Among the measures that such an ordinance might include are: Prohibition of watering of impervious surfaces. (Wind driven water drift will be taken into consideration.) • Prohibition of outdoor watering during precipitation or freeze events. ■ Rain and freeze sensors required on all new irrigation systems. Rain and freeze sensors must be maintained to function properly. • Requirement that all new irrigation systems be in compliance with state design and installation regulations (TAC Title 30, Part 1, Chapter 344). Appendix E is a summary of landscape water management measures that the City is considering. 7.5 Additional Water Conservation Measures The City recommends voluntary water use restrictions beginning July I and ending October 1 of each year: • Measures to be implemented directly by the City of Pearland to manage limited water supplies and/or reduce water demand: o Reduced or discontinued flushing of water mains. 7 -1 ■ Water customers are requested to voluntarily limit landscape irrigation use to even numbered days of the month for customers with street address ending in an even number (0,2,4,6,8), and odd numbered of the month for water customers with a street address ending in an odd number (1,3,5,7,9), and to irrigate landscapes between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 p.m. on designated watering days, except: o Landscape irrigation use is permitted at anytime if it is by means of a faucet filled bucket or watering can of five (5) gallon or less, hand held water hose, or drip irrigation. ■ Water customers are requested to practice water conservation and to minimize or discontinue non- essential water use. 7.6 Requirement for Water Conservation Plans by Wholesale Customers Currently the City of Pearland does not have any wholesale water customers. In the event that Pearland does, in the future, provide wholesale supply, any contract for the wholesale sale of water entered into after the adoption of this plan will include a requirement that the wholesale customer and any wholesale customers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code.' The requirement will also extend to each successive wholesale customer in the resale of the water. 7.7 Coordination A copy of this Water Conservation and Drought Contingency and Water Emergency Response Plan will be provided to the City of Houston and the Region H Water Planning Group. A copy of the cover letter to be sent with those plans is included in Appendix F. — 7.8 Water Conservation Implementation Report Appendix G includes the TCEQ - required water conservation implementation report. The report is due to the TCEQ by May 1 of each year, starting in the year 2009. This report lists the various water conservation strategies that have been implemented, including the date the strategy was implemented. The report also calls for the five -year and ten -year per capita water use goals from the previous water conservation plan (which is not applicable to Pearland because they did not have a previous conservation plan). The amount of water saved through conservation is also requested. The Texas Water Development Board plans to require a separate report beginning in 2010. 7 -2 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN — Appendix H contains a copy of an ordinance adopted by the City Council to adopt the water conservation plan. The ordinance designates responsible officials to implement and enforce the water conservation plan. Appendix E, the considerations for landscape water — management regulations, also includes information about enforcement. Appendix G includes a copy of an ordinance, order, or resolution that could be adopted related to illegal connections and water theft. Appendix G contains a sample ordinance that could be adopted for landscape irrigation to meet TAC Title 30, Part 1, Chapter 344. 8 -1 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN TCEQ requires that the water conservation plans be updated prior to May 1, 2009. The plans are required to be updated every five years thereafter. This plan fulfills the requirement for an update by May 1, 2009, and the plan will be updated as required and as appropriate based on new or updated information. 9 -1 10. DROUGHT CONTINGENCY AND EMERGENCY RESPONSE PLAN 10.1 Introduction The purpose of this drought contingency and water emergency response 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. — To satisfy the requirements set forth by TCEQ and other agencies A drought is defined as an extended period of time when an area receives insufficient amounts of rainfall to replenish the water supply, causing water supply shortages. In the absence of drought response measures, water demands tend to increase during a drought due to the need for additional outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies and on the relationship of demand to available supplies. 10.2 Provisions to Inform the Public and Opportunity for Public Input The City of Pearland will provide opportunity for public input in the development of this drought contingency and water emergency response plan by the following means: ■ Providing written notice of the proposed plan and the opportunity to comment on the plan by newspaper, posted notice, and notice on the web site. • Making the draft plan available on the web site. • Providing the draft plan to anyone requesting a copy. • Receiving input from the public at City Council workshops and meetings when the plan was under consideration. 10.3 Provisions for Continuing Public Education and Information After the plan is adopted the City will continue to inform and educate the public about the drought contingency and water emergency response plan by the following means: • Preparing a bulletin describing the plan and making it available at city hall and other appropriate locations. • Making the plan available to the public through the city web site. ■ Including information about the drought contingency and water emergency response plan on the city web site. 10 -1 • Notifying local organizations, schools, and civic groups that staff are available to make presentations on the drought contingency and water emergency response plan (usually in conjunction with presentations on water conservation programs). At any time that the drought contingency and water emergency response plan is activated or the drought stage or water emergency response stage changes, the City will notify local media of the issues, the drought response stage or water emergency response stage (if applicable), and the specific actions required of the public. The information will also be publicized on the city web site. Billing inserts and/or the "Connect -CTY" system will also be used as appropriate. (The "Connect -CTY" system is an automated calling system which can contact all of the City's customers. It will be used to notify them of the initiation or termination of drought stages.) 10.4 Initiation and Termination of Drought or Emergency Response Stages Initiation of a Drought or Water Emergency Response Stage The City Manager or his/her official designee may order the implementation of a drought or water emergency response stage when one or more of the trigger conditions for that stage is _ met. The following actions will be taken when a drought or water emergency response stage is initiated: • The public will be notified through local media and the city web site as described in Section 10.3. • The City of Houston will be notified by e -mail with a follow -up letter or fax that provides details of the reasons for initiation of the drought/water emergency response stage. • If any mandatory provisions of the drought contingency and water emergency _ response plan are activated, the City will notify the Executive Director of the TCEQ and the Houston Director of Public Works and Engineering within 5 business days. If drought contingency /water emergency response stages are initiated by the City of Houston, the City of Pearland will consider implementing the similar stage of the drought contingency plan. For other trigger conditions internal to the city, the City Manager or his/her official designee may decide not to order the implementation of a drought response stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. The reason for this decision should be documented. 