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Ordinance 2019-10ORDINANCE NO. 2019-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2014-16, CODIFIED AS DIVISION 2 (WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN) OF ARTICLE IV (WATER) OF. CHAPTER 114 (UTILITIES) OF THE WYLIE CODE OF ORDINANCES AND ADOPTING A NEW WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN TO PROMOTE THE RESPONSIBLE USE OF WATER; REQUIRING THE FILING OF THIS ORDINANCE AND PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted Ordinance No. 2014-16 of the City of Wylie, Texas ("Wylie"), codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, which established a Water Resource and Emergency Management Plan; and WHEREAS, Wylie recognizes that the amount of water available to its water customers is limited and further recognizes the importance of a long-term water supply for its water customers; and WHEREAS, Wylie recognizes that because of natural limitations, drought conditions, system failures and other acts of God which may occur, Wylie cannot guarantee an uninterrupted water supply for all purposes at all times; and WHEREAS, the Texas Water Code and the regulations of the Texas Commission on Environmental Quality ("TCEQ") require that Wylie adopt a Water Resource and Emergency Management Plan; and WHEREAS, Wylie has investigated and determined that it is an urgent need and in the best interest of the public to repeal the existing Water Resource and Emergency Management Plan and adopt the new Water Resource and Emergency Management Plan as set forth below; and WHEREAS, pursuant to Chapter 54, TEx. Loc. Gov'T CODE, Wylie is authorized to adopt such Ordinances as are necessary to preserve and conserveits water resources; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to repeal Ordinance No. 2014-16 in its entirety, to replace the existing Water Resource and Emergency Management Plan and to adopt the North Texas Municipal Water District ("NTMWD") Model Water Resource and Emergency Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 1 of 2691015 Management Plan, as modified for Wylie, as Wylie's official policy for the conservation of water; and WHEREAS, the City Council has investigated and determined that the adoption of the new Water Resource and Emergency Management Plan will be advantageous and beneficial to the citizens of Wylie and will protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Repeal of Ordinance No. 2014-16. Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emergency Management Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances, is hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the Effective Date of this Ordinance (hereinafter defined), at which time Ordinance No. 2014-16 shall be repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2014- 16 occurring before the effective date of this Ordinance. SECTION 3. Plan Adopted. The City Council hereby approves and adopts the Water Resource and Emergency Management Plan ("Plan"), attached hereto as Exhibit A and incorporated herein by reference for all purposes. Wylie commits to implement the requirements and procedures set forth in the adopted Plan. SECTION 4. Penalty. Any customer, as defined by 30 TEX. ADMIN. CODE Chapter 291, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding TWO THOUSAND AND 00/100 DOLLARS ($2,000.00) per day per occurrence and/or discontinuance of water service by Wylie. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the Plan is a separate violation. Wylie's authority to seek injunctive or other civil relief available under the law is not limited by this section. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5. Filing of Ordinance and Plan with the TCEQ. The City Manager or her designee is hereby directed to file one (1) copy of each of the Plan and this Ordinance with the TCEQ in accordance with 30 TEx. ADMIN. CODE Chapter, 288. SECTION 6. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 2 of 3 2691015 1 1 1 SECTION 7. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain ,in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 8. Effective Date. The Water Resource and Emergency Management Plan established by Ordinance No. 2014-16 shall continue to apply until such time as the water emergency response stage currently in effect under the Water Resource and Emergency Management Plan terminates and a less restrictive stage is applicable. At such time ("Effective Date"), this Ordinance shall become effective, the Plan shall take effect and the appropriate water resource management stage as provided in the Plan shall be initiated. However, in no event shall this Ordinance be effective before its publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 9 day of April 2019. ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Dates of Publice News Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Page 3of3 2691015 1 1 EXHIBIT A 2019 WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN CITY OF WYLIE APRIL 2019 Water Resource and Emergency Management Plan Wylie, Texas TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES 1-1 2. DEFINITIONS AND ABBREVIATIONS 2-1 3. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 3-1 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4-1 4.1 Provisions to Inform the Public and Opportunity for Public Input 4-1 4.2 Program for Continuing Public Education and Information 4-1 4.3 Criteria for Initiation and Termination of Water Resource and Emergency Management Stages And Targets For Water Use Reductions 4-1 4.3.1 Stage 1 4-3 4.3.2 Stage 2 4-6 4.3.3 Stage 3 4-10 4.4 Procedures for Granting Variances to the Plan 4-13 4.5 Procedures for Enforcing Mandatory Water Use Restrictions 4-14 4.6 Coordination with the Regional Water Planning Group and NTMWD 4-14 4.7 Review and Update of Water Resource and Emergency Management Plan 4-14 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Drought Contingency Plans • Texas Administrative Code Title 30, Chapter 288, Section 288.20 — Drought Contingency Plans for Municipal Uses by Public Water Suppliers Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan Water Resource and Emergency Management Plan Wylie, Texas 1. INTRODUCTION AND OBJECTIVES The measures included in this Water Resource and Emergency Management Plan (WREMP) are intended to provide short-term water savings during drought or emergency conditions. Water savings associated with ongoing, Tong -term strategies are discussed in the document entitled Water Conservation Plan, City of Wylie. The purpose of this WREMP is as follows: • To conserve the available water supply in times of drought, water supply shortage, 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 North Texas Municipal Water District (NTMWD) supplies treated potable water to its Member Cities and Customers. . This WREMP calls for the City of Wylie to adopt Water Resource Management Stages initiated by NTMWD during a drought or water supply emergency. 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. NTMWD considers a drought to end when all of NTMWD's supply reservoirs refill to conservation storage pool levels. 1 Superscripted numbers match references listed in Appendix A. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 1-1 Water Resource and Emergency Management Plan Wylie, Texas 2. DEFINITIONS AND ABBREVIATIONS 1. AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment to sustain its life. 2. 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 and league play sanctioned by the utility providing retail water supply. 3. COMMERCIAL FACILITY means business or industrial buildings and the associated landscaping, but does not include the fairways, greens, or tees of a golf course. 4. 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 inventory. 5. CUSTOMERS include those entities to whom NTMWD provides wholesale water that are not Member Cities of NTMWD. 6. DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by rule on which a person is permitted to irrigate outdoors**. 7. 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. 8. 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 (in this case reservoirs) to be depleted. 9. EVAPOTRANSPIRATION (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. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-1 Water Resource and Emergency Management Plan Wylie, Texas 10. EXECUTIVE DIRECTOR means the Executive Director of the NTMWD and includes a person the Executive Director has designated to administer or perform any task, duty, function, role, or action related to this Plan or on behalf of the Executive Director. 11. FOUNDATION WATERING means an application of water to the soils directly abutting (within 2 feet) the foundation of a building or structure . 12. INTERACTIVE WATER FEATURES means water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, inflatable pools, temporary splash toys or pools, slip-n-slides, or splash pads that are maintained for recreation. 13. IRRIGATION SYSTEM means a permanently installed, custom-made, site -specific system of delivering water generally for landscape irrigation via a system of pipes or other conduits installed below ground. 14. LANDSCAPE means any plant material on a property, including any tree, shrub, vine, herb, flower, succulent, ground cover, grass or turf species, that is growing or has been planted out of doors. 15. MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland, McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, and Wylie, Texas, which are members of NTMWD. 16. NEW LANDSCAPE means : (a) vegetation installed at the time of the construction of a residential or commercial facility; (b) installed as part of a governmental entity's capital improvement project; or (c) installed to stabilize an area disturbed by construction. 17. ORNAMENTAL FOUNTAIN means an artificially created structure (up to a certain diameter) from which a jet, stream, or flow of treated water emanates and is not typically utilized for the preservation of aquatic life. 18. RETAIL CUSTOMERS include those customers to whom the City of Wylie provides retail water from a water meter. 19. 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 rate. 20. SPRINKLER means an above -ground water distribution device that may be attached to a garden hose. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-2 Water Resource and Emergency Management Plan Wylie, Texas 21. SUPPLIER means a Member City or Customer that purchases wholesale water from NTMWD and provides water to retail and/or wholesale customers. 22. 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. 