HomeMy WebLinkAboutOrdinance 23633-04-2019ORDINANCE N0.23633-04-2019
AN ORDINANCE AMENDING CHAPTER 35, "WATER AND SEWERS",
OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED
BY AMENDING ARTICLE I, "GENERAL", SUBSECTION (b) OF
SECTION 23 "EMERGENCY AUTHORITY" BY REPLACING EXHIBIT
A ATTACHED AND ADOPTING A REVISED DROUGHT
CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council finds that conservation of water and protection of water supplies
are in the best interest of its citizens; and
WHEREAS, the City is required to submit updated water conservation and drought contingency
and emergency water management plans to the Texas Commission on Environmental Quality
(TCEQ) and the Texas Water Development Board by May 1, 2019 in accordance with Title 30 of
the Texas Administrative Code, Chapter 288; and
WHEREAS, staff recommends that the City Council adopt the amended drought contingency
and emergency water management plan referenced in Section 35-23(b) of the City Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 35, "Water and
Sewers", Article I, "In General", is hereby further amended to replace the Drought
Contingency/Emergency Water Management Plan adopted in Section 23 "Emergency
Authority", Subsection (b) as Exhibit A with the revised Exhibit A attached to this ordinance
and incorporated herein for all purposes.
2019 Water Drought/Conservation Ordinance Ordinance No. 23633-04-2019
Adopted Page 1 of 7
SECTION 2.
CUMULATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrase, clause, sentence,
paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph
or section 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
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional please, clause, sentence, paragraph or section.
SECTION 4.
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
2019 Water DroughtlConservation Ordinance Ordinance No. 23633-04-2019
Adopted Page 2 of 7
SECTION 5.
RIGHTS AND REMEDIES
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the ordinances amended herein, which have accrued at the time of
the effective date of this ordinance and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
PUBLICATION
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas,
as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by
Section 52.013, Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
Senior Assistant City Attorney
ADOPTED:
EFFECTIVE
Mary J. Kayser
City Secretary
2019 Water Drought/Conservation Ordinance Ordinance No. 23633-04-2019
Adopted Page 3 of 7
FORT WORTH
04
WATER
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
PWS #2200012
V MIRIARLULM
for Retail and Wholesale Water Customers
nnay Zo�9
Adopted: Effective:
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TABLE OF CONTENTS
1. INTRODUCTION AND OBJECTIVES.......................................................2
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ..........2
3. WATER SYSTEM PROFILE......................................................................2
4. DROUGHT CONTINGENCY PLAN...........................................................4
4.1 Public Education and Involvement....................:..............wool ......4
4.2 Initiation and Termination of Drought Response Stages............ 5
4.3 Drought and Emergency Response Stages...... 0 off FWMFW**"AAMI affimmannown 6
Stage1.................................................................. 0 A
Stage2.................................................................. 10
Stage3................................................................... M 13
4.4 Procedures for Granting Variances to the Plan ........................16
4.5 Procedures for Enforcing Mandatory Water Use Restrictions ..17
4.6 Coordination with Regional Water Planning Group and TRWD17
4.7 Review and Update of Drought Contingency Plan ...................17
5. DEFINITIONS
1
1. INTRODUCTION AND OBJECTIVES
The purpose of this Drought Contingency and Emergency Water Management Plan
(subsequently referred to as the 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.
2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES
TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought
contingency plan 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."
TCEQ rules governing development of and minimum requirements for drought contingency
plans for municipal water suppliers and wholesale water suppliers are contained in Texas
Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule
288,22, respectively.
3. WATER SYSTEM PROFILE
The City purchases water from the Tarrant Regional Water District (TRWD). The supply
sources are:
• Lake Bridgeport (via the West Fork of the Trinity River),
• Eagle Mountain Lake (via the West Fork of the Trinity River),
• Lake Worth (via the West Fork of the Trinity River),
• Lake Benbrook (A pipeline connects Lake Benbrook to the Rolling Hills Water
Treatment Plant to supplement supply to that plant. A pump station on the Clear
Fork of the Trinity River also supplies the Holly Water Treatment Plant.),
• Cedar Creek Reservoir (via pipeline), located approximately 75 miles southeast
of Fort Worth, and
• Richland -Chambers Reservoir (via pipeline), located approximately 75 miles
southeast of Fort Worth.
2
System capacity with regards to the defined triggers in Section 4.4 is the total reliable
pumping capacity is found in Appendix A. Therefore, the system capacity baseline for
triggers is the reliable delivery capacity of 472 million gallons per day (MGD). See
Appendix A for more details of the yields of each of the treatment plants. This trigger
number will be evaluated each year to take into consideration improvements that may
have been added to the system.
