12/06/1999-CC-Agenda Packet-Work SessionAGENDA
CITY COUNCIL - WORKSHOP
MONDAY, DECEMBER 6,1999
201 BOLIVAR - COUNCIL CHAMBERS
6:00 P.M.
1. Call Meeting to Order.
2. Discussion Regarding Proposed Ordinance #11-22-99 -Back Flow, Cross Connections,
and Protection of the City's Potable Water Supply.
3. Adjourn.
4fl
Rosalie Chavez
Da a nd Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please
contact the City Secretary's office at (940) 458-7930 for further information.
December 2,1999
To: Mayor and Members of (City C".nuncl
From: Eddie Branham, Water Superintendent
Subject: Backflow Prevention Ordinance
I spoke with Jim Higleberg from TNRCC and he informed me that he has no reason for coming
from Austin to Sanger to explain this ordinance to the Council. He implied that the City has
been duly notified and we have a time frame of February 10, 2000 to comply. If the City does
not comply, it will result in an enforcement action of fines of $1000.00 a day until compliance
is met. The City has to adopt this Backflow prevention ordinance in order to comply with the
law.
Mr. Higleberg, was very specific in indicating that this is the law and all cities have to comply.
I also want to remind everyone that it has been reviewed by our City Attorney.
The law that references this is in the Health and Safety Code 341.031.Sect0on Cthrough
Section F, and the EPA Safe and Water Drinking Act. At this time. I am still trying to obtain
I copy for your review.
To: Honorable Mayor and City Council
From: Rose Chavez, City Secretary
Date, December 2, 1999
Subject: 6:00 Workshop
We will serve a light supper at the workshop.
MEMORANDUM
December 2,1999
To: Mayor and Members of City Council
From: Rose Chavez, City Secretary
Subject: Backflow Prevention Ordinance
The Ordinance is the same as the one in your packet for the last meeting. Please bring it to the
workshop.
Robert 1. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
John M. Baker, Commissioner
Jeffrey A. Saitas, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
August 12, 1999
Certified Letter # Z410745091
Return Receipt Requested
Honorable Tommy Kincade, Mayor
City of Sanger
P.O. Box 578
Sanger, Texas 76266
Re: Notice of Violation for the Compliance Evaluation Inspection at
City of Sanger, Denton County, Texas
ID # 0610006
Dear Mayor Kincade:
On July 26, 1999, Kelli Boren of the Texas Natural Resource Conservation Commission (TNRCC)
Region Office conducted an inspection of the above -referenced facility to evaluate compliance with
applicable public water supply requirements. During the inspection, some concerns were noted
which were alleged noncompliances that have been resolved through verbal notification and
subsequent corrective action. In addition, certain outstanding alleged violations were identified for
which a written reply is needed. Enclosed is a summary which lists the inspection findings. Please
submit a written response to this office addressing each of the outstanding alleged violations and
provide documentation by February 10, 2000, demonstrating that compliance has been achieved.
The TNRCC recognizes that the great majority of the regulated community wants to prevent
pollution and to comply with environmental laws. The TNRCC looks forward to working with you
to resolve these matters. If you complete the necessary corrective action and resolve the outstanding
alleged violations in a timely manner, we will not pursue further action for the alleged violations at
REPLY To.• REGION 4 • 1101 E. ARKANSAS LANE • ARLINCTON, TEXAS 76010-6499 • 817/469-6750 •FAX 817/795-2519
P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tnrcc.state.tx.us
printed on recycled paper using soy based ink
City of Sanger, ID # 0610000
page 2
August 12, 1999
this time. However, please note that if you fail to adequately respond, the TNRCC will consider
exercising the enforcement powers granted by the Legislature to carry out its mission to protect
human health and the environment.
If you or members of your staff have any questions regarding these matters, please feel free to
contact Ms. Kelli Boren in our Arlington Region Office at 817/469-6750.
Sincerely,
Sid Slocum
Manager, Water Section
Arlington Regional Office
Enclosures - Summary of Inspection Findings
Brochure "The TNRCC Has Inspected Your Business"
"Rules and Regulations for Public Water Systems"
"Appendix F: Sample Backflow Prevention Assembly Test and Maintenance Report"
"Appendix D: Sample Service Inspection Certification"
"Instructions for Developing a Sample Siting Plan"
"Potable Water Storage Tank Inspection Form "
cc: TNRCC-Austin
SUMMARY OF INSPECTION FINDINGS
Entity: City of Sanger TNRCC ID: 0610006 Inspection Date: 07/26/1999
OUTSTANDING ALLEGED VIOLATIONS
No.
