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O688 Contigency and Emergency water management planMonday, February 24, 2020 MR. KEVIN WARD CHAIR, REGION C WATER PLANNING GROUP TRINITY RIVER AUTHORITY P.O. BOX 60 ARLINGTON, TX 76004 Dear Mr. Ward, A copy of the 2020 Drought Contingency and Emergency Water Management Plan for customers of the City of Kennedale is enclosed. I am submitting a copy of this plan to the Region C Water Planning Group in accordance with the Texas Water Development Board and Texas Commission on Environmental Quality rules. Sincerely, George Campbell City Manager City of Kennedale ORDINANCE NO. 688 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS ADOPTING AN UPDATED DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City is a party to wholesale water contracts with the cities of Fort Worth and Arlington; and WHEREAS, by virtue of the wholesale contracts, the City is required to adopt an updated drought contingency and emergency water plan and institute the same rationing and water use restrictions on City customers as do the cities of Fort Worth and Arlington; and WHEREAS, the City has drafted a "Drought Contingency and Emergency Water Management Plan" which complies with Chapter 288, Title 30 of the Texas Administrative Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. That the Drought Contingency and Emergency Water Management Plan attached as Exhibit "A" is hereby adopted and incorporated herein for all purposes. The Drought Contingency and Emergency Water Management Plan hereby adopted shall replace any previous such plans adopted by the City. SECTION 2. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of all existing ordinances of the City of Kennedale, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. SEVERABILITY CLAUSE That it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of cornpetent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. INCLUDING EXHIBIT "A", PAGE 1 OF 20 0688 CITY OF KENNEDALE, TX 2020 SECTION 4. EFFECTIVE DATE CLAUSE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THIS THE 21ST DAY OF JANUARY, 2020. ATTEST: CITY SECRETARY LESLIE E. GALLOWAY APPROVED AS TO FORM AND LEGALITY: CITYATTORNEY DREW CARKI APPROVED: MAYOR BRIAN JOHNSON EFFECTIVE DATE: INCLUDING EXHIBIT "A", PAGE 2 OF 20 0688 CITY OF KENNEDALE, TX 2020 EXHIBIT "A" Drought Contingency and Emergency Water Management Plan INCLUDING EXHIBIT "A", PAGE 3 OF 20 0688 CITY OF KENNEDALE, TX 2020 EST. 1887 YOU'RE HERE *YOUR HOME CITY OF KENNEDALE 405 MUNICIPAL DRIVE KENNEDALE, TEXAS 76060 PWS #2200017 CITY OF KENNEDALE, TX 2019 DROUGHTCONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN SUBMITTED FEBRUARY 2020 ADOPTED: JANUARY 21, 2020 EFFECTIVE: JANUARY 21, 2020 TABLE OF CONTENTS SECTION 1 INTRODUCTION AND OBJECTIVES 3 SECTION 2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES 3 SECTION 3 WATER SYSTEM PROFILE 3 SECTION 4 DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN4 4.1 PUBLIC INVOLVEMENT 4 4.2 PUBLIC EDUCATION 4 4.3 INITIATION AND TERMINATION OF DROUGHT AND EMERGENCY RESPONSE STAGES 4 4.4 MANDATORY YEAR ROUND WATERING RESTRICTIONS 4 4.5 INITIATION OF A DROUGHT/ EMERGENCY WATER MANAGEMENT STAGE 5 4.6 TERMINATION OF DROUGHT STAGE 5 SECTION 5 DROUGHT AND EMERGENCY RESPONSE STAGES 6 STAGE 1- WATER WATCH 6 5.1 TRIGGERING CONDITIONS FOR STAGE 1 6 5.2 TERMINATING CONDITIONS FOR STAGE 1 6 5.3 GOAL FOR USE REDUCTION FOR STAGE 1 6 5.4 ACTIONS AVAILABLE FOR STAGE 1 6 5.5 STAGE 1: ALL WATER USERS 6 5.6 STAGE 1: CITY AND LOCAL GOVERNMENTS 8 5.7 STAGE 1: COMMERCIAL OR INDUSTRIAL 9 STAGE 2 - WATER WARNING 9 5.8 TRIGGERING CONDITIONS FOR STAGE 2 9 5.9 TERMINATING CONDITIONS FOR STAGE 2 10 5.10 GOAL FOR USE REDUCTION FOR STAGE 2 10 5.11 ACTIONS AVAILABLE FOR STAGE 2 10 5.12 STAGE 2: ALL WATER USERS 10 5.13 STAGE 2: CITY AND LOCAL GOVERNMENTS 11 5.14 STAGE 2: COMMERCIAL OR INDUSTRIAL 11 STAGE 3 - EMERGENCY WATER USE 11 5.15 TRIGGERING CONDITIONS FOR STAGE 3 11 5.16 TERMINATING CONDITIONS FOR STAGE 3 12 5.17 GOALS FOR USE REDUCTION FOR STAGE 3 12 5.18 ACTIONS AVAILABLE FOR STAGE 3 12 5.19 STAGE 3: ALL WATER USERS 12 5.20 STAGE 3: CITY AND LOCAL GOVERNMENTS 13 5.21 STAGE 3: COMMERCIAL OR INDUSTRIAL 13 SECTION 6 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN 13 6.1 GROUNDS FOR GRANTING A VARIANCE 14 6.2 INFORMATION REQUIRED FORA VARIANCE REQUEST 14 6.3 REVOCATION OF A VARIANCE 14 SECTION 7 TERMS AND CONDITIONS 15 7.1 PROCEDURES FOR ENFORCING MANDATORY WATER USE MEASURES 15 7.2 COORDINATION WITH THE OTHER ENTITIES 15 7.3 REVIEW AND UPDATE OF DROUGHT CONTINGENCY PLAN 15 7.4 SEVERABILITY 15 7.5 DROUGHT CONTINGENCY PLAN DEFINITIONS 16 PAGE 2 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN SECTION 1 INTRODUCTION AND OBJECTIVES The purpose of this Drought Contingency and Emergency Water Management Plan (subsequently referred to as the Plan) is as follows: ■ To conserve the available water supply in times of drought and emergency ■ To maintain supplies for domestic water use, sanitation, and fire protection ■ To protect and preserve public health, welfare, and safety ■ To minimize the adverse impacts of water supply shortages ■ To minimize the adverse impacts of emergency water supply conditions. SECTION 2 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1(4) defines a drought contingency plan as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies." TCEQ rules governing development of and minimum requirements for drought contingency plans for municipal water suppliers and wholesale water suppliers are contained in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. SECTION 3 WATER SYSTEM PROFILE Kennedale owns and operates five groundwater wells that pump water from the Trinity aquifer; these wells can reliably deliver up to 1.8 MGD. The City may also purchase up to 2.5 MGD of treated surface water from the City of Fort Worth. Fort Worth purchases raw surface water from the Tarrant Regional Water District (TRWD). The Fort Worth surface water supply sources are: ■ West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport; (A pipeline connecting Eagle Mountain Lake to the East Texas supply is under construction.) ■ East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth; and Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth; and ■ Clear Fork of the Trinity River via Lake Benbrook. (A pipeline connects Lake Benbrook to the East Texas Supply.) Kennedale has 3,277 active retail service connections. In accordance with Section 2.3 of the wholesale water contract, the City of Kennedale is required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by Fort Worth. Kennedale maintains about 58 miles of distribution pipelines. PAGE 3 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN The water supply triggers defined in Section 4.4 were provided to Kennedale via Fort Worth and were developed by Tarrant Regional Water District. TRWD selected its triggers after hiring an outside consultant to evaluate where the triggers levels should be for the drought plan to achieve meaningful water savings. SECTION 4 DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN 4.1 PUBLIC INVOLVEMENT The City will afford an opportunity for the public to provide input into the preparation and/or amendment of the Plan by scheduling and providing notice of a public meeting. Notices will be posted on the City website and in the vestibule of City Hall located at 405 Municipal Drive, Kennedale, Texas. After the Plan is adopted, it will be available on the City's website in the Municode section (www.cityofkennedale.com/code). In addition, the Plan will be mailed to those who request a copy in writing. Written requests should be addressed to the Public Works Director, City of Kennedale, 405 Municipal Drive, Kennedale, Texas. 4.2 PUBLIC EDUCATION The City will periodically provide the public with information about the Plan, including when a stage of the Plan has been initiated or terminated, 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. This information may be provided by publication in the local newspaper, press releases, utility bill inserts, and the City's newsletter and website. 4.3 INITIATION AND TERMINATION OF DROUGHT AND EMERGENCY RESPONSE STAGES The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of Kennedale. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The Plan does not apply to locations using treated wastewater effluent, private wells or possessing their own water rights in the Trinity River; however, any pond, impoundment, body of water, or other water source that is supplemented, or has the ability to supplement supply, with potable water shall adhere to the provisions of this plan. The Plan may be applied to the entire city or geographic portions of the city as necessary. If the Plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features, such as city limits. 4.4 MANDATORY YEAR ROUND WATERING RESTRICTIONS The following restrictions are year round mandatory water conservation strategies that will be enforced even when no Drought Stage has been initiated. The exceptions noted in Stage 1 Drought restrictions also apply to the year round mandatory restrictions. ■ No outdoor watering with sprinklers or irrigation systems between 10 a.m. and 6 p.m. PAGE 4 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN ■ Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, and sports fields. - Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. All non-residential locations (apartment complexes, businesses, industries, parks, medians, etc.) may water on Tuesdays and Fridays 4.5 INITIATION OF A DROUGHT/ EMERGENCY WATER MANAGEMENT