R-01-03-22-12G5 - 3/22/2001WHEREAS, Williamson County Municipal Utility District No. 10
desires to acquire water and wastewater services from the City of Round
Rock, and
WHEREAS, the City Council has agreed to provide water and
wastewater services to Williamson County Municipal Utility District No.
10, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Water Supply and Wastewater Services Contract,
subject to the negotiation and final approval by the City Manager and
City Attorney, with Williamson County Municipal Utility District No.
10, a copy of said contract attached hereto and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
A T ST;
RESOLVED this 22nd day of M - -ch, 200
ROBE•T A. STL KA, JRlli
L/ /!1
J.EANNE City Secretar
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RESOLUTION NQ. RAN- 03- 22 -12G5
City of Round Rock, Texas
WATER SUPPLY AND WASTEWATER SERVICES CONTRACT
BETWEEN
WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10
AND
THE CITY OF ROUND ROCK, TEXAS
MUD 10, WandWW ContracLwpd/031901
TABLE OF CONTENTS
Page
ARTICLE I - DEFINITIONS AND EXHIBITS 1
1.01. Definitions 1
1.02. Exhibits 3
ARTICLE II - WATER SUPPLY 3
2.01. Water Supply Services 3
2.02. Sole Source; Resale 3
2.03. Metering of All Water Delivered 3
2.04. Reading of Metering Equipment 4
2.05. Standard of Service 4
2.06. Water Conservation Plan 4
2.07. On -Site Utilities 4
2.08. Golf Course Irrigation 5
2.09. Other Irrigation 5
2.10. Inspections 5
ARTICLE III - WASTEWATER TREATMENT 5
3.01. Agreement to Provide Wastewater Services 5
3.02. Standard of Service 5
3.03. Wastewater Discharge Rules 6
ARTICLE IV - OFF -SITE FACILITIES 6
4.01. Utility Plan 6
4.02. Oversizing of Off -Site Facilities 6
4.03. Ownership, Operation and Maintenance of Off -Site Facilities 6
ARTICLE V WATER AND WASTEWATER CHARGES 6
5.01. Capital Recovery 6
5.02. Wholesale Water and Wastewater Rates 7
5.03. Rate Increases 7
5.04. Billings 7
5.05. Payment 7
5.06. Inspections 7
ARTICLE VI - TERM AND TERMINATION 8
6.01. Tenn 8
6.02. Termination upon Annexation of the District 8
ARTICLE VII - MISCELLANEOUS 8
7.01. Successors 8
7.02. Force Majeure 8
MUD 10; WandW W Contract wpd /031901 1
7.03. Law Governing 8
7.04. Addresses and Notice 8
7.05. Merger and Modification 9
7.06. Severability 9
7.07. No Third Party Beneficiaries 10
7.08. Counterparts 10
MUD 10, WandWW Contract.wpd/031901 ii
WATER SUPPLY AND WASTEWATER SERVICES CONTRACT
This WATER SUPPLY AND WASTEWATER SERVICES CONTRACT ( "Contract ") is
entered into between WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 10
( "District No. 10 ") and THE CITY OF ROUND ROCK, TEXAS (the "City").
Recitals
A. NNP Teravista, L.P., a Texas limited partnership formerly known as Newland -Round
Rock Associates, L.P.( "Newland "), is in the process of developing land that it owns or has
contracted to purchase as a master - planned, mixed -use community currently referred to as
"Teravista ", which will include industrial, commercial and residential uses, together with park and
recreational facilities, including a golf course, to serve the community.
B. The City is a municipal corporation that provides a full -range of governmental
services to its citizens. The City owns and operates water production and distribution facilities and
wastewater collection facilities and receives wastewater treatment through regional wastewater
treatment facilities owned and operated by an alliance of the Lower Colorado River Authority and
the Brazos River Authority. The City has consented to the creation of District No. 10 and
Williamson County Municipal Utility District No. 11 ( "District No. 11 ") (collectively, "the
Districts ") over the portion of Teravista that is within the City's extraterritorial jurisdiction (the
"Tracts "), and has agreed to provide wholesale water and wastewater services to the Districts.
C. The creation of the District has been approved by the Texas Natural Resource
Conservation Commission and confirmed by voters within the District. The District will construct,
finance, own, and operate a water distribution system, a wastewater collection system, and a storm
drainage system to serve the portions of the Tracts within its boundaries.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained herein, the City and District No. 10 agree as follows:
ARTICLE I
DEFINITIONS AND EXHIBITS
1.01. Definitions. The following words, as used in this Contract, have the following meanings:
City means the City of Round Rock, Texas.
City Water System means all the water production pumps, lines, meters, components,
facilities, and equipment owned and used by the City to pump, treat, monitor, convey,
contain, and distribute water to the public.
MUD 10; WandWW ContracLwpd/031901 UTILITY AGREEMENT/ Page 1
City Wastewater System means all the wastewater collection facilities, lines, components and
equipment owned and used by the City to collect, contain, convey, treat, monitor, regulate,
and dispose of wastewater, together with the City's rights to wastewater collection and
treatment capacity in any regional wastewater facilities.
Concept Plan means the concept plan governing the development of the Tracts, which was
approved by the City, as amended from time to time.
District No. 10 or the District means Williamson County Municipal Utility District No. 10.
District No. 11 means Williamson County Municipal Utility District No. 11.
Districts means Williamson County Municipal Utility District No. 10 and Williamson
County Municipal Utility District No. 11.
District Water System means the water distribution system, including all master meters, to
be constructed to serve District No. 10, exclusive of the Off -Site Facilities.
District Wastewater System means the wastewater system to be constructed to serve District
No. 10, exclusive of the Off -Site Facilities.
Force majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of
the public enemy, orders of any kind of the govemment of the United States or the State of
Texas or any civil or military authority other than a party to this Contract, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods,
washouts, drought, arrests, restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure
of Water supply resulting in an inability to provide Water or any other inabilities which are
not within the control of the party claiming the inability and which the party could not have
avoided by the exercise of due diligence and care.
Impact Fee means a charge imposed by the City under Chapter 395, Local Government
Code, against new development to generate revenues for funding or recouping the costs of
capital improvements to the City's Water and Wastewater Systems.
Newland means NNP Teravista, L.P., a Texas limited partnership formerly known as
Newland -Round Rock Associates, L.P., its successors and assigns.
Off - Site Facilities means the Water and Wastewater facilities to be constructed in order to
extend the City Water and/or Wastewater System to the boundaries ofthe Districts, including
the easements in which the facilities are located.
MUD 10; WandWW Contract.wpd/031901 UTILITY AGREEMENT/ Page 2
Point(s) ofDelivery means, for Water Service, the point or points at which the City delivers
Water to the District Water System and, for Wastewater Service, the point or points at which
the City accepts Wastewater from the District Wastewater System.
Wastewater means water - carried wastes, exclusive of ground, surface, and storm waters,
normally discharged from the sanitary conveniences of dwellings, apartment houses, hotels,
office buildings, institutions and other commercial or industrial buildings.
Wastewater Services means the services provided by the City in receiving, transporting,
treating, testing, and disposing of Wastewater received from the District.
Water means potable water that meets federal and state standards for human consumption
and other domestic use.
Water Supply Services means the services provided by the City in treating, pumping,
transporting, and delivering Water to the District.
1.02. Exhibits. The following exhibits are attached to this Contract and incorporated herein for
all purposes:
Exhibit A - Utility Plan, including Off -Site Facilities and Points of Delivery
Exhibit B - Water Conservation Plan
Exhibit C - Wastewater Discharge Regulations
ARTICLE II
WATER SUPPLY
2.01. Water Supply Services. The City agrees to sell and deliver to the District, at the Point or
Points of Delivery, all Water that may reasonably be required by users within the District for
domestic and commercial uses. Water will be supplied from the City Water System, as
extended by the Off -Site Facilities, to the Points of Delivery for the District indicated on the
utility plan attached as Exhibit A, and any other Points of Delivery designated by the
District's engineer and approved by the City. Title to all Water delivered to the District will
remain in the City to each Point of Delivery and, upon passing through a Point of Delivery,
title will pass to the District. The District will construct, finance, and own its District Water
System, and will be responsible for operating and maintaining the facilities that comprise its
District Water System, as well as meter reading and billing its customers.
2.02. Sole Source; Resale. The City will be the sole source of potable Water to the District, and,
except as provided in Section 2.07, the District agrees not to seek to develop its own potable
Water supply, unless the City fails to meet its Water supply obligations under this Contract.
MUD 10; Wandww Contract.wpd/031901 UTILITY AGREEMENT/ Page 3
The District may not sell or deliver Water to any customer outside the boundaries of the
District without the prior approval of the City.
2.03. Metering of All Water Delivered. All Water delivered to the District will be measured by
a master meter installed at each Point of Delivery. The District will be responsible for
installing and maintaining all required master meters at its sole expense. The District will
calibrate its master meters once every 12 months, or more frequently upon the City's request;
however, the cost of the calibration will be borne by the City if the City requests calibration
more frequently than once every 12 months. The District will notify the City at least three
days before any calibration, and the City will have the right to have a representative present
during the calibration. Any meter registering within three percent of the test result will be
deemed to be accurate; any inaccurate meter will be adjusted as provided in Section 2.04.
All master meters will remain the property of the District, but the City will be given access
to the metering equipment during regular business hours. No adjustments to or physical
alteration of any component of the District Water System, including the master meters and
valves, will be made by the City without the District's prior written consent.
2.04. Reading of Metering Equipment. All master meters will be read by the City at Least once
during each monthly billing cycle. The District will read all District master meters daily
during the period between June 15 and September 15, and, during the remainder of year, will
read all master meters daily except on weekends and State and Federal holidays. If, at any
time, the District's water loss exceeds 15%, the District will read the master meters daily.
The District will provide the City with a copy of these daily meter readings on a monthly
basis. If any meter fails to register for any period or is determined to have registered
inaccurately, the amount of Water furnished during that period will be deemed to be the
amount of Water delivered during the corresponding period immediately preceding the
failure, subject to reasonable adjustment for seasonal and climatic conditions, or the City and
the District may agree to another method of estimating the usage.
2.05. Standard of Service. The Water Supply Services provided to the District by the City will
be nondiscriminatory, and consistent with the City's policies, ordinances and regulations for
the provision of wholesale Water service. Service to the District may be limited by the City
only in the same manner and to the same extent that Water service is limited inside the City's
corporate limits. If there is a shortage of Water, the supply of Water to the District may be
reduced by the City only in the same proportion and manner as Water supply is reduced to
the City's other customers. The quality of Water provided to the District will be the same
as the quality of Water provided by the City inside the City's corporate limits.
2.06. Water Conservation Plan. Within 90 days of (i) the date upon which the District begins
operation of its District Water System, or (ii) the effective date ofthis Agreement, whichever
occurs last, the District will adopt a water conservation plan no less stringent than the City's
current water conservation plan applicable to customers within the City's corporate limits,
a copy of which is attached as Exhibit B. The City will give the District written notice of
any amendment of the City's water conservation plan that the City requires the District to
MUD 10; WandWW Contractwpd/031901 UTILITY AGREEMENT/ Page 4
adopt and, within 60 days after such notice, the District will amend its water conservation
plan to incorporate that amendment.