Fart Worth has about 2585408 active retail service connections and 33 wholesale water
customers. Some of these customers have emergency contracts only and do not take from
the Fort Worth system on a regular basis.
Wholesale customers are:
• Aledo • Lake Worth
• Benbrook • North Richland Hills
• Bethesda WSC Northlake
• Burleson • Richland Hills
• Crowley • River Oaks
• DFW Airport • Roanoke
• Dalworthington Gardens • Saginaw
• Edgecliff Village • Sansom Park
• Everman • Southlake
• Forest Hill • Trophy Club MUD #1
• Grand Prairie • Trinity River Authority (TRA)
• Haltom City • Westlake
• Haslet • Westover Hills
• Hudson Oaks (future) Westworth Village
• Hurst • White Settlement
• Keller • Willow Park (future)
• Kennedale
In accordance with Section 2.3 of the wholesale water contract, wholesale customers are
required to institute and apply the same rationing, conservation measures or restrictions to the
use of water by their customers for so long as any part of their total water supply is being
furnished by Fort Worth.
Fort Worth maintains about 3,565 miles of distribution pipelines.
The water supply triggers defined in Section 4.4 were provided to Fort Worth by its water
supplier, Tarrant Regional Water District. TRWD selected its triggers after hiring an outside
consultant to evaluate where the triggers levels should be for the drought plan to achieve
meaningful water savings.
4. DROUGHT CONTINGENCY/EMERGENCY WATER MANAGEMENT PLAN
4.1 Public Education and Involvement
At any time that the Drought Contingency/Emergency Water Management Plan is activated or
the stage changes, customers will notify local media of the issues, the current response stage,
and the specific actions required of the public. The information will also be publicized on the
city's Web site. Bill inserts will also be used as appropriate.
Fort Worth will inform and educate the public about the Drought Contingency/Emergency
Water Management Plan by the following means:
■ Preparing fact sheets describing the plan and making these available online and at
various city sites, and at events where the water department may have a booth.
■ Posting a copy of the Plan on the city's Web site.
■ Notifying local organizations, schools, and civic groups that staff are available to make
presentations on the plan.
■ Promote awareness by means of electronic conununication to residents through text
messages, push notifications and/or any other online platforms available.
4I Initiation & Termination of Drought & Emergency Response Stages
The provisions of this Plan shall apply to all persons, customers, and property utilizing
potable water provided by the City of Fort Worth. The terms "person" and "customer" as
used in the Plan include individuals, corporations, partnerships, associations, and all other
legal entities. The Plan does not apply to locations using treated wastewater effluent,
private wells or possessing their own water rights in the Trinity River; however, any pond,
impoundment, body of water, or other water source that is supplemented, or has the ability
to supplement supply, with potable water shall adhere to the provisions of this plan.
The Plan may be applied to the entire city or geographic portions of the city as necessary. If
the Plan is applied only to a limited sector, the boundaries will be defined in terms of
roadways, creeks and other easily distinguishable features, such as city limits.
Initiation of a Drought/ Emergency Water Management Stage
The City Manager or his/her official designee may order the implementation of a drought
response or water emergency stage when one or more of the trigger conditions for that stage is
net. The following actions will occur when a stage is initiated.
■ The public will be notified through local media and the City of Fort Worth Web site, as
described in Section 4.2.
■ Fort Worth' wholesale customers and Tarrant Regional Water District will be notified
by telephone and with a follow-up letter, e-mail, or fax that provides details of the
reasons for initiation of the drought or water emergency stage.
■ The Fort Worth Water Department will notify the Executive Director of the TCEQ
within 5 business days when mandatory provisions of the Plan are activated.
Stages imposed by TRWD action must be initiated by the City of Fort Worth.
For other trigger conditions, the City Manager or his/her official designee may decide not to
order the implementation of a drought response or water emergency stage 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. The reason for this decision should be documented.
Termination of a Drought Stage
The City Manager or his/her official designee may order the termination of a drought response
or water emergency stage when the conditions for termination are met or at their discretion.
The following actions will be taken when a drought stage is terminated:
• The public will be notified through local media and the City of Fort Worth Web site as
described in Section 4.2.
5
• Wholesale customers and TRWD will be notified by telephone with a follow-up letter,
e-mail, or fax.
• If any mandatory provisions of the drought contingency/emergency water management
plan that have been activated are terminated, customers will notify the Executive
Director of the TCEQ within 5 business days.