Requirement(s)
Description of Alleged Violation
Compliance
Cited
Corrective Action Recommendation, and Compliance Documentation
Due Date
[1]
(§290.106(a)(1))
Failure to maintain a sample siting plan.
9/30/1999
Your water system must develop a sample siting plan. For your
convenience we have enclosed an explanation sheet. Retain the completed
plan and make it available for review by agency personnel at the time of
the annual survey.
Compliance documentation: Copy of up to date sample siting plan.Wy
/
�!
[2]
(§290.46(f)(1)
Failure to record daily chlorine residual tests.
9/30/1999
(2)(B))
Daily chlorine residual tests must be performed on water collected from
various locations within the distribution system. A record of these tests
and the sample location should be kept in your files for a minimum of 3
years.
Compliance documentation: Copy of four weeks chlorine residual
readings.
[3]
(§290.460))
Failure to complete customer service inspection certification prior to
9/30/1999
providing water service.
A customer service inspection certification must be completed prior to
providing continuous water service to new construction, on any existing
service when the water purveyor has reason to believe that cross -
connections or other unacceptable plumbing practices exist, or after any
material improvement, correction, or addition to the private plumbing
facilities.
Compliance documentation: Copy of completed customer service
inspection certification.
Entity: City of Sanger TNRCC ID: 0610006 Inspection Date: 07/26/1999
OUTSTANDING ALLEGED VIOLATIONS
No. Requirement(s) Description of Alleged Violation Compliance
Cited Corrective Action Recommendation, and Compliance Documentation Due Date
[4] (§290.44(h)) Failure to establish an adequate backflow prevention program. 2/10/2000
No water connection from any public drinking water supply system shall
be made to any establishment where an actual or potential contamination
or system hazard exists without an air gap separation between the drinking
water supply and the source of potential contamination. The containment
air gap is sometimes impractical and, instead, reliance must be placed on
individual "internal" air gaps or mechanical backflow prevention devices.
Under these conditions, additional protection shall be required at the meter
in the form of a backflow prevention device on those establishments
handling substances deleterious or hazardous to the public health. The
water purveyor need not require backflow protection at the water service
entrance if an adequate cross -connection control program is in effect that
includes an annual inspection and testing by a certified backflow
prevention device tester. It will be the responsibility of the water purveyor
to ensure that these requirements are met.
Compliance documentation: Copy of established backflow prevention
program.
[5] (§290.46(p)(1)) Failure to record annual ground storage and elevated storage tank 9/30/1999
(§290.46(p)) inspections.
Ground storage tanks must be inspected at least annually to determine that
the vents are in place and properly screened, the roof hatches closed and
locked, flap valves provide adequate protection against insects, rodents,
and other vermin, and that the interior and exterior coating systems are
continuing to provide adequate protection to all metal surfaces and that the
tank remains in a watertight condition.
The results of these inspections must be recorded and maintained for at
least five years. The records must be available for review by Commission
staff during annual sanitary surveys of the system.
To assist you in complying with this requirement, enclosed is an example
inspection report form.
Compliance documentation: Copy of completed tank inspection forms.
Entity: City of Sanger TNRCC ID: 0610006 Inspection Date: 07/26/1999
ALLEGED NONCOMPLIANCES NOTED AND CORRECTED
FF7P(§290a42(e)(�7))fFa1lure
nt(s) CiteDescription of Alleged Noncompliances Noted and Resolved
to equip chlorination rooms with both high and floor level vents.
The chlorination room must be equipped with both high level and floor level screened
vents. If the room contains more than one open 150 pound cylinder of chlorine, a fan
which is located at and draws air in through the top vent and discharges to the outside
atmosphere through the floor level vent must be provided, with the fan switch located
outside the enclosure.
Compliance documentation: Pictures received 8/2/1999.
[7] (§290.41(c)(3) Failure to provide proper concrete sealing block around well.
M)
The cracked concrete sealing block surrounding Well #2 must be repaired using a
flexible, nontoxic, waterproof compound or replaced with a properly reinforced and
installed sealing block.
J Compliance documentation: Picture received 8/2/1999.
[8] (§290.41(c)(3) Failure to seal wellhead.
(K))
Each wellhead must be sealed by the use of gaskets or a pliable crack -resistant caulking
compound.