2.07. On -Site Utilities. Anything herein to the contrary notwithstanding, the City agrees that
existing buildings located within the District, temporary residences established to provide
housing for residents who will participate in the District's elections, and any remote golf
course restrooms that cannot readily be served through the District's Water or Wastewater
Systems may be provided with Water through on -site water wells and Wastewater through
on -site sewerage systems on an interim basis until adjacent development justifies the
extension of Water and Wastewater facilities to the sites. Facilities being served through
such on -site systems may not be connected to the City Water System or the City Wastewater
System.
2.08. Golf Course Irrigation. City Water may not be used for permanent, sole source irrigation
of the Teravista golf course without prior City approval. Water from any other source,
including ground water from on -site or off -site wells or reclaimed water, may be used for
permanent irrigation for the golf course. The City will not object to the use of Water from
these sources for golf course irrigation.
2.09. Other Irrigation. Ground water from on -site or off -site wells or reclaimed water may be
used to irrigate parks, greenbelts or open spaces within the District. The City will not object
to the use of Water from these sources for park, greenbelt or open space irrigation.
2.10. Inspections. The City may conduct periodic inspections of the District Water System. To
the extent permitted by law and existing easements held by the District, the City may enter
onto the property of the District's customers for purposes of inspecting connections to the
District Water System. All such inspections will be at the City's sole cost. If the City has
reasonable grounds to believe that any condition exists that would result in contamination
of the City's Water supply or otherwise jeopardize any certifications of the City Water
System, the City will give written notice to the District, specifically identifying the
conditions in question, and the District will promptly take action to correct the condition.
ARTICLE III
WASTEWATER TREATMENT
3.01. Agreement to Provide Wastewater Services. The City agrees to accept, treat and dispose
of all Wastewater that is generated by users within the District, collected by the District and
delivered to the Point or Points of Delivery into the City Wastewater System indicated on
the utility plan attached as Exhibit A, and any other Points of Delivery designated by the
District's engineer and approved by the City. The City will maintain adequate Wastewater
treatment and collection capacity at all times to serve the customers within the District at the
same level that the City supplies Wastewater services to customers within the City. Title to
all Wastewater collected from the District will remain in the District to the Point of Delivery
and, upon passing through a Point of Delivery, title will pass to the City.
MUD 10; WandWW Contract.wpol031901 UTILITY AGREEMENT/ Page 5
3.02. Standard of Service. The Wastewater Supply Services provided to the District by the City
will be nondiscriminatory, and consistent with the City's policies, ordinances and regulations
for the provision of wholesale Wastewater service. Service to the District maybe limited by
the City only in the same manner and to the same extent that Wastewater service is limited
inside the City's corporate limits. If there is a shortage of Wastewater collection and
treatment capacity, the supply of Wastewater treatment and collection services provided to
the District may be reduced by the City only in the same proportion and manner as those
services are reduced to the City's other customers.
3.03. Wastewater Discharge Rules. Within 90 days of (i) the date the District begins operation
of its District Wastewater System or (ii) the effective date of this Agreement, whichever
occurs last, the District will adopt regulations applicable to discharges into the District
Wastewater System that are no less stringent than the City's current regulations applicable
to Wastewater discharges within the City's corporate limits, a copy of which is attached as
Exhibit C.
ARTICLE IV
OFF -SITE FACILITIES
4.01. Utility Plan. The City has accepted the preliminary routing and sizing for the Off -Site
Facilities shown on the utility plan attached as Exhibit A.
4.02. Oversizing of Off - Site Facilities. Except as provided in the Development Agreement
between the City and Newland dated September 10, 1998, and the Interlocal Agreement
Regarding Oversizing of Water Main between the City and Williamson County Municipal
Utility District No. 10 dated effective May 22, 2000, no oversizing or cost participation in
oversizing of facilities will be required of the District or Newland, unless additional
oversizing is required due to a change in the utility requirements or density of development
for Teravista above those projected in the utility plan attached to this contract as Exhibit A
or a change in the required utility infrastructure resulting from an error in the utility plan.
The forgoing notwithstanding, the City may oversize facilities at its own cost.
4.03. Ownership, Operation and Maintenance of Off - Site Facilities. All Off - Site Facilities will
be conveyed to the City for ownership, operation and maintenance, subject, however, to (a) a
reservation of capacity on behalf of the Districts as required for service to Teravista, and
(b) Newland's right to reimbursement for the cost of the facilities from the Districts. The
City agrees to accept these Off -Site Facilities for operation and maintenance upon
completion of construction and delivery of the required one -year maintenance bonds.
MUD 10; WandW W Contract.wpd/031901 UTILITY AGREEMENT/ Page 6
ARTICLE V
WATER AND WASTEWATER CHARGES
5.01. Impact Fees. The District agrees to collect City Impact Fees established under applicable
City ordinances for the purchase of permanent water and wastewater capacity to serve the
land within the District. Applicable fees will be collected by the District at the time of
issuance of each tap, and the collected fees paid to the City on a monthly basis. As of the
date of this Agreement, the City's Impact Fees are $2,345 per living unit equivalent for
Water and $1,500 per living unit equivalent for Wastewater. The District will also collect
and remit to the City an additional Impact Fee of $150 per living unit equivalent for Water
and $150 per living unit equivalent for Wastewater ( "LUE Fees ") for so long as the City
continues to collect service -area -wide LUE oversize fees under existing Sections 8.610(h)
and 8.611(h) of the City's Subdivision Ordinance. The foregoing notwithstanding, the
District will not be required to remit LUE Fees from any developer or homebuilder that is
entitled to credits resulting from the purchase of capacity in the City's Water and/or
Wastewater Systems through participation in constructing or oversizing improvements to the
City's Water or Wastewater Systems. Upon the payment of the Impact Fees and LUE Fees
described in this Article, the District will have a permanent guaranteed reservation and
commitment of capacity in the City Water System and the City Wastewater System for the
living unit equivalents for which these fees have been paid.
5.02. Wholesale Water and Wastewater Rates. The City will provide wholesale Water and
Wastewater service to the District for cost -of- service Water and Wastewater rates. The
initial rate to be charged by the City to the District for Water supplied under this Contract
will be $2.36 per 1,000 gallons, and for Wastewater accepted and treated will be $3.03 per
1,000 gallons. These rates will be subject to adjustment, on an annual basis, beginning one
year from the date of this Contract, by ordinance adopted by the Round Rock City Council.
Any rate adjustments proposed will be reasonable and non - discriminatory. In the future, the
wholesale rates to the District may consist of two rate components, a demand charge and a
volumetric charge.
5.03. Rate Increases. The City agrees to give the District at least 30 days written notice prior to
the effective date of any change in its Impact Fees or Water and Wastewater rates, in order
to enable the District to timely adjust the rates and fees charged to the District's customers.
5.04. Billings. The City will bill the District for Water Supply Services and Wastewater Services
in accordance with the City's normal utility service regulations applicable to other City
utility customers, and will provide the District with a monthly, itemized statement of the
amount of Water furnished at each Point of Delivery during the billing period. Unless the
District and the City agree on an alternate methodology, (i) until such time as the District is
50% built -out, the City will bill the District for Wastewater on the basis of the District's
average monthly Water usage during the prior December, January and February, exclusive
of Water used for irrigation purposes that is measured by the District through dedicated
irrigation meters, or on the basis of 70% of the District's current monthly Water bill,
exclusive of Water used for irrigation purposes that is measured by the District through
MUD 10; WandWW Connactwpd/031901 UTILITY AGREEMENT/ Page 7
dedicated irrigation meters, whichever is more; (ii) at such time as the District is 50% built -
out, the City will bill the District for wastewater on the basis of the District's average
monthly Water usage during the prior December, January and February, exclusive of Water
used for irrigation purposes that is measured by the District through dedicated irrigation
meters or on the basis of the District's current monthly Water bill, whichever is less. Until
the District has established a history of Water usage for the months of December, January
and February, the City will bill the District for Wastewater based upon 70% of the District's
current monthly Water usage, exclusive of Water used for irrigation purposes that is
measured by the District through dedicated irrigation meters.
5.05. Payment. The District will make payment to the City for Water Supply Services and
Wastewater Services rendered under this Contract in accordance with the City's normal
utility service regulations applicable to other City utility customers.
5.06. Inspections. No City internal plumbing inspections will be required or conducted for
the District Water System or the District Wastewater System, and no related inspection fees
will be assessed by the City. The District will inspect all water and wastewater utility
connections within its boundaries and will provide any required certificates to the City.
ARTICLE VI
TERM AND TERMINATION
6.01. Term. This Contract will take effect on the date the last party signs ( "Effective Date "), and
remain in effect for an initial term of 40 years from the Effective Date. Thereafter, this
Contract will automatically be renewed for consecutive 10 -year terms, unless terminated as
provided herein.
6.02. Termination upon Annexation of the District. This Contract will automatically terminate
as to the District on the date the District is annexed by the City and dissolved. The City
agrees that it will not annex the District until (i) water, wastewater and drainage facilities
have been completed to serve at least 90% of the developable acreage within the District; and
(ii) (a) Newland has been reimbursed for the water, wastewater and drainage facilities within
the District in accordance with the rules of the Texas Natural Resource Conservation
Commission or (b) the City has expressly assumed the obligation to reimburse Newland
under those rules.
ARTICLE VII
MISCELLANEOUS
7.01. Successors. This Contract will inure to the benefit of, and be binding upon, the successors
or assigns of the parties hereto.
MUD 10; wand W W Contract.wpd /031901 UTILITY AGREEMENT/ Page 8
7.02. Force Majeure. If any party is rendered unable, wholly or in part, by force majeure to carry
out any of its obligations under this Contract, then the obligations of that party, to the extent
affected by force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, will be suspended during the continuance of the
inability, but for no longer period. Any party whose contractual obligations are affected by
force majeure must promptly give notice and full particulars of the force majeure to the
other party. The settlement of strikes and lockouts will be entirely within the discretion of
the party having the difficulty.
7.03. Law Governing. This Contract will be governed by the laws of the State of Texas and
venue will lie in a court of competent jurisdiction located in Williamson County, Texas.
7.04. Addresses and Notice. Any notice or other communication (collectively, "Notice ") given
under this Contract must be in writing and may be given by depositing the same in the
United States mail postpaid, certified and addressed to the party to be notified, with return
receipt requested, or by delivering the same to such party, addressed to the party to be
notified. Notice deposited in the mail in the manner described above will be conclusively
deemed to be effective three days after it is deposited. Notice given in any such other manner
will be effective when received by the party to be notified. For the purpose of Notice,
addresses of the parties will, until changed as provided herein, be as follows:
ROUND ROCK: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Attn: City Manager
With Required Copy to: Brown McCarroll Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664 -5264
Attn: Mr. Steve Sheets
DISTRICT: Williamson County Municipal Utility District No. 10
c/o Vinson and Elkins L.L.P.
1001 Fannin, Suite 2300
Houston, Texas 77002 -6760
Attn: Mr. James A. Boone
With Required Copies to: NNP Teravista, L.P.
