HomeMy WebLinkAboutResolution - 2022-R0290 - Contract 16664 with Bill Sides 6.28.22Resolution No. 2022-RO290
Item No. 4.6
June 28, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement for furnishing of
reclaimed water, by and between the City of Lubbock and Bill Sides, and related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council on June 28, 2022
TRA YNE, OR
ATTEST:
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Rebe f
a Garza, City Sec t
APPROVED AS TO CONTENT:
J achern, Assistant City Manager
APPROVED AS TO FORM:
Res -reclaimed water.Bill Sides 2022
Resolution No. 2022-RO290
CITY OF LUBBOCK RECLAIMED WATER
SUPPLY CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, Bill Sides (the "User") certifies, represents and warrants that he is the
owner or has authorization to enter into this agreement (the "Contract") on behalf of the owner,
of the lands described as follows (the "Property"):
Property: A Tract of 188.1 acres of land known generally as Tract Number Seven of the
A.H. Baer Estate lands in Lubbock County, Texas and being 93.9 acres out of
Section 3, Block I, 12.8 acres out of Section 20, Block S and 61.4 acres out of
Section 76, Block A, described by metes and bounds as follows: Beginning at 1'/4"
iron pipe set for the Southwest corner of this tract which said iron pipe is located
875.25 varas North 89' 42' West and 76.9 varas South 0° 38' East from the
Northeast corner of Survey Number Twenty (20), Block S in Lubbock County,
Texas; Thence North 0° 38' West at 76.9 varas cross the north line of Section 20,
Block S and the South line of Section 76, Block A; at 1027 varas the Northwest
corner of this tract in center of public road going east and west; iron pipe on south
side of road; Thence South 87' 52' East at 495.05 varas cross the East line of
Section 76, Block A and West line of Section 3, Block I; at 1058.25 varas the
Northeast corner of this tract in center of public roads going north, south, and west
and in the east line of Section 3, Block I; Thence South 0° 26' East 982 varas to
the Southeast corner of this tract in center of public road going north and south;
in the east line of Section 3, Block I; in the east line of Section 3 , Block I, iron
pipe on West side of road; Thence North 89' 42' West at 183 varas cross the west
line of Section 3, Block I and east line of Section 20, Block S; at 1058.25 varas
the place of beginning and containing 188.1 acres, more or less, of land.
Reclaimed Water Supply Contract Bill Sides Page 1 of 10
WHEREAS, the City of Lubbock (the "City") operates and manages the Southeast Water
Reclamation Plant, and the Texas Commission on Environmental Quality (herein called
"TCEQ") has the authority to regulate and enforce activities under this Contract regarding the
use of Reclaimed Water (herein so called); and,
WHEREAS, the City is authorized to provide Reclaimed Water pursuant to TCEQ
Authorization No. R10353-002C for Type II use pursuant to 30 Tex. Admin. Code Chapter 210,
a copy of which is attached hereto as Exhibit A; and
WHEREAS, the City Council finds that it is a public benefit to the City at this time for
the User to receive the Reclaimed Water pursuant to this contract to provide flexibility for the
City in operating it's land application facilities; and
WHEREAS, User desires to receive from the City, and the City desires to provide to
User, to the extent available, Reclaimed Water for the purpose(s), and only the purposes, stated
in Section 1.01 of this Contract.