23. WATER RESOURCE 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. Abbreviations Abbreviation Full Nomenclature ED NTMWD Executive Director NTMWD or District North Texas Municipal Water District TCEQ Texas Commission on Environmental Quality TWDB Texas Water Development Board Model WREMP Model Water Resource and Emergency Management Plan for Member Cities and Customers Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 2-3 Water Resource and Emergency Management Plan Wylie, Texas 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, Chapter 288, Section 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) — Program 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) — Description of Information to be Monitored and Criteria for the 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 During Water Shortages — 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)(I) - 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 Water Supplier — Sections 1 and 4.3 • 288.20(b) —TCEQ Notification of Implementation of Mandatory Measures — Section 4.3 • 288.20(c) — Review and Update of WREMP — Section 4.7 Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 3-1 Water Resource and Emergency Management Plan Wylie, Texas 4. WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN 4.1 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR PUBLIC INPUT The City of Wylie will provide opportunity for public input in the development of this WREMP by the following means: • Providing written notice of the proposed WREMP and the opportunity to comment on the WREMP by newspaper, posted notice, and notice on the utility's web site. • Making the draft WREMP available on the City's web site. • Providing the draft WREMP to anyone that requests a copy. 4.2 PROGRAM FOR CONTINUING PUBLIC EDUCATION AND INFORMATION The City of Wylie will inform and educate the public about the Water Resource and Emergency Management Plan by the following means: • Preparing a bulletin describing the plan and making it available at City Hall and other appropriate locations. • Making the plan available to the public through the City's web site. • Including information about the Water Resource and Emergency Management Plan on the City's web site. • At any time that the Water Resource and Emergency Management Plan is activated or changes, the City of Wylie will notify local media of the issues, the Water Resource Management Stage (if applicable), and the specific actions required of the public as needed. The information will also be publicized on the City's web site. Billing inserts will also be used as appropriate. 4.3 CRITERIA FOR INITIATION AND TERMINATION OF WATER RESOURCE AND EMERGENCY MANAGEMENT STAGES AND TARGETS FOR WATER USE REDUCTIONS Initiation of a Water Resource Management Stage The City Manager, Mayor, or official designee may order the implementation of a Water Resource Management Stage when one or more of the trigger conditions for that stage is met. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-1 Water Resource and Emergency Management Plan Wylie, Texas • Water Resource and Emergency Management Plan stages imposed by NTMWD action must be initiated by Member Cities and Customers. • For other trigger conditions internal to a city or water supply entity, the City Manager, Mayor, or official designee 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. The reason for this decision should be documented. The following actions will be taken when a water resource management stage is initiated: • The public will be notified through local media and the City's web site as described in Section 4.2. • Wholesale customers (if any) and NTMWD will be notified by e-mail with a follow-up letter that provides details of the reasons for initiation of the Water Resource Management Stage. • If any mandatory provisions of the Water Resource and Emergency Management Plan are activated, the City of Wylie will notify the TCEQ Executive Director and the NTMWD Executive Director within 5 business days. Termination of a Water Resource Management Stage WREMP stages initiated by NTMWD may be terminated after NTMWD has terminated the stage. For WREMP stages initiated by the City, the City Manager, Mayor, or official designee may order the termination of a Water Resource Management Stage when the conditions for termination are met or at their discretion. The following actions will be taken when a Water Resource Management Stage is terminated: • The public will be notified through local media and the City's web site (if available) as described in Section 4.2. • Wholesale customers (if any) and NTMWD will be notified by e-mail with a follow-up letter. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-2 Water Resource and Emergency Management Plan Wylie, Texas • If any mandatory provisions of the Water Resource and Emergency Management Plan that have been activated are terminated, the City of Wylie will notify the TCEQ Executive Director and the NTMWD Executive Director within 5 business days. The City Manager, Mayor, or official designee 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. The reason for this decision should be documented. Water Resource and Emergency Management Plan Stages and Corresponding Measures 4.3.1 Stage 1 Initiation and Termination Conditions for Stage 1 NTMWD has initiated Stage 1, which may be initiated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 1. • Water demand is projected to approach the limit of NTMWD's permitted supply. • The storage level in Lavon Lake as published by the Texas Water Development Board (TWDB),3 is less than 70 percent of the total conservation pool capacity during any of the months of April through October or less than 60 percent of the total conservation pool capacity during any of the months of November through March. • The Sabine River Authority (SRA) has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 1 drought. • NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork -Water Reuse Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in availability within the next six (6) months. • Water demand exceeds 95 percent of the amount that can be delivered by NTMWD to Customers for three (3) consecutive days. • Water demand for all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-3 Water Resource and Emergency Management Plan Wylie, Texas • Supply source is interrupted or unavailable- due to contamination, invasive species, equipment failure, or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the NTMWD system impacted. City of Wylie has initiated Stage 1 due to one or more of the following reasons: • 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. • Supply source becomes contaminated. • The City's water system is unable to deliver water due to the failure or damage of major water system components. • The City's individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 1, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 1. • The storage level in Lavon Lake, as published by the TWDB,3 is greater than 75 percent of the total conservation pool capacity during any of the months of April through October or greater than 65 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused NTMWD initiation of Stage 1 no longer prevail. The circumstances that caused the City's 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 two percent (2%) reduction in the amount of water produced by NTMWD from the previous corresponding annual payment period prior to institution of Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-4 Water Resource and Emergency Management Plan Wylie, Texas drought restrictions. If circumstances warrant, or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction under Stage 1. The City Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary, to achieve a two -percent reduction. Measures described as "requires notification to TCEQ" are those that impose mandatory requirements on customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue actions established by the Water Conservation Plan. • Notify any wholesale customers of actions being taken and request that they implement similar procedures. • Initiate engineering studies to evaluate alternative water sources and/or alternative delivery mechanisms 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 the public to wait until the current drought or emergency situation has passed before establishing New Landscape. • Encourage all users to reduce the frequency of draining and refilling swimming pools. Requires Notification to TCEQ — Increase enforcement of the following landscape watering restrictions established by the Water Conservation Plan: (1) limit landscape watering with sprinklers or irrigation systems at each service address to no more than two (2) days per week, on designated days, between April 1 and October 31; and (2) limit landscape watering with sprinklers or irrigation systems at each service address to once every week, on designated days, between November 1 and March 31. The watering days shall be on the customer's trash day and three days thereafter per the following chart unless otherwise set by the City of Wylie. Trash Day Watering Days Monday Monday and Thursday Tuesday Tuesday and Friday Wednesday Wednesday and Saturday Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-5 Water Resource and Emergency Management Plan Wylie, Texas Thursday Thursday and Sunday Friday Friday and Monday Exceptions are as follows: o An exception is allowed for New Landscape associated with new construction that may be watered as necessary for 30 days from the date of installation of new landscape features. o An exception for additional watering of landscape may be provided by hand-held hose with shutoff nozzle, and/or use of dedicated irrigation drip zones provided no runoff occurs. o Foundation (within 2 feet), New Landscape Watering, watering of new plantings (first year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur by a hand-held hose, a soaker hose, or a dedicated zone using a Drip Irrigation system provided no runoff occurs. 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 all other restrictions applicable to this stage. If the alternative supply source is a well, proper proof of well registration with the North Texas Groundwater Conservation District or Red River Ground Water Conservation District is required. Other sources of water supply may not include imported treated water. • Requires Notification to TCEQ— Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ — Parks, golf courses and Athletic Fields using potable water for landscape watering are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes that may be hand -watered as needed. 4.3.2 Stage 2 Initiation and Termination Conditions for Stage 2 NTMWD has initiated Stage 2, which may be initiated due to one or more of the following: Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-6 Water Resource and Emergency Management Plan Wylie, Texas • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 2. • Water demand is projected to approach the limit of NTMWD's permitted supply. • The storage level in Lavon Lake, as published by the TWDB,3 is less than 55 percent of the total conservation pool capacity during any of the months of April through October or less than 45 percent of the total conservation pool capacity during any of the months of November through March. • SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 2 drought. • NTMWD has concern that Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project, the Main Stem Pump Station, or some other NTMWD water source may be limited in availability within the next three (3) months. • Water demand exceeds 98 percent of the amount that can be delivered to Customers for three (3) consecutive days. • Water demand for all or part of the delivery system equals delivery capacity, because delivery capacity is inadequate. • Supply source is interrupted or unavailable due to contamination, invasive species, equipment failure, or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the system impacted. City of Wylie has initiated Stage 2 due to one or more of the following reasons: • 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. • Supply source becomes contaminated. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-7 Water Resource and Emergency Management Plan Wylie, Texas • Supply source is interrupted or unavailable due to invasive species. • The City's water supply system is unable to deliver water due to the failure or damage of major water system components. • The City's individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 2, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 2. • The storage level in Lavon Lake, as published by the TWDB,3 is greater than 70 percent of the total conservation pool capacity during any of the months of April through October or greater than 60 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused the NTMWD's initiation of Stage 2 no longer prevail. The circumstances that caused the City's 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 from NTMWD from the previous corresponding annual payment period prior to the institution of drought restrictions. If circumstances warrant, or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. The City Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary to achieve a ten percent reduction. Measures described as "requires notification to TCEQ" are those that impose mandatory requirements on customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue or initiate any actions available under the Water Conservation Plan and Stage 1. • Notify any wholesale customers of actions being taken and request that they implement similar procedures. • Implement viable alternative water supply strategies. • Encourage all users to reduce the frequency of draining and refilling swimming pools. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-8 Water Resource and Emergency Management Plan Wylie, Texas • 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 and 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 and March 31. Exceptions are as follows: o New Landscape may be watered as necessary for 30 days from the date of the installation of new landscape features. o Foundation Watering (within 2 feet), New Landscape Watering, watering of new plantings (first year) of shrubs, and watering of trees (within a ten foot radius of its trunk) may occur for up to two hours on any day by a hand-held hose, a dedicated zone using a Drip Irrigation system and/or Soaker Hose, provided no runoff occurs. o Athletic Fields may be watered twice per week. o Locations using alternative sources of water supply only for irrigation may irrigate without day -of -the -week restrictions, provided proper signage is employed to notify the public of alternative water source(s) being used. However, irrigation using alternative sources of supply is subject all other restrictions applicable to this stage. If the alternative supply source is a well, proper proof of well registration with the North Texas Groundwater Conservation District or Red River Groundwater Conservation District is required. Alternative sources of water supply may not include imported treated water. o An exemption is allowed for Drip Irrigation systems from the designated outdoor water use day limited to no more than one day per week. Drip Irrigation systems are however subject to all other restrictions applicable under this stage. o Hand watering with shutoff nozzle, drip lines, and Soaker Hoses are allowed before 10 am and after 6 pm, provided no runoff occurs. • Requires Notification toTCEQ— Prohibit hydro seeding, hydro mulching, and sprigging. • Requires Notification to TCEQ — Initiate a rate surcharge as requested by NTMWD. • Requires Notification to TCEQ— Initiate a rate surcharge for all water use over a certain level. • Requires Notification to TCEQ — If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on any wholesale customers. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-9 Water Resource and Emergency Management Plan Wylie, Texas • Requires Notification to TCEQ — Parks and golf courses using potable water for landscape watering are required to meet the same reduction goals and measures outlined in this stage. Exception for golf course greens and tee boxes which may be hand watered as needed. 4.3.3 Stage 3 Initiation and Termination Conditions for Stage 3 NTMWD has initiated Stage 3, which may be initiated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the declaration of Stage 3. • Water demand is projected to approach or exceed the limit of the permitted supply. • The storage level in Lavon Lake, as published by the TWDB,3 is less than 30 percent of the total conservation pool capacity during any of the months of April through October or less than 20 percent of the total conservation pool capacity during any of the months of November through March. • SRA has indicated that its Upper Basin water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 3 drought. • The water supply from Lake Texoma, Jim Chapman Lake, the East Fork Water Reuse Project, Main Stem Pump Station, or some other NTMWD water source has become limited in availability. • Water demand exceeds the amount that can be delivered to Customers. • Water demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Supply source is interrupted or unavailable due to contamination, invasive species, equipment failure or other cause. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Part of the system has a shortage in supply or damage to equipment. NTMWD may implement measures for only that portion of the system impacted. City of Wylie has initiated Stage 3 due to one or more of the following reasons: • The City's water demand exceeds the amount that can be delivered to customers. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-10 Water Resource and Emergency Management Plan Wylie, Texas • The City's water demand for all or part of the delivery system seriously exceeds delivery capacity because the delivery capacity is inadequate. • Supply source becomes contaminated. • The City's water supply system is unable to deliver water due to the failure or damage of major water system components. • The City's individual plan may be implemented if other criteria dictate. NTMWD has terminated Stage 3, which may be terminated due to one or more of the following: • The Executive Director, with the concurrence of the NTMWD Board of Directors, finds that conditions warrant the termination of Stage 3. • The storage level in Lavon Lake, as published by the TWDB,3 in Lavon Lake is greater than 55 percent of the total conservation pool capacity during any of the months of April through October or greater than 45 percent of the total conservation pool capacity during any of the months of November through March. • Other circumstances that caused the NTMWD's initiation of Stage 3 no longer prevail. When other circumstances that caused the City's 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 designated by NTMWD in the amount of water obtained from NTMWD from the corresponding previous annual payment period prior to institution of drought restrictions. If circumstances warrant or if required by NTMWD, the City Manager, Mayor, or official designee can set a goal for greater or lesser water use reduction. The City Manager, Mayor, or official designee may order the implementation of any or all of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" are those that impose mandatory requirements on Member Cities and Customers. The City must notify TCEQ and NTMWD within five (5) business days if such mandatory measures are implemented. • Continue or initiate any actions available under the Water Conservation Plan and Stages 1 and 2. • Notify any wholesale customers of actions being taken and request them to implement similar procedures. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-11 Water Resource and Emergency Management Plan Wylie, Texas • Implement viable alternative water supply strategies. • Requires Notification to TCEQ— Initiate mandatory water use restrictions as follows: o Hosing and washing of paved areas, buildings, structures, windows or other surfaces is prohibited 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 except where supporting aquatic life or water quality. • Requires Notification to TCEQ — Prohibit new sod, hydro -seeding, hydro -mulching, and sprigging. • Requires Notification to TCEQ — Prohibit the use of potable water for the irrigation of New Landscape. • Requires Notification to TCEQ — Prohibit all commercial and residential landscape watering, except that Foundation Watering (within 2 feet) and watering of trees (within a ten foot radius of its trunk) may occur for two hours one day per week with a hand-held hose or with a dedicated zone using a Drip Irrigation system and/or Soaker Hose, provided no runoff occurs. Drip Irrigation systems are not exempt from this requirement. • Requires Notification to TCEQ — Prohibit washing of vehicles except at a Commercial Vehicle Wash Facility. • Requires Notification to TCEQ— Landscape watering of parks, golf courses, and Athletic Fields with potable water is prohibited. Exception for golf course greens and tee boxes that may be hand watered as needed. Variances may be granted by the water provider under special circumstances. • Requires Notification to TCEQ — Prohibit the filling, draining, and/or 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. Permitting of new swimming pools, wading pools, Jacuzzi, and hot tubs is prohibited. • Requires Notification to TCEQ — Prohibit the operation of interactive water features such as water sprays, dancing water jets, waterfalls, dumping buckets, shooting water cannons, inflatable pools, temporary splash toys or pools, slip-n-slides or splash pads that are maintained for recreation. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-12 Water Resource and Emergency Management Plan Wylie, Texas • Requires Notification to TCEQ — Require all commercial water users to reduce water use by a percentage established by the City Manager, Mayor, or official designee. • Requires Notification to TCEQ — If NTMWD has imposed a reduction in water available to Member Cities and Customers, impose the same percent reduction on any wholesale customers. • Requires Notification to TCEQ — Initiate a rate surcharge over normal rates for all water use or for water use over a certain level. 