10 -2 fi r -" Termination of a DrouQht/Emereency Response Stage The City Manager or his/her official designee may order the termination of a drought or water emergency response stage when the conditions for termination are met or at their discretion. The following actions will be taken when a drought or emergency response stage is terminated: The public will be notified through local media and the city web site as described in Section 10.3. • The City of Houston will be notified by e -mail with a follow -up letter or fax • If any mandatory provisions of the drought contingency and water emergency response plan that have been activated are terminated, the City will notify the Executive Director of the TCEQ and the Houston Director of Public Works and Engineering within 5 business days. The City Manager or his/her official designee may decide not to order the termination of a drought or water emergency response stage even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision should be documented. 10.5 Drought Contingency and Emergency Response Stages and Measures Stage I Initiation and Termination Conditions for Stage 1 The City may initiate Stage 1 if any one of the following conditions is met: • The City total daily water demand equals or exceeds 70 percent of the current available system operating capacity for three consecutive days. The City total daily water demand equals or exceeds 80 percent of the current available system operating capacity on a single day. • The City Manager or his/her official designee feels that the initiation of a Stage 1 drought is appropriate The City of Houston has initiated Stage 1. Stage 1 of the Plan may be rescinded when conditions listed as triggering events have ceased to exist for a period of seven consecutive days. Goal for Use Reduction and Actions Available under Stage 1 Stage 1 is intended to raise public awareness of potential drought or water emergency problems. The goal for water use reduction under Stage I is a 2 percent reduction in the amount of water produced by the City of Pearland. The City Manager or his/her official 10 -3 designee may order the implementation of any of the actions listed below, as deemed necessary: ■ Review the problems that caused the initiation of Stage 1. • Identify alternative water sources and or alternative delivery systems. • Measures to be implemented directly by the City of Pearland to manage limited water supplies and/or reduce water demand: o Reduced or discontinued flushing of water mains. o Reduced or discontinued irrigation of public landscaped areas. • Water customers are requested to voluntarily limit landscape irrigation use to even numbered days of the month for customers with street address ending in an even number (0,2,4,6,8), and odd numbered of the month for water customers with a street address ending in an odd number (1,3,5,7,9), and to irrigate landscapes between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 p.m. on designated watering days, except: c Landscape irrigation use is permitted at anytime if it is by means of a faucet filled bucket or watering can of five (5) gallon or less, hand held water hose, - or drip irrigation. • Water customers are requested to practice water conservation and to minimize or discontinue non - essential water use. • Increase public education efforts on ways to reduce water use. • Intensify efforts on leak detection and repair. Notify major water users and work with them to achieve voluntary water use reductions. • Attempt to decrease water purchases from the City of Houston by using groundwater where practical. Stage 2 Initiation and Termination Conditions for Stage 2 The City may initiate Stage 2 if any one of the following conditions is met: The City's total daily water demand equals or exceeds 80 percent of the available system operation capacity for three consecutive days. The City's total daily water demand equals or exceeds 90 percent of the available system operation capacity on a single day. • The City Manager or his/her official designee feels that the initiation of a Stage 2 drought is appropriate. • The City of Houston has initiated Stage 2. 10 -4 Stage 2 may terminate when the circumstances that caused the initiation of Stage 2 have ceased to exist for a period of seven consecutive days or when the City of Houston terminates its Stage 2 condition. Goal for Use Reduction and Actions Available under Stage 2 The goal for water use reduction under Stage 2 is a five percent reduction in the amount of water produced by the City of Pearland. The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The supplier must notify TCEQ and the City of Houston within five business days if these measures are implemented: • Continue or initiate any actions available under Stage 1. • Initiate studies to evaluate alternatives should conditions worsen. • Measures to be implemented directly by the City of Pearland to manage limited water supplies and/or reduce water demand: o Reduced or discontinued flushing of water mains, o Reduced or discontinued irrigation of public landscape areas; Requires notification to TCEQ - Water customers shall limit landscape irrigation use with hose -end sprinklers or automatic irrigation systems to even numbered days of the month for customers with street address ending in an even number (0,2,4,6,8), and odd numbered of the month for water customers with a street address ending in an odd number (1,3,5,7,9), and to irrigate landscapes between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 p.m. on designated watering days, except: o Landscape irrigation use is permitted at anytime if it is by means of a faucet filled bucket or watering can of five (5) gallon or less, hand held water hose, or drip irrigation. - Requires notification to TCEQ - Water customers shall limit non - essential water use to even numbered days of the month for customers with a street address ending in an even number (0,2,4,6 or 8), and odd numbered days of the month for water -- customers with a street address ending in an odd number (1,3,5,7 or 9), and only between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 10:00 p.m. on designated watering except: o Private motor vehicle washing, when allowed, shall be done with a hand- held bucket or a hand held hose equipped with a positive shutoff nozzle. o Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. o Vehicle washing may be exempted from these regulations if the health, safety and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. 10 -5 • Further accelerate public education efforts on ways to reduce water use. Encourage the public to wait until the current drought or emergency situation has passed before establishing new landscaping. • Attempt to decrease water purchases from the City of Houston by using groundwater where practical. Stage 3 Initiation and Termination Conditions for Stage 3 The City may initiate Stage 3 if any one of the following conditions is met: • The City total daily water demand equals or exceeds 85 percent of the available system operation capacity for three consecutive days. • The City total daily water demand equals or exceeds 95 percent of the available system operation capacity on a single day. • The City Manager or his/her official designee feels that the initiation of a Stage 3 drought is appropriate. • The City of Houston has initiated Stage 3. Stage 3 may terminate when the circumstances that caused the initiation of Stage 3 have ceased to exist for seven consecutive days or when the City of Houston terminates its Stage 3 condition. Goals for Use Reduction and Actions Available under Stage 3 The goal for water use reduction under Stage 3 is a reduction of ten percent in the amount of water produced by the City of Pearland. The City Manager or his/her official designee will consider implementing any action(s) required by the City of Houston. In addition, the City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The supplier must notify TCEQ and the City of Houston within five business days if these measures are implemented: • Continue or initiate any actions available under Stages 1 and 2. _, Implement viable alternative water supply strategies. Requires Notification to TCEQ — Initiate mandatory water use restrictions as follows: o Prohibit hosing of paved areas, buildings, or windows. a Prohibit operation of all ornamental fountains or other amenity impoundments (i.e. reflecting pools and water gardens) to the extent they use treated water. 