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HomeMy WebLinkAboutOrdinance - 9464-1991 - Adopting A City Of Lubbock Water Conservation And Drought Contingency Plan - 07/11/1991DGV:dw First Reading July 11, 1991 Item #30 Second Reading July 25, 1991 Item #9 ORDINANCE NO. 9464 AN ORDINANCE ADOPTING A CITY OF LUBBOCK WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; AUTHORIZING THE DIRECTOR OF WATER UTILITIES TO ADMINISTER THE PLAN; PROVIDING A PENALTY OF NOT LESS THAN $10.00 PER DAY NOR MORE THAN $200.00 PER DAY FOR EACH DAY OF NON-COMPLIANCE WITH THE PROVISIONS THEREOF; DECLARING A PUBLIC NEED OF AN EMERGENCY NATURE FOR THE ADOPTION HEREOF ON ONE READING; PROVIDING FOR PUBLICATION AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. WHEREAS, the City of Lubbock (~the Cityn) has applied to the Texas Water Development Board (•the Board") for funds under the State Revolving Loan·Fund; WHEREAS, the Board's rules require that the City adopt a Water Conservation and Drought Contingency Plan which has been approved by the Executive Director of the Board; and WHEREAS, the City has previously submitted to the Board a proposed Water Conservation and Drought Contingency Plan which has been reviewed and commented upon by the Board, and the City has made certain required changes therein and adopted certain additional ordinance changes related thereto as required by the Board; and WHEREAS, the City has determined there is an urgent need in the best public interest of the City of Lubbock, Texas to adopt a Water Conservation and Drought Contingency Plan; and WHEREAS, the City Council of the City of Lubbock desires to evidence its approval of the Water Conservation and Drought Contingency Plan and adopt such plan as an official policy of the City; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Approval of the Plan:. The City Council hereby approves and adopts the City's Water Conservation and Drought Contingency Plan, attached hereto to.be included in full as a part of this Ordinance as if recited verbatim herein. The City commits to implement the program according to procedures set forth in the adopted plan. SECTION 2. The City shall report to the Texas Water Development Board annually or as otherwise required by the Board on the implementation and effectiveness of the plan in accordance with the outline set forth in the plan. SECTION 3. In regards to implementation and enforcement of the Water Conservation and Drought Contingency Plan, the Director of Water Utilities is designated as the official responsible for implementation and enforcement, and the following guidelines are adopted: (a) (b) (c) Mild Conditions: At any time the average daily water use exceeds 85,000,000 gallons per day for three consecutive days, and/or supply lake levels are low enough to disrupt some other beneficial activity such as recreation, and/or lake levels are low enough that there is a real possibility that the supply situation may become critical if conditions persist, the Director of Water Utilities shall request voluntary compliance by all water users and initiate other measures in accordance with the Water Conservation and Drought Contingency Plan as set out in the said attached Plan. Moderate Conditions: At any time the average daily water use exceeds 95,000,000 gallons per day for three consecutive days, and/or lake levels are declining at such a rapid rate that a more serious problem will result in the near future, and/or well water production and reserves are declining at such a rate that a more serious problem will result in the near future, and/or water demand occasionally reaches what has been determined to be the maximum safe capacity of the system (105,000,000 gallons per day), beyond which the failure of pumps, wells, the water treatment system, or some other piece of equipment could cause a serious disruption of service to part or all of the system, and/or the ground storage volume remains below 80 percent of the total storage capacity for more than two consecutive days, and/or water pressures approach 30 pounds per square inch in the distribution system as measured by the pressure indicators in the system, the Director of Water Utilities shall implement compulsory compliance by all users in accordance with the Water Conservation and Drought Contingency Plan as set out in the said attached Plan. Severe Conditions: At any time the actual failure of a major component of the system which would cause an immediate health or safety hazard, and/or water demand exceeds 105,000,000 gallons per day for three consecutive