The City Manager or his/her official designee may decide not to order the termination of a
drought response stage or water emergency even though the conditions for termination of the
stage are met. The City Manager or his designee may choose to implement a phased out
approach when exiting various stages to protect the integrity of the system. 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 drought stage. The reason for this decision should be documented.
4.3 Drought and Emergency Response Stages
Stage 1 —Water Watch
Triggering Conditions
• Water demand reaches or exceeds 90% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified portion
of the system.
• Fort Worth's water treatment or distribution system becomes contaminated.
• Fort Worth's water demand for all or part of the delivery system approaches delivery
capacity because delivery capacity is inadequate.
• Fort Worth's water supply system is unable to deliver water due to the failure or
damage of major water system components.
• TRWD initiated Stage 1 —Water Watch for one or more of the following reasons:
o Total raw water supply in TRWD western and eastern division reservoirs drops
below 75% (25%depleted) of conservation storage.
o Water, demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach the limit of TRWD's permitted supply.
o TRWD's supply source becomes contaminated.
o TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, fmds that conditions warrant the declaration of a Stage I drought.
Terminating Conditions for Stage 1
Stage 1 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or
above 85% for 90 consecutive days, whichever occurs first.
Goal for Use Reduction for Stage 1
The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances
warrant or if required by TRWD, the City Manager or his/her official designee can set a goal
for greater water use reduction.
Actions Available for Stage 1
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee must
implement any action(s) required by the Tarrant Regional Water District.
All Water Users
Initiate mandatory restrictions to prohibit non -essential water use as follows:
• Discourage hosing of paved areas, such as sidewalks, driveways, parking lots,
tennis courts, patios, or other impervious surfaces, except to alleviate an immediate
health or safety hazard. This may include premises with raw or processed food,
pharmaceutical or vaccine processing, storage or vending establishments including
restaurants and grocery stores may be washed to the extent necessary for sanitary
purposes. These areas may also include:
■ Trash and dumpster areas
■ Areas around fuel pumps
■ Store front cleaning of areas with accumulated bird droppings,
feathers and debris
■ Localized spot cleaning of parking areas to remove oil, grease
buildup that may pose a health and safety issue.
• Discourage hosing of buildings or other structures for purposes other than fire
protection or surface preparation prior to painting.
• Prohibit using water in such a manner as to allow runoff or other waste, including:
■ failure to repair a controllable leak, including a broken sprinkler
head, a leaking valve, leaking or broken pipes, or a leaking faucet;
■ operating a permanently installed irrigation system with: (a) a
broken head; (b) a head that is out of adjustment and the arc of the
spray head is over a street or parking lot; or (c) a head that is
misting because of high water pressure; or
■ during irrigation, allowing water to (a) to run off a property and
form a stream of water in a street for a distance of 50 feet or
greater; or (b) to pond in a street or parking lot to a depth greater
than one -quarter of an inch.
G
■ Allowing or causing an irrigation system or other lawn watering
device to operate during any form of precipitation or when
temperatures are at or below 32 degrees Fahrenheit.
• Prohibit outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6
p.m.
• Limit landscape watering with sprinklers or irrigation systems at each service address
to a twice per week schedule as outlined below. This includes landscape watering of
parks, golf courses, and sports fields. Wholesale customers may use a different
watering schedule than the one below as long as it limits each service address to a
twice per week schedule; however, use of the same schedule would simplify the
messages passed to customers through the news media.
o Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on
Wednesdays and Saturdays.
o Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on
Thursdays and Sundays.
o All non-residential locations (apartment complexes, businesses, industries,
parks, medians, etc.) may water on Tuesdays and Fridays.
Exceptions:
■ Lawns and landscaping maybe watered on any day, at any time, by
handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of
this measure is to allow for the protection of structural foundations, trees,
and other high value landscape materials).
■ Water use necessary for the repair of an irrigation system, plumbing line,
fountain, etc. in the presence of the person making the repair.
■ Outdoor watering at service addresses with large multi -station irrigation
systems may take place in accordance with a variance granted by the Water
Director, if the Water Director determines that a property cannot be
completely irrigated with an average of three-quarters of an inch of water
in a single day, and that the property should be divided into sections to be
irrigated on different days. If approved, no station will be watered more
than twice per week.
■ Establishing new turf is discouraged. If hydromulch, grass sod, or• grass
seed is installed for the purpose of establishing a new lawn, there are no
watering restrictions for the first 30 days while it is being established. After
that, the watering restrictions set forth in this stage apply. (This does not
include over seeding with rye, or seasonal grasses, since turf already
exists.)