NOW THEREFORE, USER AND CITY CONTRACT AND AGREE AS FOLLOWS:
ARTICLE I USE OF RECLAIMED WATER
1.01 Subject to the terms and conditions hereof, the City shall provide, and User shall
receive, Reclaimed Water for, limited to use upon the Property for the purpose of (check
all that apply):
X Agricultural irrigation of crops not for human consumption
Irrigation of crops that will be peeled, skinned, cooked, or thermally
processed before human consumption is allowed
Agricultural irrigation of pastures for grazing of non -milking animals
Industrial cooling water
1.02 To the extent the City is authorized by the Permit to distribute Reclaimed Water and that
Reclaimed Water Supply Contract Bill Sides Page 2 of 10
Reclaimed Water is available as solely determined by the City, the City shall provide
Reclaimed Water to the User on a demand basis only. User expressly agrees and
understands that the use of Reclaimed Water contemplated hereby is made on an "as
available" basis from the City. Further, the City may be required from time to time to
cease deliveries of Reclaimed Water to User in the event State dictated quality standards
are not met. Nothing in this Contract shall ever be construed to obligate the City to provide
Reclaimed Water to the User.
1.03 The term of this Contract shall be five years (5) years, commencing on the effective date
and expiring on April 1, 2027.
ARTICLE II DUTIES OF USER
2.01 Prior to being provided Reclaimed Water, as contemplated herein, User shall submit to
the City, certified by a licensed Texas engineer, its (a) transfer, storage, and irrigation
design plan; (b) operation, water balance (or substitute that of the City) and maintenance
plan; and (c) contingency spill plan. The plans submitted by User shall be in full and
complete compliance with all applicable federal and state statutes, rules, regulations, and
local ordinances, including, but not limited to, Title 30, Chapter 210, of the Texas
Administrative Code. The plans submitted shall include, at a minimum, i) labeling and
separation plan for prevention of cross contamination; (ii) measures to be utilized to
prevent unauthorized access to Reclaimed Water facilities; (iii) procedures for monitoring
Reclaimed Water transfer and use; (iv) steps the User will initiate to minimize risk of
inadvertent human exposure; (v) schedules for routine maintenance; (vi) procedures for
employee training and safety precautions relating to Reclaimed Water treatment,
distribution and management; and (vii) contingency plan for remedy of system failures,
unauthorized discharges, or upsets. The City shall have the authority to review the
submitted plans, and may reject said plans, in its sole discretion, if found to be in
noncompliance with any applicable federal or state statute, rule, regulation or local
ordinance, the terms of this Contract, or for any reason deemed material in the sole
discretion of the City. Notwithstanding the right of the City to inspect the plans submitted
Reclaimed Water Supply Contract Bill Sides Page 3 of 10
by the User, the City shall in no event be responsible for the User's failure to comply with
all applicable federal and state statutes, rules, regulations, and/or local ordinances, and all
terms and provisions of this Contract.
2.02 The user shall pay the City fifteen cents ($0.15) per one thousand (1,000) gallons of
Reclaimed Water delivered by the City under the terms of this Contract.
2.03 Reclaimed Water provided by this Agreement shall only be used by the User for purposes
authorized in Attachment A, The User shall transport, distribute, irrigate and/or otherwise
utilize the Reclaimed Water supplied by the City as contemplated by this Contract, in
accordance with the requirements of all applicable federal and state statutes, rules and
regulations and all local ordinances, as same may be amended, including but not limited
to, Title 30, Chapter 210 of the Texas Administrative Code. In the event that User shall
fail to comply with same, the City may immediately terminate non -compliant Reclaimed
Water use.
2.04 The User shall not transport, distribute, irrigate and/or otherwise utilize Reclaimed Water
for any purpose other than the purpose(s) stated in Section 1.01 of this Contract. The sale
of Reclaimed Water received from the City to a third party is strictly prohibited and void.
2.05 The City shall deliver Reclaimed Water from the SEWRP to the point of delivery transfer,
at which such point all liability for the further conveyance and use of Reclaimed Water
shall rest with the User. User agrees that all valves and other controls to start, stop, and
regulate the flow and use of Reclaimed Water that are beyond the point of delivery shall
belong to user and be under the sole responsibility and control of the User. The User shall
be responsible for any and all costs associated with the delivery of Reclaimed Water to
the Property, including, but not limited to (i) meter installation; (ii) taps, and/or extending
distribution lines from the City's trunkline to the Property; (iii) plan, facility and irrigation
design review; and (iv) repairs performed by the City to the User's distribution facilities.
