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HomeMy WebLinkAboutOrd 681-2015 Water Resource Emergency Management Plan.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 681-2015 AN ORDINANCE BY THE CITY OF ANNA, TEXAS, REPEALING ORDINANCE NO. 439-2009 AND ADOPTING A WATER RESOURCE EMGERGENCY MANAGEMENT PLAN FOR THE CITY OF ANNA; PROVIDING FOR PENALTIES AND OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND EFFECTIVE DATE WHEREAS, the City of Anna, Texas, ("City") recognizes that the amount of water available to its water customers is limited; and WHEREAS, the City recognizes that due to natural limitations, drought conditions, system failures, and other acts of God that may occur, the City cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Water Code and the regulations of the Texas Commission on Environmental Quality ("TCEQ") require that the City adopt a Water Resource Emergency Management Plan; and WHEREAS, the City has determined in the best interest of the public to adopt a Water Resource Emergency Management Plan; and WHEREAS, pursuant to Chapter 54 of the Local Government Code, the City is authorized to adopt such policies necessary to preserve and conserve its water resources; and WHEREAS, the City Council of the City desires to adopt a Water Resource Emergency Management Plan as official City policy, as described more specifically in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are hereby found and determined to be true and correct and are incorporated herein by reference for all purposes. Ord. 681-2015 Water Resource Emergency Management Plan 1 02-10-15 Section 2. Adoption of Water Resource Emergency Management Plan The City Council hereby approves and adopts the Water Resource Emergency Management Plan (the "Plan"), attached hereto as Appendix 1, as if recited verbatim herein. Section 3. Penalty Any person, firm, corporation or business entity violating the mandatory water use restrictions authorized under Section 4.2 the Water Resource Emergency Management Plan (Appendix 1) shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding $2,000 and/or discontinuance of water service by the City. Proof of a culpable mental state is not required for a conviction of an offense under this ordinance. Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the City of Anna from filing suit to enjoin the violation. The City of Anna retains all legal rights and remedies available to it pursuant to local, state and federal law Section 4. Notice of Meeting The City Council does hereby find and declare that sufficient written notice of the date, hour, place and subject of the meeting adopting this ordinance was posted at a designated place convenient to the public for the time required by law preceding the meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered . and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the posting thereof Section 5. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance are severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Ord. 681-2015 Water Resource Emergency Management Plan 1 02-10-15 Section 6. Directive to City Manager The City Manager or his designee is hereby directed to file a copy of the Plan and this ordinance with the TCEQ in accordance with Title 30, Chapter 288 of the Texas Administrative Code. Section 7. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council and publication of the caption as prescribed by law. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative method of publication provided by law. Section 8. Repeal of Ordinance 439-2009 Ordinance 439-2009 adopted on April 14, 2009, is hereby repealed, as are other ordinances directly in conflict with this ordinance, to the extent of such conflict. PASSED by the City Council of the City of Anna, Texas this 10th day of February 2015. ATTEST: APPR VEDA Nat a Wilkison, City Secretary Mayor, Mike Crist Ord. 681-2015 Water Resource Emergency Management Plan 1 02-10-15 WATER RESOURCE EMERGENCY MANAGEMENT PLAN CITY OF ANNA FEBRUARY 2015 This Water Resource Emergency Management Plan is an update to the previous Drought Contingency and Water Emergency Response Plan, and was drafted utilizing the Model Water Resource and Emergency Management Plan prepared by Freese and Nichols for the North Texas Municipal Water District (NTMWD). The Greater Texoma Utility Authority (GTUA) is a customer of the NTMWD and receives treated water from the NTMWD for delivery to several GTUA Member Cities and Customers including the City of Anna. This plan was prepared pursuant to Texas Commission on Environmental Quality rules. Some material is based on the existing drought contingency plans listed in Appendix A. This Water Resource Emergency Management plan is based on the Texas Administrative Code in effect on June 25, 2013. TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES.....................................................................................1-1 2. DEFINITIONS.......................................................................................................................2-1 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ............................................ 