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Ord. 1508 2014-10-27ORDINANCE NO. 1508 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. 1508 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 work 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. 1508 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. Ordinance No. 1381 is hereby repealed. PASSED and APPROVED ON FIRST READING this the 13th day of October, A. D., 2014. ATT - ST: Z ING, TRM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 101 3 ��rn) Cam➢ TOM REID MAYOR ORDINANCE NO. 1508 PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of October, A. D., 2014. TOM REID MAYOR -►_ . - • :: Voting "Aye" — Councilmembers, Carbone, Sherman, Hill, 1,e,,��,;/1111"```�.�� Ordeneaux and Moore. APPROVED AS TO FORM DARRIN M. COKER CITY ATTORNEY 4 VOTING RECORD SECOND AND FINAL READING October 27, 2014 Voting "No" - None. Motion passes 5 to 0. PUBLICATION DATE: EFFECTIVE DATE: October 30, 2014 November 9, 2014 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Ordinance No. 1508 Addendum A CITY OF PEARLAND WATER CONSERVATION AND DROUGHT CONTINGENCY, WATER EMERGENCY RESPONSE PLAN April 2009 Revised October 2014 CITY OF PEARLAND WATER CONSERVATION AND DROUGHT CONTINGENCY AND WATER EMERGENCY RESPONSE PLAN October 2014 FORWARD This water conservation and drought contingency, water emergency response plan was prepared by the City of Pearland. The plan was prepared pursuant to Texas Commission on Environmental Quality (TCEQ) rules. To develop a regional approach of water conservation, the water conservation plan and drought contingency plan for the City of Houston and information from the Region H Water Planning Group 2011 Regional Water Plan were consulted. Questions regarding this water conservation and drought contingency, water emergency response plan should be addressed to the following: Eric Wilson Director of Public Works City of Pearland (281) 924-1900 Tracy A Sambrano Water Production Superintendent City of Pearland (281) 652-1799 The water conservation and drought contingency, water emergency response plan is based on the Texas Administrative Code that was in effect in January 2014. Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES 2. WATER SYSTEM DESCRIPTION AND UTILITY PROFILE 1-1 2-1 3. SPECIFICATION OF WATER CONSERVATION GOALS 3-1 4. METERING, LEAK DETECTION AND RECORD MANAGEMENT 4-1 4.1 Accurate Metering of Water Pumping and Deliveries 4-1 4.2 Universal Metering 4-1 4.3 Determination and Control of Unaccounted Water 4-1 4.4 Leak Detection and Repair 4-1 4.5 Record Management System 4-2 CUNTINUING PUBLIC EDUCATION AND INFORMATION 5' 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 7-1 7.7 Coordination 7-2 7.8 Water Conservation Implementation Report 7-2 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER 8-1 CONSERVATION PLAN 9. REVIEW AND UPDATE OF WATER CONSERVATION PLAN 9-1 10. DROUGHT CONTINGENCY, EMERGENCY RESPONSE PLAN 10-1 10.1 Introduction 10-1 10.2 Provisions to Inform the Public and Opportunity for Public Input 10-1 10.3 Provisions for Continuing Public Education and Information 10-1 10.4 Initiation and Termination of Drought or Emergency Response 10-2 Stages 10.5 Drought Contingency and Emergency Response Stages and 10-3 Measures 10.6 Procedures for Granting Variances to the Plan 10-10 10.7 Procedures for Enforcing Mandatory Water Use Restrictions 10-10 10.8 Coordination 10-10 10.9 Review and Update of Drought Contingency, Emergency 10-10 Response Plan i 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 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 G TCEQ Water Conservation Implementation Report ii Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan Water Conservation and Drought Contingency, Water Emergency Response Plan for the City of Pearland September 2014 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 has developed guidelines and requirements goveming the development of water conservation and drought contingency plans for public water suppliers. 1, z 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 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 water conservation sections of this plan include measures that are intended to result in ongoing, long-term water savings. The drought contingency, 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. Superscripted numbers match references listed in Appendix A 1-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan • 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 regulatory 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 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 eleven city -owned wells and three 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 54 square miles. The 2010 Census reported a population of 91,252 people for Pearland. The 2018 population is estimated at 145,000. The city is projected to continue to grow rapidly in the coming decades. The city owns and operates eleven water wells that have a combined pumping