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No building permit shall be issued for the erection of any building upon real property within the city unless the applicant for the building permit gives the particular agency or department to which application is being made sufficient proof of the type of approved excreta disposal system to be used for the structure.
(1964 Code, § 19-407) (Ord. 11146, § 1, passed 8-11-1992)
(a) No on-site sewage disposal system, as defined in Tex. Health and Safety Code Chapter 366, shall be constructed, covered or used until a permit shall have been issued by the director of the city department of public health or other governmental entity authorized to do so by the city council. The director or the authorized entity shall inspect all on-site sewage disposal systems for compliance with all local and state regulations. No on-site sewage disposal system shall be covered or used until it has been inspected and approved by the director of the city department of public health or such other governmental entity authorized by the city council. All inspection and permitting authority prescribed herein shall include the enforcement of all local and state regulations governing on-site sewage disposal systems.
(b) The city, upon approval and authorization by the city council, may enter into an agreement with another local governmental entity authorizing said other governmental entity to perform all or a portion of the inspection and permitting functions described in this section in place of the director of the city department of public health. If the city council does authorize another governmental entity to assume the said functions, such entity shall retain those functions exclusively until the city council expressly terminates such authority and responsibility. Provided, however, that the city shall retain exclusive responsibility for inspection and permitting of on-site sewage disposal systems in the Lake Worth watershed area.
(1964 Code, § 19-408) (Ord. 11146, § 1, passed 8-11-1992)
A permit for an on-site sewage disposal system may be withheld if the director or authorized entity determines that operation or location of the particular on-site sewage disposal system would adversely affect the public health.
(1964 Code, § 19-409) (Ord. 11146, § 1, passed 8-11-1992)
No person shall clean or empty, and no person shall have cleaned or emptied any chemical toilet, on-site sewage disposal system, or other excreta disposal system, unless such person doing the cleaning or emptying is licensed to perform such service in the city.
(1964 Code, § 19-410) (Ord. 11146, § 1, passed 8-11-1992)
(a) All owners of real property situated within the city upon which improvements are situated, where the outside line of any part of the property abuts upon an alley or street or through which a public sewer extends or is within a distance or radius of 100 feet of a public sanitary sewer, shall provide a water closet with water service on such premises and connect same with the public sewer, which connection shall be and made by and at the expense of the owner of the improvements.
(b) Where a sanitary sewer is not available, but where water under pressure is available, such water closet shall be connected to an on-site sewage disposal system installed in accordance with all local and state regulations, including requirements found in this article.
(c) The requirements of this section shall apply to every lot or part of lot upon which a dwelling house or business house now exists or upon which same may be hereafter erected; a separate water closet, with its proper connections, being mandatory for each dwelling or business house.
(1964 Code, § 19-411) (Ord. 11146, § 1, passed 8-11-1992)
(a) (1) Lawns and landscaping may be watered on any day, at any time, by handheld hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees and other high value landscape materials).
(2) Except for hand watering, drip irrigation and the use of soaker hoses, a person may only irrigate, water or cause or permit the irrigation or watering of any lawn or landscape, inclusive of structural foundations, trees and other high value landscape materials, located on premises owned, leased, or managed by that person:
a. On a day designated as an outdoor water use day for the property’s address as shown below; and
b. Between the hours of 12 midnight to 10:00 a.m. and 6:00 p.m. to 11:59 p.m. on such day.
1. Residential addresses ending in an even number (0, 2, 4, 6 or 8) may water on Wednesdays and Saturdays.
2. Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursdays and Sundays.
3. All nonresidential locations (apartment complexes, businesses, industries, parks, street and/or roadway medians and the like) may water on Tuesdays and Fridays.
(b) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased or managed by that person between the hours of 10:00 a.m. and 6:00 p.m.
(c) Except for hand watering, drip irrigation and the use of soaker hoses, a person commits an offense if that person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person on a day that is not designated as an outdoor water use for that property address as shown in subsection (a) above.
(d) A person commits an offense if a person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes:
(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or
(2) An irrigation system or other lawn or landscape watering device to operate during any form of precipitation.
(e) A person commits an offense if, on premises owned, leased or managed by that person, a person operates a lawn or landscape irrigation system or device that:
(1) Has any broken or missing sprinkler head; or
(2) Has not been properly maintained in a manner that prevents the waste of water.
(f) Affirmative defenses.
(1) It shall be an affirmative defense to prosecution of an offense in subsection (a) above that at the time such person irrigates, waters or causes or permits the irrigation or watering of any lawn or landscape, such activity was for the purpose of:
a. Dust control of a sports field; or
b. The maintenance, repair or testing of an irrigation system.
(2) The activity described in subsection (f)(1)a. and (f)(1)b. above may only occur within a period of two days no more than once every 30 days. Any such activity requiring a longer period or greater frequency shall require a variance as provided by subsection (g) below.
(g) Variances.
(1) The water department director or official designee may grant variances to the twice per week watering and irrigation restrictions and schedule, if one or more of the following conditions are met:
a. Failure to grant such a variance would cause an emergency condition adversely affecting health, sanitation or fire safety for the public or the person requesting the variance;
b. Compliance with the watering and irrigation restrictions and/or schedule cannot be accomplished due to technical or other limitations; or
c. Alternative methods that achieve the same level of reduction in water use can be implemented.
(2) The water department director or official designee may grant variances to allow for establishment of hydromulch, grass sod or grass seed for new lawns.
(3) Variances shall be granted or denied at the discretion of the water department director or official designee. All petitions for variances shall be in writing and shall include the following:
a. Name and address of the petitioner(s);
b Purpose of the water use;
c. Specific provisions from which relief is requested;
d. Detailed statement of the adverse effect of the provision from which relief is requested;
e. Description of the relief requested;
f. Period of time for which the variance is sought;
g. Alternative measures that will be taken to reduce water use; and
h. Other pertinent information requested.
(h) A person who irrigates, waters or causes or permits the irrigation or watering by use of an alternative water source such as a well, reclaimed or reused water, or water from the Trinity River is exempt from prosecution if that person has:
(1) Registered such alternative water source with the city;
(2) Provided sufficient proof to the water department director that the alternative water source is from a well, reclaimed or reused water or from the Trinity River and has allowed inspection by the water department director if deemed necessary; and
(3) Complied with the city’s backflow and cross-connection control program and city code §§ 12.5-525 through 12.5-599.