Notwithstanding anything to the contrary herein, the City shall in no event repair, or be
Reclaimed Water Supply Contract Bill Sides Page 4 of 10
responsible for making any repairs, to the User's above -ground irrigation system(s).
2.06 The User shall ensure that (i) Reclaimed Water overflow, crop stress and undesirable soil
contamination by a salt does not occur; (ii) the irrigation site must be maintained with a
vegetative cover or be under cultivation during all times when Reclaimed Water is being
applied; (iii) there shall be no application of Reclaimed Water when the ground is frozen
or saturated; (iv) there shall be no spray and/or any other application of any kind or type
upon areas outside the designated irrigation area; (v) irrigation operations shall be
managed in a manner to minimize the inadvertent contact of Reclaimed Water with
humans; and (vi) distribution systems must be designed to prevent operation by
unauthorized personnel; and (vii) irrigation practices shall not produce incidental ponding
or standing water, except in cases wherein local farming conditions, the accepted irrigation
delivery systems and cropping patterns are such that, as an unavoidable consequence of
such conditions, systems and patterns, there will be standing water.
2.07 User shall ensure that any site containing Reclaimed Water has proper signs in accordance
with 30 Tex. Admin. Code Chapter 210.25(h). All storage areas, hose bibs, faucets, and
other points of access to the Reclaimed Water will be labeled as required.
2.08 Reclaimed Water to be delivered by the City shall be treated effluent in compliance with
applicable state and federal law. Reclaimed Water is not intended for human consumption
or domestic purposes and is to be used only for purposes specified in Exhibit A. The User
has made an independent evaluation of the Reclaimed Water, and the uses thereof, as
contemplated by this Contract, and acknowledges that the City has made no statements or
representations concerning the availability of Reclaimed Water, quality of the Reclaimed
Water, or present or future value of any anticipated income or profits to be derived from
the Reclaimed Water and/or the uses thereof and THAT THE CITY, ITS AGENTS,
OFFICERS, EMPLOYEES, OR REPRESENTATIVES MAKE NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO
Reclaimed Water Supply Contract Bill Sides Page 5 of 10
THE DESCRIPTION, VALUE, QUALITY, QUANTITY, OR AVAILABILITY OF
RECLAIMED WATER, MERCHANTABLILITY, OR FITNESS FOR PURPOSE OF
THE RECLAIMED WATER. USER FURTHER ACKNOWLEDGES THAT, IN
ENTERING INTO THIS CONTRACT, USER HAS RELIED SOLELY UPON ITS
INDEPENDENT EXAMINATION OF THE RECLAIMED WATER AND THE USES
THEREOF, AS CONTEMPLATED BY THIS CONTRACT, AND ITS INDEPENDENT
ESTIMATES, COMPUTATIONS, EVALUATIONS, REPORTS AND STUDIES
BASED THEREON.
2.09 THE USER RELEASES FOR THEMSELVES, PERSONAL REPRESENTATIVES,
HEIRS, DEVISEES, SUCCESSORS AND ASSIGNEES, THE CITY, ITS OFFICERS,
AGENTS, EMPLOYEES AND/OR REPRESENTATIVES, FROM ANY AND ALL
LOSSES, LAWSUITS, EXPENSES, COSTS, PENALTIES, FINES, CLAIMS,
DAMAGES, LIABILITIES AND CAUSES OF ACTION OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES OR EXPENSES
INCURRED IN CONNECTION WITH, RELATED TO, INCIDENT TO, OR ARISING
OUT OF, IN ANYWAY, MANNER OR FORM, DIRECTLY OR INDIRECTLY, FROM
THE ACTIVITIES CONTEMPLATED BY THIS CONTRACT (COLLECTIVELY,
THE "CLAIMS"), INCLUDING, BUT NOT LIMITED TO CLAIMS OF ANY KIND
OR NATURE, ARISING OR ALLEGEDLY ARISING, OUT OF ANY NEGLIGENT
ACT OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR
REPRESENTATIVES.