days, and/or lake or well levels and reserves are so low that diversion or pumping equipment will not function properly, and/or water volumes and pressures are low enough in the distribution system to threaten adequate fire protection, and/or water pressures approach 30 pounds per square inch in the distribution system as measured by the pressure indicators in the system, water utility customers of the City of lubbock and other users of City water will be subject to a penalty for not acting in compliance with the Water Conservation and Drought Contingency Plan attached hereto in accordance with the standards of usage outlined within the plan and with the penalties established therein. - 2 - SECTION 4. Water utility customers of the City of Lubbock and other users of City water that do not comply with Section III of this Ordinance shall be subject to a penalty and fine of not less than $10.00 per day nor more than $200.00 per day for each day of non-compliance and/or disconnection or discontinuance by the City of water services to such water utility customers or other users. If Severe Conditions persist for an extended period of time, the City, by action of the Director of Water Utilities, may ration water usage or terminate services to water system users. Specific exemptions may be granted by the Director of Water Utilities to customers where health and safety are dependent upon particular water flow rates, or industrial or commercial applications where operation depends on a particular flow rate. SECTION 5. The City Council finds and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting and that such place of posting was readily accessible at all times to the general public, 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 contents and posting thereof. · SECTION 6. THAT 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 thereby. SECTION 7. THAT 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. AND IT IS SO ORDERED. Passed by the City Council on first reading this ~l~l~th~-day of July , 1991. Passed by the City Council on second reading this 25th day of July , 1991. - 3 - 1.0 INTRODUCTION 1.1 PURPOSE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN . First Reading July 11, 1991 Item 1130 Second Reading July 25, 1991 Item #9 On May 11, 1989, the City of Lubbock retained an engineering firm to perform a comprehensive engineering study of the City's long-range wastewater treatment and disposal needs. On June 22, 1989, the Lubbock City Council, by formal resolution, indicated its intent to participate in the State Revolving Fund Loan program administered by the Texas Water Development Board. This Water Conservation and Drought Contingency Plan was written to comply with Texas Water Development Board regulations and to provide the City of Lubbock with an acceptable plan to eliminate unnecessary water usage in a cost conscious manner. 1.2 WATER CONSERVATION GOALS The City of Lubbock's average daily water usage of approximately 190 gallons per capita per day (gpcd} is somewhat higher than the State average of 150 gpcd. Lubbock is situated in an arid region which requires more water per capita for landscape irrigation than many parts of the State. Evidence of landscape irrigation demand is apparent when comparing the winter per capita usage of 147 galfday to the summer per capita usage of 240 gal/day. It is the goal of the Water Conservation Plan to reduce over a 11 water usage by 9. 5 gpcd whi 1 e ensuring our water customers are aware of the benefits of water conservation. This reduction of 5 percent from current consumption would decrease the current average annual customer water demand in gallons per day (35, 787,000 gpd, 1990) and maximum day flow in gallons per day (79,003,000 gpd, 1990) as follows: Average Annual Day Flow Maximum Day Flow 1.3 DROUGHT CONTINGENCY GOALS 5% Reduction 1,789,350 gpd 3,950,150 gpd The Drought Contingency Plan (Section 3.0} includes those measures that will provide the City's water utilities the ability to significantly reduce water demand on a temporary basis as caused by drought or other emergency supply reduction circumstance. Such measures involve voluntary reductions, restriction and/or elimination of certain types of water use, and include water rationing. Because the onset of an emergency condition is often rapid, it is important that the City be prepared in advance. The citizen or customer must be aware that certain measures, not addressed in the water conservation program, may be necessary if a drought or other emergency condition occurs. It is the goal of the Drought Contingency Plan to reduce water demand during an emergency situation or prolonged drought to a level which will not exceed the available supply. 