■ Golf courses may water greens and tee boxes as necessary, however
watering must be done before 10 a.m. and after 6 p.m. Encouraged to
reduce water use by five percent.
■ Skinned areas of spoils fields may be watered as needed for dust control.
■ Watering of athletic fields (fields only, does not include surrounding
landscaped areas) used for organized sports practice, competition, or
exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events. Encouraged to
reduce water use by five percent.
■ Public areas that are open to the public at -large and have ahigh —impact
from frequent use may be allowed additional watering, with a variance
granted by the Water Director, if it is deemed to be beneficial to serve and
protect the community amenity. Examples may include but are not limited
to: outdoor amphitheaters demonstration gardens, public art exhibitions,
outdoor learning areas, arboretums, etc.
• All users are encouraged to use native and adapted drought tolerant plants in
landscaping.
• Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall
be limited to the use of a hand-held bucket or a hand-held hose equipped with a
positive -pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any
time on the premises of a commercial car wash or commercial service station.
Companies with an automated on -site vehicle washing facility may wash its vehicles at
any time. Further, such washing may be exempt from these requirements if the health,
safety, and welfare of the public are contingent upon frequent vehicle cleansing, such
as garbage trucks and vehicles used to transport food and perishables.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs
and Jacuzzi type pools except to maintain adequate water levels for structural integrity,
proper operation and maintenance, and/or to alleviate an issue that poses a public
safety risk.
City and Local Governments
In addition to the actions listed above:
• Review conditions and problems that caused Stage 1. Take corrective action.
• Increase public education efforts on ways to reduce water use.
• Review data received through MyH2O as a method of identifying potential water use
violations and wasteful water practices.
• Increase enforcement efforts.
• Intensify leak detection and repair efforts.
• Audit all city and local government irrigation systems to ensure proper condition,
settings, and operation.
• Identify and encourage voluntary reduction measures by high -volume water users
through water use audits.
• Reduce non -essential water use. As used herein, non -essential water uses are those that
do not have any health or safety impact and are not needed to meet the core function of
the agency.
• The Water Director or his/her designee will notify wholesale customers of actions
being taken and require them to implement the same stage and measures. Such action
is in accordance with Section 2.5 of the uniform wholesale water contract. Per the
contract, wholesale customers are required to institute and apply the same rationing,
conservation measures or restrictions to the use of water by their customers for so long
as any part of their total water supply is being furnished by Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions.
• Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an
"on demand" basis.
• Hotels are encouraged to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
• Car wash facilities must keep equipment in good working order, which should include
regular inspections to be sure there are no leaks, broken or misdirected nozzles, and
that all equipment is operating efficiently.
• All commercial and industrial customers are encouraged to audit irrigation systems
Stage 2 -Water Warning
Triggerinq Conditions for Stage 2
• Water demand reaches or exceeds 95% of reliable delivery capacity for three
consecutive days. The delivery capacity could be citywide or in a specified portion
of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system equals or exceeds delivery capacity
because delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major
water system components.
• TRWD initiated Stage 2 —Water Warning for one or more of the following reasons:
o Total raw water supply in TRWD western and eastern division reservoirs drops
below 60% (40% depleted) of conservation storage.
10
o Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach the limit of TRWD's permitted supply.
o TRWD's supply source becomes contaminated.
o TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 2 drought.
Terminating Conditions for Stage 2
Stage 2 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or
above 70% for 30 consecutive days.
Goal for Use Reduction for Stage 2
The goal for water use reduction under Stage 2 —Water Warning is to decrease use by 10
percent. If circumstances warrant or if required by TRWD, the City Manager or his/her official
designee can set a goal for greater water use reduction.
Actions Available for Stage 2
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee must
implement any action(s) required by the Tarrant Regional Water District.
• Continue actions under Stage 1.
• Initiate engineering studies to evaluate water supply alternatives should conditions
worsen.
All Water Users
• Limit landscape watering with sprinklers or irrigation systems to a once per week
schedule at each service address as determined by the Water Director. This includes
landscape watering at parks, golf courses, and sports fields. Wholesale customers may
use a different watering schedule than the one used for Fort Worth retail customers as
long as it limits each service address to once per week schedule; however, use of the
same schedule would simplify the messages passed to customers through the news
media.
Exceptions:
11
o Lawns and landscaping may be watered on any day, at any time, by handheld
hose, drip irrigation, a soaker hose or tree bubbler (The intent of this measure is
to allow for the protection of structural foundations, trees, and other high value
landscape materials).
o Outdoor watering at service addresses with large multi -station ingation
systems may take place in accordance with a variance granted by the director
of utilities, if the director determines that a property cannot be completely
irrigated with an average of three-quarters of an inch of water in a single day,
and that the property should be divided into sections to be irrigated on different
days. If approved, no station will be watered more than once per week.
o Golf courses may water greens and tee boxes as needed to keep them alive,
however watering must be done before 10 a.m. and after 6 p.m. Fairways are
restricted to once per week watering as outlined above. Golf course rough
cannot be watered.
o Watering of athletic fields (fields only, does not include surrounding
landscaped areas) used for organized sports practice, competition, or exhibition
events may occur as necessary to protect the health and safety of the players,
staff, or officials present for athletic events. Encouraged to reduce water use by
10%.
o All users are encouraged to wait until the current drought or emergency
situation has passed before establishing new landscaping and turf. Variances
granted for establishing new turfgrass or landscaping will be for a maximum of
30 days from the date of approval. After that, the watering restrictions set forth
in this stage apply. (This does not include over seeding with rye since turf
already exists.)
• Discourage the operation of ornamental fountains or ponds that use potable water
except where necessary to support aquatic life or where such fountains or ponds are
equipped with a recirculation system.
• Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs
and Jacuzzi type pools except to maintain adequate water levels for structural integrity,
proper operation and maintenance, and/or to alleviate an issue that poses a public
safety risk.
• Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools
when not in use.
City and Local Governments
• Review conditions or problems that caused Stage 2. Take corrective action.
• Review data received through MYI L as a method for identifying potential water use
violations and wasteful water practices.
• Increase frequency of media releases on water supply conditions.
12
• Further accelerate public education efforts on ways to reduce water use.
• Eliminate non -essential water use. As used herein, non -essential water uses are those
that do not have any health or safety impact and are not needed to meet the core
function of the agency.
• Prohibit wet street sweeping.
• The Water Director or his/her designee will notify wholesale customers of actions
being taken and require them to implement the same stage and measures. Such action
is in accordance with Section 2.5 of the uniform wholesale water contract. Per the
contract, wholesale customers are required to institute and apply the same rationing,
conservation measures or restrictions to the use of water by their customers for so long
as any part of their total water supply is being furnished by Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Use of water from fire hydrants for any purpose other than firefighting related
activities or other activities necessary to maintain public health, safety and welfare
requires a variance issued by the Water Director. Fire hydrant use may be limited to
only designated hydrants. Upon declaration of this drought stage, all holders or
applicants of a Water Fire Hydrant Meter Agreement are required to apply for a
variance as set forth in this plan. If conditions allow, as determined by the Water
Director, the use of water from hydrants may continue until the Water Director or
his/her designee issues a determination on the petition for variance. If conditions do
not allow, the Water Director may require all fire hydrant meters be immediately
returned from the field, pending determination of each petition for variance.
Stage 3 —Emergency Water Use
Triggerinq Conditions for Stage 3
• Water demand has reaches or exceeds 98% of reliable delivery capacity for one day.
The delivery capacity could be citywide or in a specified portion of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system exceeds delivery capacity because
delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or damage of major
water system components.
• TRWD has initiated Stage 3 —Emergency Water Use, which may also be initiated by
one or more of the following:
13
o Total raw water supply in TRWD western and eastern division reservoirs drops
below 45% (55% depleted) of conservation storage.
o Water demand for all or part of the TRWD delivery system exceeds delivery
capacity because delivery capacity is inadequate.
o Water demand is projected to approach or exceed the limit of TRWD's
permitted supply.
o TRWD's supply source becomes contaminated.
o TRWD's water supply system is unable to deliver water due to the failure or
damage of major water system components.
o The TRWD General Manager, with the concurrence of the TRWD Board of
Directors, finds that conditions warrant the declaration of a Stage 3 drought.
Terminating Conditions for Stage 3
Stage 3 will terminate when the total combined raw water supply in TRWD western and
eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or
above 55% for 30 consecutive days, whichever occurs first.
Goals for Use Reduction for Stage 3
The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by
20 percent. If circumstances warrant or if required by TRWD, the City Manager or his/her
official designee can set a goal for a greater water use reduction.
Actions Available for Stage 3
The City Manager or his/her official designee may order the implementation of any of the
actions listed below, as deemed necessary. The City Manager or his/her official designee must
implement any action(s) required by the Tarrant Regional Water District.
• Continue or initiate any actions available under Stages 1 and 2.
All Water Users
• Prohibit landscape watering, including at parks, golf courses, and sports fields.
Exceptions:
o Watering with hand-held hose, soaker hose or drip irrigation system may occur
any day and any time. (The intent of this measure is to allow for the protection
of structural foundations, trees, and other high value landscape materials).
o Golf course greens only may be watered by hand-held hose as needed to keep
them alive. Watering of athletic fields (fields only, does not include
surrounding landscaped areas) used for organized sports practice, competition,
or exhibition events may occur as necessary to protect the health and safety of
the players, staff, or officials present for athletic events may be allowed to
14
water by variance. A water management plan must be submitted to the Water
Director detailing how each area will comply with stage 3 drought measures.
• Prohibit establishment of new landscaping. Variances may be granted for those
landscape projects started prior to the initiation of stage 3 drought restrictions.
• Vehicle washing restricted to commercial car wash, commercial service station or a
private on -site vehicle washing facility and can only be done as necessary for health,
sanitation, or safety reasons, including but not limited to the washing of garbage trucks
and vehicles used to transport food and other perishables. All other vehicle washing is
prohibited.
• Prohibit the operation of ornamental fountains or ponds that use potable water except
where necessary to support aquatic life.
• Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi
type pools. Existing private and public pools may add water to maintain pool levels;
however they may not be refilled using automatic fill valves.
• Prohibit hosing of buildings or other structures for purposes other than fire protection
or surface preparation prior to painting with high-pressure equipment. Must be
performed by a professional power washing service utilizing high efficiency
equipment and a vacuum recovery system where possible.
City and Local Governments
In addition to actions listed above:
• Continue or initiate any actions available under Stages 1 and 2.
• Review conditions or problems that caused Stage 3. Take corrective action.
• Implement viable alternative water supply strategies.
• Review data received through MyH2O as a method for identifying potential water use
violations and wasteful water practices.
• Increase frequency of media releases explaining emergency situation.
• Reduce city and local government water use to maximum extent possible.
• Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental
ponds and fountain construction. Pools already permitted and under construction may
be completely filled with water.
• Institute a mandated reduction in deliveries to all wholesale customers. Such a
reduction will be distributed as required by Texas Water Code §110039.
• If TRWD has imposed a reduction in water available to customers, impose the same
percent reduction on wholesale customers.
• The Water Director will notify wholesale customers of actions being taken and require
them to implement the same stage and measures. Such action is in accordance with
Section 2.5 of the uniform wholesale water contract. Per the contract, wholesale
1
5
customers are required to institute and apply the same rationing, conservation
measures or restrictions to the use of water by their customers for so long as any part of
their total water supply is being furnished by Fort Worth.
Commercial or Industrial
• All actions listed above for all water users apply to commercial and industrial users.
• Hotels, restaurants, and bars required to serve drinking water to patrons on an "on
demand" basis.
• Hotels are required to implement laundry conservation measures by encouraging
patrons to reuse linens and towels.
• Stock at commercial plant nursery maybe watered only with ahand-held hose, hand-
held watering can, or drip irrigation system.
• Commercial and industrial water users required to reduce water use by a set percentage
determined by the Water Director.
• Use of water from hydrants for any purpose other than firefighting related activities or
other activities necessary to maintain public health, safety and welfare requires a
special permit issued by the Water Director. Fire hydrant use may be limited to only
designated hydrants.
4.4 Procedures for Granting Variances to the Plan
The Water Director or his/her official designee may grant temporary variances for existing
water uses otherwise prohibited under this drought contingency plan if one or more of the
following conditions are met:
• Failure to grant such a variance would cause an emergency condition adversely
affecting health, sanitation, or fire safety for the public or the person requesting the
variance,
• Compliance with this plan cannot be accomplished due to technical or other
limitations.
• Alternative methods that achieve the same level of reduction in water use can be
implemented.
Variances shall be granted or denied at the discretion of the Water Director or his/her official
designee. All petitions for variances should be in writing, using the forms provided, and must
include the following information:
• Name and address of the petitioner(s)
16
• Purpose of water use
• Specific provisions from which relief is requested
• Detailed statement of the adverse effect of the provision from which relief is requested
• Description of the relief requested
• Period of time for which the variance is sought
• Detailed schedule of gation that shows a reduction in use over the 30 day period for
new lawns and landscapes. Schedule should be designed so that at the end of the 30
day period, lawn and landscaped areas can adhere to the twice per week schedule
defined in Stage 1.
• Alternative measures that will be taken to reduce water use
• Other pertinent information.