(Ord. 17901, § 1, passed 12-4-2007; Ord. 21194-04-2014, § 2, passed 4-8-2014, eff. 4-16-2014)
(a) Any commercial or industrial customer class irrigation system installed within the city on or after June 1, 2006 must be equipped with properly working rain and freeze sensors.
(b) Any commercial or industrial customer class irrigation system installed before June 1, 2006 may not be operated after June 1, 2007 without being equipped with properly working rain and freeze sensors.
(c) The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the city’s backflow and cross-connection control program, city code §§ 12.5-525 through 12.5-599. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of § 12.5-532.
(d) Any residential customer class irrigation system installed within the city on or after June 1, 2007 must be equipped with properly working rain and freeze sensors.
(e) It shall be unlawful for any person to knowingly or recklessly install, operate or cause or permit the installation of or the operation of, an irrigation system in violation of subsections (a) through (d) above on premises owned, leased or managed by that person.
(Ord. 17901, § 1, passed 12-4-2007)
The governmental use of water for essential services such as police, fire and emergency services which are necessary to preserve or protect the health, safety and welfare of the citizens of Fort Worth are exempt from any and all restrictions or mandates set forth in this article.
(Ord. 17901, § 1, passed 12-4-2007)
The director or the director’s designee may assess an administrative fee, in addition to any criminal penalty assessed for a violation of this article as described below. Each day that a violation occurs shall constitute a separate violation.
(a) In-ground irrigation systems violations.
(1) The director may install a locking device on a double check valve to the irrigation system found to be operating in violation of this article and shall assess an administrative fee as approved by city council.
(2) Notice shall be left on the premises to advise the owner/operator that the double check valve to the irrigation system has been turned off.
(3) Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person that the irrigation system has been turned off and locked. The notice shall also state the amount of the assessed administrative fee and shall advise the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
(b) Violations for systems without double-check valves or in-ground irrigations systems.
(1) The director shall leave notice on the premises to advise the owner/operator that the person was in violation of watering restrictions and may assess an administrative fee as approved by city council.
(2) Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person of the assessment of administrative fees and advising the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
(c) Locking device. It shall be unlawful for any person to tamper with, cause damage to or remove a locking device placed on a check value by the director or the director’s representative.
(Ord. 17901, § 1, passed 12-4-2007)
(a) A person assessed an administrative fee who wishes to re-establish service to the irrigation system is required to make payment of the assessed fee.
(b) A person may request a hearing to protest the assessment of an administrative fee. To request a hearing, the water customer must make the request in person to the water department within 15 business days from the date on the written notice of violation. If a locking device was installed it shall remain in place until the conclusion of the hearing and payment of any required fee.
(c) The director or his or her designee shall act as the hearing officer. The director shall evaluate all information offered by the petitioner at the hearing. The petitioner making the request for a hearing shall bear the burden of proof to show by a preponderance of the evidence, why the administrative fee should not be assessed. The hearing officer will provide a decision at the time of the hearing or within three business days following the conclusion of the hearing.
(d) Payment of any fees assessed at the hearing must be made within seven business days of the decision from the hearing. Any fees not paid within this time limit shall be added to the customer’s next water bill.
(e) A person may elect to pay the administrative fee without requesting a hearing. Any fees not paid within 15 business days from the date of the written notice shall be added to the person’s next water bill.
(Ord. 17901, § 1, passed 12-4-2007)
In this article:
AIR GAP. A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel.
ALTER (ALTERATION). Any modification of an existing irrigation system where 20% or more of the original system is altered; and/or when additional zones are added to the existing system.
AUTOMATIC CONTROLLER. A solid state timer capable of operating valve stations to set the days, time of day and length of time water is applied.
BACKFLOW PREVENTION. The mechanical prevention of the flow in the direction opposite to the normal flow; or the introduction of any foreign liquids, gases or substances into the public water system.
BACKFLOW PREVENTION ASSEMBLY. An approved assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the City of Fort Worth water department.
COMPLETION OF IRRIGATION SYSTEM INSTALLATION. The time when the landscape irrigation system has been installed, all minimum standards met, all tests performed and the irrigator is satisfied that the system is operating correctly.
CROSS-CONNECTION. Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system or any other assembly which contains, or may contain, contaminated water, domestic sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be CROSS- CONNECTIONS.
DESIGN. The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan.
DESIGN PRESSURE. The pressure that is required for an emission device to operate properly. DESIGN PRESSURE is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source.
DOUBLE CHECK VALVE. An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY.
EMISSION DEVICE. Any device that is contained within an irrigation system and that is used to apply water including, but not limited to, spray and rotary sprinkler heads, and drip irrigation emitters.
EMPLOYED. Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair or service to irrigation systems.
IRRIGATION INSPECTOR. A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor as required under Tex. Administrative Code Title 30, Chapter 30.
IRRIGATION PLAN. Scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system.
IRRIGATION SERVICES. Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply.
IRRIGATION SYSTEM. An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Tex. Agricultural Code § 251.002.
IRRIGATION TECHNICIAN. A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply as required under Tex. Administrative Code Title 30, Chapter 30.
IRRIGATION ZONE. A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay or combination) or for hydrological control.
IRRIGATOR. A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, required to be licensed under Tex. Administrative Code Title 30, Chapter 30.
LANDSCAPE IRRIGATION. The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf.
LICENSE. An occupational license that is issued by the Texas commission on environmental quality under Tex. Administrative Code Title 30, Chapter 30.
MAINLINE. A pipe within an irrigation system that delivers water from the water source to the individual zone valves.
MASTER VALVE. A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline.
MATCHED PRECIPITATION RATE. The condition in which all sprinkler heads within an irrigation zone apply water at the same rate.
NEW INSTALLATION. An irrigation system installed at a location where one did not previously exist.
POTABLE WATER. Water that is suitable for human consumption.
RECLAIMED WATER. Reclaimed water that is collected through a publicly owned treatment works and is under the direct control of the city wastewater treatment plants or a wastewater treatment plant with which the city contracts, and that has been treated to a quality that meets or exceeds Chapter 210 requirements of Tex. Administrative Code Title 30.
SUPERVISION. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system.
ZONE FLOW. A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the ZONE FLOW is the total flow of all nozzles in the zone at a specific pressure.
ZONE VALVE. An automatic valve that controls a single zone of a landscape irrigation system.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) Any person who connects an irrigation system to the water supply within the city or the city’s extraterritorial jurisdiction (ETJ) on or after January 1, 2009, except as specified below, or alters an irrigation system to the water supply as defined herein, must hold a valid license.
