HomeMy WebLinkAboutO-2011-3361 amend Water Conservation and Drought Contingency Plan/Tabled-bring back 7/25/11 8
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 27, 2011 Appropriation
Requested By: David Mick Source of Funds: N/A
Department: Public Works Account Number: N/A
Report: Resolution: Ordinance: XX Amount Budgeted•N /A
Exhibits: Existing City of La Porte Plan Amount Requested:
Exhibits: Marked up copy of the plan Rndueted Item! N/A
Exhibits: Prnposed Ordinance TPYaC Administrative Code Title 30, Section 288.20
SUMMARY & RECOMMENDATION
At City Council's June 27, 2011 meeting, staff recommended three revisions to the existing City of
La Porte Water Conservation and Drought Contingency Plan. One of the proposed revisions was the
addition of a penalty to coincide with the mandatory water reduction measures that are mandated by
the Stage 2 component of the plan. The other two revisions were housekeeping items designed to
clarify the Stage 2 lawn watering schedule and to update the public information plan component to
include the various networking and social media outlets that are now available to the city. This
agenda item was tabled until the July 11 meeting.
Staff will reintroduce the recommended changes — modified in a couple of instances to incorporate
comments that had come from Council during the June 27 meeting - and provide additional
background information. If City Council would like to consider other revisions to the existing plan,
staff will investigate those items, run them through the Texas Commission of Environmental Quality
(TCEQ) if necessary and present those changes to Council at a future meeting.
Background to the Drought Contingency Plan:
A drought contingency plan was required by the State of Texas with Senate Bill 1 enacted in 1997.
The initial City of La Porte plan predated Senate Bill 1 and was adopted in April, 1987. The drought
contingency portion of the plan was last revised in October, 2007 with the incorporation of changes
required by the state. Council also reauthorized the plan in April 2009.
The City of La Porte, Morgan's Point, and Shoreacres each have separate drought contingency plans.
The La Porte Area Water Authority (LPAWA), which provides surface water for these same three
cities, also has its own plan. The LPAWA Board approves the LPAWA plan, which is then approved
by the La Porte City Council. (Note that the La Porte City Council, with La Porte being the largest
of the three member cities, must also approve contracts entered into by the LPAWA Board.) From a
practical standpoint, the basic structure of the LPAWA plan and the City of La Porte plan must be
consistent, but there is room for variations in the respective plan for each LPAWA- member city.
What is the purpose of the drought contingency plan? Primarily it is a document that ensures public
safety and integrity of the water distribution system. A byproduct of excessive water demand is low
water pressure. Without sufficient water pressure, the system's ability to provide adequate fire flow
and to maintain safe drinking water quality is compromised. The status of the city water distribution
system at various line pressures can be approximately described as follows (depending on location):
Water System Response to Low Pressure
56 psi Water Tanks Full
52 psi Water Tanks at 75%
49 psi Water Tanks at 50%
46 psi Water Tanks at 25% - Start of concern for firefighting capabilities
43 psi Water Tanks at 0% - Firefighting capabilities are greatly diminished
35 psi Minimum TCEQ Design Pressure Requirement
20 psi or less If any part of the water system is dewatered, notify TCEQ. Issue boil advisory for
any affected area. If no dewatering occurred, flush and take water samples.
There were brief periods (lasting several hours) leading up to La Porte's recent activation of Stage 1
voluntary reduction alert that the water pressure was approximately 45 psi (perhaps as low as 40 psi
in some areas).
At 20 psi or less, there is some potential for backflow into the water distribution system. Undetected
leaks and water from any plumbing connection that is open to the system can siphon back into the
system. If a system were to run out of water due to a significant power outage or where demand
exceeds the system capacity, the City would be looking at a city-wide boil advisory, taking water
samples at strategic locations city-wide, and perhaps also flushing the entire system. Maintaining the
system pressure above 20 psi is critical.
When the water consumption demand in the system rises sufficiently enough to cause concern, it is
important that a city official have the ability to act quickly to increase the system output (if possible)
or attempt to reduce the demand. The current drought contingency plan, adopted by City Ordinance,
gives the Public Works Director the authority to implement the provisions of the plan as necessary.
Drought Contingency Plan Provisions:
The current drought contingency plan for the City of La Porte is attached. There are four alert levels
ranging from Stage 1 "Mild Conditions" to Stage 4 "Critical Conditions ". Stage 1 outlines voluntary
water reduction measures for water customers; Stages 2 — 4 contain mandatory measures. Stages 3
and 4 have penalties associated with already them in the form surcharges to the user for non-
compliance. Stage 2, though "mandatory" compliance is included in this stage, does not include an
associated penalty. Title 30, Part 1, Section 288.20(a)(1)(J) of the Texas Administrative Code reads:
(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.
