Loading...
BAWA Resolution No. 2024-20 RESOLUTION NO. 2024-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY ADOPTING THE BAYTOWN AREA WATER AUTHORITY'S DROUGHT CONTINGENCY PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That the Board of Directors of the Baytown Area Water Authority hereby adopts the Baytown Area Water Authority's Drought Contingency Plan. The plan is marked as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 19"' day of June, 2024. 1-01 �`- /4BENDA SMITH, President EST: _NYTO�;�� �G� e p 2= o = ANGELA ACKSOhr;Xssistartf, ecta°syCo _Q r X _ APPROVED A T FORM: SCOTT LE O D, General Counsel V.Scott'+Drought Contingency Plan.doc EXHIBIT "A" �e 'A BAYTOWN AREA WATERAUTHORITY PUBLIC WORKS& ENGINEERING DEPARTMENT 7425 Thompson Road Baytown,Texas 77521 (281)420-5310 DROUGHT CONTINGENCY PLAN Section I: Declaration of Policy, Purpose, and Intent In cases of extreme drought, periods of abnormally high usage, system contamination, or extended reduction in the ability to supply water due to equipment failure,temporary restrictions may be instituted to limit non-essential water usage. The purpose of the Baytown Area Water Authority Drought Contingency Plan is to encourage customer conservation in order to maintain supply, storage, system pressure or to comply with the requirements of a court, government agency or other authority. Section II: Public Involvement Opportunity for the public to provide input into the preparation of the plan was provided by Baytown Area Water Authority by means of scheduling and providing public notice of a public meeting to accept input on the plan. If a DCP is revised and adopted in between 5-year submittal deadlines,the updated DCP will be submitted to the TCEQ within 90 days of adoption. The Board Meeting will take place at the: Baytown Area Water Authority Board Meeting June 19th,2024 Section III: Wholesale Water Customer Education Baytown Area Water Authority will periodically provide customers with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. Drought Contingency Plan information will be provided by: 'I, Public meeting '�B Mail 4� News Media BAWA Management:Drought Contingency Plan REV:4 19 24 Section IV: Coordination with Regional Water Planning Groups The service area of Baytown Area Water Authority is located within the Region H Regional Water Planning Group and Baytown Area Water Authority has provided a copy of this plan by email mail to the Region H Regional Water Planning Group. Section V: Authorization The General Manager of BAWA or his/her designee shall determine if whether conditions warrant implementation and:'or termination of the plan and provide recommends accordingly. Changes in water supply conditions due to unanticipated higher water usage, weather, or other developments may necessitate changes in the implementation of different stages. Termination of any stage may occur when all of the conditions listed as implementation criteria for that stage have ceased to exist for a period of time as determined by the General Manager of BAWA or his'her designee. The utility must notify TCEQ by telephone at(512) 239-4691, or electronic mail at wcp(i&cep.texas.,-ov, prior to implementing the program. The utility must also notify in writing, the Texas Commission on Environmental Quality, Resource Protection Team, MC - 160, P.O. Box 13087, Austin, Texas 787 1 1-3087 within five (5) working days of implementation including a copy of the utility's restriction notice. In addition,a status report of its restriction program must be filed with TCEQ every 30 days that restriction continues. Section VI: Application The provisions of this plan shall apply to all persons, customers, and property utilizing water provided by Baytown Area Water Authority. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships,associations,and all other legal entities. Section VII: Criteria for Initiation and Termination of Drought Response Stages The General Manager of Baytown Area Water Authority or his.her designee, shall monitor water supply and/or demand conditions on a regular basis and shall determine when conditions warrant initiation or termination of each stage of the plan. Public notification of the initiation or tennination of drought response stages shall be by media publication, direct mail to each customer, or other methods reasonably calculated to notify the public of the plan. The triggering criteria described below is based on Baytown Area Water Authority's anticipated ability to provide water to its customers from historical experience of drought conditions operations. A. Stage 1 Triggers - MILD Drought Conditions If there is an extreme reduction in water production or other absolute necessity to declare an emergency,the utility will initially declare Stage I restrictions. If, after a reasonable period of time, demand is not reduced enough to alleviate or reduce the risk of outages, comply with restrictions required by a court, government agency or other authority, Stage II may be implemented with Stage III to follow if necessary. BAWA Management:Drought Contingency Plan REV:4/19/24 Requirements for initiation-Baytown Area Water Authority will recognize that a mild water shortage condition exists when: • Temporary interruption in the flow of the Coastal Industrial Water Authority Canal. • Any unforeseen conditions that may occur that cause the Superintendent of BAWA to