(b) A property owner is not required to possess a license if the property owner is performing irrigation work in a building or on a premises owned or occupied by that person as the person’s home. A property owner who installs an irrigation system must comply with the minimum design standards as described in Tex. Administrative Code, Title 30, Chapter 344 and § 12.5-878.
(c) A person commits an offense if a person connects an irrigation system to the water supply within the city or the ETJ on or after January 1, 2009 or alters an irrigation system to the water supply as defined herein without a valid license pursuant to this section.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) Any person installing or altering an irrigation system within the city or its ETJ, unless otherwise exempted below, shall first obtain a permit from the city’s planning and development department.
(b) A person shall be exempt from obtaining a permit prior to installing or altering an irrigation system if such irrigation system is:
(1) An on-site sewage disposal system, as defined by Tex. Health and Safety Code § 366.002;
(2) Used on or by an agricultural operation as defined by Tex. Agriculture Code § 251.002, as it may be amended; or
(3) Connected to a groundwater well used by the property owner for domestic use.
(c) A person commits an offense if a person installs or alters an irrigation system within the city or its ETJ, unless otherwise exempted, without a permit from the city.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced and operated in a manner that shall prevent the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust and control erosion.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) An irrigator shall prepare an irrigation plan as described in subsection (d) below, for each site prior to installation or alteration of an irrigation system. An easily available paper or electronic copy of the irrigation plan must be on site at all times during such installation of the irrigation system.
(b) During the installation or alteration of the irrigation system, variances from the original plan are allowable if noted in red on the irrigation plan, and provided that the change(s) does not:
(1) Diminish the operational integrity of the irrigation system; nor
(2) Violate any requirement of this Article VII.
(c) The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan.
(d) All irrigation plans must be drawn to scale. The plan shall include the following information:
(1) The irrigator’s seal, signature and date of signing;
(2) All major physical features and the boundaries of the areas to be watered;
(3) A north arrow;
(4) A legend;
(5) The zone flow measurement for each zone;
(6) Location and type each automatic controller and sensor (such as rain, moisture, wind, flow or freeze sensors);
(7) Location, type and size of each:
a. Water source, such as, but not limited to, a water meter and point(s) of connection;
b. Backflow prevention assembly;
c. Water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip or micro-sprays;
d. Valve, including but not limited to, zone valves, master valves and isolation valves;
e. Pressure regulation component; and
f. Main line and lateral piping.
(8) The scale used; and
(9) The design pressure.
(e) An irrigator commits an offense if the irrigator fails to provide an irrigation plan for the irrigation system that person installed or caused to be installed as required herein.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
Any person who installs or alters an irrigation system (or who causes such installation or alteration) shall comply with the following minimum requirements.
(a) Manufacturer’s specifications. A person shall not install nor cause to be installed, an irrigation system which requires the use of any component, including the water meter, in a way which exceeds the manufacturer’s published performance limitations for the component.
(b) Spacing.
(1) The maximum spacing between emission devices shall not exceed the manufacturer’s published radius or spacing of the device(s). The radius or spacing shall be determined by the manufacturer’s published specifications for a specific emission device at a specific operating pressure.
(2) a. New or altered irrigation systems shall not utilize above-ground spray emission devices in landscapes:
1. That are less than 60 inches (which shall not include the impervious surfaces in either length or width); and
2. Which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters.
b. Qualifying areas less than 60 inches may be irrigated utilizing subsurface or drip irrigation, pressure compensating tubing, or be designed without irrigation. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers or stones set with mortar.
(3) Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area.
(c) Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator or pressure compensating spray heads.
(d) Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe.
(e) Irrigation zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions and hydrological requirements.
(f) Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate.
(g) Spray. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc.
(h) Foundations. If the irrigation plan includes a foundation watering system, a separate station shall be dedicated for drip irrigation.
(i) Master valve. A flow control master valve shall be installed on the discharge side of the backflow prevention assembly on all new installations.
(j) Check valves. Check valves are required where elevation differences may result in low head drainage. Check valves may be located at the sprinkler head(s) or on the lateral line.
(k) Pop-up heads. Pop-up heads shall be installed at grade level and operated to extend above all landscape turfgrass.
(l) PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the city’s plumbing code, as it may be amended.
(m) Automatic controllers. All new irrigation systems must include an automatic controller capable of providing the following features:
(1) Multiple irrigation programs with at least three start times per program;
(2) Limiting the irrigation frequency to once every seven days and once every 14 days; and
(3) A water budgeting feature.
(n) Operational rain or moisture and freeze shut-off devices or other technology. All new automatically controlled irrigation systems must include operational sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of freezing weather and moisture or rainfall in accordance with city code § 35-152. Freeze and rain or moisture shut-off technology must be installed according to the manufacturer’s published recommendations. Repairs or alterations to existing automatic irrigation systems that require replacement of an existing controller must include an operational sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of freezing weather and moisture or rainfall.
(o) Isolation valve. All irrigation systems must include an isolation valve between the water meter and the backflow prevention assembly.
(p) Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer’s published specifications for depth coverage of piping.
(1) If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner’s representative to address any safety issues.
(2) If a utility, human-made structure or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil.
(3) All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade.
(q) Wiring irrigation systems.
(1) Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground.
(2) Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer’s recommendation.
(3) Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer.
(4) Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill.
(r) No potable use. Water contained within the piping of an irrigation system shall be deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled “nonpotable, not safe for drinking.” An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system.
(s) Y-strainer. A Y-type strainer must be installed on the inlet side of the double check valve.
(t) Backflow. A backflow prevention assembly shall be installed and used in compliance with Chapter 12.5, Article V, Division 3, Cross-Connection Control.
(u) Effective January 1, 2010, a licensed irrigator shall:
(1) Be on-site at all times while the landscape irrigation system is being installed; or
(2) Ensure that a licensed irrigation technician is on-site to supervise the installation of the irrigation system.
(v) Offense. A person commits an offense if a person who installs, allows or causes to be installed an irrigation system which does not meet the minimum design requirements described in this section.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
Upon completion of the irrigation system installation or alteration, the irrigator or irrigation technician who provided supervision for the on-site installation shall complete the following:
(a) The irrigator or irrigation technician shall perform a final walk-through inspection with the irrigation system’s owner or the owner’s representative. The walk-through shall include a review of the those items on the maintenance checklist as described in subsection (b) below;
(b) The items on the maintenance checklist required in subsection (a) above shall include:
(1) The irrigator’s name, license number, company name, telephone number;
(2) The location of the water meter, isolation valve, backflow prevention assembly, sprinkler heads, drip or pressure compensating tubing irrigation, rain or moisture and freeze shut-off device;
(3) The irrigation plan;
(4) The manufacturer’s manual for the automatic controller;
(5) A seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors and site factors;
(6) A list of components, such as the nozzle, or pump filters, and other such components that require maintenance and the recommended frequency for the service; and
(7) The following statement:
“This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the irrigation plan and is properly adjusted for the most efficient application of water at this time.”