The administrative code requires that a penalty will be provided with mandatory conditions. Staff is
recommending a 50% surcharge to appear in the customer's water bill for each occurrence. This
surcharge would apply only to the water -use component of the water bill and would amount to
approximately $12 - $20 for a typical household. Attached is a summary of penalties assessed for
their various plan stages by neighboring communities. If enacted the proposed 50% penalty would
have the lowest cost associated with it in comparison to these other communities.
Council also voiced concerns with the current Stage 3 and Stage 4 prohibitions and the associated
penalties and /or whether or not the provisions were enforceable. Staff did add a revision to the Stage
3 plan component that would include a carryover of the recommended Stage 2 penalty into Stage 3
along with the Stage 2 prohibitions. An overhaul of these sections would take some time and
coordination efforts with the state and the other LPAWA communities may want to consider their
plans as well. Staff's request is that Council consider these proposed changes that were introduced in
the June 27, 2011 meeting and to relay any items that Council desires to revisit at a future meeting.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of new ordinance amending the City's Water Conservation and Drought
Contingency Plan.
Ass roved for Ci Council A • enda
0411
e
AM_ g 1-S11
Ro i Bo • •ms, City Manager Date
+ i f
ORDINANCE 2009 -J /#
AN ORDINANCE APPROVING AND ADOPTING A WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF LA PORTE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE. WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The City Council hereby approves and adopts a Water Conservation and
Drought Contingency Plan for the City of La Porte, in substantially the form as shown in
the document which is attached hereto as Exhibit A and incorporated herein by reference.
Section 2. The City Council officially fords, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the
Authority was posted at a place convenient to the public at the City Hall of the City of La
Porte for the time required by law proceeding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that the meeting has been
open to the public as required by law at all tunes during which this Resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The
Authority further ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval, and }
it is so ordered.
PASSED AND APPROVED, this the 27th day of April, 2009.
CITY OF LA FORTE, TEXAS
By:
Mayor
ATTEST:
Secretary Lill
APPROVED:
741 1-t44
Ci y Attorney
•
attachement2 mark up Drought Continency Plan :. - : - ' - • : : • : f Formatted: Highlight
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CITY OF LA PORTE
DROUGHT CONTINGENCY PLAN
A. INTRODUCTION
Drought, or a number of other uncontrollable circumstances, can disrupt the normal
availability of community or utility water supplies. Even though a city may have an adequate
water supply, the supply could become contaminated, or a disaster could destroy the supply.
During drought periods, consumer demand is often significantly higher than normal. Some
older systems, or systems serving rapidly growing areas, may not have the capacity to meet
higher than average demands without system failure or other unwanted consequences.
System treatment, storage, or distribution failures can also present a city or utility with an
emergency demand management situation.
It is important to distinguish drought contingency planning from water conservation planning.
While water conservation involves implementing permanent water use efficiency or reuse
practices, drought contingency plans establish temporary methods or techniques designed to
be used only as long as an emergency exists.
An effective drought contingency plan will need to include the following six elements:
1. Trigger Conditions signaling the start of an emergency period;
2. Drought contingency measures;
3. Information and education;
4. Initiation procedures;
5. Termination notification actions; and
6. Means of implementation
B. SYSTEM CONSTRAINTS
The La Porte Area Water Authority is composed of three (3) entities - the cities of La Porte,
Morgan's Point, and Shoreacres. The Authority purchased production capacity from the City
of Houston's Southeast Water Purification Plant. In addition, the Authority purchased
pumping capacity, or peaking capacity, at 1.25 times the production capacity. Listed below is
the production and pumping capacity for each entity, together with total capacity'.
2001 Capacity Figures
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I attachement2 mark up Drought Contingency Plan ` - • • . • • • - • t Formatted: Highlight
CUSTOMER PRODUCTION PUMPING
CAPACITY CAPACITY
(MGD) (MGD)
La Porte 6.302 7.879
Morgan's Point 0.555 0.694
Shoreacres 0.343 0.429
TOTAL 7.20 9.000
In addition, each entity has the ability to supply its entire water supply through groundwater
production from wells. After 1990, the Harris - Galveston Coastal Subsidence District decreed
that no more than ten per cent (10 %) of each entity's yearly water production can be produced
from groundwater. Although additional pumping capacity is planned for peak purposes,
groundwater production will be utilized for peaking purposes whenever possible.
Temporary reductions or disruptions in surface water supply can be offset by increased
groundwater withdrawals. Careful monitoring and management of groundwater withdrawal
is necessary to avoid exceeding the yearly ten per cent (10 %) limit above.