capacity of 17,900 gallons per minute (gpm). Water is purchased from the City of Houston at the Far Northwest Water Plant via a contracted minimum amount of 40 million gallons per month (or 1.3 million gallons per day (mgd) on average). The City of Pearland has another contract with the City of Houston to purchase 10mgd of surface water that is distributed via the Alice St. Water Plant. An expansion of the Alice St. to 15 mgd will be beginning at some time in the future. Available city-wide ground and elevated storage capacities total 13.4 and 4.5 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 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan Figure 1 City of Pearland per Capitia Water use 128 13_ 126 124 12; 120 • 118 11 116 11- 112 110 2003 2002 2004 2006 2008 2010 2012 2014 2016 2018 per capita use Figure 2: City of Pearland Wate- Loss 25 e. 20 rj ▪ 15 • ▪ 10 ri 5 13 I 2007 2008 2009 2010 2011 2012 2015 Water loss 2-2 1014 201.5 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 2019 below 109 gallons per capita per day (gpcd) (5-year goal). • Keep the 5-year average water use as of 2024 below 107 gallons per capita per day (10-year goal). • Maintain the level of unaccounted water in the system below 10 percent annually in 2014 and subsequent years, as discussed in Section 4.3. • Continue maintaining 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 F. • 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 cd Description Current Average (gpcd) 5-Year Goal (gpcd) 10-Year Goal (gpcd) Water Conservation Goals 117 109 107 Note: The increase in the Current GPCD is due to the record breaking drought in 2011. Region H is slowing recovering from the drought but still remains in Moderate Drought Condition according to drought monitoring data. 3-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 withdrawn from groundwater supplies is metered by the City of Pearland with instrumentation accuracy of ±5%. Water received from the City of Houston is metered by the City of Houston with an instrumentation accuracy of ±2% (City of Houston Contract). The City of Houston maintains a program to pull, test and replace any meters determined to be operating outside these parameters. 4.2 Universal Metering The City of Pearland meters all water consumers that receive water from the potable water system. The City installs meters on all new customers of its potable water system. The City is currently in the process of evaluating various advanced metering infrastructure (AMI) to replace the current automatic meter reading technology (AMR). The transition to AMI technology will allow for a more timely and accurate trending of consumption of potable water. 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 firefighting, 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. 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. City staff actively looks for and reports any signs of illegal connections or uses, 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 2014 and subsequent years. If unaccounted water exceeds this goal, Pearland will implement a more intensive audit process to determine the source(s) of and reduce the unaccounted water. 4.4 Leak Detection and Repair While traveling throughout the City in the performance of their regular duties, utility maintenance staff actively looks 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 scheduled for rehabilitation or replacement as funds are available. 4-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 4.5 Record Management System The City will have a Records Management System that 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 is currently in the process of a complete data management system replacement that will allow the City to tract is customer base in the manner required. This system replacement will be complete and operational by October 2016. 4-2 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 throughout the year. • The City website includes information on water conservation www.pearlandtx.gov • 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 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 October 1, 2014 are shown below. Inside City of Pearland - Water Up to and including first 2,000 gallons 2,001 gallons up to 6,000 6,001 gallons up to 15,000 15,001 gallons up to 25,000 25,000+ gallons Inside City of Pearland - Water Up to and including first 2,000 gallons 2,001 gallons and over Water: Residential Rates Previous Rates $11.98 minimum $2.93 per 1,000 gallons $3.67 per 1,000 gallons $4.40 per 1,000 gallons $5.86 per 1,000 gallons New Rates as of October 1, 2014 $11.98 minimum $3.16 per 1,000 gallons $3.96 per 1,000 gallons $4.75 per 1,000 gallons $6.33 per 1,000 gallons **Outside City limits, rates are 1.5 times in City rates stated above. Water: Multi -Unit residence or Commercial Business Previous Rates New Rates as of October 1, 2014 Multi Unit $10.98 minimum Per Unit $3.67 per 1,000 gallon Commercial & Industrial $11.98 Per Unit $3.67 