(c) The irrigator or irrigation technician shall obtain the signature of the irrigation system’s owner or owner’s representative on the maintenance checklist which evidences that a walk-through by the two parties was performed and included a review of those items in subsection (b) above. If the irrigation system’s owner or owner’s representative is unwilling or unable to sign the maintenance checklist, the irrigator or irrigation technician shall note the time and date of the refusal on the irrigation system’s owner or owner’s representative’s signature line.
(d) The irrigator or the irrigation technician shall provide the irrigation system owner or owner’s representative the signed original maintenance checklist and a copy of the irrigation plan.
(e) The irrigator or irrigation technician shall permanently affix the irrigator’s name, license number, company name, telephone number to each automatic controller installed by the irrigator or irrigation technician. The information must be waterproof.
(f) In the event that the irrigation system owner or owner representative is a residential home builder, then a copy of the irrigation plan indicating the actual installation of the system and corresponding maintenance checklist must be placed within or attached to the automatic controller when such home is sold. A signed statement from the new owner and the residential home builder, or builder’s representative, stating they have received and transferred, respectively, a copy of the irrigation plan and maintenance checklist must be provided to the city’s water department within 30 days of the transfer to the new owner.
(g) A person commits an offense if that person fails to comply with the terms of this section.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) Upon completion of the irrigation system installation or alteration, and after review of the irrigation system by the owner as provided for in §§ 35-166(a) through (f), the irrigator or irrigation technician, or property owner shall request an inspection of the irrigation system by the city’s water department. Such irrigation system shall not be used without the city’s completed inspection and approval that such irrigation system complies with Article VII.
(b) A person commits an offense if that person uses, allows to be used or causes to be used an irrigation system which has not passed the city’s inspection and has not received the city’s approval for its use.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) An irrigator is responsible for all work that the irrigator performs during the installation, maintenance, alteration, repair or service of an irrigation system.
(b) All trenches and holes created during the maintenance, alteration, repair or service of an irrigation system must be returned to the original grade with compacted select backfill by the irrigator who caused such work to occur.
(c) Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair or service of an irrigation system in accordance with the city’s plumbing code, as it may be amended.
(d) When maintenance, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention assembly, an isolation valve shall be installed, if an isolation valve is not present.
(e) A person commits an offense if that performs or causes to be performed any maintenance, alteration, repair or service of an irrigation system in violation of the section.
(f) The city shall not bear any responsibility to the owner of an irrigation system to modify or upgrade the irrigation if the city exposes the mainline during maintenance of the city’s water system.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) Reclaimed water may be utilized in the irrigation systems if:
(1) There is an written agreement between the city and the owner/operator of the irrigation system;
(2) The user complies with Tex. Administrative Code Title 30, Chapter 210, titled “Use of Reclaimed Water;”
(3) There is no direct contact with edible crops, unless the crop is pasteurized before consumption;
(4) The irrigation system does not spray water across property lines that do not belong to the irrigation system’s owner;
(5) The irrigation system is installed using purple components;
(6) The domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with Tex. Administrative Code Title 30, § 290.47(i);
(7) A minimum of an eight-inch by eight-inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, “RECLAIMED WATER - DO NOT DRINK” and “AGUA DE RECUPERACIÓN - NO BEBER;” and
(8) The backflow prevention on the reclaimed water supply line complies with the city code requirements and other applicable laws.
(b) A person may not use or connect any alternative water supply sources, such as, but not limited to, gray water or harvested rain water without the prior written approval of the city’s water director.
(c) A person commits and offense if that person uses or causes to be used reclaimed water or any other source or supply of water in violation of this section.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) All vehicles used in the performance of irrigation installation, maintenance, alteration, repair or service must display the irrigator’s license number in the form of “LI____________” in a contrasting color of block letters at least two inches high, on both sides of the vehicle.
(b) All forms of written and electronic advertisements for irrigation services must display the irrigator’s license number in the form of “LI____________.” Any form of advertisement, including business cards, and estimates which displays an entity’s or individual’s name other than that of the irrigator must also display the name of the irrigator and the licensed irrigator’s license number.
(c) Additionally, the name, mailing address and telephone number of the TCEQ must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept.
(d) A person commits an offense if that person uses or causes to be used any advertisement in violation of this section.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
On all installations of irrigation systems or maintenance, alterations, repairs or service to existing irrigation systems, an irrigator shall present the irrigation system’s owner or owner’s representative a written document that identifies the materials furnished in the maintenance, alteration, repair or service. If a warranty is provided, the irrigator must specify the irrigator’s name, business address and business telephone number(s), must contain the signature of the irrigation system’s owner or owner’s representative confirming receipt of the warranty and must include the statement:
Irrigation in Texas is regulated by the Texas commission on environmental quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ’s website is: www.tceq.state.tx.us.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
(a) The city council shall adopt a schedule of fees for reimbursement of costs of permitting, inspecting and enforcing Article VII as follows:
(1) Fees for issuing irrigation installation permits; and
(2) Fees for monitoring and inspection by the city or its agent.
(b) Such fees shall relate solely to the matters covered by this Article VII and are separate from and in addition to all other fees, fines and penalties assessable by the city.
(c) The fee schedule may be amended from time-to-time as the city council deems reasonably necessary.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
In this article:
APPROVED USE. The use of reclaimed water as authorized by law and approved through a reclaimed water agreement with the city.
APPROVED USE AREA. A site authorized by law and designated approved in a reclaimed water agreement to receive reclaimed water for an approved use.
CHAPTER 210. Tex. Administrative Code Title 30, Chapter 210, titled “Use of Reclaimed Water,” as it may be amended from time to time.
COMMINGLE. The mixing of reclaimed water with one or more liquids in the same container unit.
COMMISSION or TCEQ. The Texas commission on environmental quality and its successor agencies.
CONTAINER UNIT. Any container that is used to hold reclaimed water during transport from a wastewater treatment facility to an approved use area.
CROSS-CONNECTION. Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system or any other assembly which contains, or may contain, contaminated water, domestic sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be CROSS- CONNECTIONS.
DIRECTOR. The director of the water department, or the director’s designee.
DISTRIBUTION MAIN.
(1) A reclaimed water main offsite to a user which is constructed at the expense of the reclaimed water user and which connects one or more user with a City of Fort Worth transmission main.
(2) DISTRIBUTION MAINS terminate at:
a. The point of connection with a user’s reclaimed water meter; and
b. The point of connection with the City of Fort Worth’s transmission mains.
(3) All
DISTRIBUTION MAINS (including the reclaimed water meter connecting to a user’s onsite reclaimed water main) accepted by the City of Fort Worth becomes the property of the City of Fort Worth at the time the distribution main is accepted.
DRAWINGS. Plans, working drawings, detail drawings, profiles, typical cross sections or reproductions that show locations, character, dimensions, or details of work related to a reclaimed water system and its components.
OFF-SITE FACILITIES. Any distribution main and/or transmission main as defined herein.
ON-SITE FACILITIES. Any reclaimed water transport or distribution lines on the user’s side of the reclaimed water meter. On-site reclaimed water mains are built by the user and subject to permitting, the City of Fort Worth’s regulations and inspection and Chapter 210 minimum standards.
POINT OF CONNECTION. A location where offsite facilities connect to onsite facilities and, unless otherwise set forth in the reclaimed water service agreement, is the point at the downstream end of the water department’s reclaimed water service.
RECLAIMED WATER. Wastewater that is collected through a city owned wastewater treatment plant(s), treated to a quality that meets or exceeds the TCEQ’s authorization to the city and/or Chapter 210 requirements.
RECLAIMED WATER DISTRIBUTION SYSTEM. That system of pipes and related facilities for the distribution, use and sale of reclaimed water by the city or the city’s contractor’s.
RECLAIMED WATER SERVICE. The furnishing of reclaimed water to a user, through a metered connection, to onsite facilities.
RECLAIMED WATER SERVICE AGREEMENT. A standard agreement, between a user and the city that establishes the conditions and terms for delivery and use of reclaimed water.
RECLAIMED WATER SERVICE AREA. The territory within the city and within its extraterritorial jurisdiction (ETJ) and as it may later be amended.
RECLAIMED WATER TRANSPORTATION. The transport of reclaimed water by vehicles to an approved use area.
STORAGE FACILITY. An impoundment or structural tank that receives and stores reclaimed water.
TRANSMISSION MAIN. A reclaimed water main including pumping and monitoring facilities.
USER. A private party to a reclaimed water agreement with the city.
WATER DEPARTMENT. The City of Fort Worth water department.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Upon the director’s recommendation that the provision of reclaimed water is feasible, the city manager may enter into a standard reclaimed water agreement for the provision of reclaimed water to properties within the reclaimed water service area upon application, and in compliance with this article and all applicable laws and regulations.
(b) A person who requests reclaimed water service from the city must meet all requirements provided in this article and all minimum design, construction and operation standards for reclaimed water facilities.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) To request reclaimed water service, a person must own or manage the property for which the service is to be provided.
(b) A person must submit an application to the director and agree to abide by all requirements for reclaimed water service as described in this article. If a person meets the requirements described herein, then that person must enter into a standard reclaimed water agreement prior to the delivery of reclaimed water.
(c) The director shall review each submitted application and shall make such investigation, to include site visits, as is reasonably necessary to determine if such service is feasible.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A person making an application for reclaimed water service shall submit the following information to the director for his or her approval, prior to construction or retrofit of an onsite facility that will use or receive reclaimed water:
(1) Design drawings and specifications which must be in compliance with the city’s policies and regulations;
(2) Drawings of the final installed onsite facility and the entire proposed use area;
(3) Proof that the user will be compliant with Chapter 12.5, Article 5, Division 3 Cross-Connection Control and has the required backflow prevention assembly on the reclaimed water service line; and
(4) Proof, as requested by the director, that the user has sufficient storage facilities for the reclaimed water and will be in compliance with Chapter 210.
(b) The director may issue written notice to the applicant to proceed with construction and/or retrofit upon satisfaction that the applicant meets or shall meet the minimum design and operation standards for reclaimed water service.
(c) After completion of the construction or retrofit of the onsite facilities for reclaimed water service, the applicant must make a written request for inspection by the city. The inspection shall include the cross-connection control and an operational test.
(d) The director shall grant the user approval of reclaimed water onsite facilities if:
(1) The director determines that the applicant meets the city’s minimum design and operation standards; and
(2) The system passes the inspection and the operational tests of the cross-connection control.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) It shall be unlawful for any person to make or to maintain any cross-connection or to allow any cross-connection to exist at any place under the control of any person.
(b) Any switchover system potentially allowing use of potable water as a temporary substitute for reclaimed water if reclaimed water is not available shall be built to ensure that reclaimed water does not back flow into the potable water system.
(c) To ensure the complete separation of a user’s onsite potable water system from the lines supplying reclaimed water, the city shall inspect or cause to be inspected by a third party contractor, the user’s onsite potable water system prior to supplying reclaimed water. Any recommended piping modifications shall be completed prior to commencement of the reclaimed water service. A re-inspection shall be conducted every year or as deemed necessary by the director.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Any person who desires the extension of reclaimed water distribution mains for the provision of reclaimed water service shall bear all costs of extending the distribution main from the transmission main to the user’s property line and comply with the city’s policy for the installation of community facilities as it relates to reclaimed water service. The size of such distribution mains are to be determined by the city, based on the user’s expected reclaimed water consumption.
(b) Any distribution main construction which includes oversizing of a distribution main at the request of the city shall be advertised for bids or using the city’s approved unit prices for water mains in the manner generally required for city construction and shall also comply with the city’s policy for the installation of community facilities. All qualified bids submitted shall be publicly opened and let in the same manner as other city construction contracts are bid and let. The construction contract shall be between the user and contractor. Prior to commencement of the work under the contract for construction of an oversize distribution main, the contractor must have complied with the city’s policy for the installation of community facilities.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Upon approval of the reclaimed water service onsite facilities, the applicant must execute a standard reclaimed water service agreement with the city to receive reclaimed water service.
(b) The reclaimed water service agreement shall incorporate the requirements of this article, Tex. Administrative Code Title 30, Chapter 210 and other terms and conditions prescribed by the city.
(c) Prior to delivery of reclaimed water, the applicant must sign the reclaimed water agreement acknowledging that the applicant, as the user, is now responsible for onsite facilities and related activities; that the user shall comply with all applicable laws and regulations, including but not limited to Chapter 210; and shall agree to hold the city harmless from any and all claims related to the reclaimed water and the operation and maintenance of the onsite facilities and related activities.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The city may discontinue reclaimed water service if the user:
(1) Violates the terms of the reclaimed water service agreement or this article;
(2) Fails to pay any and all fees assessed on the user’s water bill;
(3) Tampers with any facilities related to the service, including the meter;
(4) Cross-connects the reclaimed water system with a potable water source;
(5) Refuses to permit an authorized city representative to enter his or her premises to inspect the user’s reclaimed water system; or
(6) Performs an act that the director determines may be detrimental to the water, wastewater and/or reclaimed water system or the health and safety of the public.
(b) A user shall pay for the reclaimed water provided by the city until the reclaimed water service is properly disconnected.
(c) A user may not reconnect a discontinued service without the director’s approval.
(d) If a user reconnects a discontinued service without the director’s approval, the water department may remove the service and charge an additional fee.
(e) A user may apply for reinstatement of service after paying all fees or charges assessed.
(f) The director shall charge a fee for reinstatement of reclaimed water service.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The city and its authorized agents, employees or contractors are responsible for the operation, management and control of the offsite facilities and the oversight of reclaimed water.
(b) The city shall:
(1) Obtain necessary commission authorizations for the offsite use of reclaimed water under Chapter 210;
(2) Conduct reclaimed water quality assessments; and
(3) Have the right to take any action at such times that it deems necessary to safeguard the public health and safety.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A user shall:
(a) Be responsible for constructing an onsite service line to an established point of connection;
(b) Provide supervision of onsite facilities to assure compliance with this article and Chapter 12.5, Article V, Division 3 (Cross-Connection Control) of the city code;
(c) Provide access to on-site facilities at reasonable times for inspections by the city;
(d) Train all onsite facilities operations personnel consistent with the worker training and safety plan approved by the commission, pursuant to Tex. Administrative Code Title 30, § 210.4(a)(4)(F), as it may be amended from time to time; and
(e) Conduct all operations related to reclaimed water service in compliance with this article.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Reclaimed water may be used only for the following purposes:
(1) Turf and general landscape irrigation in compliance with § 35-167;
(2) Non-food processing industrial processes;
(3) Nonresidential toilet and urinal flushing;
(4) Construction activities;
(5) Vehicle washing;
(6) Air conditioning cooling towers; and
(7) Other lawful uses as authorized by the director.
(b) A user may use reclaimed water only in locations and for uses as designated and approved in the user’s executed reclaimed water service agreement.
(c) Each user of reclaimed water or action related to reclaimed water must comply with Tex. Administrative Code Title 30, Chapter 210 and these provisions of this article.
(d) Reclaimed water service agreements are non-transferrable to subsequent property owners and/or users. Each user must enter into a reclaimed water service agreement for the provision of reclaimed water.
(e) Reclaimed water used for cooling or processing must be discharged to a sanitary sewer, in compliance with all applicable permits and laws governing such discharges, or obtain written approval from the director for any other proposed use, disposal or discharge of such water.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The user shall conduct an annual inspection of the onsite facilities, either through the city water department or through the use of a city approved third party contractor.
(b) Additionally, the director may inspect devices installed by the user to control the flow of reclaimed water and may remove, or secure such devices if installed in violation of this article or any term of the reclaimed water service agreement.
(c) Director may inspect any offsite or onsite facilities, as well as use areas and adjoining property belonging to the user and shall be granted access, without prior notice to the user during normal business hours. If access is needed by the director during non-business hours, the user shall allow access at a reasonable time upon a prior request by the director.
(d) The user and his or her operators shall cooperate with the city and its authorized representatives and assist in performing inspections and operational tests.
(e) Any modifications to the user’s onsite facilities must meet all criteria in this article and is subject to inspection.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A user must identify reclaimed water onsite facilities with signs having a minimum size of eight inches by eight inches posted at all storage areas and on all hose bibs and faucets, in both English and Spanish, the words “Reclaimed Water, Do Not Drink” or a similar warning in accordance with Tex. Administrative Code Title 30, § 210.25.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
All persons using reclaimed water shall keep their onsite facilities in good repair, so as to prevent leakage. Maintenance is the owner’s responsibility. All onsite transportation, holding and distribution facilities for reclaimed water shall comply with the standards of Tex. Administrative Code Title 30, Chapter 210.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A person commits an offense if a person:
(a) Uses reclaimed water for a purpose not approved by this article and/or authorized in the reclaimed water agreement;
(b) Uses or applies reclaimed water for any purpose, including approved uses, by direct application or by windblown spray, to an area other than the approved use area;
(c) Uses hose bibs or faucets on a reclaimed water system unless they are designed and installed to prevent connection to a standard water hose, as defined in Tex. Administrative Code Chapter 210.25;
(d) Allows any obstruction to impede access to meter boxes or other onsite or offsite facilities;
(e) Gives, sells, trades or transfers reclaimed water to another area without the prior written approval of the director;
(f) Discharges airborne or surface reclaimed water from the user’s property, other than to a wastewater treatment system or wastewater collection system, without notifying the city of its permit granted by TCEQ and authorizing the discharge;
(g) Interrupts reclaimed water service in a portion of the city’s system without the prior written approval of the director;
(h) Stores or applies reclaimed water in such a way as to cause runoff or ponding. If such conditions occur, in addition to any other corrective action taken or required by law, the user shall immediately alter its method of application to prevent any further runoff or ponding;
(i) Tampers with, works on, or in any way alters or damages any part of the city’s reclaimed water system. Tampering or work shall include, but is not limited to, opening or closing of valves, or causing of any reclaimed water to flow from the system;
(j) Cuts into or makes any improper connection with the system;
(k) Causes or allows their reclaimed water system to have any cross-connections (between two or more water supplies), any illegal connections or tie-ins, or any discharge of reclaimed water into the public wastewater system;
(l) Takes or uses reclaimed water without payment; or
(m) Removes or defaces any warnings, labels or signs pertaining to reclaimed water use.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A person commits an offense if the person violates any provision of this article.
(b) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c).
(c) Each instance of a violation of this article is a separate offense.
(Ord. 19543-02-2011, § 1, passed 2-8-2011; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
(a) The rate for all reclaimed water users, effective October 1, 2018, shall be $1.7364 per 1,000 gallons, with an annual increase of 5% thereafter.