4.5 Procedures for Enforcing Mandatory Water Use Measures
Mandatory water use restrictions maybe imposed in Stages 1, 2, and 3. These mandatory
water use restrictions will be enforced by warnings and penalties as follows:
• On the first violation, customers will be given a written warning that they have
violated the mandatory water use restriction.
• On the second and subsequent violations, citations may be issued to customers, with
minimum and maximum fines established by ordinance.
• After three violations have occurred, the utility may cut off water service to the
customer.
Appendix B contains a copy of the City of Fort Worth City ordinance adopting this Plan and
the enforcement actions and penalties.
4.6 Coordination with the Other Entities
Appendix C includes a copy of a letters sent to the chair of the Region C Water Planning
Group, General Manager of TRWD and the Executive Director or TCEQ upon adoption of
this Plan.
4.7 Review and Update of Drought Contingency Plan
As required by TCEQ rules, Fort Worth will review this drought contingency plan in 2024 and
at least every five years thereafter. Additionally, the plan will be updated as appropriate based
on new or updated information.
17
5.0 Drought Contingency Plan Definitions
Term
Definition
Aesthetic water use
Water use for ornamental or decorative features such as fountains, reflecting pools
and water gardens.
Alternative Water Source
Means water produced by a source other than a water treatment plan and in not
considered potable. These sources can include, but are not limited to:
reclaimed/recycled water, collected rain water, collected grey water, private well
water.
Athletic field
Means a sports playing field, the essential feature of which is turf grass, used primarily
for organized sports for schools, professional sports, or sanctioned league play.
Automatic Irrigation
Means a site specific system of delivering water generally for landscaping via a system
System
of pipes or other conduits installed below ground that automatically cycles water use
through water emitters to a preset program, whether on a designated timer or
through manual operation.
Aquatic Life
Means a vertebrate organism dependent upon an aquatic environment to sustain its
life.
Conservation
Those practices, techniques, and technologies that reduce water consumption; reduce
the loss or waste of water; improve the efficiency in water use; and increase the
recycling and reuse of water so that supply is conserved and made available for other
or future uses.
Customer
Any person, company, or organization using water supplied by TRWD or through an
entity supplied by TRWD.
Drip irrigation
An irrigation system (drip, porous pipe, etc.) that applies water at a predetermined
controlled low -flow levels directly to the roots of the plant
Drought Contingency Plan
Means a strategy or combination of strategies for temporary supply management and
demand management responses to temporary or potentially recurring water supply
shortages and other water supply emergencies.
E�:3
Fountain
An artificially created jet, stream or flow of water, a structure, often decorative, from
which a jet, stream or flow of water issues.
Golf Course
Means an irrigated and landscaped playing area made up of greens, tees, fairways,
roughs and related areas used for the playing of golf.
Hand-held hose
Means a hose physically held by one person, fitted with a manual or automatic
shutoff nozzle.
Hand Watering
Means the application of water for irrigation purposes through a hand-held watering
hose, watering can, or bucket.
Hose -end Sprinkler
Means a device through which water flows from a hose to a sprinkler to water any
lawn or landscape.
Hosing
Means to spray, water, or wash with a water hose.
Industrial water use
Means the use of water for or in connection with commercial or
industrial activities, including but not limited to, manufacturing, bottling, brewing,
food processing, scientific research and technology, recycling, production of concrete,
asphalt, and cement, commercial uses of water for tourism, entertainment, and hotel
or
motel lodging, generation of power other than hydroelectric and other business
activities.
Irrigation system
Means a system of fixed pipes and water emitters that apply water to landscape
plants or turfgrass, including, but not limited to,
in -ground and permanent irrigation systems.
Lake, lagoon or pond
Means an artificially created body of fresh or salt water.
19
Landscape irrigation use
Water used for the irrigation and maintenance of landscaped areas, whether publicly
or privately owned, including residential and commercial lawns, gardens, golf courses,
parks, right-of-ways, medians and entry ways.
"New landscape" means
a. Installed during construction of a new house, multi -family dwelling, or
commercial building;
b. Installed as part of a governmental entity's capital improvement project; or
c. Alters more than one-half the area of an existing landscape.