2.10 THE USER SHALL INDEMNIFY, REIMBURSE AND HOLD THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND/OR REPRESENTATIVES, HARMLESS
FROM AND AGAINST ANY AND ALL LOSSES, LAWSUITS, EXPENSES, COSTS,
PENALTIES, FINES, CLAIMS, DAMAGES, LIABILITIES AND CAUSES OF
ACTION OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO
ATTORNEYS' FEES OR EXPENSES INCURRED IN CONNECTION WITH,
RELATED TO, INCIDENT TO, OR ARISING OUT OF, IN ANY WAY, MANNER OR
Reclaimed Water Supply Contract Bill Sides Page 6 of 10
FORM, DIRECTLY OR INDIRECTLY, FROM THE ACTIVITIES CONTEMPLATED
BY THIS CONTRACT (COLLECTIVELY, THE "CLAIMS"), INCLUDING, BUT NOT
LIMITED TO CLAIMS OF ANY KIND OR NATURE, ARISING OR ALLEGEDLY
ARISING, OUT OF ANY NEGLIGENT ACT OR OMISSION OF THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES OR REPRESENTATIVES.
2.11 The User shall not allow the creation and/or continuation of any nuisance condition
resulting from the distribution, use, and/or the storage of Reclaimed Water, and the User
is responsible for abating, in its entirety, any such nuisance or condition.
2.12 The User shall not utilize the Reclaimed Water in any way that degrades, or has the
potential of degrading, ground water quality to a degree adversely affecting its actual or
potential uses.
2.13 Reclaimed Water managed in ponds for storage must be prevented from discharge into
waters of the state, except for discharges directly resulting from rainfall events. All other
discharges are unauthorized. If an unauthorized overflow occurs causing discharge into
or adjacent to waters of the state, the User shall report the non-compliance, in writing, to
the City, the TCEQ regional office and the TCEQ Austin office, Water Enforcement
Section (MC 149), within five (5) working days of becoming aware of the overflow. A
written submission shall contain a description of (i) the non-compliance and its cause; (ii)
the potential danger to human health or safety, or the environment; (iii) the period of
non-compliance, including exact dates and times; (iv) if the non-compliance has not been
corrected, the anticipated time it is expected to continue; and, (v) steps taken or planned
to reduce, eliminate, and prevent recurrence of the non-compliance, and to mitigate its
adverse affects.
Reclaimed Water Supply Contract Bill Sides Page 7 of 10
ARTICLE III MISCELLANEOUS
3.01 This Contract shall be governed by and interpreted according to the laws of the State of
Texas, without regard to conflict of law rules that would direct application of the laws of
another jurisdiction. Venue for any and all actions concerning this Contract, and/or the
activities contemplated thereby, shall exclusively lie in Lubbock County, Texas.
3.02 This Contract, including all exhibits attached hereby or made a part of hereof, if any,
constitute the entire agreement between the City and the User, and supersedes all prior
agreements, understandings and negotiations and discussions whether oral or written, of
the parties. No supplement, amendment, alteration, modification, waiver or termination
with this Contract shall be binding unless executed in writing by the parties hereto.
3.03 No waiver of any provision of this Contract shall be deemed to cause a waiver of any other
provisions hereof, nor shall such waiver constitute a continuing waiver unless otherwise
expressly provided.
3.04 If any term or other provision of this Contract is invalid, illegal or incapable of being
enforced under any rule of law, all other conditions and provisions of this Contract shall
nevertheless remain in full force so long as the economic or legal substance of the
transactions contemplated hereby are not affected in a material adverse manner with
respect to either party.
3.05 This Contract is not intended to create, nor shall it be construed to create, any rights of any
third party under doctrines concerning third party beneficiaries.