10 -6 o Prohibit washing or rinsing of vehicles by hose except with a hose end cutoff _ nozzle. o Prohibit using water in such a manner as to allow runoff or other waste. Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation systems at each service address to once every seven days. Exceptions are as follows: o Foundations, new landscaping, new plantings (first year) of shrubs, and trees may be watered for up to 2 hours on any day by a hand -held hose, a soaker hose, or a dedicated zone using a drip irrigation system. o Golf courses may water greens and tee boxes without restrictions. o Public athletic fields used for competition may be watered twice per week. o Locations using other sources of water supply for irrigation may irrigate without restrictions. o Registered and properly functioning ET /Smart irrigation systems and drip irrigation systems may irrigate without restrictions. Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation systems between November 1 and March 31 to once every two weeks. An exception is allowed for landscape associated with new construction that may be watered as necessary for 30 days from the date of the certificate of occupancy, — temporary certificate of occupancy, or certificate of completion. • Requires Notification to TCEQ — Prohibit hydroseeding, hydromulching, and sprigging. Requires Notification to TCEQ — Existing swimming pools may not be drained and refilled (except to replace normal water loss). ■ Requires Notification to TCEQ - Initiate a rate surcharge for all water use over a certain level. _ Requires Notification to TCEQ — Prohibit watering of golf courses using treated water, except as needed to keep greens and tee boxes alive. • Attempt to decrease water purchases from the City of Houston by using groundwater where practical. Stage 4 Initiation and Termination Conditions for Stage 4 The City may initiate Stage 4 if any one of the following conditions is met: • The City total daily water demand equals or exceeds 90 percent of the available system operation capacity for three consecutive days. • The City total daily water demand equals or exceeds 98 percent of the available system operation capacity on a single day. 10 -7 • The City Manager or his/her official designee feels that the initiation of a Stage 4 drought is appropriate. • The City of Houston has initiated Stage 4. Stage 4 may terminate when the circumstances that caused the initiation of Stage 4 no longer prevail or when the City of Houston terminates its Stage 4 condition. Goals for Use Reduction and Actions Available under Stage 4 The goal for water use reduction under Stage 4 is a reduction of 15 percent of water used by the City of Pearland, or a greater reduction if deemed necessary by the City Manager or his/her official designee. The City Manager or his/her official designee will consider implementing any action(s) required by the City of Houston. In addition, the City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers. The supplier must notify TCEQ and the City of Houston within five business days if these measures are implemented. • Continue or initiate any actions available under Stages 1, 2, and 3. • Implement viable alternative water supply strategies. Requires Notification to TCEQ — Prohibit the irrigation of new landscaping using treated water. — Requires Notification to TCEQ — Prohibit washing of vehicles except as necessary for health, sanitation, or safety reasons. Requires Notification to TCEQ — Prohibit commercial and residential landscape — watering, except that foundations and trees may be watered for 2 hours on any day with a hand -held hose, a soaker hose, or a dedicated zone using a drip irrigation system. ET /Smart irrigation systems are not exempt from this requirement. Requires Notification to TCEQ — Prohibit golf course watering with treated water except for greens and tee boxes. Requires Notification to TCEQ — Prohibit the permitting of private pools. Pools already permitted may be completed and filled with water. Existing private and public pools may add water to maintain pool levels but may not be drained and refilled. Requires Notification to TCEQ — Require all commercial water users to reduce water use by a percentage established by the City Manager or his/her official designee. Attempt to decrease water purchases from the City of Houston by using groundwater where practical. 10 -8 Emergency Water Shortage Initiation and Termination Conditions for Emergency Water Shortaee The City may initiate an Emergency Water Shortage condition for all of the City or the affected part of the City if any one of the following conditions is met: • The City experiences major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or The City experiences natural or man -made contamination of the water supply source(s). The City's total daily water demand equals or exceeds 91 percent for three consecutive day and/or the system pressure falls below 30 psi on any single occasion. ■ The City Manager or his/her official designee feels that the initiation of an Emergency Water Shortage is appropriate. • The City of Houston has initiated emergency water shortage. — Emergency water shortage may terminate when the circumstances that caused the initiation of the emergency water shortage no longer prevail or when the City of Houston terminates its emergency water shortage condition. Goals for Use Reduction and Actions Available under Emergency Water Shorta ge The goal for water use reduction under an emergency water shortage is a reduction of 35 percent or whatever amount is deemed necessary. If circumstances warrant or if required by the City of Houston, the City Manager or his/her official designee can set a goal for a greater water use reduction. The City Manager or his/her official designee will consider implementing any action(s) required by the City of Houston. In addition, the City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. Measures can be initiated for all or part of the City, as appropriate. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers. The supplier must notify TCEQ and the City of Houston within five business days if these measures are implemented. ■ Continue or initiate any actions available under Stages 1, 2, 3, and 4. • Implement viable alternative water supply strategies. • Measures to be implemented directly by the City of Pearland to manage limited water supplies and/or reduce water demand: o Reduced or discontinued flushing of water mains. o Reduced or discontinued irrigation of public landscaped areas. • Requires notification to TCEQ - All landscape irrigation use is prohibited. 10 -9 • Requires notification to TCEQ - All non - essential water use is prohibited. ■ Requires notification to TCEQ - All aesthetic water use is prohibited. ■ Requires notification to TCEQ - All Commercial and institutional water use customers are encouraged to practice conservation measures and may be required to cease certain operations as directed by the City Manager or his/her official designee. Attempt to decrease water purchases from the City of Houston by using groundwater where practical. 