P. O. Box 1268
Round Rock, Texas 78680 -1268
Attn: Mr. Jim Powell
MUD 10; wandW W contract.wpd/031901 UTILITY AGREEMENT/ Page 9
And to:
And to:
Newland Communities
9404 Genesee Avenue, Suite 230
La Jolla, California 92037
Attn: Chief Executive Officer
Armbrust Brown & Davis, L.L.P.
100 Congress Avenue, Suite 1300
Austin, Texas 78701
Attn: Sue Brooks Littlefield
The parties may, from time to time and at any time, change their respective addresses by at
least 15 days' written notice to the other.
7.05. Merger and Modification. This Contract, including the Exhibits that are attached hereto
and incorporated herein for all purposes, embodies the entire agreement between the parties
relative to the Water Supply Services and Wastewater Services to be provided by the City
to the District. This Contract may be changed or modified only with the written mutual
consent of the parties.
7.06. Severability. The provisions of this Contract are severable, and if any part of this Contract
or the application thereof to any person or circumstances is ever be held by any court of
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Contract and the application of part of this Contract to other persons or circumstances will
not be affected.
7.07. No Third Party Beneficiaries. This Contract is for the benefit of the City, Newland, and
the District only, and will not be construed to confer any benefit on any other person or
entity.
7.08. Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which will be deemed an original, but all of which will constitute one
and the same instrument.
MUD 10, WandWW Contract.wpd /031901 UTILITY AGREEMENT/ Page 10
IN WITNESS WHEREOF, the undersigned parties have executed this Contract on the dates
indicated below.
ATTEST:
aLlA7/t0 n2ib0
4eapaie-bedit Secretary
Date:
Stephan . Sheets, City Attorney
MUD 10; WandWW Contract wpd/031901
WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 10
B :
CITY OF ROUND ROCK
4
By: pi ;( A 41
Robe' tluka, Mayor
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Date: LY -0/
UTILITY AGREEMENT/ Page 11
EXHIBIT A
UTILITY PLAN, INCLUDING POINTS OF DELIVERY
MUD 10; WandWW Contract.wpd/031901 UTILITY AGREEMENT/ Page 12
EXHIBIT B
WATER CONSERVATION PLAN
MUD 10; WandWW Cont actwpd/03190I UTILITY AGREEMENT/ Page 13
EXHIBIT C
WASTEWATER DISCHARGE REGULATION
MUD 10; WandWW Contract.wpd/031901 UTILITY AGREEMENT/ Page 14
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CHAPTER 10: UTALITIES Page 51 of 54
(e) Has violated any other provision of this Section.
(Ordinance No. G- 98- 03- 12 -9B1 of March 12, 1998)
1. Limits for metals based on unfiltered samples
SECTION 10.800 EMERGENCY AND PEAK DAY WATER USE MANAGEMENT PLAN -
10.801 SCOPE
The regulations adopted in this Section shall be referred to as the Emergency and Peak Day Water Use Management Plan.
10.802 DECLARATION OF POLICY
It is declared that, because safe and high - quality drinking water is a precious resource, the general welfare requires that the
water resources available to the city be put to the maximum beneficial use, and that the waste or unreasonable use of water be
prevented, and the conservation of water is to be encouraged with a view to its reasonable and beneficial use in the interests
of the people of the city and for the public health, safety, and welfare.
10.803 IMPLEMENTATION
The City Manager, or the Managers designee, upon the recommendation of the Director of Public Works, may implement the
applicable provisions of this section upon his or her determination that the implementation is necessary to protect the public
health, safety, and welfare.
10.804 APPLICATION
The provisions of this section shall apply to all persons, customers, and owners of property who use or allow the use of city
water, wherever situated.
10.805 CONSERVATION STAGES
(1) Compliance; Guidelines
(a) No customer of the city water and wastewater utility, nor any person who uses or purchases water from the city water and
wastewater utility, may knowingly make, cause, use, or permit the use of water received from the city for residential,
commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this section,
or in an amount greater than that use permitted by the conservation stage in effect under action taken by the City Manager, or
his designee, in accordance with this section.
(b) Except as provided herein by Subsection 10.805(3) governing Stage 2 Mandatory Water Use Management, the Stage 1
Use Management criteria shall be in effect from May 1st to September 30th of each year. The Director of Public Works shall
promulgate guidelines that set forth the criteria for determining when the other conservation stages are to be implemented and
terminated. The Director of Public Works shall update the guidelines when, in the opinion of the Director of Public Works,
changed conditions of the utility system require the update. The Director of Public Works shall include in such guidelines a
calendar symbol system designating allowed days for outdoor water use by customers. The guidelines shall be available for
inspection at the City Secretary's office and the Utility Billing's offices during normal business hours.
(2) Stage 1 Peak Day Water Use Management
(a) Customers of the city water and wastewater utility, and any person who obtains water directly or indirectly from the city,
are expected to voluntarily limit the amount of water used from May 1st to September 30th of each year to that amount
essential for health, business, and outdoor water use, by complying with subparts (a) and (1) of the following Subsection
10.805(3) goveming Stage 2 Mandatory Water Use Management.
(3) Stage 2 Mandatory Water Use Management
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From May 1st to September 30th of each year when there is an announcement of Stage 2 by the City Manager, the following
restrictions apply to all customers of, or persons who use water directly or indirectly from the city (except those customers
who use treated wastewater effluent or raw water), for the uses described below:
(a) All outdoor irrigation by hose end sprinklers, soaker hoses, or drip irrigation may occur only on a designated outdoor
water use day and only between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. to 12:00
midnight. All outdoor irrigation of vegetation by permanently installed automatic irrigation systems may occur only between
the hours of 12:00 midnight to 10:00 a.m. on designated outdoor water use days. Irrigation by hand -held hoses or hand -held
buckets is permitted anytime. The time restrictions do not apply to the irrigation of commercial plant nurseries; however,
these establishments shall curtail all nonessential water use.
(b) The washing of automobiles, trucks, trailers, boats, airplanes, or other type of mobile equipment is prohibited except on
designated outdoor water use days between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and
12:00 midnight. The washing, when allowed, must be done with a hand -held bucket or a hand -held hose equipped with a
positive shutoff nozzle for quick rinses. The nozzle must be removed when the hose is not is use. The washing of each
individual automobile, truck, trailer, boat, airplane or any other type of mobile equipment in violation of the terms and
conditions of this restriction constitutes a separate violation under this section. However, this restriction does not apply to the
washing of vehicles or mobile equipment when conducted on the immediate premises of a commercial carwash or a
commercial service station. Furthermore, this restriction does not apply to the washing of automobiles, trucks, trailers, boats,
airplanes and other types of mobile equipment (such as garbage trucks and vehicles used to transport food and perishables)
when the washing is necessary on a more regular and frequent basis in order to protect the health, safety and welfare of the
public. Charity carwashes are prohibited.
(c) The watering of the ground around foundations to prevent foundation cracking is prohibited except on designated outdoor
water use days between the hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight.
(d) The refilling or adding of water to swimming or wading pools, or ponds, is prohibited. However, this restriction does not
apply to public swimming pools and wading pools equipped with filtration and a recirculation system that includes the gutter
drains or that are not using water from the city's water distribution system. However, public pools may not be filled if there
are unrepaired leaks.
(e) The operation of any ornamental fountain or other structure making similar use of water is prohibited.
(f) The use of water for irrigation of golf fairways is prohibited except on designated outdoor water use days between the
hours of 12:00 midnight to 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight. The irrigation of golf course
greens and tees is allowed on an every-other -day schedule if a plan is filed detailing such schedule. These restrictions do not
apply to the irrigation of any golf course which utilizes wastewater effluent, ground water or raw water.
(g) The use of water from fire hydrants shall be limited to firefighting- related activities or other activities necessary to
maintain the health, safety, and welfare of the citizens of Round Rock; however, routine flushing of fire hydrants for other
than health and safety reasons is prohibited. This restriction does not apply to businesses which require the use of water for
land development and building construction processes. By written approval from the D of Public Works, the
businesses may purchase and draw water from fie hydrants designated for that use by the Director of public Works.
(h) Street washing using potable water from hydrants is prohibited. Street washing may occur if reclaimed water is used.
(i) The following uses of water are prohibited:
(i) Failing to repair a controllable leak, such as broken sprinkler heads and leaking valves or faucets.
(ii) Washing sidewalks, driveways, parking areas, streets, tennis courts, patios, or other paved areas, except to alleviate
immediate health or fire hazards.
(iii) Operating a permanently installed irrigation system with broken heads, with heads that are out of adjustment that spray
more than 10% of the spray on streets or parking lots, or that are misting.
(iv) Allowing water to run off a property during irrigation, car washing, or any other use of water or allowing water to pond
in the street or parking lot to a depth greater than 1/4 of an inch.
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(j) The Stage 2 restrictions do not apply to the following uses of water:
(i) The necessary use of water, other than for landscape irrigation, by a governmental entity in pursuit of its governmental
functions for the benefit of the public, such as for capital improvement construction projects.
(ii) The necessary use of water, other than for landscape irrigation, for land development (such as roadway base preparation,
flushing of utility lines, dust control, concrete and asphalt work) and for building construction processes.
(iii) The necessary use of water for repair of water distribution facilities, residential and commercial plumbing and
permanently installed landscape irrigation systems.
(iv) The use of water necessary for the establishment of specially permitted landscaping in new, residential and commercial
development should be postponed if at all possible. If the installation cannot be postponed, the irrigation schedule for the first
thirty (30) days after installation on notification to the Director of Public Works may not exceed the following frequency of
irrigation. Watering must take place during the permitted hours and, if the landscape cannot be sustained based on this
schedule, installation should be postponed.
• Days 1 - 10 Once per day
• Days 11 - 20 Once every other day .
• Days 21 - 30 Once every third day
• After 30th day This schedule no longer applies, and the standard restrictions then apply.
(k) All restaurants are prohibited from serving water to their customers except when specifically requested by the customer.
(4) Stage 3 Emergency Water Use Management:
The City Manager, or his designee, may implement the following restrictions to apply to all customers or the city's water
utility or to any persons who use water directly or indirectly from the city's water utility, and to apply in the areas designated
by the City Manager or his designee. The restrictions do not apply to any customer using treated wastewater effluent or raw
water for the uses described below. All elements of Stage 2 remain in effect in Stage 3 except that:
(a) All outdoor irrigation of vegetation by hand -held hoses or hand -held watering cans may occur only on designated outdoor
water use days and between the hours of 6:00 a.m. to 10:00 a.m. and between 7:00 p.m. to 10:00 p.m. Irrigation is prohibited,
including but not limited to foundation watering, using permanently installed irrigation systems, hose end irrigation, or drip
irrigation.
(b) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment is prohibited, if not
occurring on the immediate premises of a commercial carwash or a commercial service station and if not in the immediate
interest of the public health, safety, and welfare.
(c) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment may occur between
12:00 noon and 5:00 p.m. only if on the immediate premises of a commercial carwash or a commercial service station and
only if in the immediate interest of the public health, safety and welfare.