per 1000 gallons Multi Unit $10.98 minimum Per unit Commercial & Industrial Business $11.98 minimum Per Unit $3.96 per 1,000 $3.96 per 1,000 gallons gallons `Outside City limits, rates are 1.5 times in City rates stated above. Irrigation Water: Sprinklers or Landscape Inside City of Pearland - Irrigation Up to and including first 2,000 gallons 2,001 gallons and over Previous Rates $11.98 per 1000 gallons $4.40 per 1000 gallons *Outside City limits, rates are 1.5 times in City rates stated above. New Rates as of October 1, 2014 $11.98 per 1000 gallons $4.75 per 1000 gallons Meters are read and billed on a monthly basis according to the consumption and rate structure scheduled above. The number of days in the period does not determine fluctuation in the billed amount, the consumption read per meter is the determining factor for the charged price. 6-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 7. OTHER WATER CONSERVATION MEASURES 7.1 City of Houston System Operations 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 processes sanitary sewer at five water reclamation facilities with a total capacity of 12.45 MGD. Treated effluent is used for wash down and other operational needs at the wastewater treatment plants. Plans are being developed to us a Bed and Banks Permit to provide effluent for the irrigation of a golf course. The City is also in the process of preparing an application under 30TAC210 for industrial use of effluent as part of an industrial process. This process could use up to 2 MGD as part of that industrial process. 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 1 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: • Reduced or discontinued flushing of water mains as permitted by 30TAC290 • 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 7-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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: • 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 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 requires a separate report beginning in 2010. 7-2 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 8. IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix G contains a copy of an ordinance adopted by the City Council adopting 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 F includes a copy of an ordinance, order, or resolution that could be adopted related to illegal connections and water theft. Appendix F contains a sample ordinance that could be adopted for landscape irrigation to meet TAC Title 30, Part 1, Chapter 344. 8-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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, 2014, and the plan will be updated as required and as appropriate based on new or updated information. 9-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 throughout the year 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. • 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 10-1 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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. Termination of a Drought/Emergency 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. 10-2 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan • 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 1 Initiation and Tenination 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 1 is a 2 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: • 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 10-3 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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. • 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. 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. 10-4 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan • 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. • 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. 10-5 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan • 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. o Prohibit operation of all ornamental fountains or other amenity impoundments (i.e. reflecting pools and water gardens) to the extent they use treated water. 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 10-6 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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 hydro -seeding, hydro -mulching, 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. • 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. 10-7 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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. Emergency Water Shortage Initiation and Termination Conditions for Emergency Water Shortage 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). 10-8 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan • 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 Shortage 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. • 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. 