1 The nine principal water conservation methods that were considered in preparing the Water Conservation and Drought Contingency Plan are as follows: . Education and Information Plumbing Codes Retrofit Programs Universal Metering and Meter Repair Water Conservation landscaping leak Detection and Repair Recycling and Reuse . Non-Declining Block Rate Structure Means of Implementation and Enforcement 2.0 WATER CONSERVATION PLAN 2.1 EDUCATION AND INFORMATION The City of lubbock will promote water conservation by informing water users about the ways to save water at their homes and businesses, in landscaping and lawn uses, and in recreational uses. Information will be distributed to water users as follows: 2.1.1 Initial Year The initial year shall include all the activities outlined in the.Maintenance Program (section 2.1.2). A fact sheet explaining the newly-adopted Water Conservation and Drought Contingency Plan will be distributed. The initial fact sheet shall be included with the first distributions of educational material. A mail out will be sent to all water users, outlining the short-term and 1 ong term benefits of this program to the citizens of lubbock. The City will institute a school education program, to be conducted by the utility or teachers. This program wi 11 stress the responsibility of each generation to conserve water for the next generation. 2.1.2 Maintenance Program-Future Years Distribution of educational materials will be made annually, timed to correspond with peak summer demand periods. The City will incorporate material available from the American Water Works Association (AWWA), Texas Water Development Board (TWDB), and other appropriate organizations to expand the scope of this project. Articles will be published in the lubbock newspaper. These publications will correspond to the mail outs or will be distributed more often, if conditions warrant. 2 New customers will be provided with water conservation literature when applying for service. 2.2 PLUMBING CODES The City of Lubbock will comply with Title 5, Health and Safety Code, Subtitle E.-Water Use Regulation, Chapter 421-Water Saving Performance Standards, effective September 1, 1991. The water saving standards in this code meet or exceed the standards contained in the TWOS Guidelines for Municipal Water Conservation and Drought Contingency Planning and Program Development. 2.3 RETROFIT PROGRAM The City of Lubbock will make available, through its education and information programs, information for water customer's use when purchasing and installing plumbing fixtures, lawn watering equipment, or using appliances. The advertising program will inform existing users of the advantages of installing water saving devices. 2.4 UNIVERSAL METERING All water users are metered except for designated fire protection systems. All new construction within the City of Lubbock is separately metered. The City of Lubbock will monitor water consumption and inspect meters which vary from its previously established norms. The City has established the following meter maintenance and replacement programs: Meter Type ,Replacement and/or Rehabilitation Period Master Meter Master meters are tested for accuracy on an annual schedule and are rehabilitated or replaced as necessary. Larger than 1 inch Meters will be tested every year and replaced as necessary 1 inch and smaller Every 10 years Through a successful meter maintenance program, coupled ·with computerized billing and leak detection programs, the City of Lubbock has achieved a water de 1 i very rate, from production to consumer, near the 95 percentile. A program of universal metering is a part of the Water Conservation Plan. Universal metering provides that all water users including public facilities are metered. 2.5 WATER CONSERVING LANDSCAPING In order to reduce the demands placed on the water system by landscape watering, the City of Lubbock, through its information and education program, and with the assistance of Texas Tech University's water conservation research programs will encourage customers and local landscaping companies to utilize water saving practices in installation of landscaping for residential and 3 commercial institutions. Some of the methods to be promoted by the education and information program are as follows: -Encourage landscape architects to use minimal water consumption plants and grasses and efficient irrigation systems. -Encourage licensed irrigation contractors to promote drip irrigation systems, where possible, and to design all irrigation systems with water conservation features, such as sprinklers which emit large drops rather than a fine mist and a sprinkler layout which accommodates prevailing wind patterns. -Encourage commercial establishments to use drip irrigation for landscape watering, when practical, and to install ornamental fountains that recycle and use minimal quantities of water. -Encourage local nurseries to offer adapted, low water using plants and grasses and efficient water devices. 