STAGE The City Manager or his/her duly appointed representative in consultation with the Arlington Director of Water Utilities will monitor water supply and City system demands on a daily basis and will determine when conditions warrant initiation or termination of each stage of the Plan. This information shall be provided to the public by some or all of the following methods: publication in the local newspaper, press releases, utility bill inserts, and/or the City's newsletter or website. Although each stage of the Plan will generally be implemented sequentially, when specific "triggers" are reached, the City Manager or his/her duly appointed representative in consultation with the Arlington Director of Water Utilities may initiate the Plan beginning at any stage. Conversely, the City Manager or his/her duly appointed representative is not required to initiate the Plan simply because a "trigger" was reached. Additional measures may be invoked whenever necessary, or if implementation of any stage of the Plan does not reduce demand enough to allow proper management of the system. The City has a Wholesale Water Purchase Contract with the City of Fort Worth and is required to initiate water restrictions at least as stringent as those initiated by the City of Fort Worth. Stages imposed by Tarrant Regional Water District (TRWD) action must be initiated by the City of Fort Worth and the City of Kennedale. 4.6 TERMINATION OF A DROUGHT STAGE The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities may order the termination of a drought response or water emergency stage when the conditions for termination are met or at their discretion. The public will be notified through local media, newsletter and the City of Kennedale Web site. The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. The City Manager or his designee in consultation with the Arlington Director of Water Utilities may choose to implement a phased out approach when exiting various stages to protect the integrity of the system. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of the drought stage. The reason for this decision should be documented. PAGE 5 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN SECTION 5 DROUGHT AND EMERGENCY RESPONSE STAGES STAGE 1- WATER WATCH 5.1 TRIGGERING CONDITIONS FOR STAGE 1 • Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. • Kennedale's water treatment or distribution system becomes contaminated. • Kennedale's water demand for all or part of the delivery system approaches delivery capacity. • Kennedale's water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD initiated Stage 1- Water Watch for one or more of the following reasons: - Total raw water supply in TRWD western and eastern division reservoirs drops below 75% (25% depleted) of conservation storage. - Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. - Water demand is projected to approach the limit of TRWD's permitted supply. - TRWD's supply source becomes contaminated. - TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. - The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 1 drought. 5.2 TERMINATING CONDITIONS FOR STAGE 1 Stage 1 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or above 85% for 90 consecutive days, whichever occurs first. 5.3 GOAL FOR USE REDUCTION FOR STAGE 1 The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances warrant or if required by TRWD, the City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities can set a goal for greater water use reduction. 5.4 ACTIONS AVAILABLE FOR STAGE 1 The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities must implement any action(s) required by the Tarrant Regional Water District. 5.5 STAGE 1: ALL WATER USERS Initiate mandatory restrictions to prohibit non -essential water use as follows: PAGE 6 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN • Discourage hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate health or safety hazard. This may include premises with raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments including restaurants and grocery stores may be washed to the extent necessary for sanitary purposes. These areas may also include: - Trash and dumpster areas - Areas around fuel pumps - Store front cleaning of areas with accumulated bird droppings, feathers and debris - Localized spot cleaning of parking areas to remove oil, grease buildup that may pose a health and safety issue. • Discourage hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. • Prohibit using water in such a manner as to allow runoff or other waste, including: - failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet; - operating a permanently installed irrigation system with: (a) a broken head; (b) a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is misting because of high