Non -essential water use
Water uses that are not required for the protection of public health, safety and
welfare, such as:
a. Irrigating landscape areas, including parks, athletic fields, and golf courses,
except as otherwise provided under this plan;
b. Washing any sidewalks, walkways, driveways, parking lots, tennis courts, or
other hard -surfaced areas; except to alleviate a public health and safety
issue;
c. Washing any automobile, motorbike, boat (and/or trailer), airplane, or other
vehicle except where required by law for safety and sanitary purposes.
d. Washing buildings or structures for purposes other than immediate fire
protection, or other uses provided under this plan;
e. Filling, refilling, or adding to any swimming pools or Jacuzzi -type pools,
except to maintain safe operating levels;
f. Filling or operation of a fountain or pond for aesthetic or scenic purposes
except when necessary to support aquatic life;
g. Failure to repair a controllable leak within a reasonable time period after
being directed to do so by formal notice; and
h. Drawing from hydrants for construction purposes or any other purpose other
than firefighting or protection of public drinking water supplies.
Park
Means a non-residential or multifamily tract of land, other than a golf course,
maintained by a city, private organization, or individual, as a place of beauty or public
recreation and available for use to the general public.
Power/Pressure washer
Means a machine that uses water or a water -based product applied at high pressure
to clean impervious surfaces.
Pressure washer
Means a machine that uses water or a water -based product applied at 1500 pounds
(High -Efficiency)
per square inch (PSI) or greater.
Reclaimed Water
Municipal wastewater effluent that is given additional treatment and distributed for
reuse in certain applications. Also referred to as recycled water.
20
Soaker hose
Means a flexible hose that is designed to slowly emit water across
the entire length and connect directly to a flexible hose or spigot. Does not include
hose that by design or use sends a fine spray in the air. It is not considered drip
irrigation.
Splash Pad/Spray Park
Means an area for water play that has no standing water. Typically, they utilize
various spray nozzles which spray water in multiple directions.
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.
Vegetable garden
Means any noncommercial vegetable garden planted primarily for household use;
"noncommercial" includes incidental direct selling of produce from such a vegetable
garden to the public.
Well Water
Means water that has been, or is, obtained from the ground by digging, boring, or
drilling to access an underground aquifer.
21
Appendix A
2019 TREATMENT PLANT CAPACITY
Reliable
Design
Treatment Plant
Capacity
Pumping
Capacity
(MGD)
(MGD)
Rolling Hills, est. 1972
200
190
North Holly, est. 1918
80
75
South Holly, est. 1952
100
95
Eagle Mountain, est. 1992
105
100
Westside, est. 2012
15
12
Total
500
472
22
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city of Fort worn, reXas
Mayor and Council Communication
DATE: Tuesday, April 9, 2019
LOG NAME: 60DROUGHT AND CONSERVATION PLAN
REFERENCE NO.: G-19522
SUBJECT:
Adopt Ordinance Amending Chapter 35, Water and Sewers, Article 1, Section 23, Subsection (b) to Adopt
a Revised Drought Contingency/Emergency Water Management Plan and Article VI, Section 151 and
Approve a Resolution Adopting a Revised Water Conservation Plan (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending the City Code Section 35-23(b) to adopt a revised Drought
Contingency/Emergency Water Management Plan; and
2. Approve the attached resolution adopting the amended Water Conservation Plan.
DISCUSSION:
The City is required to submit an updated Water Conservation Plan and Drought Contingency and
Emergency Water Management Plan to the Texas Commission on Environmental Quality (TCEQ) and the
Texas Water Development Board (TWDB) by May 1, 2019 in accordance with Title 30 of the Texas
Administrative Code, Chapter 288. TCEQ requires the Water Conservation Plan be adopted by a
resolution by the City Council.
Staff recommends that the City Council adopt the attached ordinance approving an amended Drought
Contingency and Emergency Water Management Plan referenced in Section 35-23(b) of the City Code.
The revised plan outlines water use restrictions that would be taken if water supply levels drop below a
predetermined level, demand exceeds supply, a major system component is damaged or contamination
occurs. This plan maintains three stages escalating in severity based on the situation. The plan stages
and required actions remain unchanged. Additional verbiage has been added to each stage to indicate
that data derived from the utility systems may be used to analyze use patterns and compliance.
The Water Conservation Plan, to be adopted by resolution, outlines the City's year-round strategies for
promoting efficient water use by all customers. The plan includes five-year and ten-year targets for water
savings, including goals for reducing water use as measured in gallons per capita per day. Securing of
future water supplies will require proving to state permitting agencies that existing water supplies are
being used efficiently.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that approval of this resolution will not have a material effect on City
Logname: 60DROUGHT AND CONSERVATION PLAN Page 1 of 2
funds
FUND IDENTIFIERS (FIDs�:
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CERTIFICATIONS:
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Jay Chapa (5804)
Chris Harder (5020)
Micah Reed (8211)
Logname: 60DROUGHT AND CONSERVATION PLAN
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