2.6 lEAK DETECTION AND REPAIR The City will ut il i ze 1 eak detection techniques in 1 ocat i ng and reducing leaks. A quarterly accounting of water delivery efficiencies is currently made by the City's water utility. Through its computerized water distribution system and billing program, the City can readily identify when excessive leakage occurs and take action to remedy the problem. 2.7 RECYCLE AND REUSE The City of lubbock owns and operates wastewater treatment p 1 ants located in the northern part of the City (Northwest Water Reclamation Plant) and in the southeastern part of the City (Southeast Water Reclamation Plant). The City currently utilizes treated effluent from both plants for beneficial use on agricultural lands. In addition, a 412 million gallon effluent storage reservoir has been built at the City land-Application Site for storage of treated effluent during periods when irrigation is not required, such as during wet weather. A reuse rate of 50% of the raw water supply has already been achieved through land application. Moreover, the lubbock City Council has directed the staff to investigate additional sources of reuse of treated effluent from its proposed advanced wastewater treatment plant. Such reuse may include cooling water for industrial facilities (such as power generating plants and other high demand users) and irrigation of parks and greenbelt areas. 2.8 WATER AND SEWER RATE STRUCTURES The City of lubbock is currently evaluating implementation of a conservation-oriented water and sewer rate structure. The rate structure shall take the form of a non-declining rate structure, with each additional 1,000 gallons costing no less per unit than the prior unit. This conservation measure has been more effective in 4 reducing water usage in other municipalities than a decreasing block rate. .. 2.9 IMPLEMENTATION/ENFORCEMENT The Director of Water Utilities for the City of lubbock will act as the administrator of the Water Conservation Program. The Director will oversee the execution and implementation of all elements of the program. The Director will also be responsible to ensure that adequate records are kept for program verification. 2.10 ANNUAL REPORT In addition to the above outlined responsibilities, the Director will submit an annual report to the Texas Water Development Board on the Water Conservation and Drought Contingency Plan. The report will include the following: A summary of public information which has been distributed. General public response to the plan. Effectiveness of the Water Conservation Plan. Implementation progress and status of plan. 2.11 ENFORCEMENT Following adoption of the Water Conservation and Drought Contingency Plan by ordinance of the City Council of the City of lubbock., the plan will be enforced in the following manner: Service taps will be provided only to customers complying with adopted ordinances. The proposed non-declining block rate structure is economically self-enforcing, and should encourage retrofitting of old plumbing fixtures which use large quantities of water. Water customers who do not pay their water bi 11 s wi 11 have water service discontinued until payment is made. The Building Inspection Department will only certify new construction which conforms with adopted ordinances. An annual report will be submitted by the City to the Texas · Water Development Board on or before sixty days after the anniversary date of the loan closing. 