water pressure; or - during irrigation, allowing water to (a) to run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b) to pond in a street or parking lot to a depth greater than one -quarter of an inch. - Allowing or causing an irrigation system or other lawn watering device to operate during any form of precipitation or when temperatures are at or below 32 degrees Fahrenheit. • Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m. • Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, and sports fields. - Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. - Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays. - All non-residential locations (apartment complexes, businesses, industries, parks, medians, etc.) may water on Tuesdays and Fridays. EXCEPTIONS: - Lawns and landscaping may be watered on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. - Water use necessary for the repair of an irrigation system, plumbing line, fountain, etc. in the presence of the person making the repair. - Outdoor watering at service addresses with large multi -station irrigation systems may take place in accordance with a variance granted by the Public Works Director, if the Public Works Director determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated PAGE 7 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN on different days. If approved, no station will be watered more than twice per week. - Establishing new turf is discouraged. If hydro mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that, the watering restrictions set forth in this stage apply. (This does not include over seeding with rye, or seasonal grasses, since turf already exist.) - Skinned areas of sports fields may be watered as needed for dust control. - Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events. Encouraged to reduce water use by five percent. - Public areas that are open to the public at -large and have a high impact from frequent use may be allowed additional watering, with a variance granted by the Public Works Director, if it is deemed to be beneficial to serve and protect the community amenity. Examples may include but are not limited to: outdoor amphitheaters, demonstration gardens, public art exhibitions, outdoor learning areas, arboretums, etc. • All users are encouraged to reduce the frequency of draining and refilling swimming pools. • All users are encouraged to use native and adapted drought tolerant plants in landscaping. • Washing of any motor vehicle, motorbike, boat, trailer, airplane, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a positive - pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial car wash or commercial service station. Companies with an automated on -site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. • Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk. 5.6 STAGE 1: CITY AND LOCAL GOVERNMENTS In addition to the actions listed above: • Review conditions and problems that caused Stage 1. Take corrective action. • Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Intensify leak detection and repair efforts. • Audit all city and local government irrigation systems to ensure proper condition, settings, and operation. • Identify and encourage voluntary reduction measures by high -volume water users through water use audits. PAGE 8 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN ■ Reduce non -essential water use. As used herein, non -essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. ■ The Fort Worth Water Director or his/her designee will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.3 of the uniform wholesale water contract. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by Fort Worth. 5.7 STAGE 1: COMMERCIAL OR INDUSTRIAL ■ All actions listed above for all water users apply to commercial and industrial users. ■ Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions. ■ Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. ■ Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels. ■ Car wash facilities must keep equipment in good working order, which should include regular inspections to be sure there are no leaks, broken or misdirected nozzles, and that all equipment is operating efficiently. ■ All commercial and industrial customers are encouraged to audit irrigation systems STAGE 2 - WATER WARNING 5.8 TRIGGERING CONDITIONS FOR STAGE 2 ■ Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. ■ Contamination of the water supply source(s) or water supply system. ■ Demand for all or part of the delivery system equals or exceeds delivery capacity because delivery capacity is inadequate. ■ Water supply system is unable to deliver water due to the failure or damage of major water system components. ■ TRWD initiated Stage 2 - Water Warning for one or more of the following reasons: - Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage. - Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. - Water demand is projected to approach the limit of TRWD's permitted supply. - TRWD's supply source becomes contaminated. - TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. - The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 2 drought. PAGE 9 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN 5.9 TERMINATING CONDITIONS FOR STAGE 2 Stage 2 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 75% of conservation storage capacity or remains at or above 70% for 30 consecutive days. 5.10 GOAL FOR USE REDUCTION FOR STAGE 2 The goal for water use reduction under Stage 2 - Water Warning is to decrease use by 10 percent. If circumstances warrant or if required by TRWD, the City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities can set a goal for greater water use reduction. 5.11 ACTIONS AVAILABLE FOR STAGE 2 The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities must implement any action(s) required by the Tarrant Regional Water District. • Continue actions under Stage 1. • Initiate engineering studies to evaluate water supply alternatives should conditions worsen. 5.12 STAGE 2: ALL WATER USERS • Limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each service address as determined by the Public Works Director. This includes landscape watering at parks, and sports fields. EXCEPTIONS: - Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. - Outdoor watering at service addresses with large multi -station irrigation systems may take place in accordance with a variance granted by the director of utilities, if the director determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days. If approved, no station will be watered more than once per week. - Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events. Encouraged to reduce water use by 10%. - All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. Variances granted for establishing new turf grass or landscaping will be for a maximum of 30 days from the date of approval. After that, the watering restrictions set forth in this stage apply. (This does not include over seeding with rye since turf already exists.) PAGE 10 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN • Discourage the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. • Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk. • Encourage the use of covers for all types of pools, hot tubs, and Jacuzzi type pools when not in use. 5.13 STAGE 2: CITY AND LOCAL GOVERNMENTS • Review conditions or problems that caused Stage 2. Take corrective action. • Increase frequency of media releases on water supply conditions. • Further accelerate public education efforts on ways to reduce water use. • Eliminate non -essential water use. As used herein, non -essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. • Prohibit wet street sweeping. • The Fort Worth Water Director or his/her designee will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.3 of the uniform wholesale water contract. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by Fort Worth. 5.14 STAGE 2: COMMERCIAL OR INDUSTRIAL • All actions listed above for all water users apply to commercial and industrial users. • Use of water from fire hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a variance issued by the Public Works Director. STAGE 3 - EMERGENCY WATER USE 5.15 TRIGGERING CONDITIONS FOR STAGE 3 • Water demand has reaches or exceeds 98% of reliable delivery capacity for one day. The delivery capacity could be citywide or in a specified portion of the system. • Contamination of the water supply source(s) or water supply system. • Demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • TRWD has initiated Stage 3 - Emergency Water Use, which may also be initiated by one or more of the following: - Total raw water supply in TRWD western and eastern division reservoirs drops below 45% (55% depleted) of conservation storage. - Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. - Water demand is projected to approach or exceed the limit of TRWD's permitted supply. PAGE 11 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN TRWD's supply source becomes contaminated. - TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. - The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 3 drought. 5.16 TERMINATING CONDITIONS FOR STAGE 3 Stage 3 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or above 55% for 30 consecutive days, whichever occurs first. 5.17 GOALS FOR USE REDUCTION FOR STAGE 3 The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by 20 percent. If circumstances warrant or if required by TRWD, the City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities can set a goal for a greater water use reduction. 