notify the Director of Public Works/Utilities of this abnormal condition. Requirements for termination-Stage 1 Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period up to three(3)consecutive days. Upon initiation and termination of Stage 1, Baytown Area Water Authority will inform customers by telephone and written notice. In addition,TCEQ will be given notice as required. B. Stage 2 Triggers-MODERATE Drought Conditions Requirements for initiation-Baytown Area Water Authority will recognize that a moderate water shortage condition exists when any two of the following triggers occur: • Short-term interruption in the flow of the Coastal Water Authority Canal, that may affect supply of raw water. • Average treatment plant flow is required in excess of 85°o of the plant's capacity for three(3)consecutive days. • Continually falling ground and elevated storage tank levels that do not refill before reaching a critical level. • Major line breaks that require an extended repair time. • Pump system failure that causes unprecedented loss of capability to provide service. • Any unforeseen condition that may occur that causes the Director of Public Works/Utilities to recommend implementation of voluntary water rationing to the Baytown Area Water Authority General Manager or the designee. Requirements for termination-Stage 2 Plan may end when the conditions that triggered the event have ceased to exist for a period up to three(3)consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Upon initiation and termination of Stage 2, Baytown Area Water Authority will inform customers by telephone and written notice. In addition,TCEQ will be given notice as required. C. Stage 3 Triggers-SEVERE Drought Conditions Requirements for initiation-Baytown Area Water Authority will recognize that a severe water shortage condition exists when any three of the following triggers occur: • Extended interruption in the flow of the Coastal Water Authority Canal. • Average treatment plant flow at BAWA in excess of 850 o of the plant's capacity for five (5)consecutive days. • Continually falling ground and elevated storage tank levels that do not fully recover overnight. • Major line breaks that severely interrupt the supply of water to the distribution system. • Pump system failure that causes unprecedented loss of capability to provide service. BAWA Management:Drought Contingency Plan RFV:4/19/24 • Any unforeseen condition that may occur that causes the Director of Public Works/Utilities to recommend the implementation of mandatory rationing to the General Manager of BAWA. Requirements for termination-Stage 3 Plan may end when the conditions that triggered the event have ceased to exist for a period up to three(3)consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. Upon initiation and termination of Stage 3, Baytown Area Water Authority will inform customers by telephone and written notice. In addition,TCEQ will be given notice as required. D. Stage 4 Triggers—CRITICAL Drought Conditions In the event of a Stage 4 Emergency Water Shortage Condition,fire, flood, hurricane, lightning strike, tornado, windstorm, act of God,riot, terroristic act, any act of civil disobedience, or any other similar occurrence which results in the inability of Baytown Area Water Authority to provide potable water to customers(or the likelihood thereof), or in the event Baytown Area Water Authority is subject to imposition of the requirements of a regional water authority,the General Manager or his.her designee, may without prior notice, invoke all or any combination of any of the Drought Response Measures set forth in this plan as "Emergency Response Measures." Baytown Area Water Authority may establish any of the penalties set forth in Section XI for violations of the Emergency Response Measures. Requirements for initiation-Baytown Area Water Authority will recognize that a critical water shortage condition exists when any three of the following triggers occur: • Loss of capability to provide water service from BAWA for an extended period of time. • Water supply totally dependent on the customer's wells. • Natural or man-made contamination of the water supply. Requirements for termination-Stage 4 Plan may end when the conditions that triggered the event have ceased to exist for a period up to three(3)consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. Upon initiation and termination of Stage 4, Baytown Area Water Authority will inform customers by telephone and written notice. In addition,TCEQ will be given notice as required. E. Termination of Trigger Conditions Notification. When a trigger condition occurs, Baytown Area Water Authority shall enforce the Drought Response Measures applicable to such trigger condition. After the expiration of three(3)consecutive days, and assuming no other trigger conditions have occurred,the Drought Response Measures prescribed shall terminate and Baytown Area Water Authority shall cease implementation and enforcement of such measures. Baytown Area Water Authority will notify customers of the termination of the particular Drought Response Measures and may utilize the same manner of notification used to inform customers of the occurrence of the trigger condition and implementation of the Drought Response Measures. BAWA Management:Drought Contingency Plan REV:4 19 24 Section VIII: Drought Response Stages The General Manager of Baytown Area Water Authority or his her designee, shall monitor water supply and/or demand conditions on a regular basis and, in accordance with the triggering criteria set forth in Section VII of the plan, shall determine that a mild, moderate, severe,critical, or emergency condition exists and shall implement the following actions upon prior notification to Baytown Area Water Authority customers: A. Stage 1 Response -MILD Water Shortage Condition Measures Tar et: Achieve a voluntary 5 percent reduction in daily water demand. Best Management Practices for Supply Management: 1. Designated plant official or his/her designee will manage the water supply and preserve storage by only backwashing one filter per shift. Additional filters may be approved for backwashing on a case by case basis. 