JCompliance documentation: Picture received 8/2/1999.
[91 (§290.43(c)(3)) Failure to provide properly seated flap valve on overflows.
The ground elevated storage tanks must be provided with a properly designed overflow
pipe which is equipped with a hinged flap valve. The flap valve must seat properly with
a gap of no more than 1/16 inch.
fCompliance documentation: Picture received 8/2/1999.
[10] (§290.46(w)) Failure to post a sign at pump station V.
All community water systems must post a legible sign at each of its production,
treatment, and storage facilities. The sign must be located in plain view of the public and
must provide the name of the water supply and an emergency telephone number where a
responsible official can be contacted.
documentation: Picture received 8/2/1999.
DEC, 3.1999 10:56AM TNRCC WATER UTIL PDW
N0, 2563 P, 1
Protecting Texee
by Reducing and
Preventing Pollution
TO; Name
FROM:
NOTES;
Eddy:
Organization City of Saner
FAX Number (940) 4584180
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Name Jim Highberg,. R.S.
Division/Region Water Permits & Resources Mgt Div
Telephone Number (512) 239-6138
FAX Number
512) 239-6145
Attached is a copy of the information you requested.
If I can answer further questions give me a call.
NUMBER OF PAGES (fncludrng thrs coversheetl
DEC. 3.1999 10:56AM TNRCC WATER UTII PDW
Health and Safety Code - Chapter 341
N0.2563 P. 2
http://W W W'Capitol.state.txMs/statutes/codes/HS000095.html
Acts 1989, fist Leg., ch. 678, Sec. 1, eff. Sept. 11 1999,
SUBCHAPTER C. SANITARY STANDARDS OF DRINKING WATER; PROTECTION
OF PUBLIC
WATER SUPPLIES AND BODIES OF WATER
Sec. 341.031. Public Drinking Water.
(a) Public drinking water must be free from deleterious matter
and must comply with the standards established by the commission
or the United States Environmental Protection Agency. The
commission may adopt and enforce rules to implement the federal
Safe Drinking Water Act (42 U.S.C. Section 300f et seq.).
(b) zn a public place or an establishment catering to the public,
a common drinking cup may not be used.
(c) Drinking water may not be served except in sanitary
containers or through other sanitary mediums.
(d) In this section, °'common drinking cup°' means a water or other
beverage receptacle used for serving more than one person. The
term does not include a water or other beverage receptacle that
is properly washed and sterilized after each use.
Acts 1989, fist Leq., ch. 678, Sec. 1, eff. Sept. 1, 1989,
Amended by Acts 1993, 73rd Leg., ch. 353, Sec. 3, eff, Sept. 1,
1993; Acts 1997, 75t11 Leg., ch. 1010, Sec. 6.18, eff. Sept. 1,
1997.
Sec. 391,0315. Public Drinking Water Supply System Requirements.
(a) To preserve the public health, safety, and welfare, the
commission shall ensure that public drinking water supply
systems;
(1) supply safe drinking water in adequate quantities;
(2) are financially stable; and
(3) are technically sound.
(b) The commission shall encourage and promote the development
and use of regional and areawide drinking water supply systems.
(c) Each public drinking water supply system shall provide an
adequate and safe drinking water supply. The supply must meet
the requirements of Section 341.031 and commission rules.
(d) The commission shall consider compliance history in
determining issuance of new permits, renewal permits, and permit
amendments for a public drinking water system.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.19, eff. Sept. 1,
1997.
sec. 342,032, Drinking water Provided by Common Carrier.
(
a) Drinking water provided by a common carrier or the common
carriers agent shall be taken only from supplies certified as
meeting the standards established by the commission. The drinking �
water shall be kept and dispensed in a sanitary manner.
(b) A watering point must meet the standards of sanitation and
6 of 22 2/5/99 2:39 PM
DEC. 3.1999 10:56AM TNRCC DATER UTII PDW N0.2563 P. 3
Health anu oa,mty wuc = i,aywl .741 httpt//www.capitol.state.tx.us./statutes/codes/nS000095.htrnl
water -handling practices established for those purposes by the
commission. The commission shall certify each watering point that
meets those standards.
�— (c) If a sanitarydefect exists at the watering
g point, the
commission shall issue a supplemental certification showing that
the watering point is only provisionally approved. If a sanitary
defect continues after the expiration of a reasonable time
provided to correct the defect, the commission shall notify the
common carrier not to receive drinking water at the watering
point involved.
