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HomeMy WebLinkAboutResolution - 2022-R0291 - Contract 16665 with Fred Jones 6.28.22Resolution No. 2022-RO291 Item No. 4.7 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 Fred Jones, 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 TRAY PA � , YOR ATTEST: Rebe ca Garza, City Secre APPROVED AS TO CONTENT: Jesica c achern, Assistant City Manager APPROVED AS TO FORM: �-�1h EM _ t!! - Attorney Res -reclaimed water.Fred Jones 2022 Resolution No. 2022-RO291 CITY OF LUBBOCK RECLAIMED WATER SUPPLY CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, Fred Jones (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: Southwest 90 acres of Block A, Section 76, Tr 6-A-2 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. Reclaimed Water Supply Contract Fred Jones Page 1 of 9 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 sell and deliver, and User shall purchase and accept delivery of 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 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 purchase and 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. Reclaimed Water Supply Contract Fred Jones Page 2 of 9 ARTICLE II DUTIES OF USER 2.01 Prior to purchase of 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 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 purchased 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 Reclaimed Water Supply Contract Fred Jones Page 3 of 9 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, 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 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 Reclaimed Water Supply Contract Fred Jones Page 4 of 9 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 sold 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 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. Reclaimed Water Supply Contract Fred Jones Page 5 of 9 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 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 Reclaimed Water Supply Contract Fred Jones Page 6 of 9 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. 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 Reclaimed Water Supply Contract Fred Jones Page 7 of 9 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 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 Reclaimed Water Supply Contract Fred Jones Page 8 of 9 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, Fred Jones, 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. rG Executed this day of , 2022. Owner ser. Fred Jones A roved as to Content: Aubrey A. ar, P.E., Director of ter Utilities Approved to F rm: y s De City Attorney Attest: Re cca Garza City Secretary Reclaimed Water Supply Contract Fred Jones Page 9 of 9 � - - -1. L�.1lYC• � l .1�.-!! -� __�,• lye �7. 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 Pennittee(s) as permitted by the City of Lubbock, permitted as distributors and bulk users of reclaimed water. Location: The plant site rs located at tic eastern lernimus 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 theCityof 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 w not delivered during times it cannot be used beneficially. The reclaimed water supply services from 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 authorizatioti in no way affects the neW 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 606;,10 For the Commission JAN 17 W chyartalboek Rerbbwd waurft*J t AM&DA lift No. It 103S3 0M Pop? Limitations: The authorization is subjected to the following requirements: I. Geneva] Requirements. (a) No wastewater treatment plant operator (producer) shall transfer to a user reclaimed water without first notifying the commission. (b) Irrigation 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 an 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 infornmtion shall also be provided to the commission regional office and to the Austin Office, Water Cnforcement Section (MC-149), within five (5) working days of becoming aware of the overflow. The written submission shall contain &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.'I'hcre shall be no application of effluent when the ground is water saturated or frozen. 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 tailwatcr 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 treatment system or wastewater treatment collection system unless the reclautrcd water user applies for and obtains a permit from the commission which authorizes discharge of the water. CbyafWbodc Raahned Wow Fi*W AmhaizaWnNo Re03SUM Fare 3 (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. All 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, Vernon's 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 either Type 1 or Type U 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; (5) schedules for routine maintenance; (6) a plan for worker training and safety; and (7) contingency plan for system failure or upsets. If. Storage Requirements for Reclaimed Water. (a) All initial holding ponds designed to contain'rype it emueni, located in areas in the state not identified by a rating of 110 or greater on the statewide, shall conform to the following requirements: (1) The ponds, whether constructed of earthen or olhe:r impervious malerials, shall be designed and constructed so as to prevent groundwater contamination, (2) Soils used for pond lining shall be free froin foreign material such as paper, brush, trees. and large rocks; Cigrorr.MMOO Rubrm¢d WNW PMjM Aud odu6m Nm R e03S3402 rye 1 (3) All soil liners must he of compacted material having a permeability less than or equal to I X 104 cm/scc, at least 24 inches thick, compacted in lifts no greater than G 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 leas than or equal to 1X 104 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 rive 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. Fxosion 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 surface 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. 11I. 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 small be the responsibility of the reclaimed water producer to establish that the reclaimed water meets the quality limits at the sample point for tlx: intended use in accordance with the monitoring requirements identified in Section IV relating to Sampling and Analysis. (a) Type 11 Reclaimed Water Use. The type of use includes rrrigatioet 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 reclaimed 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 water of the following quality as described for each type of specific use: Cityof Luck PAch&md Wstcrho m Ant WW" Na R 103534 02 1 s10 S for Type 11 reclaimed water use, reclaimed water on a 30-day average shall have a quality Of. BO13e 30 mgA Fecal Coliform 400 CFU/100 ml* Fecal Coliform (not to exceed) 1000 CFU/100 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. 11w 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 authorized representatives of the Commission for at least five years. V. Record Kecping and Reporting. (a) 7ise reclaimed water provider and user shall maintain records on site for a period of five years. ( l) Records to be maintained by the provider include: (A) copies of notifications made to the commission concerning reclaimed water projects. (B) as applicable, copies of contracts made with each reclaimed water user (this requirerrierit 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 furniAwd 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. (8) 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. VI. Transfer of Reclaimed Water. Reclaimed water transferred from a provider to a user sluill be done on a gig-mand-only- basis. This means that the 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 1V. Transfer shall be accomplished via pipes or wnk trucks. Ciyofte11 11 RatdMd%Y&krft*,d Aditrbwlat Nu R 190S,1 M Flo 6 Vll. General Prohibitions. Storage facilities for retaining reclaimed water prior to ease shall not be located within the floodway and shall be protected from the 100-year flood. Vlll. Restrictions. 'Phis authorization does not convey any property right and does not grant any exclusive privilege M. Responsibilities and Contracts. (a) The producer of reclaimed water will not be liable for misapplication of reclaimed water by users, except as provided in this section. Both 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, (8) 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 lines/systems in accordance with 30 TAC Chapter 317 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 authrxrr ition; and (8) maintain and provide records as required by Section lti 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, §126.010 and 26.136. Cilyo tobboek Rooabwd M Ner ho)aa Andwha" ft R 1100-02 Pap 1 XI. 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 terms, 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. • � (l1yaCLu66ock Rabimd Wakt MpJeol Aaamhadw No. R 103134a PAN a 1 Attachment "A" tj-j IAM 10 Ai a Y