(b) The city council shall adopt a schedule of fees for reimbursement of costs of permitting and inspecting this Article VIII as follows:
(1) Application fee;
(2) Reclaimed water volume charge;
(3) Tap fee;
(4) Meter charges;
(5) Engineering or other professional services or inspection fees;
(6) Reclaimed water front footage charges;
(7) Reclaimed water main capacity charge;
(8) Reconnection fee; and
(9) Service reinstatement fee.
(c) The fee schedule may be amended from time-to-time as the city council deems reasonably necessary.
(Ord. 19543-02-2011, § 1, passed 2-8-2011; Ord. 23377-09-2018, § 4, passed 9-11-2018, eff. 10-1-2018)
Should any meter fail to register correctly the amount of reclaimed water used by a user since the previous reading, the right shall exist on the part of the water department to charge for reclaimed water service on the basis of three month’s average.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
Bills for reclaimed water service shall become due and payable to the city, at the office of the Water department, city hall, 1000 Throckmorton Street, within 21 days from the date of the bill. If a customer has not paid the bill in full within 24 days of the date of the bill, a 5% late fee shall be assessed against all unpaid current charges on the bill.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
The delivery of reclaimed water by the city and the acceptance and use of the reclaimed water by the user is not a transfer or an acquisition by the user of a water right or an ownership interest in any of the offsite facilities.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The city may allow for the transport of reclaimed water from its wastewater treatment facilities by a permitted vehicle to an approved use area.
(b) Reclaimed water shall be made available for transport by vehicle only under the terms and conditions provided herein and only to such persons as are duly permitted by the city as distributors as provided in this section.
(c) The city shall not be obligated to provide such reclaimed water to distributors and may discontinue such service at any time, or limit the volume of reclaimed water provided and amend loading procedures and/or locations.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A reclaimed water transportation permit is required to transport reclaimed water from a city facility to an approved use.
(b) No reclaimed water transportation permit shall be issued except upon application filed with the water department.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A person must make an application for a reclaimed water transportation permit and shall submit the following with the application:
(a) A photocopy of the applicant’s valid driver’s license and photocopies of valid driver’s license for every proposed driver of the reclaimed water transportation vehicles. If drivers are later hired or approved by the applicant/user, the applicant/user must submit photocopies of a valid driver’s license for each new person hired or approved prior to that person transporting reclaimed water;
(b) Sufficient evidence that vehicles to be permitted, are insured in at least the minimum amounts as required by state law, or are self-insured as provided by state law to secure payment of all lawful and proper claims arising out of the operation of each vehicle. The insurance shall provide for at least a 30-day prior cancellation notice to the director. A written statement from an authorized agent of the applicant’s insurance carrier verifying the issuance of such insurance shall be filed with the director before a permit is issued;
(c) Proof of registration and good standing with the Texas Secretary of State; and
(d) Any additional information requested by the director.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Before a permit is issued, each vehicle must satisfactorily pass city inspection and meet the following requirements:
(1) The business name, telephone number and address of applicant shall be permanently displayed on both sides of the vehicle in letters of a minimum height of three inches, in a color contrasting to their background. An address is sufficient if it states city and state. If the applicant’s business is not within municipality, the name of the county and state will be sufficient;
(2) The vehicle shall display current state vehicle registration tags and inspection certificate; and
(3) The vehicle shall be clean and odor free.
(b) Each container unit to be used for the transportation of reclaimed water shall be separately permitted and must meet the following requirements:
(1) Container units or tanks shall have a minimum capacity of 1,000 gallons, shall be capable of being closed water tight and shall be so closed during transport of reclaimed water; and shall be maintained in a leak-proof condition. Special permits may be issued for container units with a capacity of less than 1,000 gallons upon the determination by the director that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety; and
(2) Container units shall be identified by labels or signs such as “CAUTION - RECLAIMED WATER DO NOT DRINK” in English and Spanish. Labels or signs shall be placed so that they can be seen readily by all operations personnel using the vehicle and container unit.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The permit holder may request a modification to the permit during the permit year to register additional vehicles or container units. A request to register additional vehicles or container units shall be made to the director and at a minimum the permit holder shall:
(1) Ensure that all vehicles or container units meet the requirements of § 35-194;
(2) Provide proof of liability insurance or self insurance for such additional vehicles in accordance with § 35-194(b); and
(3) Pay a permit fee for each additional container unit in an amount set by the city council.
(b) A permit modification may not extend the term of the original permit.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Upon the issuance of a permit(s), the permit must be attached and clearly displayed in a secure and prominent place upon each vehicle and/or container unit for which the permit is issued.
(b) A permit shall be valid for one year from the date of its issuance, unless the permit is suspended or revoked as provided for in this article.
(c) A permit may not be transferred.
(d) The city council shall establish an annual fee for the vehicle and container unit permits.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The director may deny the issuance of a permit if:
(1) The applicant, a partner of the applicant, a principal in the applicant’s business, or applicant’s manager or operator has:
a. Within the five years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $2,000 and which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste; and/or
b. Been convicted of a felony which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste.
(2) The applicant fails to provide evidence of liability insurance or self insurance as required by this article;
(3) The applicant had a permit, that was issued under this article, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement;
(5) The application or required information is incomplete;
(6) The applicant’s vehicles or container units submitted for inspection do not meet the criteria of § 35-194;
(7) The applicant has not registered his or her business with the Texas Secretary of State or is not in good standing;
(8) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under this article; or
(9) The applicant has violated a provision of this article within the preceding 12 months.
(b) An applicant whose permit is denied will be notified by the director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application.
(c) An applicant whose permit is denied may request a hearing for reconsideration in accordance with § 35-203, provided such request is made within 15 calendar days of the issuance of the written notice of denial.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A person who has been issued a permit by the director shall comply with the following.
(a) A permit holder shall immediately notify the director of any management changes in the business during the time the permit is in effect, and shall provide the director with a photocopy of the new manager’s or chief operating officer’s driver’s license;
(b) A transporter shall deliver reclaimed water only to users that have been approved by the director and that have a reclaimed water service agreement on file with the city;
(c) The permit holder shall maintain insurance required by § 35-193 and immediately notify the director of any changes in its insurance carrier or policy, and insured status or self-insured status;
(d) The permit holder shall maintain all vehicles and container units registered under the permit in compliance with the requirements of § 35-194;
(e) The permit holder shall notify the director within three business days when it sells or otherwise disposes of a vehicle or container unit registered under the permit;
(f) A permit holder shall ensure that all of the permit holder’s employees collecting and transporting reclaimed water in vehicles and container units registered under the permit remain sufficiently knowledgeable of such vehicles and container units, and of the reclaimed water user locations they service, so that they are able to collect and transport reclaimed water in a safe and competent manner; and
(g) The permit holder shall ensure that none of the vehicles registered under a permit exceed state weight limits while transporting reclaimed water.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A transporter shall not transport reclaimed water in a manner or in a container unit or vehicle which would allow for any spillage or leakage of reclaimed water.