10-9 Water Conservation and Drought City of Pearland Contingency and Water Emergency Response Plan 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. 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. 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. 10-10 APPENDIX A LIST OF REFERENCES 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 http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=4&ti=30&pt=1 & ch=288, September 2014. (2) Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rule 288.20, downloaded from http://www.tnrcc.state.tx.us/oprd/rules/pdflib/288a.pdf, September 2014. (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 2 (8) Kellogg Brown and Root and Turner Collie and Braden.: 2006 Region H Water Plan, Houston, December 16, 2005 (9) U.S. Census Bureau for 2010 (10) City of Pearland Utility billing & Planning A-1 APPENDIX B TCEQ RULES APPENDIX B Texas Commission on Environmental Quality Rules on Municipal Water Conservation and Drought Contingency Plans 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) Best management practices --Voluntary efficiency measures that save a quantifiable amount of water, either directly or indirectly, and that can be implemented within a specific time frame. (4) 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. (5) Commercial use --The use of water by a place of business, such as a hotel, restaurant, or office building. This does not include multi -family residences or agricultural, industrial, or institutional users. (6) 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). B-1 (7) Industrial use --The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, and the development of power by means other than hydroelectric, but does not include agricultural use. (8) Institutional use --The use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. (9) 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 from a public water supplier. (10) 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. (11) Mining use --The use of water for mining processes including hydraulic use, drilling, washing sand and gravel, and oil field re -pressuring. (12) Municipal use --The use of potable water provided by a public water supplier as well as the use of sewage effluent for residential, commercial, industrial, agricultural, institutional, and wholesale uses. (13) 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. (14) 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 public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (15) Public water supplier --An individual or entity that supplies water to the public for human consumption. (16) Residential use --The use of water that is billed to single and multi -family residences, which applies to indoor and outdoor uses. (17) Residential gallons per capita per day --The total gallons sold for residential use by a public water supplier divided by the residential population served and then divided by the number of days in the year. (18) Regional water planning group --A group established by the Texas Water Development B-2 Board to prepare a regional water plan under Texas Water Code, § 16.053. (19) 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. (20) 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. (21) Total use --The volume of raw or potable water provided by a public water supplier to billed customer sectors or nonrevenue uses and the volume lost during conveyance, treatment, or transmission of that water. (22) Total gallons per capita per day (GPCD)--The total amount of water diverted and/or pumped for potable use divided by the total permanent population divided by the days of the year. Diversion volumes of reuse as defined in this chapter shall be credited against total diversion volumes for the purposes of calculating GPCD for targets and goals. (23) 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). (24) 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. (25) Wholesale use --Water sold from one entity or public water supplier to other retail water purveyors for resale to individual customers. 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; amended to be effective January 10, 2008, 33 TexReg 193; amended to be effective December 6, 2012, 37 TexReg 9515 B-3 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 must 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 water suppliers must include the following elements: (A) a utility profile in accordance with the Texas Water Use Methodology, including, but not limited to, information regarding population and customer data, water use data (including total gallons per capita per day (GPCD) and residential GPCD), water supply system data, and wastewater system data; (B) a record management system which allows for the classification of water sales and uses into the most detailed level of water use data currently available to it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph. Any new billing system purchased by a public water supplier must be capable of reporting detailed water use data as described in clauses (i) - (vi) of this subparagraph: (i) residential; (I) single family; (II) multi -family; (ii) commercial; (iii) institutional; (iv) industrial; (v) agricultural; and, (vi) quantified five-year and ten-year targets for water savings to include goals for water loss programs and goals for municipal use in total GPCD and residential GPCD. 