5.18 ACTIONS AVAILABLE FOR STAGE 3 The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee in consultation with the Arlington Director of Water Utilities must implement any action(s) required by the Tarrant Regional Water District. ■ Continue or initiate any actions available under Stages 1 and 2. 5.19 STAGE 3: ALL WATER USERS ■ Prohibit landscape watering, including at parks and sports fields. EXCEPTIONS - Watering with hand-held hose, soaker hose or drip irrigation system may occur any day and any time. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials). - Watering of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events may be allowed to water by variance. A water management plan must be submitted to the Public Works Director detailing how each area will comply with stage 3 drought measures. • Prohibit establishment of new landscaping. Variances may be granted for those landscape projects started prior to the initiation of stage 3 drought restrictions. • Vehicle washing restricted to commercial car wash, commercial service station or a private on -site vehicle washing facility and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing is prohibited. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life. PAGE 12 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN ■ Prohibit the draining, filling, or refilling of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however they may not be refilled using automatic fill valves. ■ Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting with high-pressure equipment. Must be performed by a professional power washing service utilizing high efficiency equipment and a vacuum recovery system where possible. 5.20 STAGE 3: CITY AND LOCAL GOVERNMENTS In addition to actions listed above: ■ Continue or initiate any actions available under Stages 1 and 2. ■ Review conditions or problems that caused Stage 3. Take corrective action. ■ Implement viable alternative water supply strategies. ■ Increase frequency of media releases explaining emergency situation. ■ Reduce city and local government water use to maximum extent possible. ■ Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. ■ The Fort Worth Water Director will notify wholesale customers of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.3 of the uniform wholesale water contract. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by Fort Worth. 5.21 STAGE 3: COMMERCIAL OR INDUSTRIAL ■ All actions listed above for all water users apply to commercial and industrial users. ■ Hotels, restaurants, and bars required to serve drinking water to patrons on an "on demand" basis. ■ Hotels are required to implement laundry conservation measures by encouraging patrons to reuse linens and towels. ■ Stock at commercial plant nursery may be watered only with a hand-held hose, hand- held watering can, or drip irrigation system. ■ Commercial and industrial water users required to reduce water use by a set percentage determined by the Public Works Director. ■ Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a special permit issued by the Public Works Director. Fire hydrant use may be limited to only designated hydrants. SECTION 6 PROCEDURES FOR GRANTING VARIANCES TO THE PLAN Variances granted from any particular stage of the Plan will automatically expire when that particular stage is terminated and is no longer in effect. A variance is not automatically renewable; a subsequent re -initiation of a stage from which an applicant was previously granted a variance will require a new application and a new variance. PAGE 13 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN Avariance will not be re -issued to an applicant simply because that applicant had previously been granted that variance. Each application will be evaluated based on the conditions in place at the time that application is received, regardless of any previously granted variance. No variance will be retroactive or otherwise exempt an applicant from a violation of the Plan occurring prior to the issuance of the variance. 6.1 GROUNDS FOR GRANTING A VARIANCE The City Manager or his/her duly appointed representative in consultation with the Arlington Director of Water Utilities may grant temporary variances for water uses otherwise prohibited under this Plan only if all of the following conditions are met: 1) Granting the variance would not cause an immediate, significant reduction in the City's water supply; 2) Failure to approve the variance would result in an extreme hardship or need relating to health, safety or welfare of the applicant; 3) Granting the variance would not adversely affect the health, safety and welfare of other persons; and 4) The applicant signs a compliance agreement provided by the City Manager or his/her duly appointed representative in consultation with the Arlington Director of Water Utilities agreeing to use water only in the amount and manner approved by the variance. 