10.6 Procedures for Granting Variances to the Plan The City Manager or his/her official designee may grant temporary variances for existing water uses otherwise prohibited under this drought contingency and water emergency response plan if one or more of the following conditions are met: Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation, or fire safety for the public or the person or entity requesting the variance. -- ■ Compliance with this plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. Variances shall be granted or denied at the discretion of the City Manager or his/her official designee. All petitions for variances should be in writing and should include the following information: ■ Name and address of the petitioners • Purpose of water use Specific provisions from which relief is requested • Detailed statement of the adverse effect of the provision from which relief is requested • Description of the relief requested Period of time for which the variance is sought ■ Alternative measures that will be taken to reduce water use • Other pertinent information. 10.7 Procedures for Enforcing Mandatory Water Use Restrictions Mandatory water use restrictions may be imposed in Stage 2, Stage 3, and Stage 4 drought contingency and emergency response stages. The penalties associated with the mandatory water use restrictions are included in the ordinance. 10 -10 Appendix G contains the ordinance that may be adopted by the city council regarding the drought contingency plan and emergency response plan, including enforcement of same. 10.8 Coordination A copy of this Water Conservation and Drought Contingency and Water Emergency Response Plan has been provided to the City of Houston and the Region H Water Planning Group. A copy of the cover letter to be sent with those plans is included in Appendix F. 10.9 Review and Update of Drought Contingency and Water Emergency Response Plan As required by TCEQ rules, the City of Pearland will review the drought contingency and emergency response plan every five years. The plan will be updated as appropriate based on new or updated information. 10 -11 APPENDIX A LIST OF Appendix A List of References (1) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter A, Rules 288.1 and 288.2, downloaded from htti)://info.sos.state. tX us pls /nub/readtac$ext.VicwTAC?tac view=4&ti= 30 &pt=1& ch =288. July 2007. (2) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rule 288.20, downloaded from hn://www.tnrce.state.tx.us /od/rulcs/pdflib/288&p 2007. (3) Water Conservation Implementation Task Force: "Texas Water Development Board Report 362, Water Conservation Best Management Practices Guide," prepared for the Texas Water Development Board, Austin, November 2004. (4) City of Houston.: Water Conservation Plan, City of Houston, Houston, 2004. (5) City of Houston.: Drought Contingency Plan, City of Houston, Houston, 2004. (6) City of Pearland.: Drought Contingency Plan for the City of Pearland, Pearland, July 25, 2005 (7) Freese and Nichols Inc. City of Pearland Water and Wastewater Impact Fee Study 2007 Update, Pearland, May 2008 (8) Kellogg Brown and Root and Turner Collie and Braden.: 2006 Region H Water Plan, Houston, December 16, 2005 A -1 APPENDIX B TCEQ RULES APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation and Drought Contingency Plans The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture- -Any of the following activities: —' (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non -soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use - -Any use or activity involving agriculture, including irrigation. (3) 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 water supply is made available for future or alternative uses. (4) Drought contingency plan- -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. A drought contingency plan may be a separate document identified as such or may be contained within - another water management document(s). (5) Industrial use - -The use of water in processes designed to convert materials of a lower M1 Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY _ PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural or Agriculture- -Any of the following activities: —' (A) cultivating the soil to produce crops for human food, animal feed, or planting seed or for the production of fibers; (B) the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non -soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production of food or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and (F) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure. (2) Agricultural use - -Any use or activity involving agriculture, including irrigation. (3) 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 water supply is made available for future or alternative uses. (4) Drought contingency plan- -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. A drought contingency plan may be a separate document identified as such or may be contained within - another water management document(s). (5) Industrial use - -The use of water in processes designed to convert materials of a lower M1 order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. (6) Irrigation - -The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which do not receive water through a municipal distribution system. (7) Irrigation water use efficiency - -The percentage of that amount of irrigation water which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water for irrigation purposes include, but are not limited to, evapotranspiration needs for vegetative maintenance and growth, salinity management, and leaching requirements associated with irrigation. (8) Mining use - -The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field repressuring. (9) Municipal per capita water use - -The sum total of water diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Municipal use - -The use of potable water within or outside a municipality and its environs whether supplied by a person, privately owned utility, political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water for domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system without special construction to meet its demands, and for the watering of lawns and family gardens. (11) Municipal use in gallons per capita per day - -The total average daily amount of water diverted or pumped for treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals. (12) Nursery grower - -A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or nonsoil media, who grows more than 50% of the products that the person either sells or leases, regardless of the variety sold, leased, or grown. For the purpose of this definition, grow means the actual cultivation or propagation of the product beyond the mere holding or maintaining of the item prior to sale or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs, or seedlings. (13) Pollution - -The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the ON _ public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (14) Public water supplier - -An individual or entity that supplies water to the public for human consumption. (15) Regional water planning group - -A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (16) Retail public water supplier - -An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (17) Reuse - -The authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a watercourse, lake, or other body of state -owned water. (18) Water conservation plan - -A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s). (19) Wholesale public water supplier - -An individual or entity that for compensation supplies water to another for resale to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not — resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for a delivery fee. Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146, amended to be effective October 7, 2004, 29 TexReg 9384. MIN Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER A WATER CONSERVATION PLANS RULE §288.2 Water Conservation Plans for Municipal Uses by Public Water Suppliers (a) A water conservation plan for municipal water use by public water suppliers shall — provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water conservation plans for municipal uses by public drinking water suppliers must include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B) until May 1, 2005, specification of conservation goals including, but not limited to, municipal per capita water use goals, the basis for the development of such goals, and a time frame for achieving the specified goals; (C) beginning May 1, 2005, specific, quantified five -year and ten -year targets for water savings to include goals for water loss programs and goals for municipal use, in gallons per capita per day. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to — measure and account for the amount of water diverted from the source of supply; (E) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (F) measures to determine and control unaccounted -for uses of water (for — example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections; abandoned services; etc.); — (G) a program of continuing public education and information regarding water conservation; (H) a water rate structure which is not "promotional," i.e., a rate structure which is cost -based and which does not encourage the excessive use of water; (I) a reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and (J) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the water supplier will implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans. (2) Additional content requirements. Water conservation plans for municipal uses by public drinking water suppliers serving a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control unaccounted -for uses of water; (B) a record management system to record water pumped, water deliveries, water sales, and water losses which allows for the desegregation of water sales and uses into the following user classes: (i) residential; (ii) commercial; (iii) public and institutional; and (iv) industrial; (C) a requirement in every wholesale water supply contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using the applicable elements in this chapter. If the customer intends to resell the water, then the contract between the initial supplier and 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 the provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the M, water conservation plan: (A) conservation- oriented water rates and water rate structures such as uniform or increasing block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water - conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; (C) a program for the replacement or retrofit of water - conserving plumbing fixtures in existing structures; (D) reuse and/or recycling of wastewater and/or graywater; (E) a program for pressure control and/or reduction in the distribution system and /or for customer connections; (F) a program and/or ordinance(s) for landscape water management; (G) a method for monitoring the effectiveness and efficiency of the water conservation plan; and (H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b) A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water Development Board. (c) Beginning May 1, 2005, a public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous five -year and ten -year targets and any other new or updated information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan not later than May 1, 2009, and every five years after that date to coincide with the regional water planning group. Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993, 18 -- TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384. 'we TITLE 30 PART I Texas Administrative Code ENVIRONMENTAL QUALITY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER B DROUGHT CONTINGENCY PLANS RULE §288.20 Drought Contingency Plans for Municipal Uses by Public Water Suppliers (a) A drought contingency plan for a retail public water supplier, where applicable, must include the following minimum elements. (1) Minimum requirements. Drought contingency plans must include the following minimum elements. (A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning _ the proposed plan and meeting. (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan. (C) The drought contingency plan must document coordination with the regional water planning groups for the service area of the retail public water supplier to ensure consistency with the appropriate approved regional water plans. (D) The drought contingency plan must include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and _ termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria. (E) The drought contingency plan must include drought or emergency response stages providing for the implementation of measures in response to at least the following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii) water production or distribution system limitations; (iii) supply source contamination; or T (iv) system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include the specific, quantified targets for water use reductions to be achieved during periods of water shortage and drought. The entity preparing the plan shall establish the targets. The goals m established by the entity under this subparagraph are not enforceable. (G) The drought contingency plan must include the specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to, the following: (i) curtailment of non - essential water uses; and (u) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non - municipal water supply, use of reclaimed water for non- potable purposes, etc.). (H) The drought contingency plan must include the procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. (I) The drought contingency plan must include procedures for granting variances to the plan. (J) The drought contingency plan must include procedures for the enforcement of any mandatory water use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service) for violations of such restrictions. (2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought contingency plan in accordance with this section and incorporate such plan into their tariff. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency plan appropriate provisions for responding to reductions in that water supply. (b) A wholesale or retail water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan. Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384. IM APPENDIX C CONSERVATION AND DROUGHT CONTINGENCY PLAN SECTIONS ADDRESSING TCEQ REQUII2MENTS APPENDIX C CONSERVATION AND DROUGHT CONTINGENCY PLAN SECTIONS ADDRESSING TCEQ RULES Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as "A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water."' The elements in the TCEQ water conservation rules covered in this conservation plan are listed below. Minimum Conservation Plan Requirements The minimum requirements in the Texas Administrative Code for Water Conservation Plans for Public Water Suppliers are covered in this report as follows: • 288.2(a)(1)(A) — Utility Profile — Section 2 and Appendix D ■ 288.2(a)(1)(B) — Specification of Goals — Section 3 • 288.2(a)(1)(C) — Specific, Quantified Goals — Section 3 • 288.2(a)(1)(D) — Accurate Metering — Sections 4.1 • 288. 2( a)( 1) (E) — Universal Metering — Section 4.2 • 288.2(a)(1)(F) — Determination and Control of Unaccounted Water — Section 4.3 • 288.2(a)(1)(G) — Public Education and Information Program — Section 5 • 288.2(a)(1)(M — Non - Promotional Water Rate Structure — Section 6 • 288.2(a)(1)(1) — Reservoir System Operation Plan — Section 7.1 • 288.2(a)(1)(.l) — Means of Implementation and Enforcement — Section 8 • 288.2(a)(1)(K) — Coordination with Regional Water Planning Group — Section 7.7 and Appendix F • 288.2(c) — Review and Update of Plan — Section 9 Conservation Additional Requirements (Population over 5,000) The Texas Administrative Code includes additional requirements for water conservation plans for drinking water supplies serving a population over 5,000: • 288.2(a)(2)(A) — Leak Detection, Repair, and Water Loss Accounting — Sections 4.3 and 4.4 • 288.2(a)(2)(B) — Record Management System — Section 4.5 C -1 • 288.2(a)(2)(C) — Requirement for Water Conservation Plans by Wholesale Customers — Section 7.6 Additional Conservation Strategies ~' The TCEQ requires that a water conservation implementation report be completed and submitted on an annual basis. This report is included in Appendix I. TCEQ rules also include optional, but not required, conservation strategies, which may be adopted by suppliers. • 288.2(a)(3)(A) — Conservation Oriented Water Rates — Section 6 • 288.2(a)(3)(B) — Ordinances, Plumbing Codes or Rules on Water- Conserving Fixtures — Section 7.3 • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 7.4 and Appendix E • 288.2(a)(3)(C) — Replacement or Retrofit of Water - Conserving Plumbing Fixtures — Section 7.4 288.2(a)(3)(D) —Reuse and Recycling of Wastewater — Section 7.2 • 288.2(a)(3)(F) — Considerations for Landscape Water Management Regulations — Section 7.5 and Appendix E • 288.2(a)(3)(G) —Monitoring Method —Not Included in this plan. • 288.2(a)(3)(H) — Additional Conservation Ordinance Provisions — Section 7.5 Drought Contingency Plans This model drought contingency and water emergency response plan is consistent with Texas Commission on Environmental Quality guidelines and requirements for the development of drought contingency plans for public water suppliers, contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code? This rule is contained in Appendix B. 