3-1 4. WATER RESOURCE EMERGENCY MANAGEMENT PLAN....................................................4-1 4.1 Provisions to Inform the Public and Opportunity for Public Input ................................. 4-1 4.2 Initiation and Termination of Water Resource and Emergency Management Stages.. 4-2 4.3 Procedures for Granting Variances to the Plan............................................................ 4-11 4.4 Procedures for Enforcing Mandatory Water Use Restrictions.....................................4-12 4.5 Coordination with the Regional Water Planning Group and GTUA.............................4-12 4.6 Review and Update of Water Resource Emergency Management Plan......................4-12 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule §288.20 — Drought Contingency Plans for Municipal Uses by Public Water Suppliers APPENDIX C Letter to Region C Water Planning Groups APPENDIX D Ordinance Adopting Water Resource Emergency Management Plan 1. INTRODUCTION AND OBJECTIVES This document is based on a Model Water Resource and Emergency Management Plan prepared by the Greater Texoma Utility Authority (GTUA) for its Member Cities and Customers. This plan addresses all of the current TCEQ requirements for a drought contingency plan. The measures included in this Water Resource Emergency Management Plan are intended to provide short-term water savings during drought or emergency conditions. Water savings associated with ongoing, long-term strategies are discussed in the City's Water Conservation Plan. The purpose of this Water Resource Emergency Management plan is as follows: • To conserve the available water supply in times of drought and emergency • To maintain supplies for domestic water use, sanitation, and fire protection • To protect and preserve public health, welfare, and safety • To minimize the adverse impacts of water supply shortages • To minimize the adverse impacts of emergency water supply conditions. The GTUA supplies treated potable water to the City of Anna with treated water received from NTMWD. This plan calls for Member Cities and Customers to adopt water resource management stages initiated by GTUA during a drought or water supply emergency. The City may adopt more stringent water resource management stages than GTUA if conditions warrant. In the absence of drought response measures, water demands tend to increase during a drought due to increased outdoor irrigation. The severity of a drought depends on the degree of depletion of supplies and on the relationship of demand to available supplies. 2. DEFINITIONS 1. ATHLETIC FIELD means a public sports competition field, the essential feature of which is turf grass, used primarily for organized sports practice, competition or exhibition events for schools, professional sports, or sanctioned league play'. 2. CITY means the City of Anna, Texas. ' Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf 2-1 3. CITY MANAGER means the City Manager of the City of Anna, Texas. 4. CITY COUNCIL means the City Council of the City of Anna, Texas. 5. COMMERCIAL FACILITY business or industrial buildings and the associated landscaping, but does not include the fairways, greens, or tees of a golf courseError! Bookmark not defined.. 6. COMMERCIAL VEHICLE WASH FACILITY means a permanently -located business that washes vehicles or other mobile equipment with water or water-based products, including but not limited to self-service car washes, full service car washes, roll-over/in-bay style car washes, and facilities managing vehicle fleets or vehicle inventoryError! Bookmark not defined.. 7. COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates primarily in northern and central regions of the U.S. Cool season grasses include perennial and annual rye grass, Kentucky blue grass and fescuesii 8. CUSTOMERS include those entities to whom GTUA provides water on a customer basis that are not members of GTUA. 9. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is permitted to irrigate outdoorsError! Bookmark not defined.. 10. DRIP IRRIGATION is a type of micro -irrigation system that operates at low pressure and delivers water in slow, small drips to individual plants or groups of plants through a network of plastic conduits and emitters; also called trickle irrigation.'ii 11. DROUGHT, for the purposes of this report, means an extended period of time when an area receives insufficient amounts of rainfall to replenish the water supply, causing water supply sources to be depleted"'. ii Definition developed by Freese and Nichols, Inc. iii Amy Vickers: Handbook of Water Use and Conservation, Amherst Massachusetts, June 2002 iv Freese and Nichols, Inc.: Water Conservation and Drought Contingency and Water Emergency Response Plan, prepared for North Texas Municipal Water District, Fort Worth, March 2008. 2-2 12. EVAPOTRANSPIRATION abbreviated as ET represents the amount of water lost from plant material to evaporation and transpiration. The amount of ET can be estimated based on the temperature, wind, and relative humidity". 13. ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run times based on weather (ET) data. These controllers are designed to replace the amount of water lost to evapotranspiration". 14. FOUNDATION WATERING means an application of water to the soils directly abutting the foundation of a building structureError! Bookmark not defined.. 15. IRRIGATION SYSTEM means a custom-made, site-specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below groundError! Bookmark not defined.. 16. MEMBER CITIES include the cities of Anna, Howe and Van Alstyne Texas. 17. NEW LANDSCAPE means vegetation: installed at the time of the construction of a residential or commercial facility; installed as part of a governmental entity's capital improvement project; or installed to stabilize an area disturbed by constructionError! Bookmark not defined.. It does not include hydro -mulch, turf grass plugs, or broadcast turf grass seed applied or installed at the time of construction of a residential or commercial facility. 18. ORNAMENTAL FOUNTAIN means an artificially created structure (up to six feet in diameter) from which a jet, stream, valves and emission devices or flow of water emanates and is not typically utilized for the preservation of aquatic IifeError! Bookmark not defined.. 19. PRESIDENT means the President of the Greater Texoma Utility Authority Board of Directors" 20. RAIN/FREEZE SENSOR means a device designed to stop the flow of water to an automatic irrigation system when rainfall or freeze event has been detected. 21. SOAKER HOSE means a perforated or permeable garden -type hose or pipe that is laid above ground that provides irrigation at a slow and constant rateError! Bookmark not defined.. 22. SPRINKLER means an above -ground water distribution device that may be attached to a garden hose'. 2-3 23. SWIMMING POOL means any structure, basin, chamber, or tank including hot tubs, containing an artificial body of water for swimming, diving, or recreational bathing, and having a depth of two (2) feet or more at any point'. 24. WATER RESOURCE EMERGENCY MANAGEMENT PLAN means a strategy or combination of strategies for temporary supply management and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies required by Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is sometimes called a drought contingency plan. 2-4 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, a current copy of which is included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies."' Minimum Requirements TCEQ's minimum requirements for drought contingency plans are addressed in the following subsections of this report: • 288.20(a)(1)(A) — Provisions to Inform the Public and Provide Opportunity for Public Input — Section 4.1 • 288.20(a)(1)(B) — Provisions for Continuing Public Education and Information — Section 4.2 • 288.20(a)(1)(C) — Coordination with the Regional Water Planning Group — Section 4.6 • 288.20(a)(1)(D) — Criteria for Initiation and Termination of Water Resource Management Stages —Section 4.3 • 288.20(a)(1)(E) —Water Resource Management Stages —Section 4.3 • 288.20(a)(1)(F) — Specific, Quantified Targets for Water Use Reductions — Section 4.3 • 288.20(a)(1)(G) — Water Supply and Demand Management Measures for Each Stage — Section 4.3 • 288.20(a)(1)(H) — Procedures for Initiation and Termination of Water Resource Management Stages — Section 4.3 • 288.20(a)(1)(1) - Procedures for Granting Variances — Section 4.4 • 288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions — Section 4.5 • 288.20(a)(3)—Consultation with Wholesale Supplier — Sections 1, 4.2, and 4.3 • 288.20(b) — Notification of Implementation of Mandatory Measures — Section 4.3 • 288.20(c) — Review and Update of Plan — Section 4.7 3-1 4. WATER RESOURCE EMERGENCY MANAGEMENT PLAN 4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT The City has provided opportunity for public input in the development of this Water Resource Emergency Management Plan by holding a public meeting and providing written notice to the public concerning the proposed plan and public meeting. The City will inform and educate the public about the Water Resource Emergency Management Plan by the following means: • Making the plan available to the public through the City's web site (if available). • Including information about the Water Resource Emergency Management Plan on the City web site. • At any time that the Water Resource Emergency Management Plan is activated or the Water Resource Emergency Management Plan changes, the City will notify local media of the issues, the water resource management stage (if applicable), and the specific actions required of the public. The information will also be publicized on the City's web site. Billing inserts will also be used as appropriate. 