2. Designated plant official or his/her designee will reduce high service pump pressure periodically to conserve water production supply. Water Use Restrictions for Reducing Demand: Upon an announcement and implementation by BAWA or their designee, BAWA recommends customers adhere to the following Stage 1 Drought Condition Measures: 1. Water customers will be requested to voluntarily reduce water use, and will be informed of specific steps that can be taken to reduce water use. 2. Water customers will be requested to voluntarily limit the use of water for non-essential purposes and to practice water conservation including watering on odd numbered days if your address is odd numbered or even numbered days if your address is even numbered during the hours 8:00 p.m. and 10:00 a.m. B. Stage 2 Response -MODERATE Water Shortage Condition Measures Target: Achieve a voluntary 10 percent reduction in daily water demand. Best Management Practices for Supply Management: 1. Designated plant official or his/her designee will manage the water supply and preserve storage by only backwashing one filter per shift. Additional filters may be approved for backwashing on a case by case basis. 2. Designated plant official or his.her designee will reduce high service pump pressure periodically to conserve water production supply. BAWA Management:Drought Contingency Plan REV:4 19 24 Water Use Restrictions for Reducing Demand: Upon an announcement and implementation by BAWA or their designee, BAWA recommends customers adhere to the following Stage 2 Drought Condition Measures: 1. Promote voluntary conservation efforts. 2. Inform customers by telephone and written notice that Stage 2 of the Drought Contingency Plan has been enacted and advise the public of locations where literature can be obtained that will advise them of ways to conserve water. 3. BAWA recommends on a voluntary basis that commercial, industrial and residential irrigation by use of sprinkler systems for lawns, gardens, landscaped areas,trees, shrubs or other plants be permitted only on odd-numbered days if your address is odd numbered or even numbered days if your address is even numbered during the hours of 8:00 p.m. to 10:00 a.m. C. Stage 3 Response-SEVERE Water Shortage Condition Measures Tar&,et: Achieve a voluntary 15 percent reduction in daily water demand. Best Management Practices for Supply Management: 1. Designated plant official or his:her designee will manage the water supply and preserve storage by only backwashing one filter per shift. Additional filters may be approved for backwashing on a case by case basis. 2. Designated plant official or his:`her designee will reduce high service pump pressure periodically to conserve water production supply. 3. BAWA recommends customers adhere to the following: a. Visually inspect lines on a daily basis and repair leaks as soon as possible. b. Flushing is prohibited except for dead end mains. c. Monitor water usage of residential and commercial entities. Water Use Restrictions for Reducing Demand: Upon an announcement and implementation by BAWA or their designee, BAWA recommends customers adhere to the following Stage 3 Drought Condition Measures: 1. Visually inspect lines on a daily basis and repair leaks as soon as possible. 2. Flushing is prohibited except for dead end mains. 3. Monitor water usage of residential and commercial entities. 4. Commercial, industrial and residential irrigation by use of sprinkler systems for lawns, gardens, landscaped areas, trees, shrubs or other plants may be permitted only on odd-numbered days if your address is odd numbered or even numbered days if your address is even numbered during the hours of 8:00 p.m. to 10:00 a.m. However, irrigation of landscaped areas is permitted at any time if it is by means of a hand-held hose, a faucet filled bucket, drip irrigation system, or watering can of five (5) gallons or less. Soaker hoses are prohibited during Stage 3,except when used to water the foundation of structures. 5. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle is prohibited except on designated watering days between the hours of 8:00 p.m. and 10:00 a.m. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. BAWA Management:Drought Contingency Plan REV:4 19 24 6. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Such washing may be exempted from these regulations 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. 7. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or"Jacuzzi" type pools is prohibited except on designated watering days between the hours of 8:00 p.m. and 10:00 a.m. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a re-circulation system. 8. Use of water from hydrants or flush valves shall be limited to usage for maintaining public health,safety, and community welfare. 9. Use of water for the irrigation of golf courses, parks, and green belt areas is prohibited except by hand held hose and only on designated watering days between the hours 8:00 p.m. and 10:00 a.m. 10. The following uses of water are defined as non-essential and are prohibited: a. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard- surfaced areas; b. Use of water to wash down buildings or structures for purposes other than immediate fire protection; c. Use of water for dust control; d. Flushing gutters or permitting water to run or accumulate in any gutter or street and; e. Water use from failure to repair a controllable leak(s) within a reasonable period of time after notice has been given to repair such leak(s); f. Use of soaker hoses except when used to water the foundation of structures. D. Stage 4 Response-EMERGENCY Water Shortage Condition Measures Whenever emergency water shortage conditions exist as defined in Section VII of the plan, the General Manager or his/her designee shall: 1. Assess the severity of the problem and identify the actions needed and time required to solve the problem. 2. Inform the Utility Director or other reasonable official of each wholesale water customer by telephone or in person and suggest actions, as appropriate, to alleviate problems. 3. if appropriate,notify city, county and/or state emergency response officials for assistance. 4. Undertake necessary actions, including repairs and/or clean-up as needed. 5. Prepare a post event assessment report on the incident and critique of emergency response procedures and actions. For customers who operate their own wells, BAWA recommends the following: • The customers shall visually inspect lines on a daily basis and repair leaks as soon as possible. Flushing is prohibited except for dead end mains and only between the hours of 8:00 p.m. and 10:00 a.m. • Emergency interconnects or alternative supply arrangements shall be initiated. All meters shall be read as often as necessary to insure compliance with this program for the benefit of all the customers. BAWA Management Drought Contingency Plan REV:4 19 24 Water Use Restrictions for Reducing Demand: Upon an announcement and implementation by BAWA or their designee,BAWA recommends customers adhere to the following Stage 4 Drought Condition Measures: 1. All outdoor use of water is prohibited. 2. Irrigation of landscaped areas is absolutely prohibited. 3. Use of water to wash any motor vehicle, motorbike, boat, trailer,airplane, or other vehicle is absolutely prohibited. Section IX: Pro Rata Curtailment In the event that the triggering criteria specified in Section VII of the Plan for Stage 3 -- Severe Water Shortage Conditions have been met, the General Manager or his,her designee is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code, §11.039. Section X: Contract Provisions Baytown Area Water Authority will include a provision in every wholesale water contract entered into or renewed after adoption of the plan,including contract extensions,that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, §11.039. Section XI: Enforcement The Districts served by BAWA will be expected to issue written warnings to residents of their perspective District committing violations. The Districts are expected to have a plan on issuing fines of subsequent violations after written notice has been issued and ultimately a shutoff notice if the resident continues to commit violations. The following penalties shall apply to anyone violating the terms of this plan or the Drought Response Measures adopted pursuant hereto: A. First Violation The customer will be notified by written notice of their specific violation. B. Subsequent Violations After written notice,the water district may assess a fine up to $500.00 per violation. After the third violation,the water district may discontinue service at the meter for a period of seven(7) days, or until the end of the calendar month,whichever is LESS. The normal reconnect fee of the District will apply for restoration of service. BAWA Management:Drought Contingency Plan REV:4/19124 Section XII: Variances The utility may grant any customer an exemption or variance from the Drought Contingency Plan for good cause upon written request. A customer who is refused an exemption or variance may appeal such action of the utility in writing to the Texas Commission on Environmental Quality. The utility will treat all customers equally concerning exemptions and variances, and shall not discriminate in granting exemptions and variances. No exemption or variance shall be retroactive or otherwise justify any violation of this plan occurring prior to the issuance of the variance. Section XIII: Severability It is hereby declared to be the intention of Baytown Area Water Authority that the sections,paragraphs, sentences, clauses, and phrases of this plan are severable and, if any phrase, clause,sentence, paragraph, or section of this plan 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 plan, since the same would not have been enacted by Baytown Area Water Authority without the incorporation into this plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK BAWA Management:Drought Contingency Plan REV:4 19 24