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 — Section 10.2 • 288.20(a)(1)(B) — Provisions for Continuing Public Education and Information — Section 10.3 • 288.20(a)(1)(C) — Coordination with the Regional Water Planning Group — Section 10.8 • 288.20(a)(1)(D) — Criteria for Initiation and Termination of Drought Stages — Section 10.4 • 288.20(a)(1)(E) — Drought and Emergency Response Stages — Section 10.5 - C -2 • 288.20(a)(1)(F) — Specific, Quantified Targets for Water Use Reductions — Section 10.5 • 288.20(a)(1)(G) — Water Supply and Demand Management Measures for Each Stage — Secfion 10.5 • 288.20(a)(1)(H) — Procedures for Initiation and Termination of Drought Stages — Section 10.4 • 288.20(a)(1)(I) - Procedures for Granting Variances — Section 10.6 • 288.20(a)(1)(.n - Procedures for Enforcement of Mandatory Restrictions — Section 10.7 • 288.20(a)(3) — Consultation with Wholesale Supplier— Sections 1, 10.4, and 10.6 • 288.20(b) — Notification of Implementation of Mandatory Measures — Section 10.4 • 288.20(c) — Review and Update of Plan — Section 10.9 C -3 APPENDIX D WATER UTILITY PROFILE Water Utility Profile Based on TCEQ Format The purpose of the Water Utility Profile is to assist an applicant with water conservation plan development and to ensure that important information and data be considered when preparing your water conservation plan and goals. You may contact the Municipal Water Conservation Unit of the TWDB at 512- 936 -2391 for assistance, or the TCEQ Resource Protection Team at 512 - 2394691. Name of Entity: City ofPearland Address & Zip: 3519 Liberty Drive Pentland. TX 77581 Telephone Number: (28 11 652-19100 Fax Number: (281)652 -1710 Form Completed by: Danny Cameron Title: Director of Public Works Signature: Date: Name and phone number of person/department responsible for implementing a water conservation program: Name: Danny Cameron Public Works Phone Number: (281) 652 -1904 1. POPULATION AND CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your service -wea map and, if applicable, a copy of your Certificate of Convenience and and a service -area map. 2. Service area size (square miles): 3. Current population of service area: about 50 90.700 as of end of 2008 4. Current population served by utility. (end of 2008 - less than population because MUD 91 is in the city but has its own water: 86,256 water.) wastewater about 81,943 — 5. Population served by water utility for the previous five years. (Please list by year in ascending order.): Year End -of Year Population Average Population Average Population Served 2004 56,690 53,607 62,870 75,287 84,312 88 900 53,607 62,870 75,287 80,181 84 544 2005 69,050 2006 81524 2007 87,100 2008 90,700 D -1 Vote: End-of-Year population from City Planning Department. In 2007 and 2008, population served is less than population because of MUD 41 area, which is in the city but has a separate water supply. 6. Projected population for service area in the following decades: Year Population 2010 2020 2030 7. List sourcelmethod for the calculation of current and projected population: Current and projected populations from City of Pearland data. B. Active Connections 1. Current number of active connections. Check whether multi - family service is counted as Residential _% or Commercial _ Current year is: 2008 Treated Water Users Metered Residential 26,020 CommerciaU Industrial 756 rri ation 947 Other Government 183 Total 27,906 2. List the net number of new connections per year for most recent three years: Year 2006 2007 2008 Residential Cornm rcial Industrial then Total 3J76 3,031 1 1 260 Note: Data by type of connection were not available prior to 2008. D -2 C. High Volume Customers List normal water use for the five highest volume customers. (Please indicate if treated or mw water delivery.): 11. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gal): Please indicate: Diverted Water X Treated Water $ Year Use Treated or Customer (1,000 gaVyr) Raw Water? Shadow Creek Ranch 168,653.1 Treated Management 162,637 163,774 earland ISD 78,919.6 Treated hawcor 16,259.8 Treated Inland Amerimn(Waterford 11,488.5 Treated lace) 167,358 146,738 Salem village 9,145.1 Treated 11. WATER USE DATA FOR SERVICE AREA A. Water Accounting Data 1. Amount of water use for previous five years (in 1,000 gal): Please indicate: Diverted Water X Treated Water $ Year 2008 2007 2006 2005 2004 an 210,196 180,422 203,915 162,637 163,774 ebruary 213 573 178,306 175,520 141,376 128,849 March 238,269 234 569 236,646 167,358 146,738 ril 266,747 227,529 277,099 222,720 152,591 May 345 804 239 697 325 828 252,461 182 850 June 335 988 246 313 297 085 309,115 165 455 Jul 370 845 202 866 238,268 269,133 203,271 August 312,458 255,298 290,524 269,816 2-5912-08 Se tember 289,156 240,800 291,725 250,854 229,914 October 298,423 240,732 250,726 268,703 207,896 November 247,800 244,569 252,155 212,206 156 714 ecember 240,366 216,047 209,590 192,361 151,248 Total 3,369,625 2,707,147 3,049,081 2,718,740 2,148,508 Please indicate how the above figures were determined (e.g., from a master meter located at the point of diversion from a stream, or located at a point where raw water enters the treatment plant, or from water sales). The above figures were obtained from the City of Pearland. They are a combination of metered - groundwater pumping and metered surface water purchases. D -3 2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types Year Residential Commercial/ Industrial Irrigation Meters Builders Other Government Total Sold 2004 4.03 2006 162 543,250 5.58 2007 1,914,648.4 2005 2008 283,134,960 8.40 2,405,249.6 2006 _._ 2 557 087.2 _ 2007 2,282,920.4 2008 1,904,232.2 260 790.3 454 424.0 79,731.0 177 607.5 2 876 785.0 Note: Data by category are not available prior to 2008. 3. List previous five years records for water loss (the difference between water diverted (or treated) and water delivered (sold)). (TWDB requires that the data for this entry be reported in gallons.) Year Amount al. %n 2004 64,190,000 2.99 2005 109,675,100 4.03 2006 162 543,250 5.58 2007 241,619,543 8.93 2008 283,134,960 8.40 4. Municipal water use for previous five years: Year Total Diverted (or Treated) 1,000 al 2004 E(Averagefor 2,148,508 2005 2 718 740 2006 3 049 081 2007 2 707 147 3,369,625 D -4 B. Projected Water Demands If applicable, attach projected water supply demands for the next ten years using information such as population trends, historical water use, and economic growth in the service area over the next ten years and any additional water supply requirement from such growth. —. M. WATER SUPPLY SYSTEM DATA A. Water Supply Sources List all current water supply sources and the amounts authorized with each: Type Source Amount Authorized (AF/Y) Surface Water City of Houston and Harris Coun MUD 13 2 688 Groundwater IGulf Coast Aquifer 4,013 Contracts ICity of Houston Lnew contract 11,210 Other B. Treatment and Distribution System 1. Design daily capacity of system: 48 10 MGD 2. Storage capacity: Elevated 3 500 000 MG Ground 99_2944 MG 3. If surface water, do you recycle filter backwash to the head of the plant? N/A Yes _ No — If yes, approximately _MGD. Note: Pentland does not have any water treatment plants. 