(d) In this section:
(1) "Common carrier" means d licensed firm, corporation, or
establishment that solicits and operates public freight or
passenger transportation service, including a vehicle employed
in that transportation service.
�.� (2) "Watering point" means a place where drinking water is
placed aboard a vehicle operated as a common carrier.
�ts 1969, 71st Leg., ch. 678, Sec. 11 eff. Sept. 1, 1989.
\tided by Acts 1995, 74th Leg., ch. 76, Sec. 11.12, eff. Sept.
1995.
Sec. 341.033. Protection of Public water Supplies.
(a) A person may not furnish drinking water to the public for a
charge unless the production, processing, treatment, and
distribution are at all times under the supervision of a water
supply system operator holding a valid certificate of competency
issued under Section 341.034.
(b) An owner, agent, manager, operator, or other person in
charge of a water supply system that furnishes water for public
or private use may not knowingly furnish contaminated drinking
water to a person or allow the appliances of the water supply
system to become unsanitary.
(c) The owner or manager of a water supply system furnishing
drinking water to at least 25,000 persons shall have the water
tested at least once daily to determine its sanitary quality and
shall submit monthly reports of the tests to the commission.
(d) The owner or manager of a water supply system furnishing
drinking water to less than 25,000 persons shall submit to the
commission during each monthly period of the system's operation
at least one specimen of water taken from the supply for
bacteriological analysis. The population under this subsection
shall be determined according to the most recent federal census
or other population -determining methods if a federal census is
not taken for the area served by the water supply system.
(e) The distribution system of a public drinking water supply
anA that of any other water supply may not be physically
connected unless the other water is of a safe and sanitary
quality and the commission approves the connection.
(f) A public drinking water supply may not be connected to a
sprinkling, condensing, Cooling, plumbing, or other system unless
the connection is designed to ensure against a backtlow or
siphonage of sewage or contaminated water into the drinking water
supply.
2/5/99 2:39 pM
DEC. 3. 1999 10:57AM.
Health anu 6acety uoae - Goapter )41
TNRCC WATER UTII PDW N0, 2563 P, 4
http://www, capito 1. state.tx.us,/starutes/codes/ ti�000095, html
for late payment of fees owed by persons who awn, operate, or
maintain public drinking water supply systems. Penalties and
interest established under this section may not exceed the rates
established for delinquent taxes under Sections 111.060 and
�- 111s061f Tax Code.
(c) Revenues collected by the commission under this subchapter
shall be deposited to the credit of the water resource management
account.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch, 333, Sec, 34, eff,
Sept. 1, 1997.
Sec. 391.096. Nonapplicability of Subchapter F.
Subchapter F does not apply to this subchapter.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1,
1993.
Sec. 391.097. Criminal Penalty.
(a) A person commits an offense if the person:
(1) violates a provision of Section 341.031;
(2) violates a provision of Section 341.032(a) or (b);
(3) violates a provision of Section 341.033(a)-(f);
(9) constructs a drinking water supply system without
submitting completed plans and specifications as required by
Section 341.035(c);
(5) begins construction of a drinking water supply system
without the commission's approval as required by Section
341.035(a);
[•F9
(6) violates a provision of Section 391.0351 or 391.0352;
(7) fails to remove a sign as required by Section 341.0359;
(8) violates a provision of Section 391.036.
(b) An offense under Subsection (a) is a Class C misdemeanor.
(c) If it is shown on a trial of the defendant that the
defendant has been convicted of an offense under Subsection (a)
within a year before the date on which the offense being tried
occurred, the subsequent offense under Subsection (a) is a Class
B misdemeanor.
(d) Each day of a continuing violation is a separate offense.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 11
1993. Amended by Acts 1997, 75th Leg., ch. 1010, Sec. 6.21, eff.
Sept. 1, 1997.
Sec. 391.098. Civil Enforcement.
(a) A person may not cause, suffer, allow, or permit a
violation of this subchapter or a rule or order adopted under
this subchapter.
2/5/99 2:39 PM
DEC, 3. 1999 10:57AM TNRCC WATER UTIL PDW N0. 2563 P. 5
Health ana z)atety t oae - Chapter 341 http://www.capitol,state.tx.us,/statutes/Codes/HS000095.html
and other investment proceeds in the account. The comptroller
shall release money from the account in the manner provided by
the commission. Money in the account may be used only for:
(1) capital improvements to the water or sewer system of a
utility that has paid fines or penalties under this chapter or
under Chapter 13, Water Code, that have been deposited in the
account; or
l2) capital improvements and operating and maintenance
expenses for a utility placed in receivership or under a
temporary manager under Section 13.4132, Water Code.