4-1 4.2 INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY MANAGEMENT STAGES Initiation of a Water Resource Management Stage The City Manager may order the implementation of a water resource management stage when one or more of the trigger conditions for that stage is met. The following actions will be taken when a water resource management stage is initiated: • The City Manager will notify the City Council of any order to implement water resource management stages, including any action deemed necessary to implement the Water Resource Emergency Management Plan stages. • The public will be notified through local media and the City's web site as described in Section 4.1. • Wholesale customers and the GTUA will be notified by e-mail with a follow-up letter or fax that provides details of the reasons for initiation of the water resource management stage. • If any mandatory provisions of the Water Resource Emergency Management Plan are activated, the City will notify the Executive Director of the TCEQ and the President of the GTUA within 5 business days. • If the City is regularly taking surface water provided by the GTUA, the Water Resource Emergency Management Plan stages imposed by GTUA should be initiated by the City. If the City is not regularly taking surface water provided by GTUA, the City is not obligated to initiate the same Emergency Management Plan stages imposed by GTUA on its Member Cities and Customers. • For other trigger conditions internal to the City of Anna, the City Manager, may decide not to order the implementation of a water resource management stage or water emergency even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. 4-2 Termination of a Water Resource Management Stage The City Manager may order the termination of a water resource management stage when the conditions for termination are met or at his discretion. The following actions will be taken when a water resource management stage is terminated: • The City Manager will notify the City Council of any order to terminate water resource management stages. • The public will be notified through local media and the City's web site as described in Section 4.1. • Wholesale customers and the GTUA will be notified by e-mail with a follow-up letter or fax. • If any mandatory provisions of the Water Resource Emergency Management Plan that have been activated are terminated, the City will notify the Executive Director of the TCEQ and the President of the GTUA within 5 business days. The City Manager may decide not to order the termination of a water resource management stage even though the conditions for termination of the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the water resource management stage. Water Resource Emergency Management Plan Stages and Measures Stage 1 Initiation and Termination Conditions for Stage 1 • The GTUA has initiated Stage 1, which may be initiated due to one or more of the following: o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that conditions warrant the declaration of Stage 1. o NTMWD has initiated Stage 1. o GTUA water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days o GTUA water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. o GTUA's supply source becomes contaminated. 4-3 o Supply source is interrupted or unavailable due to invasive species. o GTUA's water supply system is unable to deliver water due to the failure or damage of major water system components. • The City's water demand exceeds 95 percent of the amount that can be delivered to customers for three consecutive days. • The City's water demand for all or part of the delivery system equals delivery capacity because delivery capacity is inadequate. • The City's Water source becomes contaminated. • The City's water supply system is unable to deliver adequate water due to the failure or damage of major water system components. • The City's water supply system is unable to deliver adequate water due to maintenance, construction, or repair of major system components. Stage 1 may terminate when GTUA terminates its Stage 1 condition or when the circumstances that caused the initiation of Stage 1 no longer prevail. Goal for Use Reduction and Actions Available under Stage 1 The goal for water use reduction under Stage 1 is a five percent (5%) reduction in the amount of water obtained by the City from GTUA from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required bV GTUA, the City Manager can set a goal for greater or lesser water use reduction. The City Manager may order the implementation of any or all of the actions listed below, as deemed necessary to achieve the Goal for Use Reduction under Stage 1. • Continue actions in the City's Water Conservation Plan. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Initiate engineering studies to evaluate alternatives should conditions worsen. • Further accelerate public education efforts on ways to reduce water use. • Halt non-essential city government water use. (Examples include street cleaning, vehicle washing, operation of ornamental fountains, etc.) • Encourage water customers to wait until the current drought or emergency situation has passed before establishing new landscaping. =A • Encourage water customers to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ — Limit landscape watering with Sprinklers or Irrigation Systems at each service address to no more than two days per week on designated days between April 1 — October 31. Limit landscape watering with Sprinklers or Irrigation Systems at each service address to once every week on designated days between November 1— March 31. The following exceptions may be authorized: o New Landscape associated with new construction may be watered in as necessary for 30 days from the installation of new landscape features, provided such watering complies with all other Landscape and Water Management Regulations. o Foundations, landscape, trees and shrubs (within a ten foot radius of its trunk), and planting beds (flowers, ornamental and garden plants, etc.) may be watered on any day by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone using a Drip Irrigation system, provided no runoff occurs. o An exemption from the designated outdoor water use days is allowed for registered and properly functioning ET/Smart Controller Irrigation Systems, provided such use is limited to no more than two days per week. ET/Smart Controller Irrigation Systems are subject to the City's Landscape and Water Management regulations and all other restrictions applicable under this stage. o Public athletic fields used for competition may be watered twice per week. o Golf course greens and tee boxes may be hand watered as needed. o Locations using alternative sources of water supply only for irrigation may irrigate without day of the week restrictions provided proper signage is employed. However, irrigation using alternative sources of supply is subject to all other restrictions applicable to this stage. If the alternative supply source is a private water well, proof of well registration with the North Texas Groundwater Conservation District is required. Other alternative sources of water supply may not include imported treated water. • Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City Council) for all water use over a certain level. 4-5 Measures described as "requires notification to TCEQ" impose mandatory requirements on water customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are implemented. Stage 2 Initiation and Termination Conditions for Stage 2 • The GTUA has initiated Stage 2, which may be initiated due to one or more of the following: o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that conditions warrant the declaration of Stage 2. o NTMWD has initiated Stage 2. o GTUA water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. o GTUA water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. o GTUA's supply source becomes contaminated. o GTUA's water supply system is unable to deliver water due to the failure or damage of major water system components. • The City's water demand exceeds 98 percent of the amount that can be delivered to customers for three consecutive days. • The City's water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • The City's water supply source becomes contaminated. • The City's water supply system is unable to deliver adequate water due to the failure or damage of major water system components. • The City's water supply system is unable to deliver adequate water due to maintenance, construction, or repair of major system components. Stage 2 may terminate when GTUA terminates its Stage 2 condition or when the circumstances that caused the initiation of Stage 2 no longer prevail. Goals for Use Reduction and Actions Available under Stage 2 The goal for water use reduction under Stage 2 is a reduction of ten percent (10%) in the amount of water obtained by the City from GTUA from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required bV GTUA, the City Manager can set a goal for greater or lesser water use reduction. The City Manager may order the implementation of any or all of the actions listed below, as deemed necessary to achieve the Goal for Use Reduction under Stage 2. • Continue or initiate any actions available under Stage 1. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • Encourage all water customers to reduce the frequency of draining and refilling swimming pools. • Requires Notification to TCEQ — Limit landscape watering with Sprinklers or Irrigation Systems at each service address to once per week on designated days between April 1 — October 31. Limit landscape watering with Sprinklers or Irrigation Systems at each service address to once every other week on designated days between November 1 — March 31. The following exceptions may be authorized: o New Landscape associated with new construction may be watered in as necessary for 30 days from the installation of new landscape features, provided such watering complies with all other Landscape and Water Management Regulations. o Foundations, trees and shrubs (within a ten foot radius of the trunk), and planting beds (flowers, ornamental and garden plants, etc.) may be watered for up to two hours on any day by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone using a Drip