4. Please attach a description of the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. See Figure 3.1 for map. Pentland has 10 groundwater wells, two connections for purchased surface water, 6 elevated tanks, and 16 ground storage tanks. D -5 DeProjecteFgi7 mand (ata A Additional Water Supply Requirements 1 11,172 C City land 11,823 l land 1 12,475 l land _ _ EO1 D 15,086 r rland 16,089 t tland 16,614 C City of Pentland 1 16 905 C Ci o f Pear laad 17 099 C Ci of Pentland 17294 C Ci ofPearland 17.488 1 1 Ci of Pentland M. WATER SUPPLY SYSTEM DATA A. Water Supply Sources List all current water supply sources and the amounts authorized with each: Type Source Amount Authorized (AF/Y) Surface Water City of Houston and Harris Coun MUD 13 2 688 Groundwater IGulf Coast Aquifer 4,013 Contracts ICity of Houston Lnew contract 11,210 Other B. Treatment and Distribution System 1. Design daily capacity of system: 48 10 MGD 2. Storage capacity: Elevated 3 500 000 MG Ground 99_2944 MG 3. If surface water, do you recycle filter backwash to the head of the plant? N/A Yes _ No — If yes, approximately _MGD. Note: Pentland does not have any water treatment plants. 4. Please attach a description of the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. See Figure 3.1 for map. Pentland has 10 groundwater wells, two connections for purchased surface water, 6 elevated tanks, and 16 ground storage tanks. D -5 B. Treatment and Distribution System 1. Design daily capacity of system: 48 10 MGD 2. Storage capacity: Elevated 3 500 000 MG Ground 99_2944 MG 3. If surface water, do you recycle filter backwash to the head of the plant? N/A Yes _ No — If yes, approximately _MGD. Note: Pentland does not have any water treatment plants. 4. Please attach a description of the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. See Figure 3.1 for map. Pentland has 10 groundwater wells, two connections for purchased surface water, 6 elevated tanks, and 16 ground storage tanks. D -5 IV. WASTEWATER SYSTEM DATA — A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): 10.05 MGD 2. Is treated effluent used for irrigation on -site _ off -site — plant washdown X or chlorination/dechlorination _? If yes, approximately _ gallons per month. —_ 3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed of Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or map which locates the plant(s) and discharge points or disposal sites. A map of the wastewater system showing the location of the 5 wastewater treatment plants is at the end of this appendix. Treatment Plant Name TCE Number Operator Owuer Receiving Stream Barry Rose Facility 2 RN101613446 City of Pearland City of Pearland. Clear Creek Longwood Facility RN104480777 City of Pearland City of Pentland Clear Creek razoria County MUD 5 RN105274179 City of Pearl and City of Pentland Clear Creek Southwest Environmental Center W WTP RN101609196 City of Pearland Ci of Pezrlm Clear Creek Far Northwest Environmental Center RN104480819 I City of Pearland I Ci of Pearland Clear Creek D -6 B. Wastewater Data for Service Area —' 1. Percent of water service area served by wastewater system: about 9f % 2. Monthly volume of wastewater treated for previous three years (in 1,000 gallons): D -7 2006 2007 2008 4 747 7 484 7 174 4,741 5 489 6 471 4,488 6,485 6 470 F 4 470 6 102 5 214 5,046 6,138 5,319 5,768 6,098 5,913 6,885 8,643 5,240 August 5,048 5,936 6,151 Se tern er 4,717 6,020 5,639 ctober 9206 5 187 5,403 November 4674 5,636 5,963 December 5,844 5,026 5,293 Total 1 64.634 74,244 70 250 D -7 a A a w O U U) .E J U 7� APPENDIX E CONSIDERATIONS FOR LANDSCAPE WATER MANAGEMENT REGULATIONS APPENDIX E ` Considerations for Landscape Water Management Regulations A. Purpose The purpose of these proposed landscape water management regulations is to provide a consistent mechanism for preventing the waste of water resources. To enact these provisions, entities must verify legal authority to adopt such provisions, and must promulgate valid rules, orders, or ordinances. B. Potential Measures The following landscape water conservation measures could potentially be included in the landscape management regulations adopted and enforced in this plan. 1. Lawn and Landscape Irrigation Restrictions a. A person should avoid irrigating, watering, or causing or allowing the irrigation or watering of lawn or landscape located on any property owned, leased, or managed by that person in such a manner that causes: i. over - watering lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or ii. irrigating lawn or landscape during any form of precipitation or freezing conditions. This restriction applies to all forms of irrigation, including automatic sprinkler systems; or iii. the irrigation of impervious surfaces or other non - irrigated areas, wind driven water drift taken into consideration. b. A person should avoid the irrigation or watering of any lawn or landscape located on any property owned, leased, or managed by the person more than two times per week (Sunday through Saturday). 2. Rain and Freeze Sensors and/or ET or Smart Controllers a. Any new irrigation system installed on or after January 1, , must be equipped with rain and freeze sensing devices and/or ET or Smart controllers in compliance with state design and installation regulations. b. A person should avoid: i. knowingly or recklessly installs or allows the installation of new irrigation systems in violation of Subsection B.2.a; or ii, knowingly or recklessly operates or allows the operation of an irrigation system that does not comply with Subsection B.2.a. -- 3. Filling or Refilling of Ponds a. A person should not knowingly or recklessly fill or refill any natural or manmade pond located on any property owned, leased, or managed by the E -1 person by introducing any treated water to fill or refill the pond. This does not restrict the filling or maintenance of pond levels by the effect of natural water runoff or the introduction of well water into the pond. A pond is considered to be a still body of water with a surface area of 500 square feet or more (other than a swimming pool). 4. Lawn and Landscape Irrigation Restrictions — a. A person should avoid knowingly or recklessly operating a lawn or irrigation system or device on property that the person owns, leases, or manages that: i. has broken or missing sprinkler head(s); or ii. has not been properly maintained to prevent the waste of water. b. All new athletic fields must have separate irrigation systems that are capable of irrigating the playing fields separately from other open spaces. 5. Rain and Freeze Sensors a. Existing irrigation systems could be required to be retrofitted with rain and freeze sensors capable of multiprogramming within 5 years. C. Variances I. In special cases, variances may be granted to persons demonstrating extreme hardship or need. Variances may be granted under the following circumstances: a. the applicant must sign a compliance agreement agreeing to irrigate or water the lawn and/or landscape only in the amount and manner permitted by the variance; and b. the variance must not cause an immediate significant reduction to the water supply; and C. the extreme hardship or need requiring the variance must relate to — the health, safety, or welfare of the person making the request; and d. the health, safety, and welfare of the public and the person making the request must not be adversely affected by the requested variance. 