(b) A transporter shall not operate for the transportation of reclaimed water a vehicle or use container units that fail to meet the requirements of § 35-194.
(c) A transporter shall deliver reclaimed water only to users that have been approved by the director through a reclaimed water service agreement.
(d) A transporter shall not commingle reclaimed water with any other liquid or waste, including any other sources of non-potable water.
(e) All container units used to transport any other liquid or waste, including other sources of nonpotable water, shall be cleaned and disinfected prior to being used to transport reclaimed water. Required cleaning and disinfection procedures will be provided by the director. Any deviation from the required procedures must be approved in writing by the director.
(f) A transporter shall insure that reclaimed water is delivered to the approved user immediately but not later than 12 hours following receipt of the reclaimed water from the city.
(g) A transporter shall not discharge reclaimed water into a storm drain or the storm sewer system, or into any ponds, streams or rivers.
(h) Any excess reclaimed water shall be disposed of by discharging to a wastewater treatment system or wastewater collection system in compliance with all applicable permits or laws for such treatment or collection systems.
(i) A transporter shall allow the director and any authorized peace officer to inspect vehicles and container units registered under a permit, upon request.
(j) A transporter shall allow the director and any peace officer to obtain samples of reclaimed water from the transporter’s container units, upon their request.
(k) A transporter operating under a city permit shall use a manifest system book consisting of four-part trip tickets, purchased from the director for a fee established by the city council, in the following manner:
(1) Each manifest system book shall be used exclusively for a single vehicle;
(2) A transporter will complete one trip ticket for each individual delivery;
(3) The transporter shall sign the original part of a trip ticket and request the wastewater treatment plant supervisor, or his or her designee, to do the same at the time of reclaimed water collection. The transporter shall leave the first copy (yellow) of the trip ticket with the wastewater treatment plant supervisor;
(4) The transporter shall have the user sign the original part of the trip ticket at the time the reclaimed water is delivered, and shall leave the second copy (pink) of the trip ticket with the user;
(5) The transporter shall retain the third copy (green) of the trip ticket for the transporter’s own records;
(6) The transporter shall deliver to the director all completed original trip tickets no later than the tenth day of the month following the month in which they were completed; and
(7) The transporter shall retain its copies of all trip tickets for a period of five years, and shall make such copies available to the director, upon request, for inspection at all reasonable times.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A person commits an offense if the person engages in the transportation of reclaimed water and fails to comply with any provision of this division and shall be subject to the same provisions of § 35-186.
(b) A person commits an offense if the person operates or causes to be operated a vehicle transporting reclaimed water in container units not permitted to transport reclaimed water.
(c) A person commits an offense if the person operates or causes to be operated a vehicle transporting reclaimed water and fails to display to the director or any peace officer upon demand, a copy of a valid transportation permit issued pursuant to this article.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
The director may suspend a permit for up to six months or may revoke a permit if the director determines that:
(a) The permit holder, a partner of the permit holder, a principal in the permit holder’s business, permit holder’s manager or operator, or an officer of permit holder:
a. Has within the five years preceding the date of the hearing been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500, and which relates directly to the duty or responsibility in operating a reclaimed water transportation business; or
b. Has been convicted of a felony which relates directly to the duty or responsibility in operating a reclaimed water transportation business.
(b) The permit holder failed to comply with any of the permit conditions stated in § 35-198;
(c) The permit holder or any agent or employee thereof failed to use the manifest system book in compliance with this article, or to maintain manifests for five years, or to allow the director to inspect the manifests;
(d) The permit holder or any agent or employee thereof improperly disposed of reclaimed water;
(e) The permit holder or any agent or employee thereof commingled reclaimed water with any other liquid or waste, including other sources of nonpotable water, in a city-permitted container unit;
(f) The permit holder or any agent or employee thereof refused or failed to allow the director or a peace officer to inspect a reclaimed water transportation vehicle or container unit or obtain reclaimed water samples from a container unit; or
(g) The permit holder or any agent or employee thereof, within the 12 months preceding the hearing, was convicted of violating this article.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The director shall issue written notice to the permit holder of the grounds for suspension or revocation of the permit. Such permit shall be suspended and or revoked immediately upon receipt of the notice.
(b) Subject to the restrictions set forth in this section, a permit holder may appeal to the director for reconsideration of the suspension or revocation and request a hearing.
(c) The request for appeal shall be in writing and set forth, in detail, the grounds upon which the hearing is requested.
(d) The request for appeal shall be filed with such director within 15 business days of the permit holder receiving the notice from the director. The notice shall be deemed received five days after it is placed in a mail receptacle of the United States postal service.
(e) Failure to submit a timely written request for appeal shall be deemed to be a waiver of any further right to reconsideration.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Within a reasonable time, the director shall set a date for a hearing on the suspension or revocation of the permit.
(b) Written notice of the hearing shall be served on the petitioner at least 15 calendar days prior to the hearing. Notice shall be served in person or by United States certified mail, return receipt requested.
(c) Notice shall specify the date, time and place of the hearing and shall be deemed received five calendar days after it is placed in a mail receptacle of the United States postal service.
(d) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(e) Decisions shall be based on a preponderance of the evidence and the petitioner shall have the burden of proof to demonstrate that the determination is not true and valid or should not otherwise be upheld.
(f) The director and/or his or her designee shall act as the hearing officer.
(g) After the conclusion of the hearing, the director shall make written findings and shall issue a written decision within five business days.
(h) The decision of the director shall be final.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A user of reclaimed water delivered by vehicle shall submit a reclaimed water service application and obtain approval for reclaimed water service and comply with requirements of this article.
(b) A user of reclaimed water shall only accept delivery of reclaimed water by a permitted vehicle and container units.
(c) A user of reclaimed water delivered by vehicle shall sign the original of a City of Fort Worth trip ticket prepared by a permitted transporter for all reclaimed water received by the user’s from such transporter.
(d) The user shall note any significant discrepancies on each copy of the trip ticket.
(1) Trip ticket discrepancies: differences between the quantity of reclaimed water on the trip ticket and the quantity of reclaimed water the user actually received.
(2) A significant discrepancy in quantity is any variation greater than 15%, measured in gallons.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
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