HomeMy WebLinkAboutC2018-504 - 7/25/2018 - NA City of CC-Recycled Water Agreement for Recycled Water Service
STANDARD FORM RECYCLED WATER AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
SGBC Baseball, LLC
FOR RECYCLED WATER
This Agreement is entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation, acting by and through its authorized representative, the City Manager or
designee (hereinafter "City"), and SGBC Baseball, LLC or "User". The purpose of this
Agreement is to establish the terms and conditions under which City will deliver and User will
receive Type II reclaimed water or "Recycled Water" from the Greenwood Wastewater
Treatment Plant (hereinafter"WWTP").
RECITALS AND TERMS OF AGREEMENT:
I.WHEREAS, User owns or has a lease regarding the property located at 1545 Saratoga, Corpus
Christi, Texas (the "Property");
II.WHEREAS, the City has the capability of delivering Type II reclaimed water from the WWTP to
the property line of User;
III. WHEREAS, User requests Type II reclaimed water for irrigation of ballparks ("Purpose")to be
delivered by City to the Connection Point which is defined here to be the location of the physical
interconnection between the City installed facilities and the User's installed facilities, located at the
property line of the User;
IV. WHEREAS, the approximate location for the Connection Point is shown on Attachment A;
V. WHEREAS, Texas Commission on Environmental Quality (TCEQ) has issued Authorization
No. R10401-003 ("Attachment B") for City's TCEQ Permit No. 10401-003 which approves City's
transmission of Type II reclaimed water for permitted uses of Type II reclaimed water under Title
30 Chapter 210, Texas Administrative Code ("Chapter 210") which include the irrigation of
ballparks, provided the TCEQ's conditions/restrictions for use of Type II reclaimed water shown in
Attachment B are met;
VI. WHEREAS, TCEQ Authorization No. R10401-003, for City's TCEQ Permit No. 10401-003
requires City to ensure any end-user adheres to the requirements of City's authorization for Type
II reclaimed water and the terms of the governing permit;
VII. WHEREAS, User agrees that User meets the definition of an "End-User" as that term is used
in TCEQ Authorization No. R10401-003;
VIII. WHEREAS, User agrees that Recycled Water may be discontinued by the City, if the City
Manager determines that doing so is necessary for public safety, or to comply with federal or state
law, or the terms of any order issued by TCEQ, the Department of Justice, the United States
Environmental Protection Agency, or any other court of competent jurisdiction;
IX. WHEREAS, User shall be subject to the Recycled Water Ordinance adopted by City Council
(lrriinanr.A No. 029884 ("the Recycled Water Ordinance") as amended by City Council, which
C2018-504
7/25/18 Page 1 of 9
SGBC Baseball LLC
SCANNED
City of CC-Recycled Water Agreement for Recycled Water Service
establishes terms, conditions, requirements, charges and rates for Recycled Water Service,
attached as Attachment C;
X. WHEREAS, User, must comply with all terms and conditions of the Recycled Water Ordinance
upon execution of this Agreement;
XI. WHEREAS, every recital above is made a part of this Agreement and every recital is a
required term of this Agreement;
NOW,THEREFORE, in consideration of the above, City and User hereby agree to the following:
1. Agreement.
a. CITY's duties:
1) maintain operation, and maintenance of the WWTP, City pipelines, City pump stations,
the meter, and any associated City equipment or facilities, by which Type II reclaimed
water is delivered to the Connection Point.
2) To the extent permitted by law and only as Type II reclaimed water is available, permit
User to connect to City's pipeline and City equipment at the Connection Point, see
Attachment A, where User-owned or User-leased equipment will receive the Type II
reclaimed water for Purpose identified above.
3) To the extent permitted by law and only as Type II reclaimed water is available, deliver
Type II reclaimed water to User from the WWTP in accordance with the terms,
conditions, and restrictions applicable to Type II reclaimed water set forth in this
Agreement including Attachment B; the Texas Administrative Code, Title 30, Chapter
210; applicable federal and state law; the Corpus Christi Code of Ordinances; and the
City's adopted Recycled Water Ordinance, all as may be amended.
b. User's duties:
1) User shall comply with the terms, conditions and restrictions for use of Type II reclaimed
water in accordance with Attachment B; the Texas Administrative Code, Title 30, Chapter
210; applicable federal and state law; the Corpus Christi Code of Ordinances; the City's
Recycled Water Ordinance, all as may be amended. A copy of the current Recycled Water
Ordinance has been provided to the User.
2) User shall pay to the City the then-current monthly charge for Recycled Water, said charge
to be established by City Council by ordinance. If Type II reclaimed water is not available,
for whatever reason, then User shall be responsible to obtain, utilize and pay for City
treated water at the rates for treated water adopted under City ordinance, until such time
that the Type II reclaimed water is available for use.
3) User shall be solely responsible for all funding and all operation, maintenance, repair,
environmental compliance, and all environmental fines and/or penalties, related to Type II
reclaimed water service and usage beginning at the Connection Point on the Property of
User.
Page 2 of 9
City of CC-Recycled Water Agreement for Recycled Water Service
4) User shall contact City when Type II reclaimed water service is requested at the Property.
User agrees that its use of the Type II reclaimed water is subject to City schedule.
5) User shall construct, operate and maintain its on-site Type II reclaimed water facilities in
accordance with the terms, conditions, and restrictions for end-users contained in
Attachment B; the Texas Administrative Code, Title 30, Chapter 210; applicable federal
and state law; the Corpus Christi Code of Ordinances; and the City's adopted Recycled
Water Ordinance, all as may be amended.
6) User shall:
a. Test and sample the ground water associated with the Type II reclaimed water
retention pond leak detection system of the User (if such system is located or
required to be located at the Property by applicable TCEQ regulations) and provide
City the results of these tests as required by City, Attachment B, or by TCEQ.
b. Permit the City's employees or agents with access to the Property for review of the
Type II reclaimed water facilities located on the Property, and also to review or
perform testing/sampling procedures.
c. Provide City for review, an Operations and Maintenance Manual for the Type II
reclaimed water system onboard, to be developed and implemented by User.
d. Comply with Attachment B regarding no human contact with Type II reclaimed
water;
e. Comply with Attachment B regarding proper signage related to Type II reclaimed
water usage.
f. Indemnification.
USER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY
OF CORPUS CHRISTI, ITS EMPLOYEES, OFFICERS, AGENTS AND
CONSULTANTS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL
CLAIMS AND ACTIONS, AND ALL EXPENSES INCIDENTAL TO THE
INVESTIGATION OF AND DEFENSE OF ALL CLAIMS AND ACTIONS, BASED
UPON OR ARISING OUT OF DAMAGES OR INJURIES TO PERSON OR
PROPERTY IN ANY WAY RELATED TO OR IN CONNECTION WITH THE USE
OR DELIVERY OF RECYCLED WATER AND THE OPERATION AND
MAINTENANCE OF THE ONSITE FACILITIES AND RELATED ACTIVITIES.