6.2 INFORMATION REQUIRED FORA VARIANCE REQUEST Any application for variances must be in writing and must include the following information: 1) Name and address of applicant(s); 2) Purpose of water use and the amount of daily use; 3) Specific provisions from which relief is requested; 4) A detailed statement of the adverse effect of the provision from which relief is requested 5) A description of the relief requested; 6) The period of time for which the variance is sought; 7) Alternative measures that will be taken to reduce water use; 8) Methods of measurement and reporting to confirm water use reductions (if applicable); and 9) Any other pertinent information requested. Requests for a variance may be directed to the following address: City of Kennedale 405 Municipal Drive Kennedale, Texas 76060 6.3 REVOCATION OF A VARIANCE The City Manager or his/her duly appointed representative in consultation with the Arlington Water Utilities Director may revoke a variance when he or she determines that: ■ The conditions set out in Grounds for Granting a Variance, above, are not being met or are no longer applicable; ■ The terms of the compliance agreement have been violated; or PAGE 14 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN • Revocation is advisable to protect the health, safety, or welfare of the public or any person. SECTION 7 TERMS AND CONDITIONS 7.1 PROCEDURES FOR ENFORCING MANDATORY WATER USE MEASURES Mandatory water use restrictions are in place year round and additional restrictions may be imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by warnings and penalties as follows: • On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction. • On the second and subsequent violations, citations may be issued to customers, with minimum and maximum fines established by ordinance. • After three violations have occurred, the utility may cut off water service to the customer. 7.2 COORDINATION WITH THE OTHER ENTITIES The Texas Water Development Board established Regional Water Planning Groups pursuant to Senate Bill 1 (75th Texas Legislature) and made these groups responsible for the development of regional water management plans. The City has modeled this plan to be complimentary to the Fort Worth plan. The Fort Worth plan has been modeled to conform to TRWD requirements and also to be complimentary with other retail water suppliers in the region. 7.3 REVIEW AND UPDATE OF DROUGHT CONTINGENCY PLAN The City will review the Plan at least every five years, as required by Texas Commission on Environmental Quality rules. The Plan, or its sections, may be amended, revised or updated anytime it is appropriate to include new information. 7.4 SEVERABILITY It is hereby declared to be the intent of the City that the sections, paragraphs, sentences, clauses and phrases of this Plan are severable, and if any section, paragraph, sentence, clause or phrase of this Plan is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Plan, since the same would not have been enacted by the City without the incorporation into the Plan of any such unconstitutional section, paragraph, sentence, clause or phrase. PAGE 15 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN 7.5 DROUGHT CONTINGENCY PLAN DEFINITIONS TERM DEFINITION AESTHETIC WATER USE Water used for ornamental or decorative features such as fountains, reflecting pools, and water gardens. ALTERNATIVE WATER SOURCE Means water produced by a source other than a water treatment plan and in not considered potable. These sources can include, but are not limited to: reclaimed/recycled water, collected rain water, collected grey water, private well water. ATHLETIC FIELD A sports playing field, the essential feature of which is turf grass, used primarily for organized sports for schools, professional sports, or sanctioned league play. AUTOMATIC IRRIGATION SYSTEM A site specific system of delivering water generally for landscaping via a system of pipes or other conduits installed below ground that automatically cycles water use through water emitters to a preset program, whether on a designated timer or through manual operation. AQUATIC LIFE A vertebrate organism dependent upon an aquatic environment to sustain its life. CONSERVATION Those practices, techniques, and technologies that reduce water consumption; reduce the Toss or waste of water; improve the efficiency in water use; and increase the recycling and reuse of water so that supply is conserved and made available for other or future uses. CUSTOMER Any person, company, or organization using water supplied by TRWD or through an entity supplied by TRWD. DRIP IRRIGATION An irrigation system (drip, porous pipe, etc.) that