2.12 CONTRACTS WITH OTHER POLITICAL SUBDIVISIONS The City will, as part of contract for sale of water to any other political subdivision or treatment of wastewater for any other political subdivision, require that entity to adopt applicable provisions of the City's Water Conservation and Drought Contingency Plan or have in effect a plan previously approved by the TWDB. These provisions will be through contractual agreement prior to the sale of any water to the political subdivision. Contracts for the sale of water that are already in effect will be revised to reflect the applicable programs of the Water Conservation and Drought 5 Cent i ngency Plan when the contracts are renewed. Enforcement of applicable provisions of the Water Conservation and Drought Contingency Plan in other political subdivisions will be performed by those subdivisions. The City of Lubbock, at the discretion of the Director of Water Utilities, may reduce or stop service to such subdivisions if they fail to adequately enforce the applicable provisions of the Plan. 3.0 DROUGHT CONTINGENCY PlAN 3.1 PURPOSE The purpose of the Drought Contingency Plan is to establish a procedure for identification, classification and handling a water supply and/or demand emergency effectively and efficiently. Also, implementation of the Plan will provide an opportunity to educate our water customers concerning responsible water use during an emergency. 3.2 GENERAL The Lubbock water supply is obtained from the Canadian River Municipal Water Authority, City-owned wells and leased water rights. 3.3 EMERGENCY CONDITIONS After official determination by the Director of Water Utilities that the public water supply is or will be limited, or that the demand is or is projected to exceed supply, the Director will declare and classify the emergency in accordance with Attachment A and then take the actions described below in 3.4, 3.5, 3.6 and 3.7. 3.4 CONDITION DESIGNATION AND RESPONSE Upon determination that any of the emergency conditions must be declared, the public water users will proceed as follows: 3.4.1 Mild 1. Water utility customers will be asked to water lawns only between the hours of 6:00 P.M. and 10:00 A.M. and to reduce normal water use. 2. The general public will be informed by newspaper, radio and/or TV, in advance if possible, of the expected or actual conditions, giving detailed instructions to the users. They will be kept informed concerning the status, i.e., holding, improving, getting worse, etc. 3.4.2 Moderate 1. Water uti 1 i ty customers wi 11 be ordered, under pen a 1 ty for violation of such order(s), to irrigate lawns only between the hours of 6:00p.m. and 10:00 a.m., with even addresses irrigating on even days and odd addresses irrigating on odd days, and to refrain from washing 6 cars, operating recirculating type) defined below. ornamental fountains (except and the •wasting of water• as 2. The public will be informed by newspaper, radio and/or TV, in advance if poss i b 1 e, of the expected or actua 1 conditions, giving detailed instructions to the users. They will be kept informed concerning the status, i.e., holding, improving, getting worse etc. 3.4.3 Severe Definition: 1. The water utilities customers will be ordered, under pen a 1 ty for vi o 1 at ion, to refrain from watering 1 awns, washing cars, filling swimming pools, operating fountains (except recirculating type), and the •wasting of water" as defined below. The City may reduce water pressure as required to accomplish the desired results. 2. The public will be informed by newspaper, radio and/or TV, in advance if possible, of the expected or actual cond 1t ions, giving detailed instructions to the users. They will be kept informed concerning the status, i.e., holding, improving, getting worse etc. The term "wasting of water" shall include wash-down of driveways, sidewalks, parking areas, streets and other areas, and failure to control runoff resulting from watering lawns (mild and moderate conditions only) as determined by the Director of Water Utilities. 3.5 INFORMING THE PUBLIC 1. Public service radio and TV announcements will be made giving citizens details of the expected condition, promoting public cooperation, and advising users of the possible penalties as appropriate. 2. The local newspaper will be utilized for long-range information distribution. 3.6 INITIATION PROCEDURE 1. Radio and TV announcements will be made that a condition (mild, moderate, or severe) has been declared. The announcement will detail the conditions and actions to be taken by the water utilities customers and other water users. The public will be kept informed for the duration of the emergency. 2. The local newspaper will be utilized for long-range information distribution. 3.7 TERMINATION 1. TV and radio announcements will be made that the condition has been reclassified. 7 2. The local newspaper will be utilized for long-range information distribution. 