2. A variance will be revoked upon a finding that: a. the applicant can no longer demonstrate extreme hardship or need; or b. the terms of the compliance agreement are violated; or C. the health, safety, or welfare of the public or other persons requires revocation. E -2 APPENDIX F LETTERS TO REGION F WATER PLANNING GROUP AND CITY OF HOUSTON APPENDIX F Letters to Region H Water Planning Group and the City of Houston Date Region H Water Planning Group CIO San Jacinto River Authority Atm. Jace Houston P.O. Box 329 Conroe, Texas 77305 Dear Sir: Enclosed please find a copy of the recently completed Water Conservation and Drought Contingency and Water Emergency Response Plan for the City of Pearland. I am submitting a copy of this plan to the Region H Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. The Board of the City of Pearland adopted the plan on 2009. Sincerely, Danny Cameron Public Works Director City of Pearland F -1 Date Ms. Yolanda Wilson, Water Conservation Coordinator City of Houston Water Conservation Program Public Works/Engineering- Drinking Water Operations 611 Walker, 218t Floor Houston, Texas 77002 Dear Ms. Wilson: Enclosed please find a copy of the recently completed Water Conservation and Drought Contingency and Water Emergency Response Plan for the City of Pearland. I am submitting a copy of this model plan to the City of Houston in accordance with the requirement of the City of Houston Water Supply Contract. The Board of the City of Pearland adopted the plan on 2009. Sincerely, Danny Cameron Public Works Director City of Pearland F -2 APPENDIX G TCEQ WATER CONSERVATION IMPLEMENTATION REPORT APPENDIX G TCEQ Water Conservation Implementation Report B Texas Commission on Environmental Quality TMee Water Conservation Implementation Report CEG report must be completed by entities that are required to submit a water conservation plan to the TCEQ dance with Title 30 Texas Administrative Code, Chapter 288. Please complete this report and submit it to 1 2. If you need assistance in completing this form, please contact the Resource Protection Team in the Wa Name: City of Pearland Address: 3519 Liberty Dr. Pearland, TX. 77581 Telephone Number: (281) 652 -1799 Fax: (281) 652 -1812 Title: Director of Public Form Completed By: Danny Cameron Works Signature: Date: I. WATER USES Indicate the type(s) of water uses (example: municipal, industrial, or agricultural). Municipal Use Use Use 11 WATER CONSERVATION MEASURES IMPLEMENTED Provide the water conservation measures and the dates the measures were implemented. Description of Water Conservation Measure: Universal metering of customer and public uses and meter testing repair and replacement The City began using automated meters 10 years ago. Date Implemented: 1999 Description of Water Conservation Measure: The City conducts annual water audits to determine the amount and control for unaccounted water. Date Implemented: G -1 Description of Water Conservation Measure: Leak Detection and Repair. The City crews and staff look for and report evidence or leaks in the water distribution system Once a leak is reported a crew responds to the site to repair the leak. Date Implemented: Description of Water Conservation Measure: Record Management System The City has a record management system which allows them to separate sales into various categories. Date Implemented: Description of Water Conservation Measure: Public Education through newspapers e -mail city website bill inserts, and the Connect -CTY automatic calling system. Date Implemented: Description of Water Conservation Measure: Increasing Block Rate Structure The City has an increasing block rate structure which encourages users to conserve water with higher rates for increased water use. Date Implemented: Description of Water Conservation Measure: Reuse and Recycling of Wastewater. Reuse water is used for wash down at the wastewater treatment plant. Date Implemented: Description of Water Conservation Measure: Landscape Water Management Measures Prohibits watering of impervious surfaces, watering during a rain or freeze events and requires all new irrigation systems to install a rain/freeze sensor. Date Implemented: G -2 Date Implemented: Description of Water Conservation Measure: Date Implemented: III. TARGETS A. Provide the specific and quantified five and ten -year targets as listed in water conservation plan for previous planning period. 5 -Year Specific /Quantified Target: N/A (No plan before May 2009 Date to achieve target: 10 -Year Specific /Quantified Target: N/A (No plan before May 2009 Date to achieve target: B. State if these targets in the water conservation plan are being met. The first water conservation plan was completed in May 2009. The City has not been able to track the targets set in the plan at this time. C. List the actual amount of water saved. The first water conservation plan was completed in May 2009. The City has not been able to track the actual amount of water saved from these programs at this time. D. If the targets are not being met, provide an explanation as to why, including any progress on the targets. G -3 If you have any questions on how to fill out this form or about the Water Conservation program, please contact the Texas Commission on Environmental Quality at (512) 239 -4691. Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected. To review such information, contact us at 512- 239 -3282. G -4 APPENDIX H ADOPTION OF WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN ORDINANCE NO. 1381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN FOR THE CITY OF PEARLAND TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND /OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PROVISIONS OF THE WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN. WHEREAS, the City Council recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City Council recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality require that the City adopt a Water Conservation and Drought Contingency and Water Emergency Response Plan; and WHEREAS, the City Council has determined an urgent need in the best interest of the public to adopt a Water Conservation and Drought Contingency and Water Emergency Response Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such Ordinances necessary to preserve and conserve its water resources; and — WHEREAS, the City Council of the City of Pearland desires to adopt the Water Conservation and Drought Contingency and Water Emergency Response Plan as official City policy for the conservation of water; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby approves and adopts the Water Conservation and Drought Contingency and Water Emergency Response Plan (the "Plan "), attached ORDINANCE NO. 1381 hereto as Addendum A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. Section 2. Any customer, defined pursuant to 30 Tex. Admin. Code Chapter 291 failing to comply with the provisions of the Plan shall be subject to a fine of up to two thousand dollars ($2,000.00) and /or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. The City's authority to seek injunctive or other civil relief available under the law is not limited by this section. Section 3. The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this Ordinance was posted at designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all time 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 matterthereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof. Section 4. 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. Section 5. The City Manager or his designee is hereby directed to file a copy of the Plan and this Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas Administrative Code. ORDINANCE NO. 1381 Section 6. 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. 2009. Section 7. Ordinances No. 1009 and 1009 -1 are hereby repealed, PASSED and APPROVED ON FIRST READING this the 13`h day of April, A. D., v TOM REID MAYOR ATTEST: - - • o F�P.RL,gN��, YO NG L G, T C CI SE ETARY �- APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PASSED and APPROVED ON SECOND AND FINAL READING this the 27`h day of April, A. D., 2009. OM REID MAYOR 3 ORDINANCE NO. 1381 ATTEST: Y NG IA FKN -, MC SE RETARY APPROVED AS TO FORM: _ n' DARRIN M. COKER CITY ATTORNEY VOTING RECORD SECOND AND FINAL READING APRIL 27, 2009 Voting "Aye" - Councilmembers Owens, Saboe, Beckman, Kyle, and Cole. Voting "No"— None. Motion passed 5 to 0. PUBLICATION DATE: April 29, 2009 EFFECTIVE DATE: May 1, 2009 PUBLISHED AS REQUIRED BY SECTION 3,10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS STATE OF TEXAS COUNTIES OF BRAZORIA, HARRIS AND FORT BEND CITY OF PEARLAND Certified as a hue and eocrect copy of r & K)o I38I Witness my hand and seal of office this 29L dayof A.D.20S i 7� (� 4 T Deputy City Secretary, City of Pearland. In!, In