(d) Commercial plant nurseries may use only hand -held hoses, hand -held watering cans, or drip irrigation.
(e) The filling, refilling, or adding of potable water to public swimming or wading pools is prohibited.
(f) No new landscapes of any type may be established.
10.806 POWERS OF THE DIRECTOR OF PUBLIC WORKS
(1) Director's Authority to Impose Additional Restrictions
The Director of Public Works may, at any time, implement mandatory water restrictions in addition to those restrictions
named in the Emergency and Peak Day Water Use Management Plan to protect the public health and safety in the event of
unusual operational events, catastrophic occurrences, or severe weather events. The Director may implement mandatory
restrictions by public announcement and the restrictions are effective immediately upon the making of such public
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announcement.
10.807 ENFORCEMENT
(1) Presumption of Violation
For purposes of this article, the person or corporation or association in whose name the water utility of the city last billed or
who is receiving the economic benefit of the water supply is presumed to have knowingly made, caused, used or permitted
the use of water received from the city for residential, commercial, industrial, agricultural, governmental or any other purpose
in a manner contrary to any provision of this article, or in an amount more than the use permitted by the conservation stage in
effect.
(2) Stage 2 and Stage 3 Implementation
The city's utility department shall monitor the projected supply and demand for water by its customers on a daily basis and
shall recommend to the City Manager the extent of the conservation required through the implementation or termination of
particular conservation stages in order for the city's utility department to prudently plan for and supply water to its customers.
The City Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance
with the applicable provisions of this article. This order shall be made by public announcement and shall take effect
immediately upon such announcement.
10.808 PENALTY
(1) A person commits an offense if the person performs an act prohibited by this section or fails to perform an act required by
this section. Each instance of a violation of this section is a separate offense.
(2) Proof of a culpable mental state is not required for a conviction of an offense under this section. '
(3) An offense under this section is a Class C misdemeanor, punishable by a fine not to exceed $2,000.00. Prosecution of an
offense under any subsection of any section does not preclude other enforcement remedies under this section. The
enforcement of other remedies under this section does not prevent prosecution for a violation of this section under any
subsection of any section.
(4) For repeat violations of this chapter, water service may be disconnected or restricted.
(5) If a customer is irrigating during a time period or on a day when irrigation is not permitted for the street address of that
customer and a city worker cannot find any person at that street address to tum off the irrigation system, the city worker may
enter the property and turn off the irrigation system.
(6) The city's authority to seek injunctive or other civil relief available under the law is not limited by this section.
(Ordinance No. G 99 07 08 - 9A1 of July 8, 1999
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ditches have been back - filled as required in this section. All construction and maintenance work shall be done in a manner
calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas
without first obtaining the consent of the appropriate city department or city official having supervision of such property.
(14) Streets To Be Thoroughly Cleaned of Debris
As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess rock, earth or other debris resulting from
such work. All clean -up operations at the location of such excavation shall be accomplished at the expense of the permittee
and shall be completed to the satisfaction of the director of public works. From time to time, as may be ordered by the
director of public works and in any event immediately after completion of said work, the permittee shall, at his or her own
expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so
within twenty-four (24) hours after having been notified to do so by the director of public works, said work may be done by
the director of public works and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost
thereof under the surety bond provided hereunder.
(15) Street To Be Restored to Original Condition as Quickly as Possible
After an excavation or other work is commenced, the permittee shall prosecute with diligence and expedition all work
covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as
be, so as not to obstruct the public place or travel thereon more than is reasonably necessary.
(16) Unnecessary Inconvenience, Annoyance, and Noise To Be Avoided
Each permittee shall conduct and carry out the work in such a manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the
fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris and between the hours
of 9:00 p.m. and 8:00 a.m. shall not use, except in case of emergency, any tool, appliance or equipment producing noise of
sufficient volume to disturb the sleep or repose of occupants of the neighboring property. (Ordinance No. 305 of December
19, 1974)
(17) Emergency Repairs Authorized
Nothing in this section shall be construed to prevent the making of such repairs or excavations as may be necessary for the
preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, or for restoring utility
service, provided that the person making such excavation shall apply to the director of public works for a permit on the first
working day after such work is commenced and fully comply with the other requirements of this section. (Ordinance No. 307
of April 10, 1975)
10.306 APPLICABILITY OF SECTION
Irrespective of any language to the contrary hereinabove set forth, this section shall apply to any existing paved or unpaved
streets, alleys or other public places within the corporate limits of the City of Round Rock, Texas, and also shall apply to
such streets, both paved and unpaved, alleys, and other public places that may be dedicated or constructed in the corporate
limits of the City of Round Rock, Texas, in the future. (Ordinance No. 306 of March 13, 1975)
SSECTION (0 SEWAGE PRETREATMENT PROGRAM
This section adopts by reference, the applicable regulations of Title 40 Code of Federal Regulations, Part 403, "General
Pretreatment Regulations for Existing and New Sources of Pollution," and other applicable State and Federal laws, including
but not limited to, the Clean Water Act. These regulations are herein referred to as General Pretreatment Regulations.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
10.401 PURPOSE AND APPLICABILITY
(1) Purpose
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This section forms the basis of the City of Round Rock's pretreatment program to regulate nondomestic discharges to its
sewage collection and treatment facilities. Regulation of such discharges is necessary to prevent interference with the
operation of the facilities, to prevent pass - through of the treatment facilities, and to prevent any other condition which would
be incompatible with the facilities.
(2) Applicability
This section shall be applicable to all nondomestic dischargers to the city's public owned treatment works (POTW).
10.402 DEFINITIONS
(1) The following words and phrases shall have the meanings herein:
Act or the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251
et.seq.
Approval Authority means the Regional Administrator of the United States Environmental Protection Agency.
Approved Test Procedures means those procedures found at Title 40 Code of Federal Regulations, Part 136 and those
alternate procedures approved by the Administrator of the United States Environmental Protection Agency under the
provisions of Title 40.
Authorized Representative of User means a duly authorized representative of a user in accordance with the General
Pretreatment Regulations.
BOD (biochemical oxygen demand) means the oxygen required for the biochemical degradation of organic material in five
(5) days at twenty degrees Celsius (20C), expressed in milligrams per liter (mg/L), as determined by approved test
procedures.
Categorical User means a user that is subject to the National Categorical Standards.
City means the City of Round Rock, Texas or any authorized person acting in its behalf.
Cooling Water means the water discharged from any system of condensation, such as air conditioning, cooling, and
refrigeration systems.
COD (chemical oxygen demand) means the measure of the oxygen equivalent of the organic matter content that is
susceptible to oxidation by a strong chemical oxidant, expressed in mg/L as determined by approved test procedures.
Composite sample means a sample resulting from the combination of individual aliquots taken at equal intervals based on
increments of time, flow or both.
Control Authority means the City Manager, Director of Public Works or a duly authorized representative.
Control Point means point of access to a user's sewer where sewage monitoring can be done.
Dilution means the addition of any material, either liquid or nonliquid, or any other method to attempt to dilute a discharge as
a partial or complete substitute for adequate treatment to achieve compliance with the national categorical standards or local
limits set by this section.
Director means the City of Round Rock Director of Public Works or his authorized representative unless otherwise specified.
Domestic Sewage means water -borne materials normally discharged from sanitary conveniences of dwellings, including
apartment houses and hotels, office buildings, factories and institutions, free from storm water, utility and process discharges.
Normal domestic sewage means normal sewage for Round Rock, Texas, in which the average daily concentration of
biochemical oxygen demand (BOD) and total suspended solids (TSS) are established at two hundred -fifty (250) mg/L each,
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on the basis of the normal contribution of twenty- hundredths (0.20) pounds per capita per day each, and in which the average
daily concentration of chemical oxygen demand (COD) is established at four hundred -fifty (450) mg/L. It is further expressly
provided that for the purpose of this section, any discharge that exceeds the above concentration of BOD, TSS or COD shall
be classified as nondomestic and made subject to all regulations pertaining thereto, whether or not such discharge was
partially of domestic origin.
Environmental Protection Agency (EPA) means the U.S. Environmental Agency, or where, appropriate, The Regional Water
Management Division director, or other duly authorized official of said agency.
Existing Source means any source of discharge, the construction or operation of which commenced prior to the publication
by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act.
General Pretreatment Regulations means Title 40 Code of Federal Regulations, Part 403, "General Pretreatment Regulations
for Existing and New Sources of Pollution."
Grab sample means an individual sample collected without regard to flow in a time not to exceed fifteen minutes.
Headworks means the location where raw (untreated) sewage is introduced into the sewage treatment facilities.
Interference is as defined in the General Pretreatment Regulations.
Maximum Allowable Discharge Limit means maximum concentration of a pollutant allowed to be discharged at any time,
determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the
duration of the sampling event.
Monthly Average Limit means a discharge limit based on the average of the analytical results of all samples for a parameter
taken during a calendar month using approved methods for both sampling and analysis.
National Categorical Standards means the pretreatment regulations of Title 40 of the Code of Federal Regulations, Chapter I,
Subchapter N, "EPA Effluent Guidelines and Standards."
New Source shall mean the following:
(a) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act which will be
applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(i) The building, structure, facility or installation is constructed at a site which no other source is located; or
(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or
(iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining whether these are substantially independent, factors such as
the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in
the same general type of activity as the existing source should be considered.
(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the
construction does not create a new building, structure, facility or installation meeting the criteria of Title 40 CFR 403.3(kx1)
(ii) and Title 40 CFR 403.3(kxlxiii) but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined herein has commenced if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous onsite construction program any placement, assembly, or installation of
facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing buildings,
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structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment;
or
(ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in
its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without
substantial loss and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation.
Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material,
intermediate product, waste product, or finished product.
Noncategorical User means a user that is not subject to the national categorical standards.
Nondomestic Sewage means a discharge to the POTW that is not domestic sewage.
Nonprocess flows means sewage that is not classified as domestic or process, such as non - contact cooling water, cooling
tower blowdown, air conditioner condensates, and demineralizer blowdown.
Outfall means a discharge of sewage that is expressly identified by the Control Authority for control and monitoring
purposes.
Overload means the imposition of mass or hydraulic loading on a treatment facility in excess of its engineered design
capacity.
Pass - through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges form other sources, is a cause of a violation of any requirement of the
City of Round Rock NPDES permits, including an increase in the magnitude or duration of a violation.
Person means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust,
estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes
all Federal, State and local govemmental entities.
pif means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash sewage, garbage, sewage sludge, munitions,
medical wastes, chemical wastes biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POTW (Publicly Owned Treatment Works) means the sewage treatment works owned by the City of Round Rock. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of sewage. It includes
sewers, pipes, and other conveyances only if they convey sewage the City of Round Rock POTW.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other
means, except as prohibited by 40 CFR 403.6(d).
Pretreatment Requirements means all of the requirements that are set forth in this Section 10.400.
Process Flow means sewage that is generated during manufacturing or processing, which comes into direct contact with or
results from the production or use of any raw material, intermediate product, finished product, by- product, or waste product.
Removal is as defined in the General Pretreatment Regulations.