2. Attachments:
This Agreement references the following documents, the contents of each are hereby
incorporated as a term, requirement and condition of this Agreement as if written out in full:
a. Attachment A: Diagram of the Property with approximate location for the Connection
Point.
b. Attachment B: TCEQ Authorization No. R10401-003.
c. Attachment C: Ordinance No. 029884 ("the Recycled Water Ordinance")
Page 3 of 9
City of CC-Recycled Water Agreement for Recycled Water Service
3. Administrative Provisions:
a. Effective Date and Duration. This Agreement is effective on the date upon which the last
party to this Agreement signed and dated the same. This Agreement shall remain in effect
until terminated by either of the parties as provided below.
b. Termination. The parties acknowledge that City and User have the right to terminate the
Agreement when it is in their interest or when required for compliance with any law,
regulation or appropriation statute. The parties further agree that either party may
terminate the Agreement for any reason, upon giving 30 days written notice to the other
party of the intent to do so.
c. Changes or Modifications.
Excluding a change to the Type II reclaimed water fees adopted by City Council, or changes
to the City's adopted Recycled Water Ordinance, changes or modifications to this
Agreement may be proposed by either party at any time following the effective date of the
agreement. Proposed changes must be submitted to the other party in writing and allow
for a minimum 15 day review period. Changes may only be incorporated in this Agreement
upon written agreement of both parties.
d. Amounts due upon termination.
Upon termination of this Agreement, User shall pay the City all charges due for Recycled
Water Service up to the last date of termination of Recycled Water Service or the last date
of delivery of Recycled Water.
e. No Promise to Provide User any Amount of Reclaimed Water to User.
The City makes no promise to provide User any amount of Type II Reclaimed Water. The
City shall provide or deliver Type II Reclaimed Water only as available from the WWTP and
subject to User's compliance with this Agreement and User's compliance with applicable
Federal, State and local laws and regulations regarding Reclaimed Water.
f. Notices. All notices to each party shall be in writing and shall be either hand-delivered or
sent via U.S. certified mail to the respective party's designated representative as specified
herein below. Except as otherwise provided herein, notices may be sent via e-mail or
fax, which shall be deemed delivered on the date transmitted and received.
g. Primary Contacts.
CITY OF CORPUS CHRISTI:
Contact Representative:
Title: Executive Director of Utilities
Address: P.O. Box 9277
Corpus Christi, TX 78469-9277
Telephone: 361-857-1800
Page 4 of 9
City of CC-Recycled Water Agreement for Recycled Water Service
User: SGBC Baseball, LLC
Title: Co-Owner
Address: 5225 Greenbriar Drive
Telephone: 3618159821
E-mail: larryolivarezjr@gmail.com
h. Assignability.
Neither party may assign this Agreement to any other party without the prior written
consent of the other party.
i. Venue and applicable law.
The applicable law for any legal disputes arising out of this Agreement shall be the law
of Texas and such forum and venue for such disputes shall be the appropriate district,
county, or justice court in and for Nueces County, Texas.
j. Waiver. No waiver of any breach of any term, or condition of this Agreement, shall be
construed to waive any subsequent breach of the same.
k. Entire Agreement. This Agreement, including the referenced City of Corpus Christi
ordinances, and the incorporated attachments, constitute the entire agreement
between the City and User for the Purpose identified above. All other agreements,
promises, and representations, oral or otherwise, with reference to the subject matter
hereof, unless contained in this Agreement, are expressly revoked, as it is the intention
of the parties to provide for a complete understanding within the provisions of this
Agreement and its attachments, of the terms, conditions, promises, and covenants
between the City and User relating to Recycled Water.
4. Executed. This 25 day of Jo 1 2018 by:
CITY OF CORPUS CHRISTI
4e061/-
By: Mark t VaK \n ec k
Title: A ssisfant Cii-L1 Mai/lacier
Date: / 25/ 20 IT
Approved as to legal form
d-l/YI
Lisa Aguilar
Assistant City Attorney
for City Attorney
Page 5 of 9
City of CC-Recycled Water Agreement for Recycled Water Service
X
COMPANY: SGBC Baseball, LLC
X
/s/
By: Larry Olivarez,Jr.
Title: co-owner
Date: 7 I 24/ 2018
Page 6 of 9
City of CC-Recycled Water Agreement for Recycled Water Service
ATTACHMENT A
Diagram of the Property with Approximate Location
for the Connection Point
Page 7 of 9
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City of CC-Recycled Water Agreement for Recycled Water Service
ATTACHMENT B
Copy of the TCEQ Authorization No. R10401-003
Page 8 of 9
Attachment B
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Authorization No, R10401-003
This authorization supersedes
and replaces R 10401-003
approved May 17, 1999.
AUTHORIZATION FOR RECLAIMED WATER
Producer: City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469-9277
Producer: City of Corpus Christi
P.O. Box 9277
Corpus Christi,Texas 78469-9277
Users: Any user that the City of Corpus Christi provide with reclaim water.
Location: The Greenwood Wastewater Treatment Plant is located at the intersection of State Highway
357 (Saratoga Blvd.) and Greenwood Drive, about 1.5 miles south of South Padre Island
Drive in the City of Corpus Christi in Nueces County Texas.
Authorization: Type I and Type II reclaimed water from the City of Corpus Christi's Greenwood
Wastewater Treatment Plant (Permit No. 10401-003),to be used for the irrigation of golf
courses, ballparks, schools, parks, industrial centers, apartment complexes, commercial
properties,irrigation of a"closed"landfill,home lawn watering,road median,and also used
for cooling towers, fire fighting, and road construction. See Attachment"A".
This authorization contained the conditions that apply for the uses of the reclaimed water. The approval of
a reclaimed water use project under chapter 210 does not affect any existing water rights. If applicable, a
reclaimed water use authorization in no way affects the need of a producer,provider and/or user to obtain
a separate water right authorization from the commission.
This action is taken under authority delegated by the Executive Director of the Texas Commission on
Environmental Quality. •
Issued Date:November 15,2006
1( --6;;?/11-----
For the Commission
City of Corpus Christi
Reclaimed Water Project
Authorization No.R10401-003
Page 2
Limitations: The authorization is subjected to the following requirements:
General Requirements.
(a) No wastewater treatment plant operator(producer) shall transfer to a user reclaimed
water without first notifying the commission.
(b) Irrigation with untreated wastewater is prohibited.
(c) Food crops that may be consumed raw by humans shall not be spray irrigated. Food
crops including orchard crops that will be substantially processed prior to human
consumption may be spray irrigated. Other types of irrigation that avoid contact of
reclaimed water with edible portions of food crops are acceptable.
(d) There shall be no nuisance conditions resulting from the distribution,the use, and/or
storage of reclaimed water.
(e) Reclaimed water shall not be utilized in a way that degrades ground water quality to a
degree adversely affecting its actual or potential uses.
(f) Reclaimed water managed in ponds for storage must be prevented from discharge into
waters in the state, except for discharges directly resulting from rainfall events, in
accordance with a permit issued by the commission,or as authorized under the City of
Corpus Christi Greenwood's Wastewater Treatment Plant (Permit No. 10401-003). All
other discharges are unauthorized. If any unauthorized overflow of a holding pond
occurs causing discharge into or adjacent to waters in the state, the user or provider, as
appropriate, shall report any noncompliance. A written submission of such information
shall also be provided to the commission regional office and to the Austin Office,Water
Enforcement Section(MC-149),within five(5)working days of becoming aware of the
overflow. The written submission shall contain a description of the noncompliance and
its cause;the potential danger to human health or safety, or the environment; the period
of noncompliance,including exact dates and times; if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and,steps taken or planned to
reduce,eliminate, and prevent recurrence of the noncompliance,and to mitigate its
adverse effects.