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; B-4 (3) (F) measures to determine and control water loss (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; (B) 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, 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. 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 water conservation plan: B-5 (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. 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 every five years to coincide with the regional water planning group. (c) 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; amended to be effective December 6, 2012, 37 TexReg 9515 B-6 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 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 (iv) system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include 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 established by the entity under this subparagraph are not enforceable. B-7 (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: curtailment of non -essential water uses; and 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. The drought contingency plan must include procedures for the enforcement of 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. 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. (3) (J) 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 B-8 APPENDIX C CONSERVATION AND DROUGHT CONTINGENCY PLAN SECTIONS ADDRESSING TCEQ REQUIRMENTS 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."1 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)(H) — Non -Promotional Water Rate Structure — Section 6 • 288.2(a)(1)(I) — Reservoir System Operation Plan — Section 7.1 • 288.2(a)(1)(J) — 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.2 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 10.5 288.20(a)(1)(F) — Specific, Quantified Targets for Water Use Reductions — Section 10.5 C-2 • 288.20(a)(1)(G) Water Supply and Demand Management Measures for Each Stage — Section 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)(J) - 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 512-239-4691. Name ofEntity: Address & Zip: Telephone Number. FaxNumber: City of Pearland 3519 Liberty Drive, Pearland, TX 77581 (281)652-1904 (281)652-1710 Form Completed by: Eric Wilson Title: Director of Public Works Signature: Date: October 2, 2014 Name and phone number of person/department responsible for implementing a water conservation program: Name: Eric Wilson Public Works Director Phone Number: (281) 652-1900 I. POPULATION AND CUSTOMER DATA A. Population and Service Area Data 1. Please attach a copy of your service -area map and, if applicable, a copy of your Certificate of Convenience and a service -area map. 2. Service area size (square miles): 54 3. Current population of service area: 106,500 4. Current population served by utility: water. wastewater: 103,150 96,500 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 2009 87,077 84,990 84,990 2010 91,252 89,164 89,164 2011 95,644 93,448 93,448 2012 99,800 97,722 97,722 2013 106,500 103,150 103,150 D-1 6. Projected population for service area in the following decades: Year Population 2020 125,900 2030 187,200 2040 224,600 7. List source/method for the calculation of current and projected population: Current and projected populations are derived from City of Pearland, Houston Galveston Area Council, and Region H Planning Group data. B. Active Connections 1. Current number of active connections. Check whether multi -family service is counted as Residential X or Commercial Current year is: 2014 Treated Water Users Metered Non -Metered Total Residential 33329 33329 Comme ciaU Industrial 867 867 Irrigation 1156 1156 Other (Government) 229 229 Total 35581 0 35581 2. List the net number of new connections per year for most recent three years: Year 2011 2012 2013 Residential Commercial Industrial Other Total 3278 914 923 D-2 Note: Current utility billing software foes not accurately tract new customers added on a yearly basis by type. The system is currently being evaluated for upgrade. C. High Volume Customers List annual water use for the five highest volume customers. (Please indicate if treated or raw water delivery.): Customer Use (1,000 gal/yr) Treated or Raw Water? Shadow Creek Ranch Management 82,489 Treated Pearland ISD 75,927 Treated City of Pearland 58,785 Treated Alexan Apartments Shadow Creek Ranch 34,988 Treated Shadow Creek Phase ILLC 27,815 Treated II. 