Long -term reductions or disruptions in surface water supply would require special permission
from the Subsidence District to exceed allowable groundwater withdrawal. It is anticipated
that conservation measures would be required by the District to allow increased groundwater
withdrawal.
C. TRIGGER CONDITIONS
Production amounts are based on a seven (7) day average daily demand, and include the
permitted withdrawal of groundwater.
1. Mild Conditions:
a. Surface water demand approaching 6,933,000 gallons /day (80% of the pumping
capacity owned by the Authority at the Southeast Water Purification Plant plus
allowed groundwater withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that
the aggregate surface water demand of the Authority is 80% of the reduced
pumping capacity.
2. Moderate Conditions
a. Surface water demand approaching 7,799,000 gallons /day (90% of the pumping
capacity owned by the Authority at the Southeast Water Purification Plant plus
allowed groundwater withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point that the
aggregate demand of the Authority is 90% of the reduced pumping capacity.
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3. Severe Conditions
a. Surface water demand approaching 8,666,000 gallons /day (100% of the pumping
capacity owned by the Authority at the Southeast Water Purification Plant plus
allowed groundwater withdrawal).
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that
the aggregate surface water demand of the Authority is 100% of the reduced
pumping capacity.
4. Critical Conditions
a. Surface water demand exceeds 8,666,000 gallons /day.
Or,
b. Production at the Southeast Water Purification Plant reduced to a point such that
the aggregate surface water demand of the Authority exceeds the reduced
production, including complete failure of the plant to produce any water.
D. EMERGENCY MANAGEMENT PROGRAM
The following actions shall be taken by the City when Trigger conditions are reached:
1. Mild Conditions fStage_1) { Formatted: Highlight
a. Inform the public through the news media that a trigger condition has been
reached, and that they should look for ways to voluntarily reduce water use.
Specific steps which can be taken will be provided through the news media.
b. Notify major commercial water users of the situation and request voluntary water
use reductions.
c. Publicize a voluntary lawn watering schedule.
d. During winter months, request water users to insulate pipes rather than running
water to prevent freezing.
2. Moderate ConditionsCStae 2 { Formatted: Highlight
a. Continue implementation of all relevant actions in preceding phase.
b. Car washing, window washing, pavement washing prohibited except when a
bucket is used.
c. The following mandatory lawn watering schedule shall be implemented:
Customers with even numbered street addresses may water on pd , y, p - - { Formatted: Highlight
numbered days of the month. Customers with odd numbered street addresses
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attachement2 markup Drought Contingency Plan ` :. _ - : - ' - - • : • : • : - " A „,,, { Formatted: Highlight
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may water on numbered days of the week. Watering shall only occur { Formatted: Highlight 1
between the hours of 6 -10 a.m. and 8 -10 p.m.
d. The following public water uses, not essential for public health or safety, are
prohibited:
1. street washing
2. water hydrant flushing
3. filling pools
4. athletic field watering
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f.Notification shall be made to the Executive Director 4 _, et ' ,
± ,,on ' Formatted: Font Not Italic, Highlight
Envirotl Q,xty within 5 business days of the implementation of any
( Formatted: Highlight
mandatory provisions of the Drought Contingency Plan. - -- - —
( Formatted: Font: Not Italic, Highlight
3. Severe Conditions jSe 31 ( Formatted: Highlight
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a. Continue implementation of all relevant actions in preceding phase k" tlae
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50% surcharge for violation of Stage 2 prohibitions implemented itt Stage 2 ; ormatted: Font: Not Italic
b. All outdoor use is prohibited. Such use includes, but is not limited to the ( Formatted: Indent: Left: 0.75 ", First line: 0"
following: lawn watering, car washing, pavement washing; ( Formatted: Highlight
„,( Formatted: Font: Not Italic, Highlight
c. Implement a user surcharge for excessive water use, as follows: ,`',{ Formatted: Font: Not Italic
I 5/8 ". 3/4" mete r over 5,000 gallons /month 200% ( Formatted: Font: Not Italic
1 -1 1/2” meter over 10,000 gallons /month 200% ' Formatted: Highlight
2" and larger over 15,000 gallons /month 200% ` • ','F _Formatted:
Highlight
2" and larger over 20,000 gallons /month 300% { Formatted: Highlight I
4. Critical Conditions Otago 41 { Formatted: Highlight
a. Continue implementation of all relevant actions in preceding phase.
b. Petition the Harris- Galveston Coastal Subsidence District for appropriate
increase in allowable groundwater withdrawal.
c. Ration or terminate water service to selected portions of the system according to
the following order:
1. Industrial/Institutional Users
2. Commercial Users
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attachement2 mark up Drought Contingency Plan ` : - • . • . - - { Formatted: Highlight
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3. Residential Users
4. Public Health and Safety Facilities
d. Individual users may request a variance from water curtailment by appealing to
the City Manager. The City Manager's decision will be final.