(g) Unless otherwise provided in this authorization,there shall be no off-site discharge,
either airborne or surface runoff,of reclaimed water from the user's property except to a
wastewater treatment system or wastewater treatment collection system unless the
reclaimed water user applies for and obtains a permit from the commission which
authorizes discharge of the water.
(h) Signs in both English and Spanish shall be posted at storage areas,hose bibs and faucets
reading"Reclaimed Water,Do Not Drink" or similar warnings. Alternately,the area
may be secured to prevent access by the public.
(i) All new reclaimed water piping shall be separated from potable water piping when
trenched by a distance of at least nine feet. All new exposed piping, hose bibs and
faucets shall be painted purple and designed to prevent connection to a standard water
hose. All piping shall be stenciled with a warning reading"NON-POTABLE WATER".
(j) The design of any new distribution systems which will convey reclaimed water to a user
shall be approved by the executive director. Materials shall be submitted for approval by
the executive director in accordance with the Texas Engineering Practice Act(Article
3271a,Vernon's Annotated Texas Statutes).The plans and specifications for any new
distribution systems constructed pursuant to this authorization must be approved
pursuant to state law, and failure to secure approval before commencing construction of
City of Corpus Christi
Reclaimed Water Project
Authorization No.RI 0401-003
Page 3
such works or making a transfer of reclaim water therefrom is a violation of this
authorization, and each day of a transfer is an additional violation until approval has
been secured.
(k) Major changes from a prior notification for use of reclaimed water must be approved by
the executive director. A major change includes:
(1) a change in the boundary of the approved service area not including the
conversion of individual lots within a subdivision to reclaimed water use;
(2) the addition of a new producer;
(3) major changes in the intended use, such as conversion from irrigation of a golf
course to residential irrigation; or
(4) changes from either Type I or Type II uses to the other.
(1) The reclaimed water producer and user shall maintain on the sites a current operation
and maintenance plan.The operation and maintenance plan which shall contain, as a
minimum the following:
(1) a labeling and separation plan for the prevention of cross connections between
reclaimed water distribution lines and potable water lines;
(2) the measures that will be implemented to prevent unauthorized access to
reclaimed water facilities(e.g., secured valves);
(3) procedures for monitoring reclaimed water;
(4) a plan for how reclaimed water use will be scheduled to minimize the risk of
inadvertent human exposure;
(5) schedules for routine maintenance;
(6) a plan for worker training and safety; and
(7) contingency plan for system failure or upsets.
II. Storage Requirements for Reclaimed Water
(a) All initial holding ponds designed to contain Type I or Type II effluent,located in a
vulnerable area as defined by a rating of 110 or greater on the statewide, shall conform to
the following requirements:
(1) The ponds,whether constructed of earthen or other impervious materials, shall
be designed and constructed so as to prevent groundwater contamination;
(2) Soils used for pond lining shall be free from foreign material such as paper,
brush,trees, and large rocks;
(3) All soil liners must be of compacted material, at least 24 inches thick,compacted
in lifts no greater than 6 inches thick and compacted to 95%of Standard Proctor
Density. In-situ clay soils meeting the soils liner requirements shall be
excavated and re-compacted a minimum of 6 inches below planned grade to
assure a uniformly compacted finished surface.
(4) Soil liners must meet the following particle size gradation and Atterburg limits:
(A) 30%or more passing a number 200 mesh sieve; and
(B) a liquid limit of 30% or greater; and a plasticity index of 15 or greater
and have a permeability less than or equal to 1 X 104 cm/sec;
(5) Synthetic membrane linings shall have a minimum thickness of 40 mils with a
leak detection system. In situ liners at least 24 inches thick meeting a
permeability less than or equal to 1 X 10-4 cm/sec are acceptable alternatives;
(6) Certification shall be furnished by a Texas License Professional Engineer that
the pond lining meets the appropriate criteria prior to utilization of the facilities;
City of Corpus Christi
Reclaimed Water Projeci
Authorization No.R 10401-003
Page 4
(7) Soil embankment walls shall have a top width of at least five feet. The interior
and exterior slopes of soil embankment walls shall be no steeper than one foot
vertical to three feet horizontal unless alternate methods of slope stabilization are
utilized. All soil embankment walls shall be protected by a vegetative cover or
other stabilizing material to prevent erosion. Erosion stops and water seals shall
be installed on all piping penetrating the embankments;
(8) An alternative method of pond lining which provides equivalent or better water
quality protection than provided under this section may be utilized with the prior
approval of the executive director; and
(9) A specific exemption may be obtained from the executive director if, after the
review of data submitted by the reclaimed water provider or user, as appropriate,
the executive director determines containment of the reclaimed water is not
necessary,considering:
(A) soil and geologic data, and ground water data,including its quality, uses,
quantity and yield; and
(B) adequate demonstration that impairment of ground water for its actual or
potential use will be prevented.
(b) Reclaimed water may be stored in leak-proof, fabricated tanks.
(c) Subsequent holding ponds utilized for the receipt and storage of reclaimed water of a
quality that could cause or causes a violation of a surface water quality standard or
impairment of ground water for its actual or intended use will be also subject to the
storage requirements of this section.
•
III. Specific Uses and Quality Standards for Reclaimed Water
Numerical parameter limits pertaining to specific reclaimed water use categories are contained in
this section. These limits apply to reclaimed water before discharge to initial holding ponds or a
reclaimed water distribution system. It shall be the responsibility of the reclaimed water
producer to establish that the reclaimed water meets the quality limits at the sample point for the
intended use in accordance with the monitoring requirements identified in Section IV relating to
Sampling and Analysis.
(a) Type I Reclaimed Water Use. Type I use is where the public will likely come in contact
with the reclaimed water. The following use(s) is allow by this authorization: fire
protection,urban irrigation and golf course irrigation.
(b) The following conditions apply to this type use of reclaimed water. At a minimum, the
reclaimed water producer shall only transfer reclaimed water of the following quality as
described for Type I reclaimed water use,reclaimed water on a 30-day average shall
have a quality of:
BODS 5 mg/1
Turbidity 3 NTU
Fecal Coliform 20 CFU/100 ml*
Fecal Coliform(not to exceed) 75 CFU/100 ml**
* geometric mean
** single grab sample
(c) Type II Reclaimed Water Use. The Type II use is where the public will not come in
contact with the reclaimed water. The following use(s) is allowed by this authorization:
dust suppression and soil compaction,syringing of greens and tees, landscape irrigation
where public access is restricted, and maintenance of water impoundments.
City of Corpus Christi
Reclaimed Water Project
Authorization No.RI 0401-003
Page 5
(d) The following conditions apply to this type of use of reclaimed water. At a minimum,the
reclaimed water producer shall only transfer reclaimed water of the following quality as
described for Type II reclaimed water use,reclaimed water on a 30-day average shall
have a quality of:
BODS 20 mg/I
Fecal Coliform 200 CFU/100 ml*
Fecal Coliform(not to exceed) 800 CFU/100 ml**
* geometric mean
** single grab sample
1V. Sampling and Analysis.
The reclaimed water producer shall sample the reclaimed water prior to distribution to user to
assure that the water quality is in accord with the intended contracted use. Analytical methods
shall be in accord with those specified in Chapter 319 (relating to Monitoring and Reporting).
The minimum sampling and analysis frequency for Type I reclaimed water is twice per week,and
Type II reclaimed water is once per week.
The monitoring shall be done after the final treatment unit.These records shall be maintained on
a monthly basis and be available at the plant site for inspection by authorized representatives of
the Commission for at least five years.
V. Record Keeping and Reporting.
(a) The reclaimed water provider and user shall maintain records on site for a period of five
years.
(1) Records to be maintained by the provider include:
(A) copies of notifications made to the commission concerning reclaimed
water projects.
(B) as applicable, copies of contracts made with each reclaimed water user
(this requirement does not include reclaimed water users at residences
that have separate distribution lines for potable water).
(C) records of volume of water delivered to each reclaimed water user per
delivery(this requirement does not apply to reclaimed water users at
residences that have separate distribution lines for potable water).
(D) reclaimed water quality analyses.
(2) The reclaimed water producer shall report to the commission on a monthly basis
the following information on forms furnished by the executive director. Such
reports are due to the commission by the 20th day of the month following the
reporting period.
(A) volume of reclaimed water delivered to provider.
(B) quality of reclaimed water delivered to a user or provider reported as a
monthly average for each quality criteria except those listed as "not to
exceed" which shall be reported as individual analyses.
VI, Transfer of Reclaimed Water.
Reclaimed water transferred from a provider to a user shall be done on a demand only basis.
This means that the reclaimed water user may refuse delivery of such water at any time. All
reclaimed water transferred to a user must be of at least the treatment quality specified in
Section IV. Transfer shall be accomplished via pipes or tank trucks.
City of Corpus Christi
Reclaimed water Project
Authorization No.R10401-003
Page 6
VII. General Prohibitions.
Storage facilities for retaining reclaimed water prior to use shall not be located within the
floodway and shall be protected from the 100-year flood.
VIII. Restrictions.
This authorization does not convey any property right and does not grant any exclusive privilege.
IX. Responsibilities and Contracts.
(a) The producer of reclaimed water will not be liable for misapplication of reclaimed water
by users, except as provided in this section. Both the reclaimed water provider and user
have,but are not limited to, the following responsibilities:
(1) The reclaimed water producer shall:
(A) transfer reclaimed water of at least the minimum quality required by this
chapter at the point of delivery to the user for the specified use;
(B) sample and analyze the reclaimed water and report such analyses in
accordance with Sections N and V relating to Sampling and Analysis
and Record keeping and Reporting,respectively; and
(C) notify the executive director in writing within five(5)days of obtaining
knowledge of reclaimed water use not authorized by the executive
director's reclaimed water use approval.
(2) The reclaimed water provider shall:
(A) assure construction of reclaimed water distribution lines/systems in
accordance with 30 TAC Chapter 317 and in accordance with approved
plans and specifications;
(B) transfer reclaimed water of at least the minimum quality required by this
chapter at the point of delivery to the user for the specified use;
(C) notify the executive director in writing within five(5) days of obtaining
knowledge of reclaimed water use not authorized by the executive
director's reclaimed water use approval;and
(D) not be found in violation of this chapter for the misuse of the reclaimed
water by the user if transfer of such water is shut off promptly upon
knowledge of misuse regardless of contract provisions.
(3) The reclaimed water user shall:
(A) use the reclaimed water in accordance with this authorization; and
(B) maintain and provide records as required by Section III relating to
Record Keeping and Reporting.
X. Enforcement.
If the producer,provider and/or user fails to comply with the terms of this authorization, the
executive director may take enforcement action provided by the Texas Water Code, §§26.019
and 26.136.
City of Corpus Christi
Reclaimed Water Project
Authorization No.R 10401-003
Page 7
XI. STANDARD PROVISIONS:
(a) This authorization is granted in accordance with the Texas Water Code and the rules and
other Orders of the Commission and the laws of the State of Texas.
(b) Acceptance of this authorization constitutes an acknowledgment and agreement that the
provider and user will comply with all the terms,provisions, conditions,limitations and
restrictions embodied in this authorization and with the rules and other Orders of the
Commission and the laws of the State of Texas. Agreement is a condition precedent to
the granting of this authorization.
City of Corpus Christi
Reclaimed Water Project
Authorization No.R10401-003
Page 8
ATTACHMENT"A"
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City of CC-Recycled Water Agreement for Recycled Water Service
ATTACHMENT C
CITY ORDINANCE 029884
Page 9 of 9
Attachment C
Ordinance amending the Code of Ordinances by adding Article XIX,
Recycled Water to Chapter 55 to provide for recycled water service,
recycled water rates, recycled water delivery; providing for penalties;
providing for severance; and providing for publication.
WHEREAS, water reuse is an important component of our region's future water supply;
WHEREAS, the City of Corpus Christi has received authorization from the Texas
Commission on Environmental Quality for the use and delivery of recycled water;
WHEREAS, the City Council adopted the Corpus Christi Water Conservation Plan
which recommends implementation of numerous best management practices, including
water reuse;
WHEREAS, City Council desires to adopt rates for recycled water service to be
effective August 1, 2013;
WHEREAS, the City has completed a cost-of-service study for recycled water to
determine how much it costs to serve recycled water users;
WHEREAS, the recycle water rate is intended to strive toward meeting the City's goals
of providing incentives to encourage the use of recycled water; implementing the City's
Water Conservation Plan recommendations to conserve water; and recovering from the
recycled water user the costs to the City in order to provide recycled water to the
recycled water user; and
WHEREAS, staff has calculated a recycled water rate that is fair, reasonable, and
uniform in accordance with applicable law;
WHEREAS, with the start-up of the recycled water service rates anticipated"in August 1,
2013, the City should adopt more specific terms and conditions and regulations for
which recycled water may be provided to users within the City's recycled water service
area as needed;
•BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new article
titled "Article XIX, Recycled Water"to Chapter 55 as follows:
CHAPTER 55 UTILITIES
* * * * *
ARTICLE XIX. RECYCLED WATER
070913 ORD Adding Art XIX Recycled Water as finally adopted 029884 Pg 1 of 19
INDEXED
DIVISION 1. IN GENERAL
Sec. 55—550. Purpose.
The purpose of this Article is to define the terms and conditions for which
recycled water may be provided to users within areas approved for recycled water use.
Sec. 55—551. Definitions.
In this Article:
Approved Use means the use of recycled water as authorized by a recycled
water agreement with the city.
Approved Use Area means a site authorized by law and designated approved in
a recycled water agreement to receive recycled water for an approved use.
Chapter 210 refers to Chapter 210 of Title 30 of the Texas Administrative Code,
titled "Use of Recycled Water," as amended.
Cross Connection means any physical arrangement where a potable water
supply is actually or potentially connected with any non-potable water system, used
water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage
reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or
any other assembly which contains, or may contain, contaminated water, domestic
sewage, or other liquid of unknown or unsafe quality which may be capable of imparting
contamination to the public water system as a result of backflow. Bypass arrangements,
jumper connections, removable sections, swivel or change over assemblies, or other
temporary or permanent assemblies through which, or because of which, backflow may
occur are considered to be cross connections.
Department refers to the City's Wastewater Department.
Design Standard means a design criterion or standard issued or required by the
City Engineer or the Texas Commission on Environmental Quality (TCEQ), or as
provided under the City's Design Standards Manual, the City's Unified Development
Code (UDC), or Chapter 210 of the Texas Administrative Code, as amended from time
to time.