Sewage means solids, liquids, or gaseous materials discharged to the City's POTW. Sewage includes both domestic and
nondomestic sewage.
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Sewer (sanitary sewer) means an artificial pipe or channel that carries sewage and to which storm water and ground water are
not intentionally admitted.
Significant User means a user that: (1) is subject to national categorical standards; (2) discharges an average of twenty-five
thousand (25,000) gallons per day (gpd) or more of process flow to the POTW; (3) discharges process flow which makes up
five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or; (4) has a
reasonable potential, in the opinion of the Control Authority, to adversely affect the POTW treatment plant.
Slug Load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge
standards stated herein.
Standard Industrial Classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual
issued by the Office of Management and Budget.
Storm Water means any flow occurring during or following any form of natural precipitation, and resulting from such
precipitation, including snowmelt.
Surcharge means the additional wastewater service charge incurred by any user discharging waste containing higher
concentrations of BOD, TSS and COD than those defined for domestic sewage herein.
To Discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to
allow, permit or suffer any of these acts..
TSS (total suspended solids, nonfilterable residue) means solids that either float on the surface or are it suspension, measure
at one hundred - three to one hundred -five degrees Celsius (103- 105'C), expressed in mg/L, as determined by approved test
procedures.
User means a discharger of any nondomestic sewage to the POTW. A user includes, but is not limited to, any individual,
firm, company, partnership, corporation, group, association, organization, agency, city county, or district.
(2) The meaning of all terms used in this Section 10.400 that are not defined above shall be as defined in Title 40, Code of
Federal Regulations.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
10.403 PRETREATMENT STANDARDS
There are three types of pretreatment standards: prohibited discharge standards - including general, specific, and dilution
prohibitions; national categorical standards; and local limits. These standards shall apply to a user whether or not the user is
subject to other federal, state, or local requirements.
The standards in this subsection shall apply to each user, as applicable. Users in an industrial manufacturing category
specified in Title 40 of the Code of Federal Regulations Chapter 1, Subchapter N, "EPA Effluent Guidelines and Standards ",
shall be subject to prohibited discharge standards, national categorical standards, and local limits. Other users shall be subject
to prohibited discharge standards and local limits. Where these standards overlap, the most stringent standard shall apply to
the user.
The Control Authority, at his discretion, has the right to apply these standards to individual nondomestic discharges before
they are commingled.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(1) Prohibited Discharge Standards
(a) General Prohibitions
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A user may not discharge to the POTW any material which causes pass - through or interference.
(b) Specific Prohibitions
The following shall not be discharged to the POTW:
(i) Discharges which are capable of creating a fire or explosion hazard in the POTW. These discharges include, but are not
limited to, discharges with a closed cup flashpoint of less than 140 °F, as detennined by a Pensky- Martens Closed Cup Tester,
using the test method specified in ASTM (American Society for Testing and Materials) standard D -93 -79 or D- 93 -80k or a
Setaflash Closed Cup Tester, using the test method specified in ASTM standard D- 3278 -78;
(ii) Discharges which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.5
or greater than 9.5;
(iii) Discharges containing (1) solid or viscous materials in amounts which will cause obstruction to the flow in or proper
operation of the POTW resulting in interference; (2) any materials such as wax, grease, oil, or plastics that will solidify or
become discemibly viscous at temperatures between thirty -two and one hundred -fifty degrees Fahrenheit (32- 150'F); (3)
petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass
through; (4) any materials such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues
or bulk solids in such quantities capable of causing interference with the POTW; or (5) free or emulsified oil and grease in
combination exceeding one hundred (100) mg/L; (Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(iv) Discharges having a temperature higher than 150 °F (65 °C), or any discharge which contains heat in amounts which will
inhibit biological activity or cause interference with the POTW, but in no case heat in such quantities that the temperature at
the headworks of the POTW exceeds 104 °F (40 °C);
(v) Discharges that contain any noxious or malodorous materials which can form a gas, which either singly or by interaction
with other discharges, are capable of causing objectionable odors; or hazard to life; or creates any other condition deleterious
to the POTW; or requires unusual provisions, attention, or expense to handle;
(vi) Discharges which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause
acute workers health and safety problems;
(vii) Discharges that are capable of causing excessive discoloration in the POTW effluent;
(viii) Discharges with unusual flow and concentration, including those with oxygen demanding materials, at a flow rate or
concentration which will cause interference with the POTW, or if such materials can cause damage to collection facilities,
impair the treatment processes, incur excessive treatment cost, or cause the city to be noncompliant with the conditions of its
discharge permits;
(ix) Discharges classified by the Texas Water Commission as a hazardous waste at 31 TAC (Texas Administrative Code)
Chapter 335 without the written approval of the control authority;
(x) Discharges containing radioactive materials without the written approval of the control authority; or
(xi) Materials that are trucked or hauled in, except at discharge points that are designated by the control authority.
(xii) Discharges containing a BOD (biochemical oxygen demand) or TSS (total suspended solids) concentration in excess of
7,000 mg/L;
(xiii) Discharges from steam cleaning and chemical cleaning businesses unless a facility or process is provided that will
produce an effluent compliant applicable Pretreatment Requirements. There shall be no discharge of visible foam.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
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(c) Dilution Prohibitions
(i) No user shall ever add any material, either liquid or nonliquid, or in any other way attempt to dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance with the national categorical standards or local limits.
(ii) This prohibition does not include dilution which is a normal part of the production process or a necessary part of the
process to treat a waste, such as adding lime for neutralization or precipitation, or the mixture of compatible wastes in order
to treat at capacity levels rather than treating wastes in small batches.
(iii) The control authority, at his discretion, may impose mass limitations on a user that is using dilution to meet applicable
pretreatment standards or requirements, or in cases where the imposition of mass limitations is appropriate.
(2) National Categorical Standards
National Categorical standards apply to specific industrial subcategories under Title 40 of the Code of Federal Regulations,
Chapter I, Subchapter N, "EPA Effluent Guidelines and Standards." A user that falls into one of these subcategories shall be
subject to the pretreatment standards applicable to that subcategory and is classified as a categorical user. (Ordinance No. G-
94-05-26-9B of May 26, 1994)
(3) Local Limits
Local limits are quantitative limits on discharges applicable to all users. Local limits are designed to meet the general and
specific prohibitions in subsections 10.403 (1Xa) and (b).
(a) Existing Local Limits
Local limits are periodically reviewed by the control authority and revised as necessary to respond to changes in federal,
state, or local regulations, environmental protection criteria, plant design and operational criteria, and the nature of industrial
discharges to the POTW. Local limits are as follows:
ConstituentW / Maximum Allowable Concentration in a Daily Composite, mg/L
Cadmium / 0.2
Chloroform / 4
Chromium (total) / 17
Copper / 3.5
Ethyl benzene / 16
Lead / 0.5
Naphthalene / 15
Nickel / 4.5
Silver / 0.07
Tetrachloroethylene (perchloroethylene) / 5
Toluene / 14
Zinc / 3.8
(b) Case -by -case Local Limits
Local limits that have not yet been established for a material may be developed on a case -by -case, specific user basis. A user
must have the case -by -case local limit(s) included in a permit before discharging to the POTW.
10.404 SIGNIFICANT USERS
(1) Option to Exclude Noncategorical Users
The control authority need not list as significant any noncategorical user that, in the opinion of the control authority and with
the agreement of the approval authority, has no potential for adversely affecting the POTW s operation or for violating any of
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the Pretreatment Requirements.
(2) Delisting ofNoncategorical Users
Any noncategorical user that has been listed as a significant user may petition the control authority to be removed from the
significant user list and reclassified as nonsignificant on the grounds that it has no potential for adversely affecting the
POTW's operation or for violating any of the Pretreatment Requirements.
(3) Notification Requirements
If a noncategorical user has been listed as a significant user by the control authority for whatever reason, prior to removal
from the list, the control authority will notify the approval authority.
I0A05 DISCHARGE PERMITS
(1) Required
All users shall obtain a permit from the control authority in order to discharge nondomestic sewage to the city's POTW.
Permit applications shall be submitted to the control authority prior to permit issuance. Either the owner or operator of a
user's facility shall submit the application.
(2) Denial or Condition of Permit
The control authority has the right to deny or condition a permit for any nondomestic discharges not meet the Pretreatment
Requirements or would cause the city to be noncompliant with the conditions of the city's discharge permits.
(3) Permit Conditions
(a) Minimum Conditions
The permit will contain the following minimum conditions:
(i) Period during which the permit is effective, in no case greater than five (5) years;
(ii) Transferability of the permit to a new owner or operator allowable only with notification and approval of control
authority;
(iii) Limits on the volume and quality of sewage discharged based on the Pretreatment Standards.
(iv) Requirements for self - monitoring programs such as location, type, and frequency of sampling, measurement, and
analysis.
(v) Requirements for notifications, reports, and record keeping.
(b) Other Conditions
The following conditions, as applicable, will be in the permit:
(i) Conditions and compliance schedule necessary to achieve compliance with the Pretreatment Requirements.
(ii) Plans to prevent and control spills and batch discharges.
(iii) Any other conditions necessary to ensure compliance with the Pretreatment Requirements, and other federal, state and
local requirements.
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(iv) A statement requiring that all reports contain the certification statement at 40 CFR 403.6(aX2).
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(4) Permit Application Form
Applications for new permits, permit renewals, and permit modifications shall be made on a standard form provided by the
control authority. Applications shall be submitted to the control authority.
(5) Existing Users
Significant users with existing nondomestic discharges prior to March 14, 1990, shall submit a permit application before
September 15, 1990. Other users with existing nondomestic discharges prior to March 14, 1990 shall submit a permit
application before June 15, 1990. Existing users shall be allowed to discharge nondomestic sewage without a permit until the
control authority has issued the user a permit, if the user has submitted a permit application within the applicable time period.
10.405 10.405
(6) New Users
A new user shall submit a permit application and obtain a permit before discharging to the POTW. An application shall be
submitted by significant users at least one hundred eighty (180) days before the date the discharge will begin. It is
recommended that an application be submitted by other users at least ninety (90) days before the date the discharge will
begin.
(7) Discharge and Permit Modifications
If a user with a discharge permit wishes to add or change a process or operation which would change the nature or increase
the quantities of materials discharged to the POTW such that the user would be noncompliant with the user's permit
requirements or the Pretreatment Requirements, the user shall obtain approval by the control authority prior to making these
additions or changes to the discharge. Approval shall be given by the control authority by a modification, or revocation and
reissuance of the permit. A significant user shall submit an application for permit modification at least one hundred eighty
(180) days before the date the change in discharge is expected to begin. It is recommended that an application be submitted
by other users at least ninety (90) days before the date the change in discharge is expected to begin.
(8) Permit Renewal
A permit may have a period of duration UP to five (5) years. A permit shall be renewed by submitting an application for
permit renewal. An application shall be submitted by significant users at least one hundred eighty (180) days before the
expiration date of the existing permit. An application for other users shall be submitted at least ninety (90) days before the
expiration date of the existing permit.