Irrigation system, provided no runoff occurs. (does not include watering lawns or turf grass) o An exemption from the designated outdoor water use days is allowed for registered and properly functioning ET/Smart Controller Irrigation Systems, provided such use is limited to no more than one day per week. ET/Smart Controller Irrigation Systems are subject to the City's Landscape and Water Management regulations and all other restrictions applicable under this stage. o Public athletic fields used for competition may be watered twice per week. 4-7 o Golf course greens and tee boxes may be hand watered as needed. o Locations using alternative sources of water supply only for irrigation may irrigate without day of the week restrictions provided proper signage is employed. However, irrigation using alternative sources of supply is subject to all other restrictions applicable to this stage. If the alternative supply source is a private water well, proof of well registration with the North Texas Groundwater Conservation District is required. Other alternative sources of water supply may not include imported treated water. • Requires Notification to TCEQ— Prohibit hydro seeding, hydro mulching, and sprigging. Requires Notifications to TCEQ — Prohibit over -seeding, sodding, sprigging, broadcast or plugging with Cool Season Grasses with the exception of public athletic fields or golf courses. Prohibit watering of Cool Season Grasses with the exception of public athletic fields or golf courses. • Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City Council) as requested by GTUA. • Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City Council) for all water use over a certain level. • Requires Notification to TCEQ — If GTUA has imposed a reduction in water available to the City of Anna, impose the same percent reduction on wholesale customers. Measures described as "requires notification to TCEQ" impose mandatory requirements on water customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are implemented. Stage 3 Initiation and Termination Conditions for Stage 3 • The GTUA has initiated Stage 3, which may be initiated due to one or more of the following: o The GTUA President, with the concurrence of the GTUA Board of Directors, finds that conditions warrant the declaration of Stage 3. o NTMWD has initiated Stage 3. o GTUA water demand exceeds the amount that can be delivered to customers. ►,; o GTUA water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. o GTUA's supply source becomes contaminated. o GTUA's water supply system is unable to deliver water due to the failure or damage of major water system components. • The City's water demand exceeds the amount that can be delivered to customers. • The City's water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. • The City's water supply source becomes contaminated. • The City's water supply system is unable to deliver adequate water due to the failure or damage of major water system components. • The City's water supply system is unable to deliver adequate water due to maintenance, construction, or repair of major system components. Stage 3 may terminate when GTUA terminates its Stage 3 condition or when the circumstances that caused the initiation of Stage 3 no longer prevail. Goals for Use Reduction and Actions Available under Stage 3 The goal for water use reduction under Stage 3 is a reduction of whatever amount is necessary in the amount of water obtained by the City from GTUA from the previous annual payment period prior to drought restrictions. If circumstances warrant or if required by GTUA, the City Manager can set a goal for greater or lesser water use reduction. The City Manager may order the implementation of any or all of the actions listed below, as deemed necessary to achieve the Goal for Use Reduction under Stage 3. • Continue or initiate any actions available under Stages 1, and 2. • Notify wholesale customers of actions being taken and request them to implement similar procedures. • Implement viable alternative water supply strategies. • Requires Notification to TCEQ— Initiate mandatory water use restrictions as follows: o Prohibit hosing and washing of paved areas, buildings, structures, windows or other surfaces except by variance and performed by a professional service using high efficiency equipment. o Prohibit operation of ornamental fountains or ponds that use potable water. ® Requires Notification to TCEQ — Prohibit installation of new landscape plants. This includes new construction locations and new landscape plantings on existing developed properties. • Requires Notification to TCEQ— Prohibit the use of potable water for the irrigation of New Landscaping. • Requires Notification to TCEQ — Prohibit all outdoor landscape watering. The following exceptions may be authorized: o Foundations and trees (within a ten foot radius of the trunk) may be watered for up to two hours on one designated day per week by a hand-held hose with shut off nozzle, a soaker hose, or a dedicated zone using a Drip Irrigation