4.4 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN The City Manager, Mayor, or official designee may grant temporary variances for existing water uses otherwise prohibited under this Water Resource and Emergency Management 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 or entity 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 City Manager, Mayor, or official designee. All petitions for variances should be in writing and should include the following information: • Name and address of the petitioners. • Contact email address and/or telephone number. • 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. • Alternative measures that will be taken to reduce water use and the level of water use reduction. • Other pertinent information. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-13 Water Resource and Emergency Management Plan Wylie, Texas 4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 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 fines established by ordinance. • On the third violation, a flow restrictor may be installed in the line to limit the amount of water that passes through the meter. • After the third violation, water service to the customer may be cut off. 4.6 COORDINATION WITH THE REGIONAL WATER PLANNING GROUP AND NTMWD Letters will be sent to the Chairs of the Region C Water Planning Group and the Chairs of the North East Texas Water Planning Group in conjunction with this Water Resource and Emergency Management Plan. The City will send the final ordinance to NTMWD. 4.7 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN As required by TCEQ rules, the City of Wylie must review our Water Resource and Emergency Management plan every five years. The plan will be updated as appropriate based on new or updated information, such as the revision of the regional water plans. Exhibit A of Ordinance No. 2019-10 Adopting Water Resource and Emergency Management Plan 4-14 Water Resource and Emergency Management Plan Wylie, Texas APPENDIX A LIST OF REFERENCES 1 1 Water Resource and Emergency Management Plan Wylie, Texas 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://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac view=5&ti=30&pt=1&ch=288&sc h=B&rI=Y, July 2018. 2. Freese and Nichols, Inc.: 2019 Model Water Resource Management Plan for NTMWD Members Cities and Customers, prepared for the North Texas Municipal Water District, Fort Worth, February 2019. 3. Texas Water Development Board, Water Data for Texas, Lavon Lake, https://waterdatafortexas.org/reservoirs/individual/lavon. 4. Definitions from City of Austin Water Conservation and Drought Contingency Ordinance adopted August 16, 2012. 5. Definition from City of San Antonio Water Conservation Ordinance adopted 2005. http://saws.org/conservation/ordinance/docs/Ch34 Ordinance 2009.pdf. 6. Definition developed by Freese and Nichols, Inc. 7. Amy Vickers: Handbook of Water Use and Conservation, Amherst Massachusetts, June 2002. 8. 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. 1 Water Resource and Emergency Management Plan Wylie, Texas APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS 1 1 1 1 1 1 TITLE 30 PART 1 CHAPTER 288 SUBCHAPTER B RULE §288.20 Water Resource and Emergency Management Plan Wylie, Texas APPENDIX B TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ON DROUGHT CONTINGENCY PLANS ENVIRONMENTAL QUALITY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY WATER CONSERVATION PLANS, DROUGHT CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS DROUGHT CONTINGENCY PLANS 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 B-1 Water Resource and Emergency Management Plan Wylie, Texas 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 B-2 1 1 Water Resource and Emergency Management Plan Wylie, Texas 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 B-3 tEhe Jarmerxnilte ime5 • Murphy Monitor • The Princeton Herald • 7dcSachse News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance No. 2019-09 & Ordinance No. 2019-10 was published in said newspaper on the following date(s), to -wit: April 17, 2019. Chad Engbrock, Publisher Subscribed and sworn before me on this, the jq&t day of to certify which witness my hand and seal of office. 1.;OVc,/: SONIA A. DUGGAN °. `=r Notary Public, State of Texas N'Q Comm. Expires 08-18-2020 °; i.k\`‘Notary ID 130783749 kfd , 2019 Notary Public i rVYfor The State of Texas /Q My commission expires g• Murphy/SachseAWvlie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-412-5515 • fax 972-442-4318 Fannersville,Princeton Office • 101 S. Main • P.O. Box 512 • Farmcrsville, TX 754'42 • 972-784-6397 • fax 972-782-7023 City of Wylie-1 Ordinance ,, No. 2019-09 An ordinance of the city of Wylie; Texas, repealing Ordinance No. 2014-15, codified as Division 3 (Wa- ter Conservation and Drought Contingency. and Water Emergency Response . Plan) of Article IV (Water). of Chapter 114 (Utilities) of the Wylie code of or- dinances and adopting a new .Water Conser- vationPlan to promote the responsible . use of water; requiring the fil- ing :of this ordinance and plan with the Tex- ; as Commission on En- vironmental Quality; j providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the : F caption hereof. a Ordinance No. 2019-10 An ordinance of the city off Wylie, Texas, repealing Ordinance No. 2014-16, codified as Division 2 (Water Resource and Emer- gency Management Plan) of Article IV.;, (Water) of Chapter ,114 . (Utilities) of the Wylie"' code of ordinances and adopting a new Water Resource and Eerier- ® gency Management Plan to promote the responsible use of wa- ter; requiring the filing of this ordinance and plan with the Texas Commission on En- vironmental Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective- date and for the publication of the • I caption hereof. 50-1 t-751i