(9) Re- Opening of Permit
The control authority has the right to re -open a permit before its expiration date to include compliance schedules, or to
achieve compliance with new or revised Pretreatment Requirements, federal, state, or local requirements.
(10) Changes in Owner or Operator
(a) Transfer of Permit
A permit shall only be transferred to a new owner or operator if the following conditions are met. The expiration date of the
permit is not extended by the transfer. The control authority will send to the new owner or operator a revision to the permit to
reflect the change in owner or operator.
(i) The nature of the discharge or operation of the facility will not change under the new owner or operator;
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10.405 10.407
(ii) The current owner or operator notifies the control authority at least thirty (30) days in advance of the proposed transfer
date;
(iii) The notification includes a written agreement between the current and new owner or operator containing a specific date
for transfer of permit responsibility, coverage, and liability between them; and
(iv) The control authority does not notify the current and new owner or operator of the control authority's intent to revoke and
reissue the permit. If the control authority does not notify, the transfer is effective on the date specified in the written
agreement.
(b) Revocation and Reissuance of Permit
If above conditions in paragraph (a) are not met, the control authority shall require the new owner or operator to submit a
permit application as a new user and obtain a permit before discharging to the POTW. In addition, the current owner or
operator shall notify the control authority at least thirty (30) days in advance of the proposed date on which the ownership
will change.
10.406 REMOVAL CREDITS
(1) The control authority may, at his discretion, grant removal credits to a categorical user to reflect removal by the POTW of
materials specified in the national categorical standards. The control authority may grant a removal credit equal to or, at his
discretion, less than the POTW's consistent removal rate. Removal credits may only be given for indicator or surrogate .
materials regulated in a national categorical standard if the standard so specifies.
(2) A user shall submit a removal credit application to the control authority. Written approval by the control authority shall be
obtained prior to taking the removal credit. Application shall be made on a standard form provided by the control authority.
(3) The control authority has the right to grant removal credits only after meeting the requirements of the General
Pretreatment Regulations.
10.407 NOTIFICATION REQUIREMENTS
Notification to the control authority is required for any of the following. The timing, content, and form of notification are
established either in the discharge application or discharge permit, as applicable.
(I) A condition or event that would cause pass - through of or interference with the POTW, including slug loadings as defined
by subsection 10.403 (I)(b)(viii).
10.407 10.408
(2) Permit noncompliance.
(3) Bypasses and upsets.
(4) A change in pretreatment processes.
(5) A change in monitoring facilities such as location and type of equipment.
(6) Discharges of hazardous waste.
(7) Discharges containing radioactive materials.
(8) Other appropriate conditions or events to ensure compliance with the Pretreatment Requirements, and other federal, state,
or local requirements.
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10.408 REPORTING REQUIREMENTS
(I) Baseline Report
Categorical users shall submit baseline reports in accordance with the General Pretreatment Regulations.
(a) Within either one hundred eighty (180) days after the effective date of the categorical pretreatment standard, or the final
administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users
currently discharging to or scheduled to discharge to the POTW shall submit to the Control Authority a report which contains
the information listed in paragraph (b) below. At least ninety days prior to commencement of their discharge, new sources,
and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit
to the Control Authority a report which contains the information listed in paragraph (b) below. A new source shall report the
method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of
anticipated flow and quantity of pollutants to be discharged.
(b) Users described above shall submit the following:
(i) Identifying Information - The name and address of the facility, including the name of the operator and owner.
(ii) Environmental Permits - A list of any environmental control permits held by or for the facility.
(iii) Descriptions of Operations - A brief description of the nature, average rate of production, and standard industrial
classifications of the operation(s) carried out by such user. This description should include a schematic process diagram
which indicates points of discharge to the POTW from the regulated processes.
(iv) Flow Measurement - Information showing the measured average daily and maximum daily flow, in gallons per day, to
the POTW from regulated process streams and other streams, as necessary, to allow use to the combined wastestream
formula.
(v) Measurement of Pollutants - The categorical pretreatment standards applicable to each regulated process. The results of
sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Control
Authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long -
average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and
shall be collected and analyzed in accordance with procedures set out in 40 CFR 136.
(vi) Signature and Certification - All baseline monitoring reports must be signed and certified in accordance with 40 CFR
403.6 (a)(2).
(2) Compliance Schedule Progress Reports
(a) Should additional pretreatment or operation and maintenance be required to meet pretreatment standards, a compliance
schedule will be issued. The schedule shall contain progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional pretreatment facilities required for the user
to meet the applicable pretreatment requirements.
(b) No increment shall exceed nine months;
(c) The user shall submit a progress report to the Control Authority no later than fourteen days following each date in the
schedule and the final date of compliance. This report shall include as a minimum, whether or not the user complied with the
progress increments, reasons for any delays, and steps being taken by the user to return to the established schedule.
(3) Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case
of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such
pretreatment standards and requirements shall submit to the Control Authority a report containing the information described
in 10.408(1)(b) herein. For users subject to equivalent mass or concentration limits establishedin accordance with 40 CFR
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403.6(c), this report shall contain a reasonable measure of the user's long - term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production this report shall
include the user's actual production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with 40 CFR 403.6(ax2). Categorical users shall submit reports in accordance with the General
Pretreatment Regulations on compliance schedule progress, compliance with categorical pretreatment standard deadlines, and
continued compliance with categorical pretreatment standards.
(4) Periodic Reports on Continued Compliance
(a) All significant industrial users shall, at a frequency determined by the Control Authority but in no case less than twice per
year, submit a report indicating the nature and concentration of pollutants and the estimated or measured daily maximum and
average flows of the discharges to which pretreatment requirements are applicable. All periodic reports must be signed and
certified in accordance with 40 CFR 403.6(a)(2).
(b) The Control Authority may require all other users and/or persons discharging nondomestic wastewater into the POTW to
submit appropriate reports conceming the nature and concentration of pollutants in the discharge.
(5) Reports of Additional Samples Taken
If a user subject to pretreatment requirements monitors any pollutant more frequently than required using approved test
procedures, the results of this monitoring shall be included in the periodic reports.
(6) Repeat Sampling and Reporting
If sampling performed by a user indicates a violation, the user must notify the Control Authority with twenty-four (24) hours
of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat
analysis to the Control Authority within thirty (30) days after becoming aware of the violation.
(7) Sample Collection and Monitoring Requirements
All sampling techniques and pollutant analyses used for compilation of data required to be submitted as part of a wastewater
discharge application or report required by any pretreatment requirement shall be performed in accordance with the
techniques prescribed in Title 40, Code of Federal Regulations, Part 136 unless otherwise specified in an applicable
categorical pretreatment standard.
(8) Additional Reports
The Control Authority has the right to request any additional reports from a user that are necessary to assess and assure
compliance with the Pretreatment Requirements.
(9) Record Keeping
(a) Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities required by this ordinance and additional records
obtained pursuant to monitoring activities undertaken by the user independent of such requirements.
(b) Records shall include the date, exact place, method, and time of the sampling and the name of the person(s) taking the
sample; dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the
results of the analyses.
(c) Records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the
duration of any litigation concerning the user of the Control Authority, or where the user has been specifically notified of a
longer retention period by the Control Authority.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
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10.409 PRETREATMENT FACILITIES
Users shall provide pretreatment facilities if they are necessary in order to comply with the pretreatment standards in 10.403
of this ordinance.
(Ordinance No. G 94 05 - 26 - 9B of May 26, 1994)
(1) Approval of Proposed Pretreatment Facilities
Plans, specifications, and any other pertinent information related to proposed pretreatment facilities for significant users shall
be submitted to the control authority. Other users may be requested by the control authority to submit plans, specifications,
and any other pertinent information related to proposed pretreatment facilities. Construction of such facilities prior to
acceptance by the control authority may be done solely at the risk of the user. This acceptance shall in no way relieve the user
of the obligation to install, operate, maintain and, if necessary, modify the pretreatment facilities to maintain compliance with
the Pretreatment Requirements. Pretreatment facilities shall be constructed so as to provide the following:
(a) Prevention of prohibited discharges from entering a sewer;
(b) Control of the quantities and rates of discharge of nondomestic sewage into a sewer, and
(c) An accessible entry so that any authorized employee of the city may readily and safely inspect and monitor the
nondomestic discharges.
(2) Pretreatment Facilities To Be Maintained
Pretreatment facilities shall be maintained in satisfactory and effective operation by the user at the user's expense. Operation
and maintenance records shall be maintained by the user as specified in the user's discharge permit.
(3) Accidental Discharge /Slug Control Plans
Users discharging nondomestic wastewater into the POTW shall provide protection from the accidental discharge of
prohibited wastes. Prior to the commencement of any nondomestic discharge and at least once every two years the Control
Authority shall evaluate whether each significant user requires an accidental discharge /slug control plan. The Director may
require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a
plan for any user. Each plan shall include the following as a minimum:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the Director of any accidental or slug discharge, as required by section 10.407 of
this ordinance.
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited
to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control
of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic
pollutants, measures and equipment for emergency response and any other procedures deemed necessary to prevent
accidentaVslug discharges from entering the POTW.
(4) Additional Pretreatment Measures
(a) Whenever deemed necessary, the Control Authority may require user to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge,
separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the
POTW and determine the user's compliance with the requirements of the ordinance.
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(b) Grease, oil and sand interceptors shall be provided when deemed necessary by the Control Authority for the proper
handling of wastewater containing excessive amounts of grease and oil or sand. Such interceptors shall not be required for
residential users. All interception units shall be of type and capacity approved by the Control Authority and shall be so
located to be easily accessible for cleaning an inspection. Such interceptors shall be inspected, cleaned, and repaired
regularly, as needed, by the user at their expense.
(c) Users with the potential to discharge flammable substances may be required to install and maintain an approved
combustible gas detection meter.
(Ordinance No. G - 94 - 05 - - of May 26, 1994)
10.410 INSPECTION, SURVEILLANCE. AND MONITORING
(1) Minimum Monitoring Requirements
(a) Significant users shall be required to self - monitor to meet, at a minimum, the requirements of the General Pretreatment
Regulations.
(Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(2) Sampling and Analysis
(a) Significant users shall meet the requirements of the General Pretreatment Regulations for sampling and analysis. Other
users shall meet the requirements for sampling and analysis as stated herein or in the user's control document.
(b) For all users, containers, preservation techniques, and holding times for samples shall comply with methods and
procedures found at Title 40 Code of Federal Regulations, Part 136. (Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(c) For all users, sample analysis shall be in accordance -with approved test procedures. The control authority, at his
discretion, may specify which approved test procedure shall be used.
(d) Type of samples (grab or composite) and flow measurement shall be consistent with the type of discharge and parameters
being regulated and shall be specified by the control authority in the permit.
(3) Control Point
A user shall provide a control point for the purpose of sampling and flow measurement. The location and design of the
control point shall be approved by the Control Authority. The control point shall be placed so that nondomestic sewage can
be sampled and measured prior to any commingling with domestic sewage or nonprocess flows. Written approval of
exceptions to this requirement shall be obtained by a user from the Control Authority. It is recommended that the control
point for sampling and flow measurement be at the same location. Flow may be determined by water supply meter
measurements if no other flow device is available and no other source of raw water is used. Other methods for estimating
wastewater discharge flow must approved by the Control Authority.