3.8 LEGAL AUTHORITY AND IMPLEMENTATION An ordinance, including all details, will be passed authorizing the Director of Water Utilities to determine the condition, to upgrade or downgrade the condition, to initiate the appropriate actions and to Terminate the condition when the emergency has ended. The Director shall have authority to enact any or all of the prescribed procedures, and to adopt and promulgate rules and regulations as necessary to protect public health and safety. The Director of Water Utilities will consult with the Police Department concerning enforcement of moderate or severe conditions. Penalty clauses in the Ordinance will be enforced and fines will be assessed, if necessary. 8 Mild Conditions ATTACHMENT A CLASSIFICATION OF EMERGENCY CONDITIONS FOR DROUGHT CONTINGENCY PLAN 1. Water demand is approaching the maximum safe capacity of the public water system (105 million gallons per day); 2. Average daily water use exceeds 85,000,000 gallons per day for three consecutive days; 3. Supply lake levels are still high enough to provide an adequate supply, but the levels are low enough to disrupt other beneficial activities; and 4. The water supply is still adequate, but the water levels or reservoir capacities are low enough that there is a real possibility that the supply situation may degrade if the drought or emergency continues. Moderate Conditions 1. The imminent or actual fil11Ure of a major component of the public water system which could cause a health or safety hazard or could restrict desired flows to all areas. 2. Water levels are still adequate, but they are declining at such a rate that a more serious prob 1 em will result in the near future if some type of immediate action is not taken; 3. Average daily water use exceeds 95,000,000 gallons per day for three consecutive days; 4. Water demand occasionally reaches what has been determined to be the system's maximum safe capacity (105 million gallons per. day) beyond which the fa i 1 ure of a pump or some other piece of equipment could cause a serious disruption of service to part or all of the system; and 5. Reservoir levels, well levels, or ground storage are low enough to disrupt some major economic activity. Severe Conditions 1. The imminent or actual failure of a major component of the system which would cause an immediate health or safety hazard; 2. Lake or well levels are so low that pumping equipment will not function properly; 3. Water levels are low enough in the distribution system storage reservoirs to threaten adequate fire protection; and 4. Water demand is exceeding the system's maximum safe capacity (105 mgd) on a regular basis, thus presenting the real danger of a widespread facilities failure resulting in serious disruption of service to part or all of the system. ,I i I J ' " R-861 THE STATE OF TEXAS COUNTY OF LUBBOCK . Before me Ton1a Henr1 . a Notary Public in and for Lubbock County,hTexats on,:us day II d .. 1 Auflll• Account Maneeer nftheSout wes ern ewspa-persona Y appeare + • • • · d s d h bei g by me duly pers Corporation, publishers of the Lubbock Avalanche-Jou~al -M~rrung, an un ay, w o n ._ sworn did depose and say that said newspaper has been pubhshed contmuously for more than fifty-two weeks pn or to the first insertion of this I liZ I I · R o t 1 C I bo k Co t T d th tta bed print-o. 623317 at Lub c un y, exas an e a c ed copy of the · 1 el!al not t ce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_....,JJ4u-l-l ¥v-:z2~8f-4t.-:1~9il.!9~1:L--------------- 1303 WD .53 • 690.59 Account Manae:er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation ... ______ _ ·. ~. ;ICJ .,... .,,..~-_,;;·.;_;;"_;_; liDtll!o ll!acea """" In IIIIa Mdlaft -. .._, Clellrintt4en tile n1111 .,_,.ltifl!ct "«;ltY Of L.utllloclt Yot· klli f'r8clm:ts/Oistr!Cis. effec'llve ·J4ftllai'Y 1; 1992t0fflcial Nlell." A . RWGt liakl IMP IU!tedled lO lind 'mbde e.pan·ot fhls'actlon ea H fUllY COPied llerit11!1n detail. A COPY C!ftrt.orlalnat Df lVCtlmaoPllhallbe , titpt 1ft tile offiCe Df tile city seer. lllrl.._l/lall be M<allable for IIIII> llc.~lon. end lit UCh -lal el!d -·•• cHv election. a true 'eopr ot Ml\\1 ft'lli> .,., be fllrnhhed bii the CIIY ~ ~HCit ot.tlle .W.Stdlno .iUcl9n Of 11!'1 .wotlno -CII!Cb for Jlld!IPKial Ill"..,.,.., ciiYelectlon. .. · · . ):. . ., SECTION L THAT II!Ould anv eectlon, ·parevraph, ·sentence. llhraoe. C'-or -.11 o1 tllb Ordi-Mnc:e be cleelared llftCOI!Ifltullonal or llwallcl .for any ftUOII. bwt ';re. :ma!ftderolllllaQrdlnancullall not be Iff~ llltr'lln' •: · ·· • SECTION). ·TttAT .... Cll~ Secraiii'Y •llet'ebv aulllcirlnd 11!'11 dl~ to ·PI'OIIlde tw !Mrilcatioft ·Of thlsOn:tlt)ance In lb lfiltlreiY fDI. Jowlnv final Nl!Mve tty the' City 'Council.. 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