5. Specific Targets for Water Use Reduction
a. Mild Condition Goal — To achieve a voluntary 10 percent reduction in daily
water use.
b. Moderate Condition Goal - To achieve a 15 percent reduction in daily water use.
c. Severe Condition Goal - To achieve a 25 percent reduction in daily water use.
d. Critical Condition Goal — To achieve a 30 percent reduction in daily water use.
E. INFORMATION/EDUCATION
As a component of the Information/Education section in the Water Conservation Plan, the
purpose and effect of the Drought Contingency Plan will be communicated to the public
through ,articles pr „no in the IL: ; ; r : • Cjty 9f i, Forte Formatted: Highlight )
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Throughout the period of a trigger condition, regular ptieles;- `tec will appear kjk Formatted: Highlight )
various media outlets to explain and educate the public on the purpose, cause, and methods of { Formatted: Highlight
conservation for that condition.
F. IMPLEMENTATION/ENFORCMENT
The plan shall be implemented by Ordinance of the City Council of the city of La Porte.
Included in the adoption instrument will be individual trigger conditions for the city. A copy
of the adoption vehicle is found in Appendix B.
It will be the responsibility of the City of La Porte Public Works Director to monitor, through
the utility department, the status of the water supply and distribution system. When a trigger
condition is reached, the Public Works Director will notify the public through its information
program, of the implementation of the Drought Contingency Plan.
The Public Works Director will continue to monitor the water emergency until it is
determined that the trigger condition no longer exists. When this takes place, the Public
Page 5 of 6
attachement2 mark up Drought Contingency Plan ` . - { Formatted: Highlight 1
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Works Director will notify the public of such, and the Drought Condition Abatement
procedures will be implemented.
G. UPDATE OF TRIGGER CONDITIONS
Once a year, the City will examine the production requirements and ability to maintain these
requirements to determine if trigger conditions need to be reestablished. Consideration
should be given to the city's usage in relation to the aggregate usage, and any anticipated
increase in production at the Southeast Water Purification Plant.
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IV
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R
ORDINANCE NO. 2011- Ot
AN ORDINANCE AMENDING THE WATER CONSER f0. AND DROUGHT
CONTINGENCY PLAN FOR THE CITY OF LA P RTE; MAK ■ VARIOUS FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; I DIN ' MPLIANCE WITH THE
OPEN MEETINS LAW; AND PROVIDING EFF E HEREOF.
WHEREAS, the City of La Porte, Texas, a ted a Water Conservation and
Drought Contingency Plan approv- • Ap ' 2 ,4009 by City Ordinance 2009 -3136,
and
WHEREAS, Council desires to ame d e current plan as shown on the attached
Exhibit A, and %
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
Section 1. The La Po - City Council hereby approves and adopts the July 11,
2011 Water Conservation and Drought Contingency Plan update in substantially
the form as sho in the document which is attached hereto as Exhibit A and
incorporated h rein by reference.
Section 2. The La Porte City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as required
by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which
this resolution 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 3. This Ordinance shall be effective from and after its passage and
approval and it is so ordered.
PASSED AND APPROVED this day of , 2011.
1
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby
Mayor
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark Askins
Assistant City Attorney
2
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE §288.20 Drought Contingency Plans for Municipal Uses by
Public Water Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable, must include
the following minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following
minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public
and affirmatively provide opportunity for public input. Such acts may include, but are
not limited to, having a public meeting at a time and location convenient to the public
and providing written notice to the public concerning the proposed plan and meeting.
(B) Provisions shall be made for a program of continuing public education and
information regarding the drought contingency plan.
(C) The drought contingency plan must document coordination with the regional
water planning groups for the service area of the retail public water supplier to ensure
consistency with the appropriate approved regional water plans.
(D) The drought contingency plan must include a description of the information to
be monitored by the water supplier, and specific criteria for the initiation and
termination of drought response stages, accompanied by an explanation of the
rationale or basis for such triggering criteria.
(E) The drought contingency plan must include drought or emergency response
stages providing for the implementation of measures in response to at least the
following situations:
(i) reduction in available water supply up to a repeat of the drought of record;
(ii) water production or distribution system limitations;
(iii) supply source contamination; or
(iv) system outage due to the failure or damage of major water system
components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for
water use reductions to be achieved during periods of water shortage and drought.
The entity preparing the plan shall establish the targets. The goals established by the
entity under this subparagraph are not enforceable.
(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
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