(4) Inspection and Entry
The Control Authority or his duly authorized representative, Federal and State Officials, upon presentation of credentials and
other documentation as may be required by law, shall be permitted to gain access to such properties as may be necessary for
the purpose of inspection, observation, sampling, set up and use of monitoring equipment, and inspection and copying of
records having a direct bearing on the discharges of nondomestic sewage. Unreasonable delays in allowing access to the
user's premises shall be a violation of this ordinance. (Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
(5) Use of Contractors
The control authority may select an independent contractor to conduct the independent monitoring by the city.
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10.411 ENFORCEMENT
(1) Administrative Order
In addition to any other actions or remedies authorized in this ordinance, the Control Authority or its duly authorized
representative is authorized to enforce this Section 10.400 through the exercise of any one or more of the following
administrative actions. Unless otherwise expressly set forth herein, the selection or use of one such action or remedy by the
Control Authority shall not be construed to prevent the Control Authority from pursuing any other enforcement actions or
remedies nor require the pursuit of a particular action or remedy as a condition precedent to the use of any other such action
or remedy.
(2) Notice of Violation
The Control Authority shall serve a user that is found noncompliant with the Pretreatment Requirements with a notice stating
the nature of the noncompliance.
10.411 10.411
Any violation of pretreatment standards incurs immediate liability. Each day of violation constitutes a separate
noncompliance.
Within thirty (30) days after the date of receipt of this notice, a user shall submit a written response to the Control Authority
with an explanation of the noncompliance, what steps are currently being taken to prevent the noncompliance, and a plan for
the correction and continued prevention of the noncompliance. Submission of this response in no way relieves the user of
liability for any violations occurring before or after receipt of the notice of violation.
(3) Consent Order
The Control Authority may enter into Consent Orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be
taken by the user to correct the noncompliance within a time period specified by the document.
(4) Show Cause Hearing
The Control Authority may order a user which has violated or continues to violate, any provision of this ordinance, a
wastewater discharge permit or enforcement action issued, or any other pretreatment requirement, to appear the Director and
show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time
and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show
cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served by hand or
certified mail at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A
show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(5) Compliance Order /Compliance Schedules
(a) Applicabili
If a user cannot comply with the pretreatment standards in section 10.403 or any other pretreatment requirement, the Control
Authority may provide a compliance order containing a schedule for achieving compliance.
(b) Allowable Time for Compliance
The compliance schedule shall be the shortest time in which the user is able to provide pretreatment facilities or changes in
operation and maintenance that will achieve compliance. If a user is given a compliance schedule for national categorical
standards, the completion date of this schedule shall not be later than the compliance date established for the applicable
national categorical standard and shall be in accordance with the General Pretreatment Requirements. A user shall not
continue discharging in noncompliance of the Pretreatment Requirements beyond the time limit provided in the compliance
schedule.
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(c) Form of Compliance Schedule
Compliance schedules may be provided by the Control Authority by notice of noncompliance, enforcement order, or as part
of the discharge permit. The Control Authority has the right to re-open a user's discharge permit in order to add a compliance
schedule.
(6) Cease and Desist Order
When the Control Authority finds that a user has violated, or continues to violate, any provision of this Section 10.400, a
wastewater discharge permit or order issued herein, or any other pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Control Authority may issue an order to the user directing it to cease and desist all such
violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive actions may be needed to properly address a continuing or threatened
violation, including halting operations and/or terminating the discharge.
(7) Authority to Disconnect Service
(a) Conditions for Disconnection
The City shall have the right to disconnect a user's sewer service when a user's discharge reasonable appears to:
(i) Damage sewer lines or POTW treatment processes;
(ii) Cause the City to be noncompliant with the conditions of its discharge permits;
(iii) Present an endangerment to the environment or which threatens to interfere with the operation of the POTW; or
(iv) Present an imminent endangerment to the health or welfare of persons.
(b) Notification
In the case of an imminent endangerment to the health or welfare of persons, the Control Authority shall give oral or written
notice to a user before disconnecting sewer service. Under all other conditions for disconnection, the control Authority shall
give written notice to a user before disconnection. Within ten (10) days after receipt of notification of disconnection, the user
must submit a written response to the Control Authority with an explanation of the cause of the problem and what measures
have and will be taken to prevent any future occurrence. Submission of this response in no way relieves the user of liability
for any violations occurring before or after receipt of the notice of disconnection.
(c) Reconnection of Service
The user's sewer shall remain disconnected until such time that the user has demonstrated that the cause of this
noncompliance has been eliminated.
(d) Liability
The City shall not be liable for any resulting damage to the user's property as a result of disconnection under the conditions
for disconnection.
(8) Termination of Permit
A user that violates any of the following conditions may be subject to permit termination:
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CHAPTER 1,0: UTILITIES Page 33 of 54
(a) Failure to report a reasonable estimate of the volume and quality of its nondomestic sewage.
(b) Failure to notify the Control Authority of a change in process or operation which would significantly change the nature or
increase the quantities of materials discharged to the POTW that would cause the user to be noncompliant with its discharge
permit requirements or the Pretreatment Requirements.
(c) Refusal of right of entry to the user's premises in accordance with Subsection I of this ordinance.
(d) Intentional violation of permit conditions.
(e) Falsifying information.
(f) Failure to pay sewer charges or fines.
(9) Injunctive Relief
The Control Authority may seek injunctive relief to restrain or compel actions of a user.
(10) Civil and Criminal Penalties
The Control Authority has the right to seek or assess civil or criminal penalties in at least the amount of one thousand dollars
($1000) per day for each violation of the user's permit or the Pretreatment Requirements. (Ordinance No. G- 94- 05 -26 -9B of
May 26, 1994)
10.411.01 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
(1) Uoset
(a) Upset means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment
requirements because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the
extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment requirements if
the following provisions are met.
(c) A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs or other relevant evidence that:
(i) An upset occurred and the user can identify the cause(s) of the upset;
(ii) The facility was being operated properly and in compliance with applicable and appropriate operation and maintenance
procedures; and
(iii) Within twenty-four (24) hours of becoming aware of the upset the user has submitted the following information to the
Control Authority: (1) a description of the nature of the discharge and cause of the noncompliance; (2) a statement of the
period of noncompliance, including the exact dates and times or, if not corrected, the anticipated time the noncompliance is
expected to continue; and (3) evidence of the steps being taken and/or planned to reduce, eliminate, and prevent recurrence of
the noncompliance.
(vi) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(v) Users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for
noncompliance with categorical pretreatment standards.
(vi) Users shall control production of all discharges to the extent necessary to maintain compliance with pretreatment
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CHAPTER 10: UTILITIES Page 34 of 54
requirements upon reduction, Toss, or failure of its treatment facility until the facility is restored or an alternative method of
treatment is provided. This requirement applies in the situation where, among other things, the primary source of power for
the treatment facility is reduced, lost, or fails.
(2) Bypass
(a) Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(b) Severe property damage means (1) substantial physical damage to property, (2) damage to the treatment facilities which
causes them to become inoperable, or (3) substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass.
(c) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but
only if it also is for essential maintenance to assure efficient operation.
(d) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority at least ten days
before the date of the bypass, if possible.
(e) A user shall submit oral notice to the Control Authority of an unanticipated bypass that exceeds applicable pretreatment
requirements within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be
provided within five days from the time the user becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass 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 bypass. The Control Authority may waive the written report on a case -by -case basis if proper oral notice
been given.
(1) Bypass is prohibited, and the Control Authority may take an enforcement action against a user for a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) There were no feasible altematives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back up
equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventive maintenance; and
(iii) The user submitted notices as stated herein.
(g) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority
determines that it will meet the three conditions in paragraph (e) above. (Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
10.412 PERMIT FEES AND SURCHARGES
(1) Applications
A user is subject to the following application fees:
Significant Users / Other Users
New permit $100 / $25
Permit renewal $100 / $25
Permit modification $100 / 525
Removal credit - A fixed fee for a removal credit application cannot be given because of the circumstances of each user and
constituent the credit is applied for are highly variable. Any user or group of users wishing to apply for a removal credit shall
assume responsibility for all costs incurred by the city.
(2) Surcharge for Higher Concentrations
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CHAPTER 19: UTILITIES
Than Domestic Sewage
Users shall be assessed a sewer surcharge for nondomestic sewage that contains concentrations of BOD, TSS, and COD
higher than those defined for domestic sewage herein. The surcharge shall be in addition to any other sewer charges required
by other city ordinances. If a user has more than one nondomestic outfall identified in a permit, the surcharge shall be
applicable to the daily discharges and not charges.
(a) When Surcharge Shall Be Applied
A user shall be subject to a surcharge when its nondomestic discharge daily average total:
(i) Exceeds a BOD concentration of two hundred fifty (250) mg/L;
(ii) Exceeds a total suspended solids concentration of two hundred -fifty (250) mg/L; or
(iii) Exceeds a COD concentration of four hundred fifty (450) mg/L.
(b) Computation of Surcharge
For those users with discharges exceeding a COD concentration of four hundred -fifty (450) mg/L, the surcharge shall be
based on COD in lieu of BOD. Computations of surcharges shall be based on the formulas below. The surcharges for
individual BOD or COD and TSS are additive.
(i) BOD surcharge
S app = V x 8.34 (A[BOD - 250])
(ii) TSS surcharge
S TSS = V x 8.34 (B[TSS - 250])
(iii) COD surcharge
SCOD = V x 8.34 (C[COD - 450])
where:
S = Sum of surcharges in dollars that will appear on the user's monthly bill.
Page 35 of 54
r
V = Monthly average volume of nondomestic discharge in millions of gallons whichever is the least of the following
volumes: (1) total monthly water consumption during the billing period, (2) the average water consumption for the billing
periods of December, January, and February of each fiscal year, or, (3) the total estimated or measured nondomestic
discharge as determined by methods specified in the user's permit.
8.34 = Conversion factor for units of measure in surcharge equations.
A = $.27 per pound of BOD
B = $.27 per pound of TSS
C = $.27 per pound of COD
BOD = BOD concentration in mg/L. For more than one nondomestic discharge, this shall be the flow - weighted
concentration.
TSS = total suspended solids concentration mg/L. For more than on nondomestic discharge, this shall be the flow - weighted
concentration.
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CHAPTER 1»: UTILITIES
. ,
COD = COD concentration in mb/L. For more than one nondomestic discharge, this shall be the flow - weighted
concentration.
250 = normal daily average BOD and TSS concentration in mg/L.
450 = normal daily average COD in mg/L.
(Ordinance No. G-93-05-13-11C of May 13, 1993)
(c) Sampling and Analysis
The city shall sample for BOD, TSS, and COD. The time of sampling shall be at the sole discretion of the control authority.
The control authority may select an independent contractor to conduct the sampling and/or analyses.
(d) Period of Surcharge
If analyses for BOD, TSS, or COD shows that a surcharge is applicable, the surcharge shall be retroactive for two (2)
monthly billing periods and shall continue for four (4) monthly billing periods.