Director means the City Manager or designee, the Director of the City's
Wastewater Department.
Delivery Main means a recycled water delivery main offsite that delivers recycled
water to a user. A Delivery Main is constructed at the expense of the recycled water
user and connects one or more users to a city delivery main of recycled water. Delivery
Mains terminate at (1) the point of connection with a user's recycled water meter; and
(2) the point of connection with the City's Delivery Mains. All Delivery Mains (including
the recycled water meter connecting to a user's onsite recycled water main) accepted
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 2 of 19
by the City become the property of the City at the time the City accepts the Delivery
Main.
Drawings mean plans; working drawings; detail drawings; technical profiles,
exhibits or sketches; typical cross sections; or reproductions that show locations,
character, dimensions, or details of work related to a recycled water system and its
components.
Offsite Facilities means any Delivery Main and as defined herein.
Onsite Facilities means any recycled water delivery or distribution lines on the
user's side of the recycled water meter. Onsite recycled water mains are built by the
user and subject to permitting, the City's regulations and inspection, and Chapter 210's
minimum standards.
Point of Connection means a location where Offsite Facilities connect to Onsite
Facilities and, unless otherwise set forth in the Recycled Water Agreement, is the point
at the downstream end of the City's recycled water service.
Recycled Water means wastewater that is collected through a City-owned
wastewater treatment plant and treated to a quality that meets or exceeds the TCEQ's
authorization to the City and/or Chapter 210 requirements. Recycled Water is
synonymous with the terms "reclaimed water" as that term is defined under Chapter
210, and "effluent' or"effluent water."
Recycled Water Agreement means the required standard form agreement,
between a user and the City that establishes the conditions and terms for delivery and
use of Recycled Water.
Recycled Water Delivery System •means that system of pipes and related
facilities for the delivery, use and sale of Recycled Water by the City or the City's
contractors.
Recycled Water Service means the furnishing of Recycled Water to a user,
through a metered connection, to Onsite Facilities.
Recycled Water Service Area or Service Area means the territory within the City
and within its Extraterritorial Jurisdiction (ETJ).
Recycled Water Storage Facility means an impoundment or structural tank that
receives and stores Recycled Water and complies with applicable requirements under
Chapter 210.
TAC refers to the Texas Administrative Code.
TCEQ refers to the Texas Commission on Environmental Quality and its
successor agencies.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 3 of 19
UDC refers to the City's Unified Development Code.
User means a person who uses, receives, distributes or handles Recycled Water
pursuant to a Recycled Water Agreement with the City or a Recycled Water Agreement
for Distribution.
Wastewater Department means the City's Wastewater Department.
Water Department means the City's Water Department.
Water Right means a real property right to divert, use, or consume water flowing
to, over, or under land.
Secs. 55-552-55-554. Reserved.
DIVISION 2. RECYCLED WATER SERVICE
Sec. 55-555. Availability of Recycled Water Service.
(a) The Director may make Recycled Water available to persons who execute a
Recycled Water Agreement with the City under the terms of this Article.
(b) The Director shall prescribe the method of operation and conditions of
service.
(c) The City Engineer shall prescribe design requirements for recycled water
facilities and the manner of construction.
(d) The Director may refuse to provide service for the following reasons:
(1) Recycled Water Service would be detrimental to the potable water
system;
(2) the City's supply of treated wastewater is inadequate to meet the
anticipated needs of the proposed use area;
(3) required fees have not been paid;
(4) Recycled Water Service to the area would not benefit the City;
(5) the proposed use is inappropriate for Recycled Water; or
(6) known safeguards are not in place to protect the public health or
the environment.
(e) In determining whether to provide Recycled Water Service to an applicant,
the Director may consider the following factors:
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 4 of 19
(1) the existence of a Recycled Water Delivery Main adjacent to or
near the premises of an applicant;
(2) the applicant's offer to pay the cost of service extension; and
(3) the applicant's intent to enter into the required Recycled Water
Agreement.
Sec. 55-556. Provision of Recycled Water Service.
(a) Upon the Director's recommendation that the provision of Recycled Water is
feasible, the City Manager or designee is authorized to execute a standard form
Recycled Water Agreement with the City for the provision of Recycled Water to
properties within the Recycled Water Service Area upon an application and agreement
in compliance with this Article and other applicable laws and regulations.
(b) A person who requests Recycled Water Service from the City must file an
application that meets the requirements of this Article, and must meet or exceed the
minimum design, construction and operation standards for recycled water facilities.
Sec. 55-557. No grant or transfer of Water Right or ownership interest.
The delivery of Recycled Water by the City and the acceptance and use of the
Recycled Water by the User is not a transfer or an acquisition by the User of a Water
Right or an ownership interest in any of the Offsite Facilities.
Secs. 55-558-55-560. Reserved.
DIVISION 3. REQUEST FOR RECYCLED WATER SERVICE
Sec. 55-561. Application for Recycled Water Service, determination of feasibility.
(a) The Director shall prescribe an application form for Recycled Water Service.
(b) To request Recycled Water Service, a person must own or manage the
property for which the service is to be provided.
(c) An applicant for a subdivision plat, building permit, site plan, water service
extension, or water connection within the service area may submit an application to use
Recycled Water.
(d) A person must submit an application to the Director and agree to abide by all
requirements for Recycled Water Service as described in this Article. If a person meets
the requirements described herein, then that person must enter into a standard form
Recycled Water Agreement prior to the delivery of Recycled Water.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 5 of 19
(e) The Director shall review each submitted application and investigate the
proposed service, such investigation to include site visits, as is reasonably necessary to
determine if such service is feasible.
Sec. 55-562. Proof of compliance with the minimum design and operation
standards.
(a) A person making an application for Recycled Water Service shall submit the
following information to the Director for his approval, prior to construction or retrofit of an
onsite facility that will use or receive Recycled Water
(1) Design drawings and specifications which must be in compliance
with the UDC, the Plumbing Code, Chapter 210, and other TCEQ
regulations and applicable laws;
(2) Design drawings and specifications must be in compliance with the
City's Design Standards Manual issued by the City Engineer,
(3) Drawings of the final installed onsite facility and the entire proposed
use area;
(4) Proof that the User will be compliant with Chapter 210, the UDC,
and other city codes, rules and regulations, and that the User has
the required backflow prevention assembly on the recycled water
service line and sufficient air gap; and
(5) Proof, as requested by the Director, that the User has sufficient
Storage Facilities for the Recycled Water and will be in compliance
with Chapter 210.
(b) The Director may issue written notice to the applicant to proceed with
construction and/or retrofit upon satisfaction that the applicant meets or shall meet the
minimum design and operation standards for Recycled Water Service.
(c) After completion of the construction or retrofit of the Onsite Facilities for
Recycled Water Service, the applicant must make a written request for inspection by the
City. The inspection shall include the cross connection control and an operational test.
(d)The Director shall grant the User approval of Recycled Water Onsite Facilities if:
(1) the Director determines that the applicant meets the City's minimum
design and operation standards; and
(2) the system passes the inspection and the operational tests of the
cross connection control.
Secs. 55-563-55-565. Reserved.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 6 of 19
DIVISION 4. SYSTEMS AND CONSTRUCTION OF DISTRIBUTION MAINS
Sec. 55-566. Cross Connections with potable water mains prohibited.