3.06 Neither party hereto shall assign this Contract, or any other rights or obligations hereunder,
without the prior written consent of the other party, and any assignment made without such
consent shall be void. Except as otherwise provided herein, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors
Reclaimed Water Supply Contract Bill Sides Page 8 of 10
and permitted assignees.
3.07 In the event User shall not comply with any provision hereof, the City may immediately
terminate this Contract and exercise any and all rights and remedies available to it by law,
equity contract or otherwise. In any event, this Contract may be terminated by the User
or City upon ninety (90) days written notice to the non -terminating party. For the purposes
hereof, notice shall be deemed delivered when deposited in a regularly maintained
receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed, if to the City; Attention: Wood Franklin, P.E., P.O. Box 2000,
Lubbock, Texas 79457 and if to User; Bill Sides, Rt. 1 Box 210, Lubbock, Texas 79401.
3.08 The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
ARTICLE IV
SPECIAL PROVISIONS
4.01 By his execution below, Bill Sides, owner of the Property, herein acknowledges that he
has i) read this Contract, ii) understands all of the terms hereof; and iii) expressly consents
to the use of Reclaimed Water, as set forth herein, on the Property.
Executed this 28th day of June , 2022.
Ci o ck: Owner/User:
Tray Pay yor Bill Sides
Reclaimed Water Supply Contract Bill Sides Page 9 of 10
A oved as to C i ntent:
Aubrey A. ear, P.E.,
Director o ater Utilities
Approved as t o -
Amy"Si*
Deputy ity Attorney
Attest:
,,,-a A&J'4.'k I )c
Reb cca Garza
City Secretary
Reclaimed Water Supply Contract Bill Sides Page 10 of 10
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AUTHORIZATION FOR RECLAIMED WATER
Producer. City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Provider: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
User: The Permittee(s) as permitted by the City of Lubbock, permitted as distributors
and bulk users of reclaimed water.
Location: The plant site is located at the castem ternimus of East 38th Street, south of Fort
Worth and Denver Railroad Bridge crossing of the North Fork of the Double
Mountain Fork of the Brazos River, approximately one mile northwest of the
intersection of State Highway -Loop 289 and Farm -to -Market Road 835 (Buffalo
Springs Road), in the southeastern portion of the City of Lubbock, Lubbock County,
Texas.
Authorization: Reclaimed water from the Southeast Water Reclamation Plant (Permit No.10353-
002) is authorized to supply users for agricultural irrigation on crops not for human
consumption and pastures for grazing non -milking animals on a demand only basis
so that water is not delivered during times it cannot be used beneficially. The
reclaimed water supply services fnxn the Southeast Water Reclamation Plant are
to areas north, south and east of the Lubbock Land Application Site shown on
Attachment "A".
This authorization contained the conditions that apply for the uses of the reclaimed water. The approval of
a reclaimed water use project under Chapter 210 does not affect any existing water rights. If applicable, a
reclaimed water use authorization in no way afi'ccts the need of a producer and/or user to obtain a separate
water rights authorization from the commission.
This action is taken under authority delegated by the Executive Director of the Commission on
Environmental Quality.
Issued Date: January 9, 2007
For the Commission
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Limitations: The authorization is subjected to the following requirements:
1. General Requirements.
(a) No wastewater treatment plant operator (producer) shall transfer to a user reclaimed
water without first notifying the commission.
(b) hrigation with untreated wastewater is prohibited.
(c) Food crops that may be consumed raw by humans shall not be spray irrigated. Food
crops including orchard crops that will be substantially processed prior to human
consumption may be spray irrigated. Other types of irrigation that avoid contact of
reclaimed water with edible portions of food crops arc acceptable.
(d) There shall be no nuisance conditions resulting from the distribution, the use, and/or
storage of reclaimed water.
(e) Reclaimed water shall not be utilized in a way that degrades ground water quality to a
degree adversely affecting its actual or potential uses.