(d) Money used under Subsection (c)(1) far a utility's system
may not exceed the amount of the civil or administrative
penalties the utility has paid. Capital improvements made with
money from the account may not be considered as invested capital
of the utility for any purpose. If the utility is sold to
another owner, a portion of the sales price equivalent to the
percentage of the used and useful facilities that were
Cnnstrii_tc,d with mnnPY under Suhsoar.tl nn (cl (1 ) shall be
immediately distributed equally to the current customers of the
utility.
(e) Money used under Subsection (c)(2) may not be considered as
invested capital of the utility for any purpose.
'
Cion 13.002, Water Code.
\� Eby Acts 1997, 75th Leg., ch. 1010, Sec. 6.32, eff. Sept. 11
(f) In this section, "utility" has the meaning assigned by
Sec. 391.049. Administrative Penalty.
(a) If a person causes, suffers, allows, or permits a violation
of this subchapter or a rule or order adopted under this
subchapter, the commission may assess a penalty against that
person as provided by this section. The penalty shall not be
less than $50 nor more than $1,000 for each violation. Each day
of a continuing violation may be considered a separate violation.
(b) In determining the amount of the penalty, the commission
shall consider:
(1) the nature of the circumstances and the extent,
duration, and gravity of the prohibited acts or omissions;
(2) with respect to the alleged violator:
(A) the history and extent of previous violations;
(H} the degree of culpability, including whether the
violation was attributable to mechanical or electrical
failures and whether the violation could have been
reasonably anticipated and avoided;
(C) the person's demonstrated good faith, including
actions taken by the person to correct the cause of the
violation;
and
(D) any economic benefit gained through the violation;
(E) the amount necessary to deter future violation; and
2/5199 2:39 PIv1
DEC. 3. 1999 10:57AM TNRCC WATER UTIL PDW NO, 2563 P. 6
Health anu. a&. Ly tivw; - C uat,vci )mil http://www.capitol.state.tx.us.isLkituLos/codcsrr,o000095.htini
(2) if the person seeks judicial review of the fact of the
violation, the amount of the penalty, or both:
(A) forward the amount of the penalty to the commission
for placement in an escrow account; or
(H) post with the commission a supersedeas bond in a
form approved by the commission for the amount of the
penalty to be effective until all judicial review of the
order or decision is final.
(j) If the person charged fails to forward the money for escrow
or post the bond as provided by Subsection (i), the commission or
the executive director of the commission may refer the matter to
the attorney general for enforcement.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
(59), eff, Sept. 1, 19951 Acts 1997, 75th Leg., ch. 1010, Sec,
6.23, eff. Sept. 11 1997.
Sec. 391.050. Penalties Cumulative.
All penalties accruing under this subchapter are cumulative of
all other remedies, and a suit for recovery of any penalty does
not bar or affect the recovery of any other penalty or bar any
criminal prosecution against a person or any officer, director,
agent, or employee of that person.
Added by Acts 1993, 73rd Leg., ch. 353, Sec. 2, eff. Sept. 1,
1993.
SUBCHAPTER D. SANTTATTON AND SAFETY OF FACILITIES USED BY PUBLIC
Sec. 341.061. Toilet Facilities.
An operator, manager, or superintendent of a public building,
schoolhouse, theater, filling station, tourist court, bus
station, or tavern shall provide and maintain sanitary toilet
accommodations.
Acts 1989, 71st Leg., ch, 678, Sec. 1, eff. Sept. 1, 1989.
Sec, 391.062. Public Buildings.
A public building constructed after September 9, 1995, shall
incorporate the heating, ventilation, plumbing, and screening
features necessary to protect the public health and safety.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec, 391.063. Sanitation of Bus Line, Airline, and Coastwise vessel.
A person managing or operating a bus line or airline in this
state, or a person operating a coastwise vessel along the shores
of this state, shall maintain sanitary conditions in its
equipment and at all terminals or docking points.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 391.069. Swimming Pools and Bathhouses.
(a) An owner, manager, operator, or othez attendant in charge
�`- of a public swimming pool shall maintain the no in a sanitary
condition.
2/5/99 2:39 PM
0
a