(a) It shall be unlawful for any person to make or to maintain any Cross
Connection or to allow any Cross Connection to exist at any place under the control of
any person.
(b) Any switchover system potentially allowing use of potable water as a
temporary substitute for Recycled Water if Recycled Water is not available shall be built
to ensure that Recycled Water does not back flow into the potable water system.
(c) To ensure the complete separation of a User's onsite potable water system
from the lines supplying Recycled Water, the City shall inspect or cause to be inspected
by a third party contractor, the User's onsite potable water system prior to supplying
Recycled Water. Any recommended piping modifications shall be completed prior to
commencement of the Recycled Water Service. A re-inspection shall be conducted
every year or as deemed necessary by the Director.
Sec. 55-567. Recycled Water Delivery Mains—Construction.
(a) Any person who desires the extension of Recycled Water Delivery Mains for
the provision of Recycled Water Service shall bear all costs of extending the Delivery
Main to the User's property line and comply with the City's policies and requirements as
they relate to Recycled Water Service. The size of Delivery Mains is to be determined
by the City, based on the User's expected recycled water consumption.
(b) The User shall install a water meter that meets or exceeds the Director's
requirements.
(c) The City will not pay for Offsite Facilities improvements and infrastructure.
The User shall dedicate to the City the Offsite Facilities improvements and
infrastructure, that the City approves and accepts, and such Offsite Facilities
improvements and infrastructure shall become the property of the City upon the City's
acceptance of the dedication.
(d) The Director will credit a User for the Offsite Facilities improvements
approved and accepted by the City that the User has constructed and dedicated in
order for the City to be able to deliver to Recycled Water to the User's Onsite Facilities.
This credit will be applied to the User's monthly payment for Recycled Water under the
applicable rate for Recycled Water, for a period of time not to exceed five years. The
City Manager may establish rules to implement this section.
Sec. 55-568. Reserved.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 7 of 19
DIVISION 5. RECYCLED WATER AGREEMENT
Sec. 55-569. Recycled Water Agreement.
(a) Upon approval of the Recycled Water Service Onsite Facilities, the applicant
must execute a standard Recycled Water Agreement with the City to receive Recycled
Water Service.
(b) The Recycled Water Agreement shall incorporate the requirements of this
Article, Chapter 210, the UDC, the Corpus Christi Code of Ordinances, and any other
terms and conditions prescribed by the City.
(c) The Recycled Water Agreement shall be reviewed periodically at a minimum
of every five years and revised to be fully compliant with all TCEQ permits and
regulatory requirements.
(d) Prior to delivery of Recycled Water, the applicant must sign the Recycled
Water Agreement acknowledging that the applicant, as the User, is now responsible for
Onsite Facilities and related activities; that the User shall comply with all applicable laws
and regulations, including but not limited to Chapter 210.
(e) Every User shall agree to indemnify, hold harmless, and defend the City of
Corpus Christi, its officers, agents, employees, representatives, consultants and
contractors from and against any and all claims and actions, and all expenses incidental
to the investigation of and defense of all claims and actions, based upon or arising out
of damages or injuries to person or property in any way related to or in connection with
the use or delivery of Recycled Water and the operation and maintenance of the Onsite
Facilities and related activities.
(f) Every User shall provide proof of and shall maintain in force a policy of
comprehensive general liability insurance in the amount specified by the City's Risk
Manager under Section 17-19; or shall maintain a policy of general business liability
insurance in the same or greater amount with a contractual liability endorsement; and
shall maintain any other policy set by law or the City's Risk Manager under Section 17-
19. The City must be named as an additional insured on the general liability insurance
policies by endorsement.
Sec. 55-570. Discontinuance of Recycled Water Service.
(a) The City shall be under no obligation to provide such Recycled Water and
reserves the right to discontinue such service at any time and to limit the volume of
Recycled Water at any time.
(b) The City may discontinue Recycled Water Service if the City Manager
determines that continuing to provide Recycled Water Service would compromise the
City's ability to comply with any law, rule, regulation, or order issued by TCEQ, the
United States Environmental Protection Agency, the United States Department of
Justice, or any other legal authority of competent jurisdiction.
070913 ORD Adding M XIX Recycled Water as finally adopted Pg 8 of 19
(c) The Director may discontinue Recycled Water Service if a User.
(1) violates the terms of the Recycled Water Agreement or this Article;
(2) fails to pay any and all fees assessed on the User's water bill;
(3) tampers with any facilities related to the service, including the
meter;
(4) cross-connects the Recycled Water System with a potable water
source;
(5) refuses to permit an authorized representative of the City to enter
his or her premises to inspect the User's Recycled Water System;
or
(6) performs an act that the Director determines may be detrimental to
the Water, Wastewater, or Recycled Water Systems, or detrimental
to the health and safety of the public.
(d) A User shall pay for the Recycled Water provided by the City until the
Recycled Water Service is properly disconnected.
(e) A User may not reconnect a discontinued service without the Director's
approval.
(f) If a User reconnects a discontinued service without the Director's approval, the
Department may remove the service and charge an additional fee.
(g) A User may apply for reinstatement of service after paying all fees or charges
assessed.
(h) The Director shall charge a fee for reinstatement of Recycled Water Service.
Sec. 55-571. City's responsibilities.
(a) The City and its authorized agents, employees, or contractors are responsible
for the operation, management, and control of the Offsite Facilities and the oversight of
Recycled Water Service.
(b)The City shall:
(1) Obtain necessary TCEQ authorizations for the offsite use of
Recycled Water under Chapter 210;
(2) Comply with the record keeping and reporting requirements of a
provider under Subchapter C of Chapter 210.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 9 of 19
(3) Conduct recycled water quality assessments as may be required by
Chapter 210; and
(4) Have the right to take any action at such times that it deems
necessary to safeguard the public health and safety.
Sec. 55-572. User's responsibilities.
A User shall:
(1) be responsible for constructing the Onsite and Offsite Facilities, with an
Onsite Facility service line or Delivery Main constructed to an established
point of connection
(2) be responsible for dedicating to the City the Offsite Facilities
improvements and infrastructure after approval and acceptance of the
improvements by the Director;
(3) provide supervision of Onsite Facilities to assure compliance with this
Article and the applicable cross connection control provisions of Chapter
210, the City Code, and the UDC.
(4) provide access to Onsite Facilities at reasonable times for inspections by
the City;
(5) train all Onsite Facilities operations personnel consistent with the worker
training and safety plan approved by TCEQ under 30 TAC 210 Section
210.4(a)(4)(F), as amended; and
(6) conduct all operations related to Recycled Water Service in compliance
with this Article.
(7) comply with the record keeping and reporting requirements of a user
under Subchapter C of Chapter 210.
Secs. 55-573-55-575. Reserved.
DIVISION 6. RESERVED
Secs. 55-576—�55-581. Reserved.
DIVISION 7. USE OF RECYCLED WATER
Sec. 55-582. Use of Recycled Water.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 10 of 19
(a) Recycled Water may be used only as provided under Chapter 210, for the
following purposes:
(b)A User may use Recycled Water only in locations and for uses as designated
and approved in the User's executed Recycled Water Agreement.
(c) Each User of Recycled Water and action related to Recycled Water must
comply with Chapter 210 and the provisions of this Article.