(f) Reclaimed water managed in ponds for storage must be prevented from discharge into
waters in the state, except for discharges directly resulting from rainfall events or in
accordance with a permit issued by the commission. All other discharges are
unauthorized. If any unauthorized overflow of a holding pond occurs causing discharge
into or adjacent to waters in the state, the user or provider, as appropriate, shall report
any noncompliance. A written submission of such information shall also be provided to
the commission regional office and to the Austin Office, Water rmforcement Section
(MC-149), within five (5) working days of becoming aware of the overflow. The written
submission shall contain a description of the noncompliance and its cause; the potential
danger to human health or safety, or the environment; the period of noncompliance,
including exact dates and times; if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and, steps taken or planned to reduce,
eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse
effects.
(g) The irrigation site must be maintained with a vegetative cover or be under cultivation
during times when reclaimed water is being applied. The irrigation practices shall be
designed so as to prevent incidental ponding or standing water except where local
farming conditions and the accepted irrigation delivery systems and cropping patterns are
such that, as an unavoidable consequence of such conditions, systems, and patterns, there
will be standing water. Irrigation application rates and application times shall be
developed so as to minimize "wet grass" conditions in unrestricted landscaped areas
during the periods the area could be in use. Irrigation systems shall be designed so that
the irrigation spray does not reach any privately -owned premises outside the designated
irrigation area or reach public drinking fountains. "lUm shall be no application of
effluent when the ground is water saturated or fruzen. Distribution systems must be
designed to prevent operation by unauthorized personnel. Irrigation operations shall be
managed in a manner to minimize the inadvertent contact of reclaimed water with
humans. Operational or tailwater controls shall be provided to preclude discharge of
reclaimed water from irrigation sites.
(h) Unless otherwise provided in this authorization, there shall be no off -site discharge,
either airborne or surface runoff, of reclaimed water from the user's property except to a
wastewater Imatment system or wastewater treatment collection system unless the
reclaimied water user applies for and obtains a permit from the commission which
authorizes discharge of die water.
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(i) Signs in both English and Spanish shall be posted at storage areas, hose bibs and faucets
reading "Reclaimed Water, Do Not Drink" or similar warnings. Alternately, the area
may be secured to prevent access by the public.
(j) Reclaimed water piping shall be separated from potable water piping when trenched by a
distance of at least nine feet. Fxposed piping, hose bibs and faucets shall be painted
purple and designed to prevent connection to a standard water hose. Ai! piping shall be
stenciled with a warning reading "NON -POTABLE WATER."
(k) The design of distribution systems which will convey reclaimed water to a user shall be
approved by the executive director. Materials shall be submitted for approval by the
executive director in accordance with the Texas Engineering Practice Act (Article 3271a,
VemoWs Annotated Texas Statutes). The plans and specifications for the distribution
systems authorized by this authorization must be approved pursuant to state law, and
failure: to secure approval before commencing construction of such works or making a
transfer of reclaimed water therefrom is a violation of this authorization, and each day of
a transfer is an additional violation until approval has been secured.
(1) Major changes from a prior notification for use of reclaimed water must be approved by
the executive director. A major change includes:
(1) a change in the boundary of the approved service area not including the
conversion of individual lots within a subdivision to reclaimed water use;
(2) the addition of a new producer;
(3) major changes in the intended use, such as conversion from irrigation of a golf
course to residential irrigation; or
(4) changes from culler Type I or Type n uses to the other.
(m) The reclaimed water producer and user shall maintain on the sites a current operation
and maintenance plan. The operation and maintenance plan which shall contain, as a
minimum the following:
(1) a labeling and separation plan for the prevention of cross connections between
reclaimed water distribution lines and potable water lines;
(2) the measures that will be implemented to prevent unauthorized access to
reclaimed water facilities (eg., secured valves);
(3) procedures for monitoring reclaimed water;
(4) a plan for how reclaimed water use will be scheduled to minimize the risk of
inadvertent human exposure;
(3) schedules for routine maintenance;
(6) a plan for worker training and safety; and
(7) contingency plan for system failure or upsets.