(e) Costs of Analyses
When analyses show that a surcharge shall be applied, a fee of fifty dollars ($50.00) shall be added to a user's bill to cover the
sampling, handling, and laboratory analyses. When analyses show that a surcharge shall not be applied, then this fee shall not
be added to the user's bill.
(3) Fees Shall Be Periodically Reviewed
Page 36 of 54
• r
In order to ensure an equitable cost recovery system, the control authority shall periodically review the fees and adjust them
as appropriate.
10.413 CONFIDENTIALITY
Any information provided by a user that is claimed as confidential by the user shall be treated in accordance with the
confidentiality requirements of the General Pretreatment
Regulations. All other information which is submitted by the user to the City shall be available to the public at least to the
extent provided by Title 40 Code of Federal Regulations, 403.14.
(Ordinance No. G 94 05 - 26 - 9B of May 26, 1994)
10.414 RIGHT OF REVISION
The city shall have the right the revise the Pretreatment Requ to ensure compliance with federal, state, or local
requirements.
10.415 PUBLIC PARTICIPATION
The City shall comply with the public participation requirements of Title 40 Code of Federal Regulations, 403.8(f)(2)(vii) in
the enforcement of these Pretreatment Requirements.
(Ordinance No. 2463 of March 8, 1990 as amended by Ordinance No. G- 94- 05 -26 -9B of May 26, 1994)
SECTION 10.500 CREATION OF MUNICIPAL UTILITY DISTRICTS
Each request or petition to the city for its written consent for the creation of a municipal utility district shall be accompanied
http: / /ci.round- rock .tx.tts /ordinances/ordinances_ch_10.htm 2/22/2001
DATE: March 16, 2001
SUBJECT: City Council Meeting — March 22, 2001
ITEM: 12.G.5. Consider a resolution authorizing the Mayor to execute a Water
Supply and Wastewater Services Contract, subject to the negotiation
and final approval by the City Manager and City Attorney, between
Williamson County Municipal Utility District No. 10 and the City of
Round Rock
Resource: Jim Nuse, Public Works Director
History: Williamson County MUD #10 and #11 are also known as Terra Vista. The water
supply and wastewater service agreements were contemplated in the creation
document. These agreements lay out the rights, obligations and rates to the parties
for utility service.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Newland Properties
ImpactBenefit: This agreement sets out rates and other business process of the district.
Public Comment: N/A
Sponsor: N/A
4 4I
5
8g
i
EXISTING ROUND ROCK
WATER UNE
PROPOSED RAW WATERUNE
OPTION ONE
PROPOSED RAW WATERUNE
OPTION TWO
PROPOSED RAW WATERUNE
OPTION THREE
PROPOSED DEVELOPMENT
PROPOSED WATER UNE
r•
.0 011T
E%XABIT ONE
NEWLAND ASSOCIATES, TEXAS
STONEWATER — ROUND ROCK. TEXAS
PROPOSED WATER SERVICE
ROUND ROCK CONCEPT PLAN
TumerCollie&Braden Inc
�w MISflN/NS I y.. 1•2[00• ti uSCX. 199E
cp...., AO
H•-+ HO ..,r SAS
PROPOSED WATER UNE SIZE o •
TO SERVE STONEWATER DEVELOPMENT
OFFSRE UNE SIZE
PER CITY OF ROUND ROCK (301
PLAN
E NUMBER
E ID
SERACE BOUNDARY ■••
SERVICE LEVEL AREAS — • — • — • — . — • — • —
ERVICE LEVEL DESIGNATIONS
EXHIBIT A, — Page 1 0 f 2
LEGEND
STING REGIONAL ALLIANCE
WASTEWATER TREATMENT
PLANT SITE (10MGD REGIONAL-
2.5 MGO CITY OF ROUND ROCK)
PROPCSE.D WASTEWATER MAIN
• EXISTING NASTEwATER • MAIN C
RROPCSED wASTEwATER WIN
EXISTING REGIONAL WASTEWATER IAAIN
DRAINAGE BASIN BMOC
TRIBuTARY. AREA MADE
TR.SuTAIW AREA DESIGNATION
SERNACE AREA BOUNDARY e (5 , LINE SEDADir DESIGNATION
oRmucE, omDE
■
EXHIBIT TWO
NEWLAND ASSOCIATES — TEXAS
STONEWATER — ROUND ROCK, TEXAS
PROP O U S N E D D R O V C A R ST PO V A T E4 5E R AN V1C
TumerCoilie0Bracien Inc.
.SMACIS 1 I 2C0(1 I AAAwn. 4 . , s 9 x
RD ..r/613-02.1 I
rad
Mb
EXHIBIT - Page 2 of 2
Writer's Phone: (713) 758.2622
Writer's Fax (713) 615 -5453
Ms. Christine Martinez
City of Round Rock Administration
221 East Main Street
Round Rock, Texas 78664
Vinson&Elkins
ATTORNEYS AT LAW
VINSON & ELKINS L.L P.
2300 FIRST CITY TOWER
1001 FANNIN STREET
HOUSTON, TEXAS 77002 -6760
TELEPHONE (713) 758 -2222
FAX (713) 7583346
April 30, 2001
RECEIVED MAY D 4 21101
E-mail. Isotirake @velaw.com
Web www velaw com
Re: Williamson County Municipal Utility District No. 10 (the "District ")
Dear Ms. Martinez:
Enclosed please find a fully executed original of the Water Supply and Wastewater Services
Contract between the above referenced District and the City of Round Rock.
Should you have any questions, please feel free to call me at (713) 758 -2622.
Enclosure
cc: Mr. Jim Powell (w /enc.)
Mr. Keith Young (w /enc.)
Ms. Margret Wingrove (w /enc.)
Sincerely,
Linda F. Sotirake
Legal Assistant
HOUSTON AUSTIN BEIJING DALLAS LONDON MOSCOW NEW YORK SINGAPORE WASHINGTON. D.0
SUE BROOKS LITTLEFIELD
(512) 435-2307
slittletield@abdlaw.com
Steve Sheets
Brown McCarroll Sheets & Crossfield
309 E. Main Street
Round Rock, Texas 78664 -5264
Enclosures
cc: Jim Powell (w /enc)
Jim Boone (w /enc)
100579.1/022201
ARMBRUST BROWN & DAVIS, L.L.P.
ATTORNEYS AND COUNSELORS
100 CONGRESS AVENUE, SUITE 1300
AUSTIN, TEXAS 78701 -4042
(512) 435-2300
TELECOPIER (512) 435.2360
February 22, 2001
1.. G2Ln. :01..11:.13 ,RCVD
RE: Teravista Utility Agreement
Dear Steve:
Enclosed are the following:
1. redlined page, indicating change we discussed in paragraph 2.04;
1. three originals of the utility agreement between Williamson County Municipal Utility
District No. 10 and the City of Round Rock; and
2. three originals of the utility agreement between Williamson County Municipal Utility
District No. 11 and the City of Round Rock.
We understand that these agreements will be on the City's agenda of March 8, 2001, unless we hear
otherwise. After execution of these agreements, please return all originals to me. I will obtain signatures
from Newland, and then return a fully executed original of each agreement to you for the City's files.
Let me know if you have any questions or comments. As always, I appreciate the opportunity of
working with you.
Sincerely,
ARMBRUST BROWN & DAVIS, L.L.P.
By:
Sue Brooks Littlefield
calibrate its master meters once every 12 months, or more frequently upon the City's request;
however, the cost of the calibration will be borne by the City if the City requests calibration
more frequently than once every 12 months. The District will notify the City at least three
days before any calibration, and the City will have the right to have a representative present
during the calibration. Any meter registering within three percent of the test result will be
deemed to be accurate; any inaccurate meter will be adjusted as provided in Section 2.03.
All master meters will remain the property of the District, but the City will be given access
to the metering equipment during regular business hours. No adjustments to or physical
alteration of any component of the District Water System, including the master meters and
valves, will be made by the City without the District's prior written consent.
2.04. Reading of Metering Equipment. All master meters will be read by the City at least once
during each monthly billing cycle. The District will read all District master meters daily;
durin the .eriod between June 15 and Se .tember 15 and durin• the remainder of the year,
will read all master meters daily except on weekends and State and Federal holidays. If, at
. .. ui y:
The District will provide the City with a copy of these daily meter readings on a monthly
basis. If any meter fails to register for any period or is determined to have registered
inaccurately, the amount of Water furnished during that period will be deemed to be the
amount of Water delivered during the corresponding period immediately preceding the
failure, subject to reasonable adjustment for seasonal and climatic conditions, or the City and
the District may agree to another method of estimating the usage.
2.05. Standard of Service. The Water Supply Services provided to the District by the City will
be nondiscriminatory, and consistent with the City's policies, ordinances and regulations for
the provision of wholesale Water service. Service to the District may be limited by the City
only in the same manner and to the same extent that Water service is limited inside the Ciry's
corporate limits. If there is a shortage of Water, the supply of Water to the District may be
reduced by the City only in the same proportion and manner as Water supply is reduced to
the City's other customers. The quality of Water provided to the District will be the same
as the quality of Water provided by the City inside the City's corporate limits.
2.06. Water Conservation Plan. Within 90 days of (i) the date upon which the District begins
operation of its District Water System, or (ii) the effective date of this Agreement, whichever
occurs last, the District will adopt a water conservation plan no less stringent than the City's
current water conservation plan applicable to customers within the City's corporate limits,
a copy of which is attached as Exhibit B. The City will give the District written notice of any
amendment of the City's water conservation plan that the City requires the District to adopt
and, within 60 days after such notice, the District will amend its water conservation plan to
incorporate that amendment.
2.07. On -Site Utilities. Anything herein to the contrary notwithstanding, the City agrees that
existing buildings located within the District, temporary residences established to provide
housing for residents who will participate in the District's elections, and any remote golf
course restrooms that cannot readily be served through the District's Water or Wastewater
Systems may be provided with Water through on -site water wells and Wastewater through
93643.RED2&3/022201 UTILITY AGREEMENT/ Page 4
�� ►� CITY OF ROUND ROCK
" i 1
Mayor
Robert A. Stluka, Jc
Mayor Pro-tem
Earl M. Hairston
Council Members
Tom Nielson
Carrie Pat
Earl Palmer .
Isabel Gallahan
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney .
Stephan L Sheets
June 26, 2001
Ms. Linda F. Sotirake
Vinson & Elkins
2300 First City Tower
1001 Fannin Street
Houston, Texas 77002 -6760
Dear Ms. Sotirka:
221 Fast Main Street
Round Rock, Texas 78664
512 -218 -5400
Enclosed is a copy of Resolution No. R- 01- 03- 22 -12G5 and R- 01- 03- 22 -12G6. Please
replace these resolutions with the corrections for Resolution No. R- 00- 03- 22 -I2G5 and
R- 00- 03- 22 -12G6 that was sent to you with the incorrect resolution number. If you have
any questions please give me a call.
Sincerely,
7 4070
Nikki Lewis,
Administration Technician
Enclosures
Fax: 512 -218 -7097
1.800- 735 -2989 TDD
www.d.rouod- mck.tx.us
1 -800 -735 -2988 Voice