(d) Recycled Water Agreements are non-transferrable to subsequent property
owners and/or users. Each User must enter into a Recycled Water Agreement for the
provision of Recycled Water.
(e) Recycled Water used for cooling or processing must be discharged to a
sanitary sewer, in compliance with all applicable permits and laws governing such
discharges, or obtain written approval from the Director for any other proposed use,
disposal or discharge of such water.
Sec. 55-583. General Requirements.
(a) Reuse of untreated wastewater is prohibited.
(b) The unauthorized use of Recycled Water is prohibited.
(c) Food crops that may be consumed raw by humans shall not be spray
irrigated. Food crops including orchard crops that will be substantially processed prior to
human consumption may be spray irrigated. Other types of irrigation that avoid contact
of Recycled Water with edible portions of food crops are acceptable.
(d) There shall be no nuisance conditions resulting from the distribution, the use,
and/or storage of Recycled Water.
(e) Recycled Water shall not be utilized in a way that degrades ground water
quality to a degree adversely affecting its actual or potential uses.
(f) Recycled Water managed in ponds for storage must be prevented from
discharge into waters in the state, except for discharges directly resulting from rainfall
events or in accordance with a permit issued by TCEQ. All other discharges are
unauthorized. If any unauthorized overflow of a holding pond occurs causing discharge
into or adjacent to waters in the state, the User and the Director, as appropriate, shall
report the noncompliance. A written submission of such information shall also be
provided to the TNRCC/TCEQ regional office and to the Austin Office, Water
Enforcement Section (MC-149), within five working days of becoming aware of the
overflow. The written submission shall contain a description of the noncompliance and
its cause; the potential danger to human health or safety, or the environment; the period
of noncompliance, including exact dates and times; if the noncompliance has not been
corrected, the anticipated time it is expected to continue; and steps taken or planned to
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 11 of 19
reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its
adverse effects.
Sec. 55-584. Use of Recycled Water, Irrigation; other water supply sources
(a) Recycled Water may be utilized in the irrigation systems if:
(1) There is a written agreement between the City and the
owner/operator of the irrigation system;
(2) The User complies with Chapter 210;
(3) There is no direct contact with edible crops, unless the crop is
pasteurized before consumption;
(4) The irrigation system does not spray water across property lines
that do not belong to the User and/or irrigation system's owner,
(5) The irrigation system is installed using purple components;
(6) The domestic potable water line is connected using an air gap or a
reduced pressure principle backflow prevention device and
sufficient air gap in accordance with Title 30, Texas Administrative
Code, Section 290.47(i); the City's Code of Ordinances, Unified
Development Code, and Plumbing Code, any other applicable laws.
(7) A minimum of an eight-inch by eight-inch sign, in English and
Spanish, is prominently posted on/in the area that is being irrigated,
that reads, "RECYCLED WATER - DO NOT DRINK" and "AGUA
DE RECUPERACION - NO BEBER"; and
(8) The backflow prevention on the Recycled Water supply line has
sufficient air gap and complies with Chapter 210, the City's Code of
Ordinances, the Unified Development Code, the Plumbing Code,
and any other applicable laws.
(b) A person may not use or connect any alternative water supply sources, such
as but not limited to gray water or harvested rain water without the prior written approval
of the City's Water Director.
(c) A person commits and offense if that person uses or causes to be used
Recycled Water or any other source or supply of water in violation of this section.
Sec. 55-585. Annual inspection; right of inspection of Recycled Water System
Onsite Facilities.
(a) The User shall conduct an annual inspection of the Onsite Facilities, either
through the City or through the use of a City-approved third party contractor.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 12 of 19
(b) Additionally, the Director may inspect devices installed by the User to control
the flow of Recycled Water and may remove, or secure such devices if installed in
violation of this Article or any term of the Recycled Water Agreement.
(c) Director may inspect any offsite or Onsite Facilities, as well as use areas and
adjoining property belonging to the User and shall be granted access, without prior
notice to the User during normal business hours. If access is needed by the Director
during non-business hours, the User shall allow access at a reasonable time upon a
prior request by the Director.
(d) The User and his/her operators shall cooperate with the City and its
authorized representatives and assist in performing inspections and operational tests.
(e) Any modifications to the User's Onsite Facilities must meet all criteria in this
Article and is subject to inspection.
Sec. 55-586. Identification of recycled water Onsite Facilities.
A User must identify recycled water Onsite Facilities with signs having a
minimum size of eight (8) inches by eight (8) inches posted at all storage areas and on
all hose bibs and faucets, in both English and Spanish, the words "Recycled Water, Do
Not Drink" or a similar warning in accordance with Section 210.25 of Title 30 of the TAC.
Sec. 55-587. Maintenance of recycled water service pipes.
All persons using Recycled Water shall keep their Onsite Facilities in good repair,
so as to prevent leakage. Maintenance is the User's responsibility. All onsite
transportation, holding and delivery facilities for Recycled Water shall comply with the
standards of Chapter 210.
Sec. 55-588. Violations; prohibited uses.
(a)A person commits an offense if a person:
(1) violates a provision of this Article or any applicable provision of the
Texas Administrative Code, the Texas Water Code, or the Texas
Health and Safety Code;
(2) uses Recycled Water for a purpose not approved by this Article
and/or authorized in the Recycled Water Agreement;
(3) uses or applies Recycled Water for any purpose, including
Approved Uses, by direct application or by windblown spray, to an
area other than the Approved Use Area;
(4) uses hose bibs or faucets on a Recycled Water System unless they
are designed and installed to prevent connection to a standard
water hose, as defined in Chapter 210;
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 13 of 19
(5) allows any obstruction to impede access to meter boxes or other
Onsite Facilities or Offsite Facilities;
(6) gives, sells, trades, or transfers Recycled Water to another area
without the prior written approval of the Director;
(7) discharges airborne or surface Recycled Water from the User's
property, other than to a wastewater treatment system or
wastewater collection system, without notifying the City of its permit
granted by TCEQ and authorizing the discharge;
(8) interrupts Recycled Water Service in a portion of the City's system
without the prior written approval of the Director;
(9) stores or applies Recycled Water in such a way as to cause runoff
or ponding. If such conditions occur, in addition to any other
corrective action taken or required by law, the User shall
immediately alter its method of application to prevent any further
runoff or ponding;
(10) tampers with, works on, or in any way alters or damages any part of
the City's Recycled Water System. Tampering or work shall include,
but is not limited to, opening or closing of valves, or causing of any
Recycled Water to flow from the system;
(11) cuts into or makes any improper connection with the system;
(12) causes or allows their Recycled Water System to have any Cross
Connections (between two (2) or more water supplies), any illegal
connections or tie-ins, or any discharge of Recycled Water into the
public wastewater system;
(13) takes or uses Recycled Water without payment;
(14) removes or defaces any warnings, labels or signs pertaining to
Recycled Water use;
(15) commits an offense under applicable state law.
Secs. 55-589-55-590. Reserved.
DIVISION 8. RATES AND CHARGES.
Sec. 55-591. Establishment of rates and charges.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 14 of 19
Rates and charges for Recycled Water Service are hereby established, based
upon factors that include the cost to the City to provide Recycled Water Service, the
savings to the City to be able to produce less potable water, and the value to the City to
be able to implement longstanding city policies and goals related to water conservation
and drought planning and management. Each User of Recycled Water shall pay a
charge for Recycled Water Service at the rates established under this Article.