H. Storage Requirements for Reclaimed Water.
(a) All initial holding ponds designed to contain Type It effluent, located in areas in the state
not identified by a rating of 110 or greater on tic statewide, shall conform to the
following requirements:
(1) The ponds, whether constructed of carthen or other impervious materials, shall
be designed and constructed so as to prevent groundwaler contamination,
(2) Soils used for pond lining shall be free from foreign material such as paper,
brush, trees. and large rocks;
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(3) All soil liners must he of compacted material having a permeability less than or
equal to I X l 0-' cmiscc, at least 24 inches thick, compacted in lifts no greater
than 6 inches each,
(4) Synthetic membrane linings shall have a minimum thickness of 40 mils. In situ
liners at least 24 inches thick meeting a permeability less than or equal to I 10-,
cm/sec are acceptable alternatives;
(5) Certification shall be furnished by a Texas Registered Professional Engineer that
the pond lining meets the appropriate criteria prior to utilization of the facilities;
(7) Soil embankment walls shall have a top width of at least five feet. The interior
and exterior slopes of soil embankment walls shall be no steeper than one foot
vertical to three feet horizontal unless alternate methods of slope stabilization are
utilized. All soil embankment walls shall be protected by a vegetative cover or
other stabilizing material to prevent erosion. Erosion stops and water seals shall
be installed on all piping penetrating the embankments;
(8) An alternative method of pond lining which provides equivalent or better water
quality protection than provided under this section may be utilized with the prior
approval of the executive director, and
(9) A specific exemption may be obtained from the executive director if, after the
review of data submitted by the reclaimed water provider or user, as appropriate.
the executive director determines containment of the reclaimed water is not
necessary, considering: '
(A) soil and geologic data, and ground water data, including its quality, uses,
quantity and yield; and
(B) adequate demonstration that impairment of ground water for its actual or
potential use will be prevented.
(b) Reclaimed water may be stored in leak -proof, fabricated tanks.
(c) Subsequent holding ponds utilized for the receipt and storage of reclaimed water of a
quality that could cause or causes a violation of a sWace water quality standard or
impairment of ground water for its actual or intended use will be also subject to the
storage requirements of this section.
Ill. Irrigation Using Reclaimed water.
Numerical parameter limits pertaining to specific reclaimed water use categories am contained in
this section. These limits apply to reclaimed water before discharge to initial holding ponds or a
reclaimed water distribution system. It shall be the responsibility of the reclaimed water
producer to establish that the reclaimed water meets the quality limits at the sample point for the
intended use in accordance with the monitoring requirements identified in Section IV relating to
Sampling and Analysis.
(a) Type 1l Reclaimd Water Use. The type of use includes irrigation or other uses where
the public is not present during the time when irrigation activities occur or other uses
where the public would not come in contact with the Declaimed water.
(b) The following conditions apply to this type of use of reclaimed water. At a minimum, the
reclaimed water producer shall only transfer reclaimed .eater of the following quality as
described for each type of specific use:
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for Type 11 reclaimed water use, reclaimed water on a 30-day average shall have a quality
Of.
Bons 30 mSA
Fecal Coliform 400 CFU/100 ml*
Fecal Coliform (not to exceed) 1000 CFU1I00 ml**
* geometric mean
*' single grab sample
IV. Sampling and Analysis.
The reclaimed water producer shall Sample the reclaimed water prior to distribution to user to
assure that the water quality is in accord with the intended contracted use. Analytical methods
shall be in accord with those specified in Chapter 319 (relating to Monitoring and Reporting).
The minimum sampling and analysis frequency for Type 11 reclaimed water is once per week.