system, provided no runoff occurs. o Public athletic fields used for competition may be watered up to twice per week with approval of a variance. o Golf course greens and tee boxes may be hand watered as needed. o Locations using alternative sources of non -potable water supply only for irrigation may irrigate outdoor landscape provided proper signage is employed. However, irrigation using alternative sources of supply is subject to all other restrictions applicable to this stage. If the alternative supply source is a private water well, proof of well registration with the North Texas Groundwater Conservation District is required. Other alternative sources of water supply may not include imported treated water. ® Requires Notification to TCEQ — Prohibit washing of vehicles except at commercial vehicle wash facilities. • Requires Notification to TCEQ — Prohibit permitting of new swimming pools, wading pools, Jacuzzi and hot tubs. e Requires Notification to TCEQ — Prohibit the filling, draining and refilling of existing swimming pools, wading pools, Jacuzzi and hot tubs except to maintain structural integrity, proper operation and maintenance or to alleviate a public safety risk. Existing pools may add water to replace losses from normal use and evaporation. 4-10 • Requires Notification to TCEQ — Prohibit the operation of all spray ground or splash pad water recreation features that do not treat and recirculate water. Public splash pads that recirculate water are not restricted unless further reductions become necessary. • Requires Notification to TCEQ — Require all commercial water users to reduce water use by a percentage established by the City Manager. • Requires Notification to TCEQ — If GTUA has imposed a reduction in water available to the City of Anna, impose the same percent reduction on wholesale customers. • Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City Council) as requested by GTUA. ® Requires Notification to TCEQ - Initiate a rate surcharge (subject to approval of the City Council) for all water use over a certain level. Measures described as "requires notification to TCEQ" impose mandatory requirements on water customers. The City will notify TCEQ and GTUA within five business days if the mandatory measures are implemented. 4.3 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN (a) The City Manager or his designee may, in special cases, grant variances from the mandatory requirements for water use reduction outlined in Section 4.2 of this Water Resource Emergency Management Plan to persons demonstrating extreme hardship and need. Variances may be granted under the following circumstances and conditions. 1. the applicant must sign a compliance agreement on forms provided by the City, and approved by the City Attorney, agreeing to irrigate, or otherwise use water only in the amount and manner permitted by the variance; and 2. the granting of a variance must not cause an immediate significant reduction in the City's water supply; and 3. the extreme hardship or need requiring the variance must relate to the health, safety, or welfare of the person requesting it; and 4. the health, safety, and welfare of other persons must not be adversely affected by granting the variance. 4-11 (b) The City Manager or his designee may revoke a variance granted when he or she determines that: 1. the conditions that warranted granting the variance are no longer applicable; 2. the terms of the compliance agreement are being violated; or 3. the health, safety, or welfare of other persons requires revocation. 4.4 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS The City Manager or his official designee is authorized to order the implementation, termination and enforcement of the Water Resource and Emergency Management Stages consistent with Section 4.2 of this Water Resource Emergency Management Plan. (see Appendix D for Ordinance adopting Water Resource Emergency Management Plan) 4.5 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND GTUA Appendix C includes a copy of a letter sent to the Chair of the Region C Water Planning Group with this Water Resource Emergency Management Plan. The City will also send the final ordinance(s) or other regulation(s) to GTUA. 4.6 REVIEW AND UPDATE OF WATER RESOURCE EMERGENCY MANAGEMENT PLAN As required by TCEQ rules, Member Cities and Customers must review the Water Resource Emergency Management Plan every five years. The plan will be updated as appropriate based on new or updated information. 4-12 APPENDIX A LIST OF REFERENCES APPENDIX A LIST OF REFERENCES 1. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter B, Rules 288.20 and 288.22, downloaded from http://info.sos.state tx us/pls/pub/readtac$ext.ViewTAC?tac view=4&ti=30&fit=1&ch=288, June 2013 2. Model Water Conservation Plan for GTUA Members Cities and Customers, April 2014 3. Freese and Nichols, Inc.: Water Conservation Plan, prepared for North Texas Municipal Water District, Fort Worth, February 2014. 