Sec. 55-592. Periodic review of rates.
The City Council will periodically review the rates for Recycled Water Service and
any proposed rate increases in accordance with applicable laws and regulations.
Sec. 55-593. Fees.
The City Council may adopt a schedule of fees to reimburse the City its costs to
provide permitting and inspection services in connection with Recycled Water Service.
Sec. 55-594. Schedule.
Users shall pay a monthly or other applicable charge for Recycled Water Service
based on the amount of Recycled Water used by the User according to the following
rates:
a. Rate Classes: The rate classes for Recycled Water are as follows:
1. First: Customers who receive Recycled Water through a Recycled
Water Delivery System.
b. Recycled Water Rates.
1. First Class. The rate for Recycled Water for customers in the First
Class is a monthly charge of: n�
;tp,'1 'c..j. ^r, WAIF
sc..
�. �,m .�° �-�s ? �•`t,.�,,,.;� :a14111.2,.�'?t4411-e?' ,�`h,����-3; �����., VE`
Per 1,000 gallons $ 1.00
First Class-Initial Rate. The rate for Recycled Water for the first twenty-
four months that a customer in the First Class receives Recycled
Water Service is a monthly charge of:
r•'g s
�:-�:�",..� �5f e�7ro, :s"'^.,a"z�k�''=,'H.w�i"+..)a°x,:`„"t �.�. hl�it..�'f�����F'�r.xs...��+�...m..u-•'4�"tt<^ V �^7�
Per 1,000 gallons $ 0.75
Sec. 55-595. Calculation of quantity of Recycled Water delivered.
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 15 of 19
The amount of Recycled Water received by a User is based on monthly meter
readings performed by the City.
Sec. 55-596. Inaccurate meter readings.
Should any meter fail to register correctly the amount of Recycled Water used by
a User since the previous reading, the Department has a right to charge for Recycled
Water Service on the basis of three month's average.
Sec. 55-597. Billing.
Bills for Recycled Water Service are due upon receipt and payable to the City of
Corpus Christi, at the office of the Utility Business Office, 1201 Leopard Street, Corpus
Christi, Texas, 78701.
Sec. 55-598. City-owned buildings and properties.
City-owned buildings and properties are exempt from charges for Recycled
Water Service.
Sec. 55-599. Exemptions.
The City Council has determined that charges for Recycled Water Service do not
apply to facilities of the United States Navy; the Coastal Bend State Veterans Cemetery;
independent school districts; public institutions of higher education; Nueces County; or
agencies and departments of the State of Texas.
Sec. 55-600. Reserved.
DIVISION 9. RESERVED
Secs. 55-601-55-619. Reserved.
DIVISION 10. ENFORCEMENT
Sec. 55-620. Purpose.
(a) The purpose of this Division is to provide for the enforcement of this Article
and other applicable provisions of state law.
(b)The Director is authorized to enforce this Article.
(c) The purpose of any fine imposed against a person under this Article is to
penalize and deter non-compliance with this Article, the Texas Administrative Code, the
Texas Water Code, the Texas Health and Safety Code, and other state law and to
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 16 of 19
recover any economic benefit resulting from the non-compliance as the Director
determines is appropriate. Specific statutory requirements include the Texas
Administrative Code, Chapters 70 and 210; the Texas Water Code, Chapters 5, 7, 11-
13, and 16; and the Texas Health and Safety Code, Chapters 341, 366, 369, 371, 374,
and 401.
(d) This Article applies to any person who receives or uses Recycled Water, and
all persons within the city limits of the City of Corpus Christi.
(e) If some part or parts of this Article cannot be interpreted as consistent with
the Texas Water Code, the Texas Health and Safety Code, or the Texas Administrative
Code, or where applicable parts of those statutes are not specifically included in this
Article, the statutes shall control.
Sec. 55-621. Offenses, violations, and penalties.
(a) A person commits an offense if the person violates any provision of this
Article or any applicable state law, including the Texas Administrative Code, the
Texas Water Code, the Texas Health and Safety Code.
(b) A person violating any provision of this Article or any applicable state law
shall be subject to the penalties as provided under Section 1-6 of this Code of
Ordinances.
(c) The commission of a violation of each provision, and each separate violation
thereof, shall be deemed a separate offense, in and upon conviction thereof,
shall be fined as provided in Section 1-6 of this Code.
(d) If any person or a second person at the same location or premises, is found
guilty of a second violation of this.Article or any applicable state law, the Director
shall be authorized to discontinue Recycled Water Service to the premises where
such violation occurs.
(e) Cases filed under this section shall be expedited and given preferential
setting in municipal court before all other cases.
(f) Any person who is the party to the Recycled Water Agreement and whose
name is on file with the Director or the Utilities Billing Office as the User of the
Recycled Water Service for the property where the violation occurs or originates
shall be presumed to be the violator, and proof that the violation occurred on said
premises shall constitute prima facie evidence that the User committed the
violation, but said User shall have the right to show that he or she did not commit
the violation.
(g) If any person fails to respond to a citation or summons issued for a violation
of this Article within the time allowed, upon receipt of notice from the Director or a
judge of the municipal courts, the Director is authorized to discontinue Recycled
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Water Service under the Recycled Water Agreement to the location or premises
where such violation occurs.
Sec. 55-622. Authority to enforce.
The City Manager is authorized to make determinations necessary to effectuate the
purposes of this Article.
The City Attorney and Assistant City Attorneys are authorized to ensure that this
Article is properly and diligently enforced, to prosecute violations of this Article, to
defend the legality of this Article if challenged, and to seek legal and/or equitable
remedies for violations of this Article, including the filing of criminal charges. A legal
proceeding pursued under this Article does not constitute a waiver by the City of any
right the City may have to join in a legal action originating from an alternative source of
law. The City may commence such actions for appropriate legal and/or equitable relief
in courts having proper jurisdiction and may seek civil penalties and any other legal or
equitable relief available under common law, V.T.C.A., Local Government Code
Chapter 54, under V.T.C.A., Water Code § 26.124, or any other applicable local, state,
or federal code or statute.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances.
ATTEST: CITY OF US CHRISTI
Armando Chapa Nelda Martinez
City Secretary Mayor
070913 ORD Adding Art XIX Recycled Water as finally adopted Pg 18 of 19
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 11' "day of .�.. , 2013, by the following vote:
Nelda Martinez ( ,o Chad Magill AA. L
Kelley Allen i 1 - Colleen McIntyre a at,
Rudy Garza OAoi ! Lillian Riojas
0 '
Priscilla Leal L i;! - Mark Scott I 1 .Ar/AhJ
___042
David Loeb
That thefpregoing ordina ce as read for the second time and passed finally on this
the ( Xday of , 2013, by the following vote:
Nelda Martinez10* Chad Magill
_____a&
Kelley Allen 1 ! Colleen McIntyreatil(36W-
Rudy
Garza ' _ Lillian Riojas OItkYftUP'J
Priscilla Leal ,_ Mark Scott gli�
David Loeb ill
PASSED AND APPROVED this the 9 day of , 2013.
ATTEST: CITY OF CORPUS CHRISTI
lk,
Armando Chapa Nelda Martinez
City Secretary Mayor
EFFECTIVE DATE
1 5 5
070913 ORD Adding Art XIX Recycled Water as finally adopted 0 2 ' 1 Pg 19 of 19