The monitoring shall be done after the main reservoir. These records shall be maintained on a
monthly basis and be available at the plant site for inspection by authori7gcd representatives of the
Commission for at least five years.
V. Record Keeping and Reporting.
(a) The reclaimed water provider and user shall maintain records on site for a period of five
Yam.
(1) Records to be maintained by the provider include:
(A) copies of notifications nude to the commission concerning reclaimed
water projects.
(B) as applicable, copies of contracts made with each reclaimed water user
(this requirement does not include reclaimed water users at residences
that have separate distribution lines for potable water).
(C) records of volume of water delivered to each reclaimed water user per
delivery (this requirement does not apply to reclaimed water users at
residences that have separate distribution lines for potable water).
(D) reclaimed water quality analyses.
(2) The reclaimed water producer shall report to the commission on a monthly basis
the following information on forms furnished by the executive director. Such
reports are due to the commission by the 20th day of the month following the
reporting period.
(A) volume of reclaimed water delivered to provider.
(A) quality of reclaimed water delivered to a user or provider reported as a
monthly average for each quality criteria except those listed as "not to
exceed" which shall be reported as individual analyses.
V1. 'Transfer of Reclaimed Water.
Reclaimed water transferred from a provider to a user shall be done on a demand -only- hash.
This means that flu reclaimed water user may refuse delivery of such water at any time. All
reclaimed water transferred to a user must be of at least the treatment quality specified in
Section IV. 'transfer shall be accomplished via pipes or tank trucks.
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VII. General Prohibitions.
Storage facilities for retaining reclaimed water prior to use shall not be located within the
floodway and shall be protected from the 100-year flood.
Vill. Restrictions.
This authorization does not convey any property right and does not grant any exclusive privilege.
IX. Responsibilities and Contracts.
(a) The producer ofreclaimed water will not be liable for misapplication of reclaimed water
by users, except as provided in this section. Botts the reclaimed water provider and user
have, but are not limited to, the following responsibilities:
(1) 'lire reclaimed water producer shall:
(A) transfer reclaimed water of at least the minimum quality required by this
chapter at the point of delivery to the user for the specified use,
(B) sample and analyze the reclaimed water and report such analyses in
accordance with Sections IV and V relating to Sampling and Analysis
and Record keeping and Reporting, respectively; and
(C) notify the executive director in writing within five (5) days of obtaining
knowledge of reclaimed water use not authorized by the executive
director's reclaimed water use approval.
(2) The reclaimed water provider shall:
(A) assure construction of reclaimed water distribution linestsystems in
accordance with 30 TAC Chapter 3I7 and in accordance with approved
plans and specifications;
(B) transfer reclaimed water of at least the minimum quality required by this
chapter at the point of delivery to the user for the specified use;
(C) notify the executive director in writing within five (5) days of obtaining
knowledge of reclaimed water use not authorized by the executive
director's reclaimed water use approval; and
(D) not be found in violation of this chapter for the misuse of the reclaimed
water by the user if transfer of such water is shut off promptly upon
knowledge of misuse regardless of contract provisions.
(3) The reclaimed water user shall:
(A) use the reclaimed water in accordance with this authorization; and
(8) maintain and provide records as required by Section Rf relating to
Record Keeping and Reporting.
X. Enforcement.
If the producer, provider and/or user fails to comply with the terms of this authorization, the
executive director may take enforcement action provided by the Texas Water Code, 0§26.019
and 26.136.
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XL STANDARD PROVISIONS:
(a) This authorization is granted in accordance with the Texas Water Code and the rules and
other Orders of the Commission and the laws of the State of Texas.
(b) Acceptance of this authorization constitutes an acknowledgment and agreement that the
provider and user will comply with all the teens, provisions, conditions, limitations and
restrictions embodied in this authorization and with the rules and other Orders of the
Commission and the laws of the State of Texas. Agreement is a condition precedent to
the granting of this authorization.
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Attachment "A"
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