4. Texas Water Development Board, Texas Commission on Environmental Quality, Water Conservation Advisory Council. "Guidance and Methodology for Water Conservation Reporting.", December 2012. S. Freese and Nichols, Inc., Alan Plummer and Associates, CP &Y Inc., Cooksey Communications, "2011 Region C Water Plan". A-2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS FOR MUNICIPAL USES BY PUBLIC WATER SUPPLIERS 1y1' 1-'/ i Texas1 1° on Environmental1 lirought ContingencyPlans iMunicipal1' Public Water Suppliers TITLE 30 PART 1 CHAPTER 288 lymr.VKro 1 1 • ENVIRONMENTAL QUALITY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS SUBCHAPTER B DROUGHT CONTINGENCY PLANS RULE §288.20 Drought Contingency Plans for Municipal Uses by Public Water Suppliers (a) A drought contingency plan for a retail public water supplier, where applicable, must include the following minimum elements. (1) Minimum requirements. Drought contingency plans must include the following minimum elements. (A) Preparation of the plan shall include provisions to actively inform the public and affirmatively provide opportunity for public input. Such acts may include, but are not limited to, having a public meeting at a time and location convenient to the public and providing written notice to the public concerning the proposed plan and meeting. (B) Provisions shall be made for a program of continuing public education and information regarding the drought contingency plan. (C) The drought contingency plan must document coordination with the regional water planning groups for the service area of the retail public water supplier to ensure consistency with the appropriate approved regional water plans. (D) The drought contingency plan must include a description of the information to be monitored by the water supplier, and specific criteria for the initiation and termination of drought response stages, accompanied by an explanation of the rationale or basis for such triggering criteria. (E) The drought contingency plan must include drought or emergency response stages providing for the implementation of measures in response to at least the following situations: (i) reduction in available water supply up to a repeat of the drought of record; (ii) water production or distribution system limitations; (iii) supply source contamination; or (iv) system outage due to the failure or damage of major water system components (e.g., pumps). (F) The drought contingency plan must include specific, quantified targets for water use reductions to be achieved during periods of water shortage and drought. The entity preparing the plan shall establish the targets. The goals established by the entity under this subparagraph are not enforceable. (G) The drought contingency plan must include the specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to, the following: (i) curtailment of non-essential water uses; and (ii) utilization of alternative water sources and/or alternative delivery mechanisms with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non -municipal water supply, use of reclaimed water for non -potable purposes, etc.). (H) The drought contingency plan must include the procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. (I) The drought contingency plan must include procedures for granting variances to the plan. (J) The drought contingency plan must include procedures for the enforcement of mandatory water use restrictions, including specification of penalties (e.g., fines, water rate surcharges, discontinuation of service) for violations of such restrictions. (2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought contingency plan in accordance with this section and incorporate such plan into their tariff. (3) Wholesale water customers. Any water supplier that receives all or a portion of its water supply from another water supplier shall consult with that supplier and shall include in the drought contingency plan appropriate provisions for responding to reductions in that water supply. (b) A wholesale or retail water supplier shall notify the executive director within five business days of the implementation of any mandatory provisions of the drought contingency plan. (c) The retail public water supplier shall review and update, as appropriate, the drought contingency plan, at least every five years, based on new or updated information, such as the adoption or revision of the regional water plan. Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384 APPENDIX C LETTER TO REGION C WATER PLANNING GROUP aaa a ua�a+a<a v Letter to Region C Water Planning Group 13 . Jody Puckett 'hair, Region C Water Planning Group 500 Marilla St., Rm 4AN Texas 75201 City ofAnna Water Resource Emergency Management Plan Mr. Puckett: please find a copy of the Water Resource Emergency Management Plan for s of the City of Anna. I am submitting a copy of this plan to the Region C Water Group in accordance with the Texas Water Development Board and Texas on Environmental Quality rules. Sincerely, oseph Johnson, CPM of Public Works G, Y OF AN,NA, TFXAS A,NIN3, 11X4 r 1. 9-077G 11ONF 372-fs2' 237E FAX 972 9)4 �C20 tkIVsVd.AN','AATFXAS,C, 7`f