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 X Year 2009 2010 2011 2012 2013 January 238,633 235,654 257,103 297,511 318,753 February 225,957 224,983 251,347 255,393 283,666 March 278,077 262,788 354,236 290,782 377,246 April 269,871 315,693 453,901 324,808 352,359 May 339,344 418,901 514,738 426,247 407,766 June 436,179 385,848 535,351 720,534 456,603 July 438,132 322,933 502,990 337,305 491,015 August 384,635 408,159 526,683 455,858 473,871 September 321,345 328,805 472,787 408,933 429,418 October 277,102 407,162 396,702 409,642 342,503 November 275,800 287,677 317,732 384,769 311,172 December 242,745 269,535 273,205 330,325 310,246 Total 3,727,848 3,868,139 4,856,774 4,642,167 4,554,617 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 tunes Year Residential Commercial/ Industrial Irrigation Meters Builders Other (Government) Total Sold 2009 2,302,401.9 281,819.4 579,615.2 65,880.2 212,692.8 4,213,843.0 2010 2,496,711.5 327,200.8 473,294.3 42,096.9 254,496.4 3,593,799.9 2011 2,834,211.4 300,470.5 555,945.1 44,572.1 242,438.9 3,979,638.0 2012 2,566,053.0 320,015.3 476,128.0 32,834.0 268,855.3 3,663,889.1 2013 1,904,232.2 260,790.3 454,424.0 79,731.0 177,607.5 2,876,785.0 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 eallons.) Year Amount (gal.) 2009 110,865,061 2.97 2010 603,762,475 15.61 2011 298,347,295 6.14 2012 848,564,416 18.0 2013 519,099,810 11.4 4. Municipal water use for previous five years: Year Population Served (Average for Year) Total Diverted (or Treated) (1,000 gal) 2009 87,077 3,616,983 2010 91,252 3,264,376 2011 95,644 4,558,427 2012 99,800 3,793,603 2013 103,150 4,035,517 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. Year Projected Demand (Ac- Ft) Source of data Additional Water Supply Requirements 2014 16,614 City of Pearland 2015 16,905 City of Pearland 2016 17,099 City of Pearland 2017 17,294 City of Pearland 2018 17,488 City of Pearland 2019 19,770 City of Pearland 2020 20,180 City of Pearland 2021 20,622 City of Pearland 2022 21,176 City of Pearland 2023 133,132 City of Pearland D-4 III. WATER SUPPLY SYSTEM DATA A. Water Supply Sources List all current water supply sources and the amounts authorized with each: Type Source Amount Authorized (daily) Surface Water City of Houston and Clear Brook MUD 100,000 GPD Groundwater Gulf Coast Aquifer 19,238,400 GPD Contracts City of Houston (new contract) 16,319,520 GPD Other B. Treatment and Distribution System 1. Design daily capacity of system : 25 MGD 2. Storage capacity: Elevated 4.5 MG Ground 17.9 MG 3. If surface water, do you recycle filter backwash to the head of the plant? The City of Pearland does not currently have a surface water treatment plant 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 Pearland has 11 groundwater wells, three connections for purchased of surface water, 6 elevated tanks, and 16 ground storage tanks. IV. WASTEWATER SYSTEM DATA A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s): 12.?5MGD 2. Is treated effluent used for: irrigation on -site (NO), off -site (NO), plant washdown (YES), or chlorination/dechlorination (NO)? If yes, approximately how many gallons per month? (100,000) D-5 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 annendix. Treatment Plant Name TCEQ Number Operator Owner Receiving Stream Barry Rose Facility 2 RN101613446 City of Pearland City of Pearland Clear Creek Longwood Facility RN 104480777 City of Pearland City of Pearland Clear Creek Brazoria County MUD 5 RN105274179 City of Pearland City of Pearland Clear Creek Southwest Environmental Center W WTP RN101609196 City of Pearland City of Pearland Mary's Creek Far Northwest Environmental Center RN 104480819 City of Pearland City of Pearland Clear Creek B. Wastewater Data for Service Area 1. Percent of water service area served by wastewater system: 95_/0 2. Daily volume of wastewater treated for previous three years (in 1,000 gallons): Year 2011 2012 2013 January 6,693 6,008 7,733 February 5,573 7,485 6,783 March 5,307 7,334 6,384 April 5,417 6,290 7,726 May 5,281 6,488 7,146 June 5,277 5,962 6,735 July 5,281 7,608 6,717 August 5,204 6,187 6,720 September 5,023 6,416 7,127 October 5,465 5,919 7,405 November 5,313 5,789 8,026 December 6,090 6,763 7,185 Total 65,924 78,249 85,687 D-6 CityLimits ----- CLEAR CREEK MARYS CREEK 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 sprinlder 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 1. 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 TCEQ WATER CONSERVATION IMPLEMENTATION REPORT Tt t Texas Commission on Environmental Quality Water Conservation Implementation Report This report must be completed by entities that are required to submit a water conservation plan to the TCEQ in accordance with Title 30 Texas Administrative Code, Chapter 288. Please complete this report and submit it to the TCEQ. If you need assistance in completing this form, please contact the Resource Protection Team in the Water Supply Division at (512) 239-4691. Name: Address: Telephone Number: Form Completed By: Title: Signature: City of Pearland 3519 Liberty Dr. Pearland, TX. 77581 (281) 652-1900 Fax: (281) 652-1710 Eric Wilson Director of Public Works Date: I. WATER USES Indicate the type(s) of water uses (example: municipal, industrial, or agricultural). Municipal Use II. WATER CONSERVATION MEASURES IMPLEMENTED Provide the water conservation measures and the dates the measures were implemented. Description of Water Conservation Measure: Universal metering of all customers both public and private. Implementation of a meter testing repair and replacement program. The City is currently evaluating vairious Advanced Metering Infrastructure (AMI) systems for implementation over the next five years. Adoption of the Intemation Building Code and associated plumbing codes. Date Implemented: 1999, 2002, 2007, 2013, 2014 Description of Water Conservation Measure: The City conducts annual water audits to determine the amount and control for unaccounted water. Date Implemented: Ongoing 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: Ongoing Description of Water Conservation Measure: F-1 Record Management System. The City has a record management system which allows them to separate sales into limited categories. The City is currently evaluating various water billing systems that will allow more flexibility in records management. Date Implemented: 1998, 2015 Description of Water Conservation Measure: Public Education through newspapers, e-mail, city website, bill inserts, and the Connect-CTY automatic calling system, and local school programs. Date Implemented: Ongoing 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: October 1, 2014 Description of Water Conservation Measure: Reuse and Recycling of Wastewater. Reuse water is used for wash down at the wastewater treatment plant. The City is currently in the process of applying for 30TAC210 authorization for the sale of wastewater effluent for industrial and irrigation purposes Date Implemented: Projected 2015 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: December 2013 10-Year Specific/Quantified Target: N/A (No plan before May 2009 Date to achieve target: December of 2018 B. State if these targets in the water conservation plan are being met. The targets set forth in the 2009 Water Conservation Plan were not met as a result of several years of below average rainfall, including the worst single year drought in 2011. C. List the actual amount of water saved. The City of Pearland as well as most of the State of Texas had higher than average water consumption since 2009 as a result of several years of below average rainfall. F-2 D. If the targets are not being met, provide an explanation as to why, including any progress on the targets. The City of Pearland as well as most of the State of Texas had higher than average water consumption since 2009 as a result of several years of below average rainfall. Effective October 1, 2014 the City implemented a higher water billing block structure as shown in Section 6 above. 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. F-3 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 Ordinance No. AN ORDINANCE 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 of Pearland, Texas (the "City"), recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City 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 (the "Commission") require that the City adopt a Water Conservation and Drought Contingency and Water Emergency Response Plan; and WHEREAS, the City 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. G-1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Pearland THAT: Section 1. The City Council hereby approves and adopts the Water Conservation and Drought Contingency and Water Emergency Response Plan (the "Plan"), attached 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 a 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 times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the 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. Section 6. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an altemative method of publication provided by law. Section 7. Ordinance No. , adopted on , is hereby repealed. Passed by the City Council on this day of Mayor: Attest: City Secretary G-2 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Legal Notice, a true copy of Which is hereto annexed was published in said newspapers in its issue(s) of October 30, 2014. Sworn to and subscribed before me this Notary Public / _ My commission expires on / ` % 7 • )Co ublisher's Representative V day of NOV. ,2014. ORDINANCE NO. 1508 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. PASSED and APPROVED ON SECOND AND FINAL READING this the 27th day of October, A. D., 2014. ATTEST: Is, YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM ISi DARRIN M. COKER CITY ATTORNEY Ladimainow ISI TOM REID MAYOR YOTPFG RFCQRQ SECOND AND F NAL� HEADING Ossc0er 27 2014 Voting e' - Co,4 *,Meter. Carton*. Sanaa,..1 0oenee.II and Move Wean N0•. None WW1 pause S to 0 PUBLICATON DATE EFFECTIVE DATE Ocb0er 30. 2014 November Y. 2014 PUBLISHED AS REQUIRED BY SECTION 3 10 OF THE CHARTER OF THE CITY OF PEARLAN) TEXAS