applies water at a predetermined controlled low -flow levels directly to the roots of the plant DROUGHT CONTINGENCY PLAN A strategy or combination of strategies for temporary supply management and demand management responses to temporary or potentially recurring water supply shortages and other water supply emergencies. FOUNTAIN An artificially created jet, stream or flow of water, a structure, often decorative, from which a jet, stream or flow of water issues. HAND-HELD HOSE A hose physically held by one person, fitted with a manual or automatic shutoff nozzle. HAND WATERING The application of water for irrigation purposes through a hand-held watering hose, watering can, or bucket. HOSE -END SPRINKLER A device through which water flows from a hose to a sprinkler to water any lawn or landscape. HOSING To spray, water, or wash with a water hose. INDUSTRIAL WATER USE The use of water for or in connection with commercial or industrial activities, including but not limited to, manufacturing, bottling, brewing, food processing, scientific research and technology, recycling, production of concrete, asphalt, and cement, commercial uses of water for tourism, entertainment, and hotel or motel lodging, generation of power other than hydroelectric and other business activities. IRRIGATION SYSTEM A system of fixed pipes and water emitters that apply water to landscape plants or turf grass, including, but not limited to, in -ground and permanent irrigation systems. LAKE, LAGOON, OR POND Artificially created body of fresh or salt water. PAGE 16 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN LANDSCAPE IRRIGATION USE Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, right-of-ways, medians and entry ways. NEW LANDSCAPE Vegetation (a) installed during construction of a new house, multi -family dwelling, or commercial building; (b) installed as part of a governmental entity's capital improvement project; or (c) which alters more than one-half the area of an existing landscape. NON -ESSENTIAL WATER USE Water uses that are not required for the protection of public health, safety and welfare, such as: a. Irrigating landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan; b. Washing any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; except to alleviate a public health and safety issue; c. Washing any automobile, motorbike, boat (and/or trailer), airplane, or other vehicle except where required by law for safety and sanitary purposes. d.Washing buildings or structures for purposes other than immediate fire protection, or other uses provided under this plan; e. Filling, refilling, or adding to any swimming pools or Jacuzzi -type pools, except to maintain safe operating levels; f. Filling or operation of a fountain or pond for aesthetic or scenic purposes except when necessary to support aquatic life; g. Failure to repair a controllable leak within a reasonable time period after being directed to do so by formal notice; and h. Drawing from hydrants for construction purposes or any other purpose other than firefighting or protection of public drinking water supplies. PARK Non-residential or multi -family tract of land, other than a golf course, maintained by a city, private organization, or individual, as a place of beauty or public recreation and available for use to the general public. POWER/PRESSURE WASHER Machine that uses water or a water -based product applied at high pressure to clean impervious surfaces. PRESSURE WASHER (HIGH -EFFICIENCY) Machine that uses water or a water -based product applied at 1500 pounds per square inch (PSI) or greater. RECLAIMED WATER Municipal wastewater effluent that is given additional treatment and distributed for reuse in certain applications. Also referred to as recycled water. SOAKER HOSE A flexible hose that is designed to slowly emit water across the entire length and connect directly to a flexible hose or spigot. Does not include hose that by design or use sends a fine spray in the air. It is not considered drip irrigation. SPLASH PAD OR SPRAY PARK An area for water play that has no standing water. Typically, they utilize various spray nozzles which spray water in multiple directions. SWIMMING POOL Any structure, basin, chamber, or tank (including hot tubs) containing an artificial body of water for swimming, diving, or recreational bathing, and having a depth of two (2) feet or more at any point. VEGETABLE GARDEN Any non-commercial vegetable garden planted primarily for household use; "non-commercial" includes incidental direct selling of produce from such a vegetable garden to the public. WELL WATER Water that has been, or is, obtained from the ground by digging, boring, or drilling to access an underground aquifer. PAGE 17 OF 17 2019 CITY OF KENNEDALE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN