rules of agua special utility districtrules of agua special utility district adopted july 30, 2008;...

RULES OF AGUA SPECIAL UTILITY

DISTRICT

Adopted July 30, 2008; Amended August 2008; Amended February 19, 2009; Amended April 23, 2009; Amended December 3, 2009; Amended December 22, 2009; Amended January 20, 2010; Amended June 24, 2010; Amended July 8, 2010; Amended July 22, 2010; Amended February 24, 2011; Amended May 12, 2011; Amended August 25, 2011; Amended January 12, 2012; Amended March 8, 2012; Amended February 21, 2013; Amended January 23, 2014; Amended February 27, 2014; Amended March 27, 2014; Amended April 10, 2014; Amended April 24, 2014; Amended June 26, 2014

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TABLE OF CONTENTS Page ARTICLE 1: GENERAL PROVISIONS ........................................................................... 1 Sec. 1-1. How rules are designated and cited ..................................................... 1 Sec. 1-2. Definitions and rules of construction..................................................... 1 Sec. 1-3. Headings and captions ......................................................................... 9 Sec. 1-4. Amendments or additions to Rules....................................................... 9 Sec. 1-5. Severability of parts of Rules .............................................................. 10

Sec. 1-6. General penalty for violations of Rules; continuing violations; abatement; culpable mental state ....................................................... 10

Sec. 1-7. Fire Protection Waterline Access Policy ............................................. 10 Sec. 1-8. Grievance Procedures ........................................................................ 15 ARTICLE 2: [Reserved] ................................................................................................ 16 ARTICLE 3: WATER SERVICE ACTIVATION RULES AND REGULATIONS .............. 17 Sec. 3-1. Service Entitlement ............................................................................ 17 Sec. 3-2. Application Procedures and Requirements ........................................ 17 Sec. 3-3. Activation of Standard Service ........................................................... 19 Sec. 3-4. Activation of Non-Standard Service ................................................... 20 Sec. 3-5. Activation of Re-Service ..................................................................... 20 Sec. 3-6. Changes in Service Classification ...................................................... 21 Sec. 3-7. Service to Rental Property ................................................................. 21 Sec. 3-8. Denial of Water Service ...................................................................... 22 Sec. 3-9. Insufficient Grounds for Refusal of Service ........................................ 23

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Page Sec. 3-10. Applicant's Recourse ........................................................................ 24 ARTICLE 4: SEWER SERVICE ACTIVATION RULES AND REGULATIONS ............. 25 Sec. 4-1. Sewer Service Entitlement; Required Connections ............................ 25 Sec. 4-2. Service Entitlement ............................................................................ 27 Sec. 4-3. Application Procedures and Requirements ........................................ 27 Sec. 4-4. Activation of Standard Service ........................................................... 29 Sec. 4-5. Activation of Non-Standard Service ................................................... 30 Sec. 4-6. Activation of Re-Service ..................................................................... 30 Sec. 4-7. Changes in Service Classification ...................................................... 30 Sec. 4-8. Service to Rental Property ................................................................. 31 Sec. 4-9. Denial of Sewer Service ..................................................................... 32 Sec. 4-10. Insufficient Grounds for Refusal of Service ...................................... 33 Sec. 4-11. Applicant’s Recourse ........................................................................ 33 ARTICLE 5: NON-STANDARD WATER SERVICE REQUIREMENTS ........................ 34 Sec. 5-1. Applicability ........................................................................................ 34 Sec. 5-2. Service Investigation .......................................................................... 34 Sec. 5-3. Non-Standard Service Agreement ..................................................... 37 Sec. 5-4. Oversizing Facilities ........................................................................... 39 Sec. 5-5. Property and Utility Easement Acquisition .......................................... 39 Sec. 5-6. Bids for Construction .......................................................................... 39 Sec. 5-7. Pre-Payment For Construction and Service ....................................... 40

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Page Sec. 5-8. Construction ....................................................................................... 40 Sec. 5-9. Conditions to Activate Service to Property or Project ......................... 41 Sec. 5-10. Pro Rata Reimbursement Requirements .......................................... 42 ARTICLE 6: NON-STANDARD SEWER SERVICE REQUIREMENTS ........................ 43 Sec. 6-1. Applicability ........................................................................................ 43 Sec. 6-2. Service Investigation .......................................................................... 43 Sec. 6-3. Non-Standard Service Agreement ..................................................... 45 Sec. 6-4. Oversizing Facilities ........................................................................... 47 Sec. 6-5. Property and Utility Easement Acquisition .......................................... 47 Sec. 6-6. Bids for Construction .......................................................................... 48 Sec. 6-7. Pre-Payment for Construction and Service ........................................ 48 Sec. 6-8. Construction ....................................................................................... 49 Sec. 6-9. Conditions to Activate Service to Property or Project ......................... 49 Sec. 6-10. Pro Rata Reimbursement Requirements .......................................... 50 ARTICLE 7: BILLING AND PAYMENT REQUIREMENTS; DISCONNECTION

REGULATIONS ....................................................................................... 51 Sec. 7-1. Applicability ........................................................................................ 51 Sec. 7-2. Charge Distribution; Payment Application; Deferred Payment Plan and Agreement ........................................................................... 51 Sec. 7-3. Due Date, Delinquent Bills, and Service Disconnection Date ............. 52 Sec. 7-4. Rules for Disconnection of Service..................................................... 52 Sec. 7-5. Billing Cycle Changes ........................................................................ 56

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Page Sec. 7-6. Back-billing ......................................................................................... 56 Sec. 7-7. Disputed Bills ..................................................................................... 56 Sec. 7-8. Inoperative Meters.............................................................................. 57 Sec. 7-9. Bill Adjustment Due to Meter Error ..................................................... 57 Sec. 7-10. Damage to District Property; Meter Tampering and Diversion ......... 57 Sec. 7-11. Meter Relocation .............................................................................. 58 Sec. 7-12. Prohibition of Multiple Connections to a Single Tap ......................... 58 Sec. 7-13. Access to Meters .............................................................................. 58 Sec. 7-14. Customer's Responsibilities on Customer's side of the Meter .......... 59 Sec. 7-15. Leak repair assistance ..................................................................... 59 Sec. 7-16. Cut-Off Valve Required .................................................................... 60 Sec. 7-17. Easements ....................................................................................... 60 Sec. 7-18. Civil Fines ......................................................................................... 60 Sec. 7-19. Lifeline Program ............................................................................... 60 ARTICLE 8: CROSS-CONTAMINATION PREVENTION PROGRAM ......................... 62 Sec. 8-1. Cross Connection Prohibited .............................................................. 62 Sec. 8-2. Customer Duties................................................................................. 63 Sec. 8-3. Inspection and Testing of Backflow Prevention Assemblies ............... 63 Sec. 8-4. Removal or Replacement ................................................................... 64 Sec. 8-5. Cross Connection Survey ................................................................... 64 Sec. 8-6. Civil Fines ........................................................................................... 65

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Page ARTICLE 9: RATES AND SERVICE FEES .................................................................. 66 Sec. 9.1. Non-Refundable…………………………………………………………….66 Sec. 9-2. Service Investigation Fee and Preliminary Evaluation of Service Fee ................................................................... 66 Sec. 9-3. Customer Deposit............................................................................... 66 Sec. 9-4. Costs Associated with Easements ..................................................... 66 Sec. 9-5. Meter Installation Fee and Sewer Connection Fee ............................ 67 Sec. 9-6. Impact Fee ......................................................................................... 67 Sec. 9-7. Water Rights Acquisition Fee ............................................................. 68 Sec. 9-8. Construction Investigation Fee ........................................................... 68 Sec. 9-9. Monthly Charges ................................................................................ 68 Sec. 9-10. Late Payment Fee ............................................................................ 70 Sec. 9-11. Returned Check Fee ........................................................................ 70 Sec. 9-12. Meter Lock Fee ................................................................................ 71 Sec. 9-13. Service Trip Fee ............................................................................... 71 Sec. 9-14. Equipment Damage Fee .................................................................. 71 Sec. 9-15. Customer History Report Fee ........................................................... 72 Sec. 9-16. Meter Test Fee ................................................................................. 72 Sec. 9-17. Service Inspection Fee ..................................................................... 72 Sec. 9-18. Regulatory Assessment Fee (TWC Fee or TCEQ Fee) ................... 72 Sec. 9-19. Voluntary Meter Lock Fee ................................................................ 72 Sec. 9-20. Relocation of Meter Fee ................................................................... 72 Sec. 9-21. Fee for Water Re-Service ................................................................. 72

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Page Sec. 9-22. Fee for Sewer Re-Service……………………………………………….73 Sec. 9-23. Payment Plan Fee ............................................................................ 73 Sec. 9-24. Credit Card Processing Fee ............................................................. 73 Sec. 9-25. Pro Rata Reimbursement Fee .......................................................... 73 Sec. 9-26. Boring Fee ........................................................................................ 73 ARTICLE 10: DROUGHT CONTINGENCY PLAN REGULATORY REQUIREMENTS ................................................................................. 74 Sec. 10-1. Drought Contingency Plan ............................................................... 74 Sec. 10-2. Notice of Implementation of Drought Contingency Plan Restrictions .............................................................................. 74 Sec. 10-3. Violations of the Drought Contingency Plan ..................................... 74 Sec. 10-4. Variances ......................................................................................... 75 Sec. 10-5. Response Stages and Use Restrictions ........................................... 75 ARTICLE 11: WATER IMPACT FEES ......................................................................... 84 Sec. 11-1. Short Title ......................................................................................... 84 Sec. 11-2. Purpose ............................................................................................ 84 Sec. 11-3. Authority ........................................................................................... 84 Sec. 11-4. Definitions ........................................................................................ 84 Sec. 11-5. Applicability ...................................................................................... 87 Sec. 11-6. Impact Fee as Condition of Water Service ....................................... 87 Sec. 11-7. Assessment of Impact Fees ............................................................. 87 Sec. 11-8. Computation of Impact Fee; Payment and Collection of Impact Fees .................................................................................................... 87

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Page Sec. 11-9. Agreement for Capital Improvements ............................................... 89 Sec. 11-10. Offsets and Credits Against Impact Fees ....................................... 89 Sec. 11-11. Refunds .......................................................................................... 90 Sec. 11-12. Appeals and Relief Procedures ...................................................... 91 Sec. 11-13. Establishment of Accounts ............................................................. 92 Sec. 11-14. Use of Proceeds of Impact Fee Accounts ...................................... 93 Sec. 11-15. Updates to Plans and Revision of Fees ......................................... 94 Sec. 11-16. Capital Improvements Advisory Committee ................................... 94 Sec. 11-17. Use of Other Financing Mechanisms ............................................. 95 Sec. 11-18. Impact Fee as Additional and Supplemental Regulation ................ 95 Sec. 11-19. Water Service Area ........................................................................ 95 Sec. 11-20. Land Use Assumptions .................................................................. 96 Sec. 11-21. Water Capital Improvement Plans .................................................. 96 Sec. 11-22. Water Impact Fees ......................................................................... 96 ARTICLE 12: ON-SITE SEWAGE DISPOSAL SYSTEMS ........................................... 97 Sec. 12-1. Area of Jurisdiction ........................................................................... 97 Sec. 12-2. OSSF Requirements ........................................................................ 97 Sec. 12-3. Interlocal Agreement with the County ............................................... 99 Sec. 12-4. Appeals .......................................................................................... 100 ARTICLE 13: NON-DOMESTIC AND INDUSTRIAL WASTEWATER ........................ 106 Sec. 13-1. Purpose and Policy: Applicability ................................................... 106

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Page Sec. 13-2. Definitions ...................................................................................... 106 Sec. 13-3. Administration ................................................................................ 111 Sec. 13-4. Prohibited Discharges .................................................................... 111 Sec. 13-5. Pretreatment Standards ................................................................. 114 Sec. 13-6. Pretreatment Requirements ........................................................... 116 Sec. 13-7. Wastewater Discharge Permit Applications .................................... 119 Sec. 13-8. Wastewater Discharge Permits ...................................................... 122 Sec. 13-9. Reporting Requirements ................................................................ 126 Sec. 13-10. Compliance Monitoring ................................................................. 131 Sec. 13-11. Enforcement Remedies ................................................................ 132 Sec. 13-12. Affirmative Defenses .................................................................... 135 Sec. 13-13. Fees ............................................................................................. 137 Sec. 13-14. Requirements related to facilities generating fats, oil, and greases ................................................................................ 138

Agua SUD Rules Page 1

ARTICLE 1: GENERAL PROVISIONS Sec. 1-1. How rules are designated and cited. The regulations embraced in this and the following articles and sections shall constitute and be designated the "Rules of the Agua Special Utility District" and may be so cited. Sec. 1-2. Definitions and rules of construction. In the construction of the Rules, and of all regulations and resolutions passed by the Board of Directors, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the board. Words shall be constructed in their common and usual significance unless the contrary is clearly indicated. AIR GAP – A physical separation between the free flowing discharge end of a potable water system pipeline and an open or non-pressure receiving vessel as defined in Section 290.38 (Definitions) of Title 30 of the Texas Administrative Code. APPLICANT - Person, partnership, cooperative, corporation, association, political subdivision, agency, or any public or private organization of any character that applies for service with the Agua Special Utility District.

BACK SIPHONING - A form of backflow caused by a reduction in hydraulic system pressure that causes a negative or sub-atmospheric pressure.

BACKFLOW - The reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of a potable water supply.

BACKFLOW PREVENTION ASSEMBLY - An aggregation of devices designed to prevent backflow into the potable water system or the public water system, including a reduced pressure backflow assembly, double-check valve assembly, pressure vacuum breaker assembly, or an air gap.

BACKFLOW PREVENTION DEVICE - A device designed to prevent backflow into the potable water system.

BACKPRESSURE - Hydraulic or atmospheric pressure higher than the supply pressure.

BOARD OF DIRECTORS - The Board of Directors of Agua Special Utility District. CERTIFICATE OF CONVENIENCE AND NECESSITY (CCN) - The authorization granted under Chapter 13 of the Texas Water Rules for Agua Special Utility District to provide water or sewer utility service within a defined territory. Agua Special Utility District has Water Certificate Number 10559 and Sewer Certificate Number 20785. Territory defined in the CCN shall be the Certificated Service Area.

COMMISSION - The Texas Commission on Environmental Quality, or successor entity.


CROSS CONNECTION - An actual or potential connection to a public or private water system through which it is possible to introduce contamination or pollution. CUSTOMER - An person who is receiving water or sewer retail utility service from Agua Special Utility District by the payment of the minimum monthly charge. DEVELOPMENT OR PROJECT – Any project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of the use of land, which increases the number of living unit equivalents associated with the project or property, requires either the approval and filing with the county or city of a plat or replat, the issuance of a building permit, or connection to the District's water system, or increases the size or number of water meters connected to the District’s water system. DISCONNECTION OF SERVICE - The locking or removal of a water meter to prevent the use of water by a Customer/Consumer. DISTRICT - The Agua Special Utility District. EASEMENT - A private perpetual dedicated right of way for the installation of water or sewer pipelines and necessary facilities which allows access to property for future maintenance, facility replacement, and/or installation of additional pipelines (if applicable). FINAL PLAT - A complete and exact plan for the subdivision of a tract of land which has been approved by all regulatory agencies having jurisdiction over approval of the design, planning and specifications of the facilities of such subdivision and that has been recorded in the records of the county. IMPACT FEE – A charge or assessment imposed by the District against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development. HAZARDOUS CONDITION - A condition that jeopardizes the health and welfare of the Customers of the District as determined by the District. LIVING UNIT EQUIVALENT (LUE) – A standardized measure of consumption, use, generation or discharge of water attributable to a single family residence, calculated in accordance with industry accepted engineering and planning standards for capital improvements and facility expansion to serve new development. The number of LUEs per project shall be determined using the formula or chart set forth in Exhibit “A” attached to this section 1-2.

For purposes of these Rules and assessing impact fees, when Standard Service is requested for a single family residence requesting a ¾” or 5/8” meter, the number of


LUEs is one. For non-standard service, the number of LUEs for purposes of these Rules and assessing impact fees will be identified in the Service Investigation Report prepared in accordance with section 5-2 of these Rules and in any Non-Standard Service Agreement prepared and executed in accordance with section 5-3 of these Rules. MINIMUM MONTHLY CHARGE - The monthly charge assessed each Customer of the District utilizing service or each Customer. MUNICIPAL WATER RIGHTS – Lower Rio Grande Valley domestic, municipal, or industrial (DMI) water rights, or an amount of Lower Rio Grande Valley Class A or Class B Irrigation water rights that is equal in quantity (if converted to DMI rights in accordance with the Commission rules) to the amount of municipal water rights required by the District. NON-STANDARD SERVICE - Any service applied for that is not Standard Service or Re-service. PERSON - Any natural person, partnership, cooperative, corporation, association, political subdivision, agency, business trust, estate, trust, public or private organizations of any character, or other legal entity.

POTABLE WATER - Water that complies with the rules of the Commission for human consumption and other domestic uses.

PRIVATE PLUMBING SYSTEM - The plumbing located between the service connection and the point of use including pipes, conduits, tanks, receptacles, fixtures, equipment and appurtenances used to produce, convey, recycle, store, or use potable water on a customer's premises.

PUBLIC WATER SYSTEM, DISTRICT’S WATER SYSTEM, or WATER SYSTEM - The District’s system for the provision of piped water for human consumption as defined in Section 290.38 (Definitions) of Title 30 of the Texas Administrative Code operating under Public Water System ID No. 1080022.

PUBLIC SEWER SYSTEM, DISTRICT’S SEWER SYSTEM, or SEWER SYSTEM means a District’s system for the collection and treatment of municipal wastewater water as defined by the Texas Commission on Environmental Quality.

REDEVELOPMENT OR REDEVELOPED PROPERTY – The resubdivision of land, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of use of land that increases the number of living unit equivalents for the property or the water demand associated with the property.


REDUCED PRESSURE BACKFLOW PREVENTION ASSEMBLY - Two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves.

RENTER - A consumer who rents property from a Customer and may otherwise be termed a lessee or tenant. RE-SERVICE AT A LOCATION WITH A METER - Providing service to an Applicant at a location at which service previously existed, but where service was terminated and now requires the reestablishment or transfer of service but does not require the installation of a metering devise. Costs of such re-servicing shall include a customer deposit and a Fee for Re-Service at Metered Location. RE-SERVICE AT A LOCATION WITH NO METER - Providing service to an Applicant at a location at which service previously existed, but where service was terminated and now requires the reestablishment of service and the fitting of a metering device into an existing setting and other modifications to the setting in order to restore service. Costs of such re-servicing shall include a customer deposit and a Fee for Re-Service at Location with No Meter. RULES - The District’s published and adopted rates, fees, and conditions of service. SERVICE CLASSIFICATION - A type of service which warrants a specific charge for service based on specific criteria such as usage, meter size, demand, type application, etc. as determined by the District upon evaluation of the service requirements of the Applicant or Customer. SERVICE ACTIVATION FEE – A single assessment of all of the fees required to establish service, depending on the type of service. For example, the Service Activation Fee for the activation of a Standard Service connection would include the Customer Deposit, Meter Installation Fee, Impact Fee, and the Water Rights Acquisition Fee. SERVICE APPLICATION AND AGREEMENT - A written agreement between the Customer/Applicant and the District outlining the responsibilities of each party regarding the service of water, sewer, or both.

SERVICE CONNECTION - The point of connection between the District’s water system and the Customer or the point of connection between the District’s sewer system and the customer.

SINGLE-CHECK VALVE - An independently acting internally loaded check valve.

STANDARD SERVICE - Service on an existing pipeline where water or sewer pipeline or service facility extensions are not required and special design or engineering considerations are not necessary. Typically, this would include only 5/8” x 3/4” to 3/4” sized meter services set on existing water pipelines or sewer service to a single family dwelling which receives water service from the District, or an entity for which the District


has a water disconnection agreement, and which is utilizing a 5/8” X ¾” or ¾” sized water meter.

TESTER - A person licensed by the Commission as a backflow prevention assembly tester.

USED WATER - Water supplied by a public water system to a customer's water system that has passed through the point of delivery.


Exhibit “A” to Sec. 1-2

Agua Special Utility District

Living Unit Equivalent (LUE) Calculation Sheet

Subdivision Name:_______________________________________ Plat I.D.#:___________________

Agua Special Utility District (Agua SUD) has established recommended guidelines to be employed for future

calculations which are shown next to the referenced facility. TBDBE is an acronym for To Be Determined By

Engineer. These numbers are based on measured use, established Flow Rate Tables, TCEQ regulations, ASCE

Manuals on Engineering Practice, EPA Technology Transfer Manuals, Uniform Plumbing Code fixture unit count

and other Wastewater Engineering texts. Applicants will use these guidelines to calculate average daily flows or

LUE’s.

Note: Commercial developments may request two (2) meters – domestic and irrigation.

Agua SUD will accept sewage flow for the proposed development which is derived through an engineering

evaluation of actual measured flow (sewer or water) at similar facilities in lieu of the above criteria to determine

the total estimated average daily flow of LUE’s for the proposed development. If this data is not provided or new

calculations are not submitted with initial plat package, the undersigned will allow Agua SUD to calculate the

estimate average daily flows and accept Agua SUD calculations as final.

Definition: a living unit equivalent (LUE) is defined as the typical flow that would be produced by a single family

residence (SFR) located in a typical subdivision. For water, this includes consumptive uses, such as lawn

watering and evaporative coolers. The sewer system does not receive all of these flows, so the flows expected

differ between water and sewer. The number of LUE’s for a project are constant, only the water and sewer flows

are different.

ONE LUE produces: 1.5 GPM (Peak Hour) of water flow

0.556 GPM (Peak Day) of water flow

400 GPD (0.278 GPM) Average dry weather flow

PEAK FLOW FACTOR FORMULA: 18+[0.0144(F)] 0.5 PFF = ———————— F= AVERAGE FLOW (GPM) 4+[0.0144(F)]0.5

18+[0.0206(F)]0.5 Qpd = ———————— F F= 70 gal/person/day x population/1440 4+[0.0206(F)]0.5


Types of Development: Identify all types of development that will be part of the proposed project and complete the

related information listed for each to calculate as Estimated Average Daily Flow (EADF) or Living Unit Equivalent

(LUE’s).

Note: One (1) LUE equals 400 gallons per day for average water flow and 300 gallons per day as average

sewage flow.

Calculation Work Space: (Please type or print)

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


Type of Development LUE Ratio Units Count LUE Total

RESIDENTIAL Single Family Residence 1.0 LUE / Residence -Home Number of Lots Modular Home Number of Pads Mobile Home Duplex 2.0 LUE / Duplex Number of Lots Number of Pads Triplex 0.7 LUE / Unit Number of Lots Fourplex Number of Units Condo Unit P.U.D. Unit (6+ Units/Acre to 24 Units/Acre) Apartment Unit (24+ Units/Acre) 0.5 LUE / Unit Number of Units Hotel or Motel Room 0.5 LUE / Room Number of Rooms Swimming Pool COMMERCIAL Commercial TBDBE Type of Business Industrial Manufactured Product Platted Acreage Building Square Feet Number of Employees Business Hours Number of Fixtures Office 1 LUE / 3000 Sq.Ft. of Floor Building Square Feet Office Warehouse 1 LUE / 4000 Sq.Ft. of Floor Building Square Feet Retail; Shopping Center 1 LUE / 1660 Sq.Ft. of Floor Building Square Feet Restaurant 1 LUE / 200 Sq.Ft. of Floor Building Square Feet Cafeteria Fast Food 4.4 LUE’s / Facility Type of food served Grocery Store TBDBE Building Square Feet Food Store Number of Employees Convenience Store Number of Customers Business Hours Fuel Service Cocktail Lounge TBDBE Number of Seats and at

Bar

Night Club Number of Employees Health Club TBDBE Building Square Feet Recreational Facility Customers / day Swimming Pool Size Snack Bar Number of Restrooms Number of Showers Hospital 1 LUE / Bed Number of Beds Number of Staff Rest Home 1 LUE / 2 Beds Number of Beds Number of Staff Church (Worship Services Only) 1 LUE / 70 Seats Number of Seats Building Square Feet High School (Includes Gym and Cafeteria) 1 LUE / 13 Students-Staff Number of Students Middle School (Includes Gym and Cafeteria) 1 LUE / 14 Students-Staff Number of Staff Elementary School (Includes Gym and

Cafeteria) 1 LUE / 15 Students-Staff

Laundries 200 gal / Machine Number of Machines Business Hours Car/Truck Wash: Hand Wash TBDBE Number of Bays Automatic Car Wash Recycling System Number of Employees Business Hours Number of Fixtures Service Stations 1.0 LUE for Gas Only; 2.0

LUE for Grocery/Takeout

Food; 15.0 LUE for Car

Wash


Theater 1.5 gal / Seat Number of Seats Number of Employees Other Type of Development TBDBE Proposed Land Use Building Square Feet Number of Employees Number of Customers Business Hours Number of Seats Number of Fixtures

Amended February 19, 2009; Amended December 22, 2009; Amended February 24, 2011. Sec. 1-3. Headings and captions. Headings and captions used in the Rules other than the chapter, article, division and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section. Sec. 1-4. Amendments or additions to Rules. a. All rules passed subsequent to the Rules which amend, repeal or in any way affect the Rules may be numbered in accordance with the numbering system of the Rules and printed for inclusion herein. When subsequent rules repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from the Rules by omission from reprinted pages. The subsequent rules, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent rules until such time that the Rules and subsequent rules numbered or omitted are readopted as a new Rules by the Board of Directors of the District. b. Amendments to any of the provisions of the Rules shall be made by amending such provisions by specific reference to the section number of the Rules in the following language: "That section _________ of the Rules of Agua Special Utility District, is hereby amended to read as follows: . . . ." The new provisions shall then be set out in full as desired. c. If a new section not heretofore existing in the Rules is to be added, the following language shall be used: "That the Rules of the Agua Special Utility District are hereby amended by adding a section, to be numbered _________, which said section reads as follows: . . . ." The new section shall then be set out in full as desired. d. All amendments to the Rules shall be made in accordance with the requirements of Chapters 49 and 65 of the Texas Water Code and Chapter 7201 of the Special District Local Laws Code. A substantive statement of each rules and the penalty for its violation shall be published once a week for two consecutive weeks in one or more newspapers with general circulation in the District. The notice of the rules shall conform with the requirements of Chapter 65 of the Texas Water Code.


Sec. 1-5. Severability of parts of Rules. It is hereby declared to be the intention of the Board of Directors that the sections, paragraphs, sentences, clauses and phrases of the Rules are severable and, if any phrase, clause, sentence, paragraph or section of the Rules shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of the Rules, since the same would have been enacted by the District board without the inclusion in the Rules of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 1-6. General penalty for violations of Rules; continuing violations; abatement; culpable mental state. a. Whenever in the Rules of the District prohibit an act or otherwise declared an act to be unlawful or prohibited, or whenever the Rules declare that the doing of any act is required or the failure to do any act is unlawful or prohibited, and no specific penalty is provided within the specific rule, the violation of any such provision of the Rules may be punishable by a fine not exceeding five hundred dollars ($500.00), except that the violation of any such provision of the Rules or any such rule that governs public health and sanitation shall be punishable by a fine not exceeding two thousand dollars ($2,000.00). Each day any violation of the Rules or of any rule shall continue shall constitute a separate offense. b. The penalty provided for in subsection (a) shall not prevent the abatement of the violating condition in addition to the penalty. c. Unless otherwise specifically stated within the provisions of the Rules, any violation of the Rules or of any rule set forth herein that is punishable by a fine that does not exceed the amount authorized by Section 12.23 of the Texas Penal Rules does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. d. Unless otherwise specifically stated within the provisions of the Rules, any violation of the Rules or of any rule set forth herein that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Rules shall require a culpable mental state of "criminal negligence." Sec. 1-7. Fire Protection Waterline Access Policy

The District’s waterline system historically was not designed to service fire hydrants. Substantial portions of the system do not have the capacity to provide water for fire protection purposes. As the District’s waterline system has been upgraded in recent years, facilities added to the system have been designed to operate at pressures and volumes suitable for fire protection purposes. This Fire Protection Waterline Access


Policy shall apply only to those limited areas of the District’s waterline system that have been designed for, and have the capacity to provide access and water to fire hydrants for fire protection purposes, and have sufficient water flow and water pressure to support the operation of fire hydrants for such purposes (the “Waterline Access Areas”) without impairing service to the District’s customers or its water service system. This policy will only apply to facilities designated in accordance with this Section. The District, at its sole option and discretion, will provide fire hydrant waterline access and water for fire protection services (“Fire Protection Waterline Access”) to governmental entities that are authorized by law to provide fire protection services within the District’s service area in the vicinity of the Waterline Access Area (the “Requestors”). Such Fire Protection Waterline Access may only be provided by the District pursuant to an interlocal agreement and under the following terms and conditions: 1. The Requestor must submit a written request for Fire Protection Waterline Access to the District, identifying the specific locations at which fire hydrants are proposed to be installed. 2. The waterline at which a fire hydrant is proposed to be installed must be designed for and must be capable of maintaining a minimum fire flow of 500 gallons per minute for a two hour period. 3. The Requestor shall operate and maintain the fire hydrants such that a positive water system pressure of no less than 25 psi is maintained at all times on the District’s side of the waterline at which a fire hydrant is installed. 4. Construction and installation of any gate valves, connections and fire hydrants shall be at Requestor’s sole cost and expense. Construction and installation must be pursuant to and in accordance with plans and specifications prepared by the Requestor and approved by the District. Fire hydrant shall be constructed and installed as set forth in Exhibit “A” attached hereto, or as otherwise approved by the District. 5. Fire hydrants, pipes and other equipment installed by Requestor may not be placed into operation until the construction and installation has been inspected and approved by the District. The cost of inspection and approval must be paid by the Requestor. 6. Requestor shall be responsible at its sole cost, for complying with any applicable requirements and obtaining any necessary easements, permits and approvals for installation and construction of fire hydrants located on property or right of way of other governmental or private owners or easement holders, including the Texas Department of Transportation. 7. Requestor shall operate and maintain the fire hydrants in accordance with the requirements of all local, state and federal laws, including the requirements of TEXAS


HEALTH & SAFETY CODE, Section 341.0357 regarding the minimum water fire flows and the identification and marking of fire hydrants. 8. Requestor shall be responsible, at its sole cost, for all maintenance, inspection and flushing of the fire hydrants. Requestor shall maintain the fire hydrants such that they may be used as flush valves by the District in order to assure the sanitary conditions of the District’s potable water. Requestor must notify the District of, and the District has a right to be present at, Requestor’s maintenance, inspection or flushing of the fire hydrants. The District may request Requestor to perform, at Requestor’s sole cost, additional maintenance, inspection and flushing at any reasonable time. 9. The District will provide water at the fire hydrants installed in accordance with this policy at no cost to the Requestor, provided the water is used by Requestor for fire protection or maintenance and operation purposes. In no case may water be used by Requestor for any domestic, equipment wash-downs or construction purposes or any other purpose other than the actual use in controlling fires and operation and maintenance of the fire hydrants. 10. Requestor must provide the District with monthly reports of the estimated amount of water used from the fire hydrants, including the date and location of use, on forms provided by the District.

11. Requestor shall be responsible for providing security to the fire hydrants at its sole cost to discourage abuse of the fire hydrants and to discourage the taking of water for uses other than fire protection. Adopted on December 3, 2009


EXHIBIT “A” to Sec. 1-7

TYPICAL FIRE HYDRANT INSTALLATION

Each fire hydrant run-out shall be equipped with a 6” flanged mechanical joint resilient seated gate valve. This valve may be located adjacent to the mainline or between the mainline and the hydrant. Each fitting (Branch Tee, Gate Valve & Hydrant) shall be separately supported by a concrete thrust block including anchor rods. Care must be taken that the hydrant drain be kept clear when pouring concrete. Mainline Tees shall have mechanical joint with flanged fittings. Mega lugs shall also be used at all mechanical joint fittings.

[Remainder of this page left blank intentionally]


Sec. 1-8. Grievance Procedures. a. The procedures outlined in the Section 1-8 are available to any Customer of the District or person that has applied in writing for water or sewer service from the District.

b. The Customer shall present his or her concerns to the District Manager or authorized staff for discussion and resolution. The District Manager may take any actions the District Manager deems necessary and that are within the scope of the District Manager’s authority as delegated by the Board or as provided by the District’s bylaws and these Rules to resolve the dispute.

c. If concerns are not resolved to the satisfaction of the aggrieved party by

the District Manager or authorized staff, then the Customer shall present a letter of request for an opportunity to present the concerns to the Board of Directors. The letter shall state the individual’s desired business before the Board and the desired result. The letter must be filed at least four (4) business days prior to a scheduled meeting of the Board in order to be placed on the agenda for that meeting.

d. The individual may present the complaint to the full Board at the meeting

for which the matter is posted. Staff will present its position to the Board at the meeting. e. The Board may take the matter under advisement until the next scheduled

regular Board meeting or may make a decision at the meeting at which the complaint is presented.

f. Any charges or fees contested as a part of the complaint in review by the

District under this policy shall be suspended until a satisfactory review and final decision has been made by the Board of Directors. The Board’s decision shall be final.

Amended February 24, 2011.


ARTICLE 2: [Reserved]


ARTICLE 3: WATER SERVICE ACTIVATION RULES AND REGULATIONS Sec. 3-1. Service Entitlement. An Applicant shall be considered fully qualified and entitled to water service when proper application has been made, terms and conditions of service have been met and continue to be met, and all fees have been paid as described by the Rules. Sec. 3-2. Application Procedures and Requirements.

a. For the purposes of the Rules, service requested by an Applicant and provided by the District shall be divided into the following three (3) classes: Standard Service, Non-Standard Service, and Re-Service.

b. The following requirements are applicable to all service applications. 1. For Standard Service and Re-Service, the Applicant shall complete the applicable service application form and execute a service agreement. Applicants for Non-Standard Service shall comply with the requirements of Article 5 of the Rules. 2. If applicable, the Applicant shall grant a utility easement to the District. The Utility Easement Form, as approved by the District, must be completed by the Applicant for the purpose of allowing future extensions or facility additions to improve or provide service to future Applicants. This requirement may be delayed for Non-Standard Service requests.

3. The Applicant shall provide proof of ownership or title to property for which service has been requested in a manner acceptable to the District.

4. Except as otherwise provided for Non-Standard Service requests, all Service Applications approved and cost of service fees quoted by the District shall be presented to the Applicant in writing and shall stand approved at quoted costs for a period not to exceed thirty (30) days from the date presented. After thirty (30) days, each Applicant shall re-apply for service under the terms of the Rules.

5. If the water main has been located in the public right-of-way and is

adjacent to Applicant’s property due to the current or previous landowner’s refusal to grant easement to the District for the purposes of installing the water main and appurtenances, the Applicant, prior to receiving the requested service, shall grant easement to the District. In addition to the normally required fees for service, the Applicant shall pay such sums as are necessary for the removal of the water main from the public right-of-way and for relocation onto the Applicant’s property pursuant to such easements.

6. The District shall charge and the Applicant shall pay all the Service

Activation Fee and any other applicable fees and charges set forth in the Rules prior to


the commencement of service. Unless otherwise provided herein, the Service Activation Fee is non-refundable.

7. An Applicant who qualifies for Standard Service but who desires to

transfer the ownership of municipal water rights to the District in lieu of paying the Water Rights Acquisition Fee shall execute a separate agreement with the District on terms and conditions agreeable to the District transferring the municipal water rights. The total number of municipal water rights to be transferred shall be of a sufficient quantity to meet the water demands of the Applicant’s Standard Service request as determined by the District’s engineer. The Applicant shall agree that if, for any reason, the transfer of the municipal water rights to the District cannot be completed, including but not limited to a denial by the Commission of the request to transfer the water, the Applicant will pay the Water Rights Acquisition Fee. The District is under no obligation to agree to the transfer of municipal water rights in lieu of the payment of the Water Rights Acquisition Fee.

c. Subparagraph d., e., and f. of this section apply to Applicants whose

projects meet the following requirements: 1. The Applicant’s project meets the requirements to qualify it for Non-

Standard Service; 2. The property on which the project is to be located abuts an existing

District water line or is already receiving water service from the District; and 3. The project does not require the construction of distribution facilities

on the property that will be dedicated to the District and will deliver water to individual meters located on the property.

4. The project does not require the installation of a meter larger than

8-inches. d. An Applicant whose project meets the requirements of subparagraph c.

shall submit to the District a preliminary evaluation of service form with at least the following information:

1. A description of the Applicant’s project and proposed uses of the

land; 2. The location, size, and ownership of the property to served; 3. The proposed number of LUEs, as determined in accordance with

definition of LUE in section 1-2; 4. The projected water demand of each connection, including the

average and peak demand in gallons per minute (GPM);


5. The number and size of meters requested; 6. A proposed calendar of events, including design, construction

phasing and initial occupancy, and the approximate date upon which service from the District will first be needed;

7. A description of the wastewater service to the property; and 8. Any other additional information that may be required by the

District. e. The Applicant described in subparagraph c. of this section, shall submit to

the District Preliminary Evaluation of Service Fee to the District. If, after the District’s investigation described in subparagraph f., the District determines that the Applicant’s request will be considered a request for Non-Standard Service, the Preliminary Evaluation of Service Fee shall be applied as a credit towards the Service Investigation Fee.

f. For projects that meet the requirements described in subparagraph c. of

this section, the District’s engineer shall investigate the District’s ability to serve the tract of land. If the District’s engineer determines that the District’s existing facilities must be expanded or additional facilities must be constructed to provide service to the Applicant’s project, the Applicant’s request shall be considered a request for Non-Standard Service and the provisions of Article 5 shall apply. If the District’s engineer determines that the District’s existing facilities do not require any expansion and no additional facilities are required to be constructed to provide service to the Applicant’s project, the request for service shall be considered a request for Standard Service. The Applicant’s request for service shall not be considered a request for Standard Service unless and until the Applicant has paid the Preliminary Evaluation of Service Fee, and provided the District with the information required under subparagraph d. of this section, and the District’s engineer has conducted a preliminary evaluation of what is required to provide service to the project.

g. An Applicant whose project meets the requirements of subsection c. of

this section may elect to forego a preliminary evaluation of service and request Non-Standard Service. Amended February 24, 2011. Sec. 3-3. Activation of Standard Service.

a. Fees -- The Service Activation Fee for Standard Service shall include the Customer Deposit, the Meter Installation Fee, Easement Fees, if required, the Impact Fee, the Water Rights Acquisition Fee, Pro Rata Reimbursement Fee, if applicable, and the Boring Fee, if applicable, in accordance with Article 9 of the Rules.


b. The Applicant shall provide proof that an application has been made to obtain wastewater service from a wastewater service provider or that an application has been made to the proper regulatory authority for approval and installation of on-site sewage disposal facilities as authorized under the Texas Health and Safety Rules Chapter 366, for all services requiring such installations. If the Applicant’s property meets the requirements of Section 4-1 of the Rules, the Applicant shall apply for and become qualified to receive sewer service from the District before the District will activate water service to the property.

c. Performance of Work -- All tap and equipment installations specified by

the District shall be completed by the District staff or the District’s designated representative. The tap shall be completed within five (5) working days after receipt of payment of the quoted Service Activation Fee and acceptance by the District of Application and signed Agreement. If service cannot be completed within this time, applicant shall be notified in writing as to the date when service can be completed.

Amended December 22, 2009; Amended February 24, 2011.

Sec. 3-4. Activation of Non-Standard Service.

a. Activation of Non-Standard Service shall be conducted as prescribed by terms of Article 5 of the Rules. All required fees and charges shall be paid prior to the provision of service as required by the Rules and the Non-Standard Service Agreement.

b. The Applicant shall provide proof that an application has been made to

obtain wastewater service from a wastewater service provider or that an application has been made to the proper regulatory authority for approval and installation of on-site sewage disposal facilities as authorized under the Texas Health and Safety Rules Chapter 366, for all services requiring such installations.

Sec. 3-5. Activation of Re-Service

a. Re-Service at a Location with a Meter

1. Fees -- The Service Activation Fee for Re-Service at a location with an existing meter shall include the Customer Deposit, and the Fee for Re-Service at Metered Location, in accordance with Article 9 of the Rules.

2. Performance of Work – The reestablishment of service shall be

completed by the District staff or the District’s designated representative. The service shall be reestablished within one (1) working day after receipt of payment of the quoted Service Activation Fee and acceptance by the District of Application and signed Agreement. If service cannot be completed within this time, applicant shall be notified in writing as to the date when service can be completed.


b. Re-Service at a Location with No Meter

1. Fees -- The Service Activation Fee for Re-Service at a location where the meter has been removed shall include the Customer Deposit, and the Fee for Re-Service at Location with No Meter, in accordance with Article 9 of the Rules.

2. Performance of Work – The reestablishment of service shall be

completed by the District staff or the District’s designated representative. The service shall be reestablished within one (1) working day after receipt of payment of the quoted Service Activation Fee and acceptance by the District of Application and signed Agreement. If service cannot be completed within this time, applicant shall be notified in writing as to the date when service can be completed.

Sec. 3-6. Changes in Service Classification.

a. If at any time the District determines that the customer service needs change from those needs originally applied for to a different service classification and the District determines that additional or different facilities are necessary to provide adequate service, the District shall require the Applicant/Customer to re-apply for service under the terms and conditions of the Rules.

b. If a customer redevelops his or her property such that the number of LUEs

served by the District increase, or the water demand associated with the property increases, the Customer shall re-apply for service under the terms and conditions of the Rules.

c. Applicant/Customers failing to comply with this provision shall be subject

to the Disconnection With Notice Provisions of the Rules (Sec. 7-4 of the Rules). Amended February 24, 2011. Sec. 3-7. Service to Rental Property.

a. No water service shall be provided to rental property unless the owner of the property is a Customer of District as provided by the Rules.

b. The Customer/owner of the rental property is responsible for all water charges, fees, and fines for water service to the Customer’s rental property and ensuring the Customer’s rental property complies with the Rules regarding the provision of water service. Except as provided by subsection c. herein, the District shall not bill a renter/lessee on behalf of the Customer. However, if the Customer’s account becomes delinquent, the renter/lessee may pay the District for all charges to avert disconnection or to reconnect water service.


c. Notwithstanding subsection b., a renter/lessee of a rental property may obtain water service from and be billed directly by the District upon meeting the following requirements:

1. The renter has completed in full and signed the District’s Service

Application and Agreement for Renters; 2. The owner of the rental property has completed in full and signed

the District’s Alternate Billing Agreement for Rental Accounts; and 3. The renter has paid to the District a refundable security deposit in

the amount of $150. If the renter will also be billed directly by the District for sewer service in addition to water service, the total security deposit shall be $150

d. If water service is provided to a renter/lessee pursuant to subsection c., the renter/lessee must provide notice to the District to cancel the water service when the renter/lessee vacates the property. Cancellation of water service by the renter/lessee does not affect the Customer’s rights to water service to the property. Upon notice of cancellation by the renter/lessee, all billings for the property shall be sent to the Customer/owner of the property. The Customer/owner is responsible for any outstanding balances for water service to the property. In accordance with subsection e., the District will apply the renter/lessee’s security deposit to the outstanding balance before seeking payment of the outstanding balance from the Customer/owner. e. The District shall refund the renter’s deposit to the renter if the renter discontinues water service and pays all outstanding water service bills. The District may apply the renter’s security deposit to the renter’s unpaid utility account balance before the District refunds the balance of the deposit to the renter. f. A renter/lessee who vacates the rental property and seeks service under subsection c. at a new service address must file a new application and meet the service requirements of the District to obtain service at a new service address. Amended February 21, 2013. Sec. 3-8. Denial of Water Service.

a. The District may deny water service for the following reasons:

1. Failure of the Applicant to complete all required forms and pay all required fees and charges;

2. Failure of the Applicant to comply with rules, regulations, policies

and bylaws of the District;


3. Existence of a hazardous condition at the Applicant’s property which would jeopardize the welfare of the of the Customers/Users of the District upon connection;

4. Failure of the Applicant to provide representatives or employees of

the District reasonable access to property for which water service has been requested when there is reason to believe that a hazardous condition may exist for which access is necessary to verify;

5. Failure of Applicant to comply with all rules and regulations of the

District governing the service applied for by the Applicant; 6. Failure of Applicant to provide proof of ownership, to the

satisfaction of the District, of property for which the tap has been requested; 7. Applicant’s service facilities are known to be inadequate or of such

character that satisfactory service cannot be provided; 8. Failure of the Applicant to make any deposit that may be required

under these Rules; 9. Failure of Applicant to pay all required fees or charges owed to the

District on any water service account of the Applicant or Transferee; or 10. Failure of the Customer to pay all required fees and charges owed

to the District on a water service account of a renter/lessee of the Customer for which the Customer has signed an Alternate Billing Agreement for Rental Accounts to keep the account balance current.

11. If the Applicant’s property meets the requirements of Section 4-1 of

these Rules, failure of the Applicant to apply for sewer service from the District and pay the applicable fees for sewer service as required by the District’s rules.

b. If the property is located outside the District’s CCN, the District is under no

obligation to provide service but may do so upon Board approval and upon the showing that the service location is not in an area receiving similar service from another utility, and the service location is not within the CCN of another similar utility. Amended February 24, 2011. Sec. 3-9. Insufficient Grounds for Refusal of Service. The following shall not constitute sufficient cause for the refusal of service to an Applicant:


a. Failure to pay a bill to correct previous underbilling due to misapplication of rates more than four (4) months prior to the date of application;

b. Violation of District’s rules pertaining to operation of non-standard

equipment or unauthorized attachments which interferes with the service of others, unless the Customer has first been notified and been afforded reasonable opportunity to comply with said rules;

c. Failure to pay a bill of another Customer as guarantor thereof unless the guarantee was made in writing to the District as a condition precedent to service;

d. Delinquency in payment for service by a previous occupant of the premises to be served;

e. Failure to pay for materials or charges for non-utility service provided by the District or to comply with the regulations or rules for any other type of utility service; and

f. Failure to pay the bill of another customer at the same address except

where the change of customer identity is made to avoid or evade payment of a utility bill.

Amended February 24, 2011. Sec. 3-10. Applicant’s Recourse. In the event that District refuses to serve an Applicant under the provisions of these rules, the District shall notify the Applicant, in writing, of the basis of its refusal, and the Applicant may file for an appeal, in writing, with the Board of Directors of the District.


ARTICLE 4: SEWER SERVICE ACTIVATION RULES AND REGULATIONS Sec. 4-1. Sewer Service Entitlement; Required Connections

a. An Applicant shall be considered fully qualified and entitled to sewer service when proper application has been made to the District, terms and conditions of service have been met and continue to be met, and all fees have been paid as described by these Rules.

b. Any existing improvements requiring sanitary sewer disposal located on property within the District’s sewer certificate of convenience and necessity and that abuts a street, alley, public right-of-way, public or private easement in which there is a new sanitary sewer service line located along or in the abutting street, alley, public right-of-way or easement shall connect the property by a discharge line to the sanitary sewer line within 45 days of when the sanitary sewer line becomes operational. This subsection b. does not apply to any existing single family residence whose property abuts a street, alley, public right-of-way, public or private easement in which there is a new sanitary sewer service line located along or in the abutting street, alley, public right-of-way or easement and the existing single family residence is located 500 feet or more from the new sanitary sewer service line.

c. Any new improvements requiring sanitary sewer disposal to be constructed on property located with the District’s sewer certificate of convenience and necessity and that abuts a street, alley, public right-of-way, public or private easement in which there is an existing sanitary sewer service line located along or in the abutting street, alley, public right-of-way or easement shall connect the property by a discharge line to the sanitary sewer line prior to the completion of the construction of the improvement.

d. Whenever any discharge lines for such improvements are not connected to the sanitary sewer within the time prescribed, the District Manager shall provide written notice to the person owning or having possession or control of the property required to be connected to the sanitary sewer line. Such notice shall also state that, upon failure of the property owner or occupant to connect to the sanitary sewer line within 30 days from the date of the notice, the District will connect the property to the sanitary sewer line, and will charge the cost and expense incurred by the District to connect the property to the sanitary sewer line shall be charged to the owner of such property, and that the District may place a lien on such property for those costs and expenses, may institute suit against the owner to collect the costs incurred by the District, or may undertake other measures within the District’s authority to recover the costs. e. Upon connection to the District’s sanitary sewer system, the property owner shall properly abandon any on-site sewage facility, which includes but is not limited to tanks, boreholes, cesspools, and seepage pits, within forty-five (45) days after the date of the connection to the District’s sanitary sewer system, and the owner shall


submit to the District documentation evidencing that the on-site sewage facility has been properly abandoned. To properly abandon an on-site sewage facility, the owner shall conduct the following actions, in the order listed:

1. All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater removed by a waste transporter, holding a current registration with the executive director.

2. All tanks, boreholes, cesspools, seepage pits, holding tanks, and

pump tanks shall be filled to ground level with fill material (less than three inches in diameter) which is free of organic and construction debris.

Upon good cause shown, the District Manager may grant the property owner an

additional forty-five (45) days to complete the actions required to properly abandon the on-site sewage facility. If the property owner does not properly abandon the on-site sewage facility within the timeframe prescribed by this section, the District may take any actions necessary to ensure the on-site septic system is properly abandoned, including, but not limited to, seeking an injunction and civil penalties. f. The District’s ownership and maintenance responsibility of its sewer collection system lines and facilities shall end at the point where the Customer’s sewer cleanout located at the Customer’s property line or in an easement or right of way adjacent to the Customer’s property connects to the District’s sewer collection system lines. The sewer cleanout belongs to the Customer and the operation, maintenance, or replacement of the sewer cleanout and Customer’s private sewer lateral on the Customer’s side of the sewer cleanout shall be responsibility of the Customer. The Customer shall maintain the Customer’s sewer cleanout and private sewer lateral to prevent the following: 1. displaced joints, leaks or breaks; 2. root intrusion; 3. substantial deterioration; 4. damaged, uncapped, or missing sewer cleanouts; 5. damaged or missing backflow prevention devices; 6. conditions that will allow for infiltration and inflow of extraneous water; and 7. introduction grease, oil, fats, non-degradable products, non-flushable paper and plastic products and other materials that materially increase the possibility of blockage or overflows.


g. The notice provided for in this section shall be in writing and either served personally or sent by letter addressed to the owner of such property at the address of the property, or at the address as identified by the appraisal district.

h. Connections to the sanitary sewer system made under this section shall be made subject to the applicable charges provided by the current District’s Rules. Amended July 22, 2010; February 24, 2011; February 27, 2014; March 27, 2014. Sec. 4-2. Service Entitlement. An Applicant shall be considered fully qualified and entitled to sewer service when proper application has been made, terms and conditions of service have been met and continue to be met, and all fees have been paid as described by the Rules. Added February 24, 2011. Sec. 4-3. Application Procedures and Requirements.

a. For the purposes of the Rules, service requested by an Applicant and

provided by the District shall be divided into the following three (3) classes: Standard Service, Non-Standard Service, and Re-Service.

b. The following requirements are applicable to all service applications.

1. For Standard Service and Re-Service, the Applicant shall complete the applicable service application form and execute a service agreement. Applicants for Non-Standard Service shall comply with the requirements of Article 6 of the Rules. 2. If applicable, the Applicant shall grant a utility easement to the District. The Utility Easement Form, as approved by the District, must be completed by the Applicant for the purpose of allowing future extensions or facility additions to improve or provide service to future Applicants. This requirement may be delayed for Non-Standard Service requests.

3. The Applicant shall provide proof of ownership or title to property for which service has been requested in a manner acceptable to the District.

4. Except as otherwise provided for Non-Standard Service requests, all Service Applications approved and cost of service fees quoted by the District shall be presented to the Applicant in writing and shall stand approved at quoted costs for a period not to exceed thirty (30) days from the date presented. After thirty (30) days, each Applicant shall re-apply for service under the terms of the Rules.

5. If the sewer collection line has been located in the public right-of-

way and is adjacent to Applicant’s property due to the current or previous landowner’s


refusal to grant easement to the District for the purposes of installing the sewer collection line and appurtenances, the Applicant, prior to receiving the requested service, shall grant easement to the District. In addition to the normally required fees for service, the Applicant shall pay such sums as are necessary for the removal of the sewer collection line from the public right-of-way and for relocation onto the Applicant’s property pursuant to such easements.

6. The District shall charge and the Applicant shall pay all the Service

Activation Fee and any other applicable fees and charges set forth in the Rules prior to the commencement of service. Unless otherwise provided herein, the Service Activation Fee is non-refundable.

7. The Applicant shall agree to properly abandon any on-site sewage

facility in accordance with and in the timeframe prescribed by Section 4-1. The Applicant shall also agree that, if the property owner does not properly abandon any on-site sewage facility on the property, the District may take any actions necessary to properly abandon the facility, and that all costs and expenses incurred by the District to properly abandon the facility will be assessed against the property owner. The District may also seek an injunction and civil penalties against the property owner.

c. Subparagraph d., e., and f. of this section apply to Applicants whose

projects meet the following requirements: 1. The Applicant’s project meets the requirements to qualify it for Non-

Standard Service; 2. The property on which the project is to be located abuts an existing

District sewer collection line or is already receiving sewer service from the District; and 3. The project does not require the construction of sewer collection

facilities on the property that will be dedicated to the District. 4. The project does not require the installation of a water meter larger

than 8 inches. d. An Applicant whose project meets the requirements of subparagraph c.

shall submit to the District an initial assessment of service form with at least the following information:

1. A description of the Applicant’s project and proposed uses of the

land; 2. The location, size, and ownership of the property to served; 3. The proposed number of LUEs, as determined in accordance with

definition of LUE in section 1-2;


4. The projected water demand of each connection, including the average and peak demand in gallons per minute (GPM);

5. The number and size of water meters requested; 6. A proposed calendar of events, including design, construction

phasing and initial occupancy, and the approximate date upon which service from the District will first be needed;

7. If water service to the property is not provided or to be provided by

the District, a description of water service to the property; and 8. Any other additional information that may be required by the

District. e. The Applicant described in subparagraph c. of this section, shall submit to

the District a Preliminary Evaluation of Service Fee to the District. If, after the District’s investigation described in subparagraph f., the District determines that the Applicant’s request will be considered a request for Non-Standard Service, Preliminary Evaluation of Service Fee shall be applied as a credit towards the Service Investigation Fee.

f. For projects that meet the requirements described in subparagraph c. of

this section, the District’s engineer shall investigate the District’s ability to serve the tract of land. If the District’s engineer determines that the District’s existing facilities must be expanded or additional facilities must be constructed to provide service to the Applicant’s project, the Applicant’s request shall be considered a request for Non-Standard Service and the provisions of Article 6 shall apply. If the District’s engineer determines that the District’s existing facilities do not require any expansion and no additional facilities are required to be constructed to provide service to the Applicant’s project, the request for service shall be considered a request for Standard Service. The Applicant’s request for service shall not be considered a request for Standard Service unless and until the Applicant has paid the Preliminary Evaluation of Service Fee, and provided the District with the information required under subparagraph d. of this section, the District’s engineer has conducted a preliminary evaluation of what is required to provide service to the project.

g. An Applicant whose project meets the requirements of subsection c. of

this section may elect to forego a preliminary evaluation of service and request Non-Standard Service.

Added February 24, 2011.

Sec. 4-4. Activation of Standard Service.

a. Fees -- The Service Activation Fee for Standard Service shall include the Customer Deposit, the Meter Installation Fee, Easement Fees, if required, the Impact


Fee, Pro Rata Reimbursement Fee, if applicable, and Boring Fee, if applicable, in accordance with Article 9 of the Rules.

b. Performance of Work -- All sewer connections shall be completed by the District staff or the District’s designated representative. The sewer connection shall be completed within five (5) working days after receipt of payment of the quoted Service Activation Fee and acceptance by the District of Application and signed Agreement. If service cannot be completed within this time, applicant shall be notified in writing as to the date when service can be completed.


Sec. 4-5. Activation of Non-Standard Service.

Activation of Non-Standard Service shall be conducted as prescribed by terms of Article 6 of the Rules. All required fees and charges shall be paid prior to the provision of service as required by the Rules and the Non-Standard Service Agreement.


Sec. 4-6. Activation of Re-Service

a. Fees -- The Service Activation Fee for Re-Service at a location with an existing sewer connection shall include the Customer Deposit, and the Fee for Re-Service at Metered Location, in accordance with Article 9 of the Rules.

b. Performance of Work – The reestablishment of service shall be completed

by the District staff or the District’s designated representative. The service shall be reestablished within one (1) working day after receipt of payment of the quoted Service Activation Fee and acceptance by the District of Application and signed Agreement. If service cannot be completed within this time, applicant shall be notified in writing as to the date when service can be completed.


Sec. 4-7. Changes in Service Classification.

a. If at any time the District determines that the customer service needs change from those needs originally applied for to a different service classification and the District determines that additional or different facilities are necessary to provide adequate service, the District shall require the Applicant/Customer to re-apply for service under the terms and conditions of the Rules.

b. If a customer redevelops his or her property such that the number of LUEs

served by the District increase, or the water or sewer demand associated with the


property increases, the Customer shall re-apply for service under the terms and conditions of the Rules.

c. Applicant/Customers failing to comply with this provision shall be subject

to the Disconnection With Notice Provisions of the Rules (Sec. 7-4 of the Rules). Added February 24, 2011. Sec. 4-8. Service to Rental Property.

a. No sewer service shall be provided to rental property unless the owner of the property is a Customer of District as provided by the Rules.

b. The Customer/owner of the rental property is responsible for paying all sewer charges, fees, and fines for sewer service to the Customer’s rental property and ensuring the Customer’s rental property complies with the Rules regarding the provision of sewer service. Except as provided by subsection c. herein, the District shall not bill a renter/lessee on behalf of the Customer. However, if the Customer’s account becomes delinquent, the renter/lessee may pay the District for all charges to avert disconnection or to reconnect water service for failure to pay for the sewer service.

c. Notwithstanding subsection b., a renter/lessee of a rental property may obtain sewer service from and be billed directly by the District upon meeting the following requirements:

1. The renter has completed in full and signed the District’s Service

Application and Agreement for Renters; 2. The owner of the rental property has completed in full and signed

the District’s Alternate Billing Agreement for Rental Accounts; and 3. The renter has paid to the District a refundable security deposit in

the amount of $150. If the renter will also be billed directly by the District for water service in addition to sewer service, the total security deposit shall be $150.

d. If sewer service is provided to a renter/lessee pursuant to subsection c., the renter/lessee must provide notice to the District to cancel the sewer service when the renter/lessee vacates the property. Upon notice of cancellation by the renter/lessee, all billings for the property shall be sent to the Customer/owner of the property. The Customer/owner is responsible for any outstanding balances for sewer service to the property. In accordance with subsection e., the District will apply the renter/lessee’s security deposit to the outstanding balance before seeking payment of the outstanding balance from the Customer/owner. e. The District shall refund the renter’s deposit to the renter if the renter discontinues sewer service and pays all outstanding sewer service bills. The District


may apply the renter’s security deposit to the renter’s unpaid utility account balance before the District refunds the balance of the deposit to the renter. f. A renter/lessee who vacates the rental property and seeks service under subsection c. at a new service address must file a new application and meet the service requirements of the District to obtain service at a new service address. Added February 24, 2011; amended February 21, 2013. Sec. 4-9. Denial of Sewer Service.

b. The District may deny sewer service for the following reasons:

1. Failure of the Applicant to complete all required forms and pay all required fees and charges;

2. Failure of the Applicant to comply with rules, regulations, policies

and bylaws of the District; 3. Existence of a hazardous condition at the Applicant’s property

which would jeopardize the welfare of the of the Customers/Users of the District upon connection;

4. Failure of the Applicant to provide representatives or employees of

the District reasonable access to property for which sewer service has been requested when there is reason to believe that a hazardous condition may exist for which access is necessary to verify;

5. Failure of Applicant to comply with all rules and regulations of the

District governing the service applied for by the Applicant; 6. Failure of Applicant to provide proof of ownership, to the

satisfaction of the District, of property for which the tap has been requested; 7. Applicant’s service facilities are known to be inadequate or of such

character that satisfactory service cannot be provided; 8. Failure of the Applicant to make any deposit that may be required

under these Rules; 9. Failure of Applicant to pay all required fees or charges owed to the

District on any water or sewer service account of the Applicant or Transferee; or 10. Failure of the Customer to pay all required fees and charges owed

to the District on a water or sewer service account of a renter/lessee of the Customer for


which the Customer has signed an Alternate Billing Agreement for Rental Accounts to keep the account balance current.

b. If the property is located outside the District’s CCN, the District is under no

obligation to provide service but may do so upon Board approval and upon the showing that the service location is not in an area receiving similar service from another utility, and the service location is not within the CCN of another similar utility. Added February 24, 2011. Sec. 4-10. Insufficient Grounds for Refusal of Service. The following shall not constitute sufficient cause for the refusal of service to an Applicant:

a. Failure to pay a bill to correct previous underbilling due to misapplication of rates more than four (4) months prior to the date of application;

b. Violation of District’s rules pertaining to operation of non-standard

equipment or unauthorized attachments which interferes with the service of others, unless the Customer has first been notified and been afforded reasonable opportunity to comply with said rules;

c. Failure to pay a bill of another Customer as guarantor thereof unless the guarantee was made in writing to the District as a condition precedent to service;

d. Delinquency in payment for service by a previous occupant of the premises to be served;

e. Failure to pay for materials or charges for non-utility service provided by the District or to comply with the regulations or rules for any other type of utility service, except water service; and

f. Failure to pay the bill of another customer at the same address except

where the change of customer identity is made to avoid or evade payment of a utility bill.


Sec. 4-11. Applicant’s Recourse. In the event that District refuses to serve an Applicant under the provisions of these rules, the District shall notify the Applicant, in writing, of the basis of its refusal, and the Applicant may file for an appeal, in writing, with the Board of Directors of the District. Added February 24, 2011.


ARTICLE 5: NON-STANDARD WATER SERVICE REQUIREMENTS Sec. 5-1. Applicability. This Article for applies to subdivisions, additions to subdivisions, developments or other properties where water service to more than one tract is necessary, where additional piping, service facilities, etc. are required to accommodate individual, multiple, commercial, or industrial Applicants, or where the Applicant has requested water service to a facility that qualifies as more than one LUE. For the purposes of the Rules, Applications subject to this Article shall be defined as Non-Standard. This Article does not apply to Applicant’s whose service request has been determined to be for Standard Service in accordance with Section 3-2. Amended February 24, 2011. Sec. 5-2. Service Investigation. a. Prior to submitting an application for service, any person (“Applicant”) who intends to seek non-standard water service from the District shall submit a Request for a Service Investigation and the Service Investigation Fee to the District Manager of the District. b. Upon receipt of a completed Request for a Service Investigation form and the Service Investigation Fee, the District, or its designated engineering or legal consultants, shall investigate the District’s ability to serve the tract of land or development, and shall assess whether additional or expanded water treatment, storage, and distribution facilities are required to provide water service to the Applicant. c. Each Request for a Service Investigation shall include the following:

1. Four copies of a map or preliminary plat showing the property indicating the location of the said property with the District’s CCN, and the proposed improvements to be constructed to connect such facilities to the District’s water system. A written description of the proposed infrastructure, including all materials, required for construction must be submitted as well. The map or plat must show the legal description and the dimensions of the property. The map or plat must be signed and sealed by a licensed surveyor or registered professional engineer.

2. The intended land use of the property, including detailed

information concerning the type of land uses proposed. 3. The proposed number of LUEs, as determined in accordance with

definition of LUE in section 1-2, and the projected water demand of each connection, including the average and peak demand in gallons per minute (GPM), and a projected growth schedule tied to demand for water, and the number and size of meters requested.


4. A proposed calendar of events, including design, construction

phasing and initial occupancy, and the approximate date upon which water service from the District will first be needed.

5. Information concerning on-site storage and pressurization facilities

to reduce peak demand. 6. A description of the wastewater service to the property if the

request for the Service Investigation Report does not include a request for a Service Investigation Report for sewer service from the District..

7. If the Applicant proposes to transfer municipal water rights to the

District in lieu of paying the Water Rights Acquisition Fee, a description of the municipal water rights, including the amount in acre-feet of the municipal water rights to be transferred.

8. Any other additional information that may be required by the

District.

d. Once the Applicant has provided all the required information necessary for the review, the Service Investigation Report shall be completed within 45 days of the District’s receipt of the Request and payment of the Service Investigation Fee. This time period may be extended due to the complexity of the project or other unforeseen matters that may cause a delay in its completion. Extensions are in the sole discretion of the District Manager. All Service Investigation Reports, prior to release to the requestor, shall be reviewed and approved by the District Manager. A copy of the Service Investigation Report shall be provided to the requestor upon its completion.

e. The Service Investigation Report shall contain at least the following: 1. The legal description of the Project. 2. The physical location of the Project including whether it is included

within the city limits or extraterritorial jurisdiction of any municipality and whether it is within the SUD’s CCN.

3. The size (in acres) of the Project. 4. The proposed purpose/land use of the Project. 5. The number of LUEs required for the Project, as determined in

accordance with definition of LUE in section 1-2. 6. The number and size of each meter to be installed for the Project.


7. A description of the existing SUD infrastructure to which the Applicant will connect in order to supply water to the Project.

8. A description of the facilities and infrastructure that will be required

to connect the Project to the existing SUD infrastructure, including a description of all materials required for construction and identification of the party responsible for the construction of facilities.

9. A requirement that the facilities be constructed in Accordance with

the SUD’s construction standards. 10. A description of the wastewater service for the Project. 11. The average and peak water demand for the Project in gallons per

minute. 12. The construction schedule for the Project. 13. An evaluation of the capacity of on-site storage facilities and

pressurization facilities. 14. Identification of any improvements that will be required to be made to the SUD’s water production, treatment, and/or storage facilities in order to provide service to the Project. 15. If the Applicant is proposing to transfer municipal water rights to the District in lieu of paying the Water Rights Acquisition Fee, the number, in acre-feet, of municipal water rights that need to be transferred to meet the water demands of the project. 16. Other requirements as may be determined by the District Manager, as may be applicable under the Rules.

f. The District’s Service Investigation Report is valid for forty-five (45) days

from the date that the Service Investigation Report is delivered to the Applicant. g. An Applicant may extend the time period for which a Service Investigation Report is valid from 45 days to up to 120 days by: 1. Filing by hand-delivery or certified mail a written request to extend the time period with the District Manager at least 10 days before the expiration day of the 45-day period; and 2. Submitting a non-refundable payment in the following amounts: A. $500.00 for 1 – 10 LUEs;


B. $750.00 for 11 – 250 LUEs; or C. $1,250.00 for 251 or more LUEs. h. The Service Investigation Report is not a commitment of service by the District. Amended December 22, 2009; Amended February 24, 2011. Sec. 5-3. Non-Standard Service Agreement. All Applicants requesting or requiring Non-Standard Water Service shall enter into a written agreement, prepared by the District’s Attorney, and approved by the Board. The agreement shall define the requirements related to construction of the facilities and inspection of those facilities as well as the payment of all required fees. For subdividers, the Agreement shall comply with the Texas Water Development Board’s Economically Distressed Areas Model Subdivision Rules. The Agreement shall incorporate the requirements described in the Service Investigation Report. If the Applicant is also requesting Non-Standard Sewer Service, the Agreement may also include the requirements related to such sewer service as specified in Article 6 of these Rules. The Agreement shall incorporate the requirements outlined in the Rules and shall:

a. Provide all costs associated with required administration, design, construction, and inspection of facilities for water service to the Applicant’s service area and terms by which these costs are to be paid, and specify that the District is under no obligation to provide service to the Applicant unless and until all required fees have been paid, and, if applicable, the transfer of municipal water rights has been completed.

b. Describe all fees and costs to be paid to the District, including Pro Rata

Reimbursement Fees, if applicable. c. Describe the facilities that are required to be constructed and the materials

to be used in the construction of the facilities, state the size of each meter to be installed, define who will be responsible for the construction of those projects, and require the facilities to be constructed in accordance with the District’s Construction Standards.

d. Prescribe the procedures by which the Applicant shall accept or deny a contractor’s bid for facilities to be constructed by the District, thereby committing to continue or discontinue the project.

e. Identify the Impact Fee required by the District, the total amount of any

offset or credit that Applicant may receive, if any, and other information required by Article 11 of these rules.


f. Describe the terms and conditions by which the District may terminate its obligations to provide service.

g. Outline how the District will administer the Applicant’s project with respect to:

1. Design of the Applicant’s onsite service facilities; 2. Securing and qualifying bids; 3. Execution of the Service Agreement; 4. Selection of a qualified bidder for construction for facilities the

District intends to construct; 5. Dispensing advanced funds for construction of facilities required for

the Applicant’s service; 6. Inspecting construction of facilities; and 7. Testing facilities and closing the project.

h. Define the terms by which the Applicant shall indemnify the District from

all third party claims or lawsuit in connection with the project contemplated. i. Define the terms by which the Applicant shall deed all constructed facilities

to the District and by which the District shall assume operation and maintenance responsibility, including any enforcement of warranties in connection with construction of the Applicant’s project.

j. Define the terms by which the Applicant shall grant title or easement for

utilities, constructed facilities, and facility sites and/or terms by which the Applicant shall provide for the securing of required utility easements and sites.

k. Provide covenants required by the Texas Water Development Board

Economically Distressed Areas Model Subdivision Rules.

l. Provide termination date. m. If applicable, provide for pro rata reimbursement by the owners of all intervening property served by such extension of facilities constructed by or paid for by the Applicant. Such pro rata reimbursement provisions shall comply with Section 5-10 of the District’s rules. n. If the Applicant desires and the District is agreeable to the transfer of municipal water rights to the District in lieu of payment of the Water Rights Acquisition


Fee, provide terms for the transfer of the municipal water rights, including a requirement that if, for any reason, the transfer of the municipal water rights to the District cannot be completed, including but not limited to a denial by the Commission of the request to transfer the water, the Applicant will pay the Water Rights Acquisition Fee. The District is under no obligation to agree to the transfer of municipal water rights in lieu of the payment of the Water Rights Acquisition Fee. Amended December 22, 2009; Amended February 24, 2011. Sec. 5-4. Oversizing Facilities. The District reserves the right to upgrade or oversize the water service facilities to meet future demands, provided however, that the District pays the expense of such upgrading or oversizing above the Applicant’s facility requirements.

Sec. 5-5. Property and Utility Easement Acquisition. With regard to construction of facilities, the District shall require private utility easements or private property as per the following conditions:

a. If the District determines that utility easements or facility sites outside the Applicant’s property are required, the District shall require the Applicant to secure easements or title to facility sites on behalf of the District. All utility easements and property titles shall be researched, validated, and filed by the District at the expense of the Applicant.

b. All facilities required to be installed in public right-of-ways on behalf of the

Applicant, due to inability to secure private utility easements, shall be subject to costs equal to the original cost of facility installation for those facilities in public right-of-ways, plus the estimated cost of future relocation to private utility easements.

c. The District shall require an exclusive dedicated utility easement on the Applicant’s property (as required by the size of the planned facilities and as determined by the District) and title to property required for on-site facilities.

d. Easements and facilities shall be prepared for the construction of the District’s pipeline and facility installations in accordance with the District’s requirements and at the expense of the Applicant.

Sec. 5-6. Bids for Construction. For facilities to be constructed by the District, the District’s Consulting Engineer shall award contracts for construction in any manner provided by state law and in accordance with state law. The District may require the following of the Applicant or any contractor:


a. the Applicant’s acceptance of the Non-Standard Service Agreement noting the Applicant’s willingness to proceed with the project and to pay all costs in advance of construction associated with the project;

b. an adequate bid bond from the contractor under terms acceptable to the District;

c. an adequate performance and payment bonding for the project under

terms acceptable to the District; d. favorable references from the contractor that are acceptable to the District; e. a demonstration that the contractor qualifies as competent to complete the

work as determined by the District, and f. adequate certificates of insurance as required by the District.

Sec. 5-7. Pre-Payment For Construction and Service. After the Applicant has executed the Non-Standard Service Agreement, if the Non-Standard Service Agreement requires the District to construct any of the facilities required to provide service, the Applicant shall pay to the District all costs necessary for completion of the project prior to construction and in accordance with the terms of the Non-Standard Service Agreement. Sec. 5-8. Construction.

a. All road work pursuant to county and/or municipal standards (if applicable) shall be completed prior to facility construction to avoid future problems resulting from road right-of-way completion and excavation. Subject to approval of the requisite authority, road sleeves may be installed prior to road construction to avoid road damage during construction of Applicant’s facilities.

b. The District shall inspect the facilities to be constructed by the Applicant to

ensure that District standards are achieved. The cost of inspection of facilities shall be equal to five percent (5%) of the total cost of construction. The Applicant shall pay the District one-half of the Inspection Fee at least five (5) days prior to the commencement of construction. The remaining balance of the Inspection Fee is due prior to acceptance of the facilities by the District with the total fee based on the actual cost of construction.

c. Construction plans and specifications shall be strictly adhered to, but the

District reserves the right to change-order any specifications, due to unforeseen circumstances during the design phase, to better facilitate operation of the Applicant’s facility. All change order amounts shall be charged to the Applicant.


d. All facilities shall be constructed in accordance with the District’s Construction Standards.

Sec. 5-9. Conditions to Activate Service to Property or Project. The property or project for which a Non-Standard Service Agreement has been executed shall be entitled to receive water service upon meeting the following conditions:

a. For subdivisions, a final plat has been approved by all regulatory

authorities having jurisdiction over the subdivision and presented the District with a certificate as required by Texas Local Government Rules §§ 212.012 or 232.029;

b. All water infrastructure improvements described in the Non-Standard

Service Agreement have been completed onsite of the property or project in accordance with the construction standards of the District and the plans and specifications approved by the District’s engineers and the District has inspected and approved the facilities;

c. All water infrastructure improvements described in the Non-Standard

Service Agreement that are located offsite of the property or project that were to be constructed by the developer have been completed in accordance with the construction standards of the District and the plans and specifications approved by the District’s engineers and the District has inspected and approved the facilities;

d. All water infrastructure improvements described in the Non-Standard

Service Agreement that are located offsite of the property or project that were to be constructed by the District have been completed;

e. All water infrastructure improvements described in the Non-Standard

Service Agreement, and which have been inspected and approved by the District, have been dedicated to and accepted by the District;

f. The Applicant has complied with all the requirement specified in the Non-

Standard Service Agreement, transferred all required property and utility easements, delivered all required as-built plans and specifications, receipts of costs, and warranties, and paid any and all fees or charges prescribed in Article 9 of the Rules or the Non-Standard Service Agreement that may be applicable to the Applicant;

g. If the Applicant’s property or development meets the requirements of

Section 4-1, requiring connection to the District’s centralized sewer system, the Applicant has applied for and is qualified to receive sewer service from the District.

Amended February 24, 2011.


5-10. Pro Rata Reimbursement Requirements a. For water mains not included on the District’s Capital Improvements Plan for its impact fees, the District and the original Applicant may enter into a Board-approved pro rata reimbursement agreement, which may be included in a non-standard service agreement, whereby the District agrees to pay to the original Applicant pro rata reimbursement fees as received from future applicants who desire to connect to the facilities paid for or constructed by the original Applicant, with the total payment to the original Applicant not to exceed the amount of the original Applicant’s cost of off-site improvements, less the original Applicant’s pro rata share. b. The total amount of pro rata reimbursement that the original Applicant may receive during the period of the pro rata reimbursement agreement and the per linear foot cost shall be determined and set by the Board of Directors at the time the District accepts the facilities. The total amount of pro rata reimbursement that the original Applicant may receive shall be the total cost for the off-site improvements, less the original Applicant’s pro rata share. c. The total cost of the off-site improvement may include the construction contract price, surveying and engineering fees, and land acquisition costs. The total cost of the offsite improvement may not include any oversizing contribution made by the District or impact fees paid by the Applicant. d. The maximum period of time for the pro rata reimbursement to the original Applicant for the off-site mains shall not exceed ten (10) years. The applicant shall have no claim against the District for any expenses not reimbursed and any pro rata charges not received within ten (10) years, nor any fees received after ten (10) years.

e. An applicant is not entitled to pro rata reimbursement for the construction

of facilities that are identified on the District’s Capital Improvements Plan for its impact fees, but may be entitled to an offset or credit against impact fees owed in accordance with the District’s rules.

Added December 22, 2009.


ARTICLE 6: NON-STANDARD SEWER SERVICE REQUIREMENTS Article Added February 24, 2011. Sec. 6-1. Applicability. This Article for applies to subdivisions, additions to subdivisions, developments or other properties where sewer service to more than one tract is necessary, where additional piping, service facilities, etc. are required to accommodate individual, multiple, commercial, or industrial Applicants, or where the Applicant has requested sewer service to a facility that qualifies as more than one LUE. For the purposes of the Rules, Applications subject to this Article shall be defined as Non-Standard. This Article does not apply to Applicant’s whose service request has been determined to be for Standard Service in accordance with Section 4-3. Sec. 6-2. Service Investigation. a. Prior to submitting an application for sewer service, any person (“Applicant”) who intends to seek non-standard sewer service from the District shall submit a Request for a Service Investigation and the Service Investigation Fee to the District Manager of the District. b. Upon receipt of a completed Request for a Service Investigation form and the Service Investigation Fee, the District, or its designated engineering or legal consultants, shall investigate the District’s ability to serve the tract of land or development, and shall assess whether additional or expanded sewer treatment, collection facilities are required to provide sewer service to the Applicant. c. Each Request for a Service Investigation shall include the following:

1. Four copies of a map or preliminary plat showing the property indicating the location of the said property with the District’s CCN, and the proposed improvements to be constructed to connect such facilities to the District’s sewer system. A written description of the proposed infrastructure, including all materials, required for construction must be submitted as well. The map or plat must show the legal description and the dimensions of the property. The map or plat must be signed and sealed by a licensed surveyor or registered professional engineer.

2. The intended land use of the property, including detailed

information concerning the type of land uses proposed. 3. The proposed number of LUEs, as determined in accordance with

definition of LUE in section 1-2, and the projected water demand of each connection, including the average and peak demand in gallons per minute (GPM), and a projected growth schedule tied to demand for water, and the number and size of water meters requested.


4. A proposed calendar of events, including design, construction

phasing and initial occupancy, and the approximate date upon which sewer service from the District will first be needed.

5. A description of water service to the property if the request for the

Service Investigation Report does not include a request for a Service Investigation Report for water service from the District.

6. Any other additional information that may be required by the

District.

d. Once the Applicant has provided all the required information necessary for the review, the Service Investigation Report shall be completed within 45 days of the District’s receipt of the Request and payment of the Service Investigation Fee. This time period may be extended due to the complexity of the project or other unforeseen matters that may cause a delay in its completion. Extensions are in the sole discretion of the District Manager. All Service Investigation Reports, prior to release to the requestor, shall be reviewed and approved by the District Manager. A copy of the Service Investigation Report shall be provided to the requestor upon its completion. e. The Service Investigation Report shall contain at least the following: 1. The legal description of the Project. 2. The physical location of the Project including whether it is included within the city limits or extraterritorial jurisdiction of any municipality and whether it is within the SUD’s CCN. 3. The size (in acres) of the Project. 4. The proposed purpose/land use of the Project. 5. The number of LUEs required for the Project, as determined in accordance with definition of LUE in section 1-2. 6. The number and size of each meter to be installed for the Project. 7. A description of the existing SUD infrastructure to which the Applicant will connect in order to obtain sewer service for the Project. 8. A description of the facilities and infrastructure that will be required to connect the Project to the existing SUD infrastructure, including a description of all materials required for construction and identification of the party responsible for the construction of facilities.


9. A requirement that the facilities be constructed in Accordance with the SUD’s construction standards. 10. A description of the proposed sewer facilities for the Project. 11. The average and peak water demand for the Project in gallons per minute. 12. The construction schedule for the Project. 13. An evaluation of the capacity of on-site collection facilities. 14. Identification of any improvements that will be required to be made to the SUD’s sewer collection and treatment facilities in order to provide service to the Project.

f. The District’s Service Investigation Report is valid for forty-five (45) days from the date that the Service Investigation Report is delivered to the Applicant. g. An Applicant may extend the time period for which a Service Investigation Report is valid from 45 days to up to 120 days by: 1. Filing by hand-delivery or certified mail a written request to extend the time period with the District Manager at least 10 days before the expiration day of the 45-day period; and 2. Submitting a non-refundable payment in the following amounts: A. $500.00 for 1 – 10 LUEs; B. $750.00 for 11 – 250 LUEs; or C. $1,250.00 for 251 or more LUEs. h. The Service Investigation Report is not a commitment of service by the District. Sec. 6-3. Non-Standard Service Agreement. All Applicants requesting or requiring Non-Standard Sewer Service shall enter into a written agreement, prepared by the District’s Attorney, and approved by the Board. The agreement shall define the requirements related to construction of the facilities and inspection of those facilities as well as the payment of all required fees. For subdividers, the Agreement shall comply with the Texas Water Development Board’s Economically Distressed Areas Model Subdivision Rules. The Agreement shall incorporate the requirements described in the Service Investigation Report. If the


Applicant is also requesting Non-Standard Water Service, the Agreement may also include the requirements related to such sewer service as specified in Article 5 of these Rules. The Agreement shall incorporate the requirements outlined in the Rules and shall:

a. Provide all costs associated with required administration, design, construction, and inspection of facilities for sewer service to the Applicant’s service area and terms by which these costs are to be paid, and specify that the District is under no obligation to provide service to the Applicant unless and until all required fees have been paid.

b. Describe all fees and costs to be paid to the District, including Pro Rata

Reimbursement Fees, if applicable. c. Describe the facilities that are required to be constructed and the materials

to be used in the construction of the facilities, state the size of each meter to be installed, define who will be responsible for the construction of those projects, and require the facilities to be constructed in accordance with the District’s Construction Standards.

d. Prescribe the procedures by which the Applicant shall accept or deny a contractor’s bid for facilities to be constructed by the District, thereby committing to continue or discontinue the project.

e. Identify the Impact Fee required by the District, the total amount of any

offset or credit that Applicant may receive, if any, and other information required by Article 11 of these rules.

f. Describe the terms and conditions by which the District may terminate its

obligations to provide service.

g. Outline how the District will administer the Applicant’s project with respect to:

1. Design of the Applicant’s onsite service facilities; 2. Securing and qualifying bids; 3. Execution of the Service Agreement; 4. Selection of a qualified bidder for construction for facilities the

District intends to construct; 5. Dispensing advanced funds for construction of facilities required for

the Applicant’s service;


6. Inspecting construction of facilities; and 7. Testing facilities and closing the project.

h. Define the terms by which the Applicant shall indemnify the District from

all third party claims or lawsuit in connection with the project contemplated. i. Define the terms by which the Applicant shall deed all constructed facilities

to the District and by which the District shall assume operation and maintenance responsibility, including any enforcement of warranties in connection with construction of the Applicant’s project.

j. Define the terms by which the Applicant shall grant title or easement for

utilities, constructed facilities, and facility sites and/or terms by which the Applicant shall provide for the securing of required utility easements and sites.

k. Provide covenants required by the Texas Water Development Board

Economically Distressed Areas Model Subdivision Rules.

l. Provide termination date. m. If applicable, provide for pro rata reimbursement by the owners of all intervening property served by such extension of facilities constructed by or paid for by the Applicant. Such pro rata reimbursement provisions shall comply with Section 6-10 of the District’s rules.

Sec. 6-4. Oversizing Facilities. The District reserves the right to upgrade or oversize the sewer service facilities to meet future demands, provided however, that the District pays the expense of such upgrading or oversizing above the Applicant’s facility requirements.

Sec. 6-5. Property and Utility Easement Acquisition. With regard to construction of facilities, the District shall require private utility easements or private property as per the following conditions:

a. If the District determines that utility easements or facility sites outside the Applicant’s property are required, the District shall require the Applicant to secure easements or title to facility sites on behalf of the District. All utility easements and property titles shall be researched, validated, and filed by the District at the expense of the Applicant.

b. All facilities required to be installed in public right-of-ways on behalf of the

Applicant, due to inability to secure private utility easements, shall be subject to costs


equal to the original cost of facility installation for those facilities in public right-of-ways, plus the estimated cost of future relocation to private utility easements.

c. The District shall require an exclusive dedicated utility easement on the Applicant’s property (as required by the size of the planned facilities and as determined by the District) and title to property required for on-site facilities.

d. Easements and facilities shall be prepared for the construction of the District’s pipeline and facility installations in accordance with the District’s requirements and at the expense of the Applicant.

Sec. 6-6. Bids for Construction. For facilities to be constructed by the District, the District’s Consulting Engineer shall award contracts for construction in any manner provided by state law and in accordance with state law. The District may require the following of the Applicant or any contractor:

a. the Applicant’s acceptance of the Non-Standard Service Agreement noting the Applicant’s willingness to proceed with the project and to pay all costs in advance of construction associated with the project;

b. an adequate bid bond from the contractor under terms acceptable to the District;

c. an adequate performance and payment bonding for the project under

terms acceptable to the District; d. favorable references from the contractor that are acceptable to the District; e. a demonstration that the contractor qualifies as competent to complete the

work as determined by the District, and f. adequate certificates of insurance as required by the District.

Sec. 6-7. Pre-Payment For Construction and Service. After the Applicant has executed the Non-Standard Service Agreement, if the Non-Standard Service Agreement requires the District to construct any of the facilities required to provide service, the Applicant shall pay to the District all costs necessary for completion of the project prior to construction and in accordance with the terms of the Non-Standard Service Agreement.


Sec. 6-8. Construction.

a. All road work pursuant to county and/or municipal standards (if applicable) shall be completed prior to facility construction to avoid future problems resulting from road right-of-way completion and excavation. Subject to approval of the requisite authority, road sleeves may be installed prior to road construction to avoid road damage during construction of Applicant’s facilities.

b. The District shall inspect the facilities to be constructed by the Applicant to

ensure that District standards are achieved. The cost of inspection of facilities shall be equal to five percent (5%) of the total cost of construction. The Applicant shall pay the District one-half of the Inspection Fee at least five (5) days prior to the commencement of construction. The remaining balance of the Inspection Fee is due prior to acceptance of the facilities by the District with the total fee based on the actual cost of construction.

c. Construction plans and specifications shall be strictly adhered to, but the

District reserves the right to change-order any specifications, due to unforeseen circumstances during the design phase, to better facilitate operation of the Applicant’s facility. All change order amounts shall be charged to the Applicant.

d. All facilities shall be constructed in accordance with the District’s

Construction Standards.

Sec. 6-9. Conditions to Activate Service to Property or Project. The property or project for which a Non-Standard Service Agreement has been executed shall be entitled to receive sewer service upon meeting the following conditions:

a. For subdivisions, a final plat has been approved by all regulatory

authorities having jurisdiction over the subdivision and presented the District with a certificate as required by Texas Local Government Rules §§ 212.012 or 232.029;

b. All sewer infrastructure improvements described in the Non-Standard

Service Agreement have been completed onsite of the property or project in accordance with the construction standards of the District and the plans and specifications approved by the District’s engineers and the District has inspected and approved the facilities;

c. All sewer infrastructure improvements described in the Non-Standard

Service Agreement that are located offsite of the property or project that were to be constructed by the developer have been completed in accordance with the construction standards of the District and the plans and specifications approved by the District’s engineers and the District has inspected and approved the facilities;


d. All sewer infrastructure improvements described in the Non-Standard Service Agreement that are located offsite of the property or project that were to be constructed by the District have been completed;

e. All sewer infrastructure improvements described in the Non-Standard

Service Agreement, and which have been inspected and approved by the District, have been dedicated to and accepted by the District;

f. The Applicant has complied with all the requirement specified in the Non-

Standard Service Agreement, transferred all required property and utility easements, delivered all required as-built plans and specifications, receipts of costs, and warranties, and paid any and all fees or charges prescribed in Article 9 of the Rules or the Non-Standard Service Agreement that may be applicable to the Applicant;

6-10. Pro Rata Reimbursement Requirements a. For sewer mains not included on the District’s Capital Improvements Plan for its impact fees, the District and the original Applicant may enter into a Board-approved pro rata reimbursement agreement, which may be included in a non-standard service agreement, whereby the District agrees to pay to the original Applicant pro rata reimbursement fees as received from future applicants who desire to connect to the facilities paid for or constructed by the original Applicant, with the total payment to the original Applicant not to exceed the amount of the original Applicant’s cost of off-site improvements, less the original Applicant’s pro rata share. b. The total amount of pro rata reimbursement that the original Applicant may receive during the period of the pro rata reimbursement agreement and the per linear foot cost shall be determined and set by the Board of Directors at the time the District accepts the facilities. The total amount of pro rata reimbursement that the original Applicant may receive shall be the total cost for the off-site improvements, less the original Applicant’s pro rata share. c. The total cost of the off-site improvement may include the construction contract price, surveying and engineering fees, and land acquisition costs. The total cost of the offsite improvement may not include any oversizing contribution made by the District or impact fees paid by the Applicant. d. The maximum period of time for the pro rata reimbursement to the original Applicant for the off-site mains shall not exceed ten (10) years. The applicant shall have no claim against the District for any expenses not reimbursed and any pro rata charges not received within ten (10) years, nor any fees received after ten (10) years.

e. An applicant is not entitled to pro rata reimbursement for the construction

of facilities that are identified on the District’s Capital Improvements Plan for its impact fees, but may be entitled to an offset or credit against impact fees owed in accordance with the District’s rules.


ARTICLE 7: BILLING AND PAYMENT REQUIREMENTS; DISCONNECTION REGULATIONS Sec. 7-1. Applicability. This Article applies to any water or sewer Applicant or Customer of the District. Amended February 24, 2011. Sec. 7-2. Charge Distribution; Payment Application; Deferred Payment Plan and Agreement; Remote Payment Site.

a. The Minimum Monthly Charge is applied from the first day of the monthly billing cycle to the last day of the monthly billing cycle. Charges shall be prorated for meter installations and service terminations falling during the monthly billing cycle. All services shall be subject to this charge whether or not the service is in use by the Customer.

b. Gallonage or Usage Charge shall be billed at the rate specified in Article 9

of the Rules, and shall be billed in one thousand (1000) gallon increments or fractions thereof. Water and sewer charges for usage are based on monthly meter readings and are calculated from reading date to reading date. Readings used in all billings calculations shall be taken by the District’s employees or designated representative.

c. Posting of Payments -- All payments shall be posted against previous

balances prior to posting against current billings. d. The District may offer a deferred payment plan to an Applicant or

Customer who is obtaining Standard Service and who cannot pay the entire Water Rights Acquisition Fee, Meter Installation Fee, Sewer Connection Fee, an outstanding balance in full, or other fee or assessment of the District, and is willing to pay the balance in reasonable installments as determined by the District, including any Late Penalty Fees or interest on the monthly balance. The payment plan may require the Applicant or Customer to pay a portion of the fees in advance. The Applicant or Customer shall sign and agree to the terms and conditions of the Deferred Payment Agreement, and pay the District the Payment Plan Fee if required. The District is under no obligation to offer any Applicant or Customer a payment plan and in no event shall a payment plan be offered without a showing of good cause by the Applicant or the Customer.

e. The District will accept payments made at an authorized payment agency, a remote location specifically designated by the District to be a collection agent for the District. Locations of remote payment facilities will be provided on the District’s website. Amended February 24, 2011; June 13, 2014.


Sec. 7-3. Due Date, Delinquent Bills, and Service Disconnection Date. The District shall mail each customer a bill for each billing cycle assessing the customer the minimum monthly charge, gallonage charge, and any other applicable fees or charges. All bills shall be due by the date indicated on the bill (allowing approximately fifteen (15) days to pay), after which time a penalty shall be applied as described in Article 9 of the Rules. A bill is delinquent if not paid by the due date. Payments made by mail will be considered late if postmarked after the due date. A delinquent payment notice advising the customer that the bill is delinquent shall be mailed to the customer on or after the due date of the bill. The delinquent payment notice shall notify the customer that service will be disconnected if payment is not received by the District on or before the eleventh (11th) day after the date the customer is notified of the delinquent payment. The meter lock fee shall be assessed, in addition to any late payment penalty or fee, at the close of business on the eleventh (11th) day after the date the Customer is notified of the delinquent payment. If the due date for the regular final billing is on a weekend or holiday, the next due date for payment purposes shall be the next day the District office is open for business after said weekend or holiday. For all disputed payment deadlines, the date postmarked on each bill will determine the beginning of the payment period or delinquent payment notice mailings. In no event shall service be terminated before the eleventh (11th) day after the date the District notifies the customer of the overdue payment. Amended July 8, 2010; February 24, 2011; August 25, 2011; January 23, 2014. Sec. 7-4. Rules for Disconnection of Service. The following describes the rules and conditions for disconnection of service: a. Disconnection at the Customer’s Request – Upon receipt of a written request from a customer to terminate service at the customer’s service location, the District shall terminate service on or before the third day the customer requests termination. No additional notice of termination or discontinuance of notice is required. The District shall refund the customer’s deposit to the customer if the customer discontinues service and pays all outstanding utility service bills. The District may apply the customer’s security deposit to the customer’s unpaid utility account balance before the District refunds the balance of the deposit to the renter.

b. Disconnection with Notice -- Water or sewer service, or both may be disconnected for any of the following reasons after proper notification has been given:

1. Returned Checks -- In the event a check, draft, or any other similar

instrument is given by a person to the District for payment of services provided for in the Rules, and the instrument is returned by the bank or other similar institution as insufficient or non-negotiable for any reason, the District shall mail, via the U.S. Postal Service, a notice requiring redemption of the returned instrument within ten (10) days of the date of the notice to be made in the District office. Redemption of the returned


instrument shall be made by cash, money order, or certified check. Failure to meet these terms shall initiate disconnection of service. The Customer whose instruments have been returned as insufficient or non-negotiable for any reason for any two billing periods within a 12-month period shall be considered a bad credit risk by the District and the Customer shall be placed on a “cash-only” basis for a period of 12 months. “Cash-only” means certified check, money order, or cash.

2. Failure to pay a delinquent account for utility service or failure to

comply with the terms of a deferred payment agreement; 3. Violation of the District’s rules pertaining to the use of service in a

manner which interferes with the service of others or the operation of non-standard equipment if a reasonable attempt has been made to notify the Customer and the Customer is provided with a reasonable opportunity to remedy the situation;

4. Failure of the Customer to comply with the terms of the District’s

Service Agreement, Rules, Bylaws, Drought Contingency Plan, or Special Contract provided that the District has given notice of such failure to comply, as may be required, and Customer has failed to comply with a specified amount of time after notification.

5. Failure to provide access to the meter under the terms of the Rules

or to property at which water service is received when there is reason to believe that a hazardous condition or policy violation exists for which access is necessary to verify.

6. Misrepresentation by any Applicant of any fact on any form,

document, or other agreement required to be executed by the District. 7. Failure of Customer to meet requirements of the regulatory

authority for construction or maintenance of on-site sewage facilities as authorized by the Texas Heath & Safety Rules Chapter 366.

8. Failure of Customer to re-apply for service upon notification by the

District that Customer no longer meets the terms of the service classification originally applied for under the original service application.

9. Failure to connect to the District’s sewer system if the Customer is

required to do so pursuant to Article 4-1.

c. Disconnection Without Notice. 1. Utility service may be disconnected without notice for any of the

following conditions:

A. A known dangerous or hazardous condition exists for which service may remain disconnected for as long as the condition exists, including but not limited to a violation of the Texas Health & Safety Rules Chapter 341 or the public


drinking water rules and regulations of the TCEQ, or there is reason to believe a dangerous or hazardous condition exists and the Customer refuses to allow access for the purpose of confirming the existence of such condition and/or removing the dangerous or hazardous condition.

B. Failure to comply with the District’s Cross Connection

Prevention Program as provided in Article 8 of these Rules. C. Service is connected without authority by a person who has

not made application for service or who has reconnected service without authority following termination of service for nonpayment;

D. In instances of tampering with the District’s meter or

equipment, including placing any object or devise (such as a magnet or electrical or battery operated devise) on or near the meter or the meter box that disrupts the meter’s registration of flows, by-passing the meter or equipment, or other diversion or theft of service; or

E. In instances in which the service connection has been

abandoned and is not longer in use. F. Failure to comply with the District’s requirements relating to

non-domestic and industrial wastewater discharges into the District’s sewer system, as provided in Article 13 of these Rules.

2. Where reasonable, given the nature of the reason for disconnection, a written statement providing notice for disconnection and the reason therefore shall be posted at the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected.

d. Disconnection Prohibited -- Utility service may not be disconnected for any of the following reasons:

1. Failure of the Customer to pay for merchandise or charges for non-

utility service provided by the District, unless an agreement exists between the Applicant and the District whereby the Customer guarantees payment of non-utility service as a condition of service;

2. Failure of the Customer to pay for a different type or class of utility

service unless a fee for such service is included in the same bill; 3. Failure of the Customer to pay charges arising from an underbilling

occurring due to any misapplication of rates more than four (4) months prior to the current billing;


4. Failure of the Customer to pay the account of another Customer as guarantor thereof, unless the District has in writing the guarantee as a condition precedent to service;

5. Failure of the Customer to pay charges arising from an underbilling

due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due to meter error;

6. Failure of the Customer to pay estimated bill other than a bill

rendered pursuant to an approved meter reading plan, unless the District is unable to read the meter due to circumstances beyond its control; or

7. In response to a request for disconnection by an Owner/Customer

of rental property where the renter is billed directly by the District as authorized by the owner, and the renter’s account is not scheduled for disconnection under the Rules for Disconnection of Service in the Rules.

e. Disconnection on Holidays and Weekends -- Unless a dangerous condition exists or the Customer requests disconnection, service shall not be disconnected on a day, or on a day preceding a day, when personnel of the District are not available to the public for the purpose of making collections and reconnecting service.

f. Disconnection for Ill and Disabled -- The District may not discontinue service to a delinquent residential Customer permanently residing in an individually metered dwelling unit when that Customer establishes that discontinuance of service will result in some person at that residence becoming seriously ill or more seriously ill if service is discontinued. Each time a Customer seeks to avoid termination of service under this subsection, the Customer must have the attending physician call or contact the District within sixteen (16) days of issuance of the bill. A written statement must be received by the District from the physician within twenty-six (26) days from the issuance of the utility bill. The prohibition against service termination shall last sixty-three (63) days from the issuance of the utility bill or such lesser period as may be agreed upon by the District and Customer’s physician. The Customer shall enter into a Deferred Payment Agreement.

g. Disconnection of Master-Metered Services -- When a bill for water utility services is delinquent for a master-metered service complex (defined as a complex in which a single meter serves two (2) or more residential dwelling units), the following shall apply:

1. The District shall send a notice to the Customer as required. This notice shall also inform the Customer that notice of possible disconnection will be provided to the tenants of the service complex in six (6) days if payment is not rendered before that time.


2. At least six (6) days after providing notice to the Customer and at least four (4) days prior to disconnection, the District shall post at least five (5) notices in public areas of the service complex notifying the residents of the scheduled date for disconnection of service.

3. The tenants may pay the District for any delinquent bill in behalf of

the owner to avert disconnection or to reconnect service to the complex.

h. Assessment of Meter Lock Fee and Reconnection of Service

1. The Meter Lock Fee shall be assessed against the Customer at the time the District determines disconnection is required.

2. The District shall reconnect service to a customer whose service

has been disconnected under this section if the customer’s account is current or the customer has otherwise entered into a payment plan pursuant to section 7-2 and is current under that plan, all reconnection fees have been paid, and any hazardous or dangerous conditions have been corrected.

Amended February 24, 2011; January 23, 2014. Sec. 7-5. Billing Cycle Changes. The District reserves the right to change its billing cycles if the work load requires such practice. After a billing period has been changed, the billings shall be sent on the new change date unless otherwise determined by the District. Sec. 7-6. Back-billing. The District may back-bill a Customer for up to four (4) months for meter error, misapplied meter multiplier, incorrect meter readings, or error in computing a Customer’s bill. Failure to pay the most recent two (2) months billing will result in disconnection of service and the re-establishment of credit. Sec. 7-7. Disputed Bills. In the event of a dispute between the Customer and the District regarding any bill, the District shall conduct an investigation as shall be required by the particular case, and report the results in writing thereof to the Customer. All disputes under this Subsection must be submitted to the District, in writing, prior to the due date posted on said bill. Disputes regarding a Customer’s bill shall be processed in accordance with Section 1-8 of these Rules. Amended February 24, 2011.


Sec. 7-8. Inoperative Meters. Water meters found inoperative will be repaired or replaced within a reasonable time. If a meter is found not to register for any period, unless by-passed or tampered with, the District shall make a charge for units used, but not metered, for a period not to exceed three (3) months, based on amounts used under similar conditions during the period preceding or subsequent thereto, or during corresponding periods in previous years. Sec. 7-9. Bill Adjustment Due to Meter Error. a. The District shall test any Customer’s meter upon written request of the Customer. These requests shall be processed by the District Manager in accordance with Section 1-8 of these Rules. b. In the event the meter tests within the accuracy standards of the American Water Works Association, a test fee as prescribed in Article 9 of the Rules shall be imposed, unless the District Manager, during his investigation, determines that the measured water usage by the Customer is inaccurate although the meter test reports that the meter is within the accuracy standards for the American Water Works Association. c. In the event the test results or the District Manager’s investigation indicate that the meter is faulty or inaccurate, the test fee shall be waived, the meter shall be calibrated or replaced, and a billing adjustment may be made as far back as four (4) months prior to the test. The billing adjustment shall be made to the degree of the meter’s inaccuracy as determined by the test. The Customer shall complete a Meter Test Authorization and Test Report prior to the test. Amended February 24, 2011. Sec. 7-10. Damage to District Property; Meter Tampering and Diversion. No person shall destroy, deface, damage, or interfere with District facilities, property, or meters. Any customer that destroys, defaces, damages, or interferes with District facilities shall be subject to the applicable civil fines and criminal penalties described in these Rules. A person who willfully destroys, defaces, damages, or interferes with District property is guilty of a Class B misdemeanor. Damage or interference with District property includes, but is not limited to, meter-tampering, by-passing the meter, an unauthorized diversion around the meter, removing a locking or shut-off device used by the District to discontinue service, physically disorienting the meter, attaching objects to the meter to divert service or to by-pass, inserting objects into the meter or on the meter box, and other magnetic, electrical and mechanical means of tampering with, by-passing, or diverting service. Amended February 24, 2011.


Sec. 7-11. Meter Relocation. Relocation of meters or taps shall be allowed by the District provided that:

a. An easement for the proposed location has been granted to the District; b. The existing tap or meter location is located on the same property as the

proposed tap or meter location; and

c. The Customer pays the Meter Relocation Fee. Sec. 7-12. Prohibition of Multiple Connections to a Single Tap. In order that the District may maintain adequate records of the actual number of users on its water system to assure compliance with Texas Commission on Environmental Quality’s Rules and Regulations on minimum service standards, to ensure that charges are received for each user on the water system, and to ensure that the District’s metering device is adequately sized for proper flow and accurate measurement of water used, all connections of any dwelling, household, business, and/or water-consuming establishment currently receiving or planning to receive water service, either directly or indirectly from the District’s water system, shall individually apply for service under the rules of the Rules. Any unauthorized submetering of service shall be considered a Multiple Connection and subject to disconnection of service. If the District has sufficient reason to believe a Multiple Connection exists, the District shall discontinue service under the Disconnection with Notice provisions of the Rules. Sec. 7-13. Access to Meters. a. The Customer shall provide unobstructed access to the meter at all times for the purpose of reading, installing, maintaining, checking, repairing, or placing the meter. Each Customer is required to maintain an obstruction-free zone of at least two feet around the meter box. This area shall be kept clear of any items that obstruct access to the meter, including but not limited to fences, shrubs, plants, trees, vehicles, trailers, and trash cans. Access to the meter shall be a direct path, clear of obstructions, from the street to the water meter. b. If the Customer fails to provide unobstructed access to the meter, preventing the District from reading, installing, maintaining, checking, repairing, or placing the meter, a notice shall be sent to the Customer explaining the nature of the problem and providing 60 days to remove the obstruction and make the meter accessible. The Customer will also receive an estimated bill for the month(s) in which the meter was not accessible. Failure to remove the obstruction and make the meter accessible within 60 days as provided in the notice is cause for discontinuation of service, which will not be restored until the obstructions are removed. Discontinuation of service shall be performed by locking the meter or closing the service from the main.


In both cases, the Customer shall be responsible for the fees associated with each disconnection and restoration of service. c. Corrective actions include, but are not limited to, making necessary arrangements to relocate the meter, rerouting the fence that is blocking access, or removing the obstruction from the meter. Amended January 23, 2014 Sec. 7-14. Customer’s Responsibilities on Customer’s side of the Meter. a. The District’s ownership and maintenance responsibility of water supply and metering equipment shall end at the point where the Customer connects to the equipment provided by the District during the installation of the metering equipment. Therefore, all water usage registering upon and/or damages occurring to the metering equipment owned and provided by the District shall be subject to charges as determined by the District’s Rules as amended from time to time by the Board of Directors. b. The District Manager, in his sole discretion, may assist Customers/Customers to correct problems and leaks to service lines on the Customer’s side of the meter if such assistance will promote water conservation. Sec. 7-15. Leak repair assistance a. In cases where a customer discovers a leak on the Customer’s side of meter, the Customer may request from the Board of Directors relief from the water usage charges. The Board may grant the requested relief if the following conditions are met:

1. The customer’s water usage charge for the month or months for

which the relief is sought is more than 50 percent higher than the same month or months in the preceding calendar year. If the Customer does not have water usage data for the same month or months in the preceding calendar year, no relief may be granted;

2. The customer demonstrates that the increased water usage was

due to a leak and such leak is confirmed by the District; 3. The customer demonstrates that he or she took immediate action to

locate and correct the leak; 4. The customer presents evidence that the leak has been repaired;

and


5. The customer has paid his or her minimum monthly charge, her or she had paid the lesser of $1000 or one-half of the water usage charges for which relief is being sought, and the customer is current on all other fees and charges.

b. In no event is the Board required to grant the requested relief. If the Board determines that relief should be granted, the customer shall be charged the Residential or Commercial Tier 1 Water Usage rate (depending on the type of customer) for the water usage that is in excess of the water usage for the same month or months in the preceding calendar year. The water usage charge paid in advance of the Board’s decision shall be credited towards the water usage charge as determined by the Board herein. Water usage during the period for which relief is requested that is not in excess of the preceding year’s water usage for the same month or months shall be charged the current tiered Water Usage rate. Service to customer will not be disconnected while a request is pending before the Board. Sec. 7-16. Cut-Off Valve Required. The District shall require each customer to provide a cut-off valve on the Customer’s side of the meter for purposes of isolating the customer’s service pipeline and plumbing facilities from the District’s water pressure. The customer’s use of the District’s curb stop or other similar valve for such purposes is prohibited. Any damage to the District’s equipment shall be subject to service charges. Sec. 7-17. Easements. Each customer shall grant to the District any and all easements as may be necessary and reasonable for the provision of water service.

Sec. 7-18. Civil Fines.

In addition to criminal penalties as provided by Section 1-6 of the Rules, a person violating this Article is subject to a civil fine of $500.00. Civil fines do not apply to violations of this Article related to the disconnection of service because of non-payment. The District may also seek injunctive relief and any other relief available to it by law. The District does not waive its right to seek criminal penalties should the District decide to also pursue its civil remedies.

Sec. 7-19. Lifeline Program. a. An water or sewer applicant or customer of the District may request to be included in the District’s Lifeline Program by filing an application with the District at the District’s offices. An applicant or customer shall be included in the Lifeline Program upon meeting the qualifications described in this section of the District’s Rules. b. To qualify for the Lifeline Program, the applicant or customer must be:


1. Permanently disabled and receives benefits from any of the following programs or entities: Medicaid, Food Stamps, Supplemental Security Income (SSI), Federal Public Housing Assistance, Low Income Home Energy Assistance Program (LIHEAP) or disability compensation from the Department of Veterans Affairs; or 2. Over the age of 65 and receives benefits from any of the following programs or entities: Medicaid, Food Stamps, Supplemental Security Income (SSI), Federal Public Housing Assistance, Low Income Home Energy Assistance Program (LIHEAP) or disability compensation from the Department of Veterans Affairs. c. Proof of eligibility. 1. All customers or applicants requesting to be included in the District’s Lifeline Program must submit proof that the customer or applicant receives benefits from any of the following programs or entities: Medicaid, Food Stamps, Supplemental Security Income (SSI), Federal Public Housing Assistance, Low Income Home Energy Assistance Program (LIHEAP) or disability compensation from the Department of Veterans Affairs. 2. In addition to the information required by subsection c.(1), a customer or applicant requesting to be in the District’s Lifeline Program based on a permanent disability must submit an original notarized letter from the applicant’s or customer’s doctor stating the customer or applicant is permanently disabled. 3. In addition to the information required by subsection c.(1), a customer or applicant requesting to be in the District’s Lifeline Program based on age must present his or her driver’s license to the District, and allow it to be copied, or provide the District with a copy of his or her birth certificate. d. Each customer participating in the District’s Lifeline Program shall reapply each year between December 1st and December 31st in order to remain eligible for the program. If a customer fails to reapply as required, the customer’s rates shall revert to the standard residential water or sewer rates, unless and until a new application from the customer is received and approved by the District. Amended February 24, 2011; Amended February 21, 2013.


ARTICLE 8: CROSS-CONTAMINATION PREVENTION PROGRAM

Sec. 8-1. Cross Connection Prohibited

a. No direct connection between the District’s water system and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the system by an air-gap or an appropriate backflow prevention devise.

b. No cross-connection between the water system and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air-gap or a reduced pressure-zone backflow prevention device.

c. No connection which allows water to be returned to the water system is permitted.

d. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use.

e. No solder or flux which contains more than 0.2% lead may be used for the installation or repair of plumbing at any connection which provides water for human consumption.

f. A person or customer may not:

1. install or maintain a potable water supply, plumbing fixture, equipment, or construction device that creates a cross-connection, or allows reclaimed, contaminated, or polluted water, mixtures or other substances, or gases, to enter potable water by back siphoning, backpressure, or other means;

2. connect an auxiliary water supply to the District's public water system or a private plumbing system unless a backflow prevention assembly or air gap is installed as required by this chapter;

3. use a chemical or substance that may cause pollution or contamination of the public water system without installing a backflow prevention assembly or device as required by these Rules;

4. connect to the public water system a mechanism or system designed to return reclaimed or used water to the public water system;

5. connect a reclaimed water system to the District’s public water system or to the potable water system of a customer who receives potable water service from the District's public water system; or


6. connect a vehicle or equipment capable of producing back siphonage or back pressure without installing a backflow prevention assembly or device as required by this Article.

g. A person may not install a backflow prevention assembly in a private plumbing system, fire protection system, process water system, irrigation system, or other water distribution system connected to the District’s water system unless:

1. the assembly has been designed, manufactured, and tested in accordance with the standards adopted by the American Water Works Association; and

2. the assembly has been tested and listed as an approved backflow prevention assembly by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research.

Sec. 8-2. Customer Duties.

a. A customer shall install a new, replacement, or reconditioned backflow prevention assembly or device in accordance with this Article.

b. Not later than the fifth (5th) day after the date a new, replacement, or reconditioned backflow prevention assembly is installed and tested, a customer shall submit to the District Manager of the District the original test and maintenance report on the backflow prevention assembly.

c. The District Manager of the District may not install or authorize the installation of a permanent water meter unless the customer has submitted a test and maintenance report for each backflow prevention assembly installed on a site, all inspections of the device are completed as provided in Section 8-3, and the device meets the requirements of Section 8-1(g).

d. The customer is responsible for general maintenance and upkeep of a backflow prevention assembly. An owner and the owner’s tenant/lessee are jointly responsible for maintenance.

e. The District Manager may require, at his discretion, that any customer install and maintain a backflow prevention assembly if the District Manager determines that such a devise is necessary to protect the public water supply system from contamination.

Amended on August 2008.

Sec. 8-3 Inspection and Testing of Backflow Prevention Assemblies.

a. A customer shall test a backflow prevention assembly as required by Section 290.044 (Water Distribution) of Title 30 of the Texas Administrative Code.

b. All inspections and testing shall be conducted by a plumbing inspector water supply protection specialists licensed by the State Board of Plumbing Examiners


or by a customer service inspector licensed by the Texas Commission on Environmental Quality.

c. If necessary to protect the District’s water system, the District Manager may require testing more frequently than required by state law.

d. A customer shall pay the cost of testing and related costs.

e. A customer must repair, overhaul, or replace an assembly that fails a test before returning the assembly to service.

f. A customer shall keep a record of each test, repair, and overhaul of a backflow prevention assembly and submit the original record to the District Manager not later than the fifth (5th) day after a test, repair, or overhaul.

Sec. 8-4. Removal or Replacement.

a. A customer may not remove from use, relocate, or substitute another backflow prevention device or assembly without the approval of the director.

b. A replacement backflow prevention assembly must comply with this Article.

c. A customer shall replace a backflow prevention assembly or device that:

1. is removed or relocated from an existing installation;

2. the District Manager determines requires more than minimum maintenance; or

3. constitutes a hazard to the water system or the public health.

Sec. 8-5. Cross Connection Survey.

a. The District Manager may conduct a cross connection survey of the Customer's potable water system as a condition of service to prevent or eliminate cross connections between the Customer's potable water system and contamination or pollution sources.

b. The District Manager shall inspect:

1. a building and surrounding property for potential cross connections;

2. the availability of an auxiliary or reclaimed water supply;


3. the use of a pollutant, contaminant and other liquid, solid, or gaseous substance;

4. backflow prevention assembly installation; and

5. backflow prevention certification and test records.

c. The director shall require a customer to eliminate possible cross connections between the customer's potable water systems and the public water supply and shall disconnect water service to the Customer until the possible cross connection is eliminated as provided in Section 7-4.

Sec. 8-6. Civil Fines.

In addition to criminal penalties as provided by Section 1-6 of the Rules, a person violating this Article is subject to a civil fine of $500.00. The District may also seek injunctive relief and any other relief available to it by law. The District does not waive its right to seek criminal penalties should the District decide to also pursue its civil remedies.


ARTICLE 9: RATES AND SERVICE FEES

Sec. 9-1. Non-Refundable. Unless specifically defined in the Rules, all fees, rates and charges as herein stated shall be non-refundable.

Sec. 9-2. Service Investigation Fee and Preliminary Evaluation of Service Fee.

a. The Service Investigation Fee for water and sewer service is as follows: 1. For applications requesting service for one (1) to ten (10) LUEs, the

Service Investigation Fee is $1000; 2. For applications requesting service for eleven (11) to 250 LUEs, the

Service Investigation Fee is $1500; and 3. For applications requesting service for 251 or more LUEs, the

service investigation fee is $2500 plus any additional cost to the District in terms of administrative, legal, and engineering fees associated with investigation of the District’s ability to deliver service to the Applicant.

b. The Preliminary Evaluation of Service Fee shall be $100.00 per

application. Amended February 24, 2011. Sec. 9-3. Customer Deposit. At the time the application for Standard Service or Re-Service is approved, or at the time specified in a Non-Standard Service Agreement, if applicable, a Customer Deposit of $50.00 must be paid for each connection to the District’s water or sewer system before water or sewer service shall be provided or reserved for the Applicant by the District. Amended February 19, 2009; Amended February 24, 2011. Sec. 9-4. Costs Associated with Easements. When the District determines that private utility easements and/or facilities sites are necessary to provide service to the Applicant, the Applicant shall be required to secure easements in behalf of the District and/or pay all costs incurred by the District in validating, clearing, and retaining such easements in addition to tap fees otherwise required pursuant to the provisions of the Rules. The costs may include all legal fees and expenses necessary to attempt to secure such easements and/or facilities sites in behalf of the Applicant.


Sec. 9-5. Meter Installation Fee and Sewer Connection Fee. The District shall charge an installation fee for water service as follows:

Meter Size Installation Fee

3/4” $475

1” $830

1 ½” $1330

2” $1500

4” $11,785

6” $17,000

8” $27,000

For meters greater than 8”, the installation fee shall be the cost of the meter plus the actual labor costs to install the meter.

b. The District shall charge a connection fee for sewer service as follows:

Size of Connecting Line Connection Fee

4-inch $ 155.00

6-inch $ 180.00

For connecting lines larger than 6 inches, the connection fee shall be the cost of the materials plus the actual labor costs to install the connection line and connect the facilities to the District’s system. c. For customers with septic systems that have to be filled. d. Applicants may be eligible to receive financial assistance for the Connection Fee. The eligibility requirements may be established by programs administered by the State of Texas, Hidalgo County, or other state and federal agencies. To receive financial assistance under these programs, the Applicant shall submit a complete application to the District, provide the required information to the District, and meet the eligibility requirements. Amended February 19, 2009; Amended February 24, 2011. Sec. 9-6. Impact Fee. In accordance with Article 11 of these rules, each water service applicant for Standard and Non-Standard Service shall pay an impact fee of $1,727.00 per LUE. Amended April 23, 2009; Amended December 22, 2009; Amended June 26, 2014.


Sec. 9-7. Water Rights Acquisition Fee. a. The water rights acquisition fee shall be assessed and collected at the time the customer’s deposit is assessed and collected, or for Non-Standard Service, at or before the execution of the Non-Standard Service Agreement. b. The fee is $1,900.00 per LUE. c. A water rights acquisition fee is not required for Re-Service or for sewer service applications. If an existing Customer is redeveloping his or her property and that redevelopment increases the number of LUEs the District will be required to serve, the calculation of the water rights application fee shall be based on the number of LUEs associated with the redevelopment less the number of LUEs associated with the existing service. d. In lieu of payment of the water rights acquisition fee, the person may transfer to the District the ownership of municipal water rights in accordance with the applicable provisions of Article 3 and Article 5. Amended February 19, 2009; Amended February 24, 2011.. Sec. 9-8. Construction Investigation Fee. For all non-standard service requests, a fee of 5% of the total cost of construction the utilities to be constructed by the applicant shall be collected. The purpose of the fee is to cover the labor costs associated with the inspection of the applicant-installed facilities by the District. Sec. 9-9. Monthly Charges. a. The following are the minimum monthly charge for water service per connection for all residential and commercial customers:

Type of Service Meter Size Minimum/ Base Charge

Lifeline Program Residential 3/4" or 5/8” $13.75

Residential 3/4” or 5/8” $16.53

Commercial 3/4” or 5/8” $32.56

Residential/Commercial 1” $47.84

Residential/Commercial 1 ½” $55.50





For any meters over 8”, the base rate will be that which is provided in the Non-Standard Service Agreement.


b. The following are the water usage rates per connection for all residential and commercial customers:

Lifeline Program Residential Rates for Water Usage

Rate

Tier 1 3,001 – 5,000 gallons $2.15/1000 gallons

Tier 2 5,001 –10,000 gallons $2.36/1000 gallons



Tier 5 50,001 and over gallons $4.55/1000 gallons

The first 3000 gallons of water are included with the minimum monthly charge for the Lifeline Program.

Residential Rates for Water Usage

Rate

Tier 1 1 – 3,000 gallons $2.15/1000 gallons





Commercial Rates for Water Usage

Rate

Tier 1 1-8,000 gallons $3.11/1000 gallons




c. The following are the minimum monthly charge for sewer service per connection for all residential and commercial customers:

Type of Service Meter Size Minimum/ Base Charge

Lifeline Program Residential 3/4" or 5/8” $8.19

Residential 3/4” or 5/8” $10.92 / $8.19

Commercial 3/4” or 5/8” $16.38 / $13.65

Residential/Commercial 1” $13.65 / $19.11

Residential/Commercial 1 ½” $21.84






For any meters over 8”, the base rate will be that which is provided in the Non-Standard Service Agreement.

d. The following are the sewer usage rates per connection for all residential and commercial customers:

1. Sewer service for residential customers shall be billed at $2.531 per one thousand (1,000) gallons based on the "winter average" usage. The "winter average" is calculated every twelve months on the amount of water used from November 16 through February 16. For new customers, for which there is no winter averaging information, the customer shall be billed based on actual water usage per month, or 10,000 gallons of water usage per month, whichever is less.

2. Sewer service for residential customers qualifying for the lifeline program shall be billed at $2.531 per one thousand (1,000) gallons based on the "winter average" usage. The "winter average" is calculated every twelve months on the amount of water used from November 16 through February 16. For new customers, for which there is no winter averaging information, the customer shall be billed based on actual water usage per month, or 10,000 gallons of water usage per month, whichever is less.

3. The sewer service charge for all commercial customers shall be $2.731 per one thousand (1,000) gallons of water used per month for each and every month with no "winter averaging".

Amended February 19, 2009; Amended February 24, 2011, Amended May 12, 2011; Amended March 8, 2012, Amended December 12, 2013 Sec. 9-10. Late Payment Fee. Once per billing period, a penalty of $5.00 will be added to the customer’s bill automatically on delinquent bills. This late payment penalty shall be added to any balance to which the penalty was applied in a previous billing, but shall be applied to any unpaid balance during the current billing period. Amended February 19, 2009. Sec. 9-11. Returned Check Fee. In the event a check, draft, or any other similar instrument is given by a person, firm, District, or partnership to the District for payment of services provided for in the Rules, and the instrument is returned by the bank or other similar institution as insufficient or non-negotiable for any reason, the account for which the instrument was issued shall be assessed in return check charge of $25.00.


Sec. 9-12. Meter Lock Fee. The District shall assess a meter lock fee of $25.00 against a Customer at the time the District determines service to the Customer must be disconnected for any reason provided in the Rules, including but not limited to disconnection of service for non-payment. Payment of this fee is required even if, prior to the physical disconnection of the service, the Customer has made payment for service or otherwise corrected the problem requiring disconnection. Once the meter lock fee has been assessed, full payment of the past due amount, other fees, such as any late payment penalty, and the meter lock fee are due to the District. If service has been disconnected for non-payment or other reason, and the Customer requests that the District remove the lock on the meter after business hours (after 5:00 p.m. on weekdays, or on Saturday, Sunday, or a District holiday), the meter lock fee shall be $50.00. Amended January 23, 2014 Sec. 9-13. Service Trip Fee. The District shall charge a trip fee of $5.00 for any service call or trip to the Customer’s tap as a result of a request by the Customer or resident (unless the service call is in response to damage of the District’s or another Customer’s facilities). Sec. 9-14. Equipment Damage Fee. In addition to any fines or penalties that may be assessed, the District shall charge an equipment damage fee as follows: a. If the District’s facilities or equipment have been damaged by tampering, by-passing, installing unauthorized taps, reconnection service without authority, or other service diversion, a fee shall be charged equal to the actual costs for all labor, material, and equipment necessary for repair, replacement, and other District actions. This fee shall be charged and paid before service is re-established. b. If the District’s equipment has not been damaged, a fee equal to the actual costs for all labor, material, equipment, and other actions necessary to correct service diversions, unauthorized taps, or reconnection of service without authority shall be charged. All components of this fee will be itemized, and a statement shall be provided to the Customer. c. If the District’s facilities or equipment have been damaged due to negligence or unauthorized use of the District’s equipment, right of way, or meter shut-off valve, or due to other acts for which the District incurs losses or damages, the Customer shall be liable for all labor and material charges incurred as a result of said acts or negligence.


Sec. 9-15. Customer History Report Fee. A fee of $2.00 shall be charged to provide a copy of the Customer’s record of past water purchased in response to a Customer’s request for such a record. Sec. 9-16. Meter Test Fee. The District shall test a customer’s meter upon written request of the customer. In accordance with Section 7-9 of the Rules, a charge of $25.00 shall be imposed on the affected account plus any additional actual costs for tests that are required to be sent out of state. Sec. 9-17. Service Inspection Fee. A fee of $20.00 will be charged to a customer for inspection of plumbing. Sec. 9-18. Regulatory Assessment Fee (TWC Fee or TCEQ Fee). A regulatory assessment equal to ½ of one percent of the monthly charges for retail water service will be assessed against each retail customer. Sec. 9-19. Voluntary Meter Lock Fee. A fee of $15.00 shall be assessed upon receipt of a written request by a Customer to lock the Customer’s meter. Such a request does not constitute cancellation of service as provided by Section 7-4.a. of the Rules; provided, however, the Customer shall continue to pay the Minimum Monthly Charges. Sec. 9-20. Relocation of Meter Fee. A fee $250.00 will be charged to a Customer for the relocation of a meter as provided by Section 7-11 of the Rules. Sec. 9-21. Fee for Water Re-Service. a. Each applicant requesting water service at a location which has previously received water service, which has an existing meter, the fee for reestablishing service shall be $30.00. b. Each applicant requesting water service at a location which previously received water service, which has no existing meter, the fee for reestablishing service shall be $130.00. Amended February 24, 2011


Sec. 9-22. Fee for Sewer Re-Service. Each applicant requesting sewer service at a location which has previously received sewer service, and which is currently connected to the District’s sewer system, the fee for reestablishing service shall be $30.00. Amended February 24, 2011. Sec. 9-23. Payment Plan Fee. Each Customer that establishes a Deferred Payment Plan with the District and who signs a Deferred Payment Agreement in accordance with Section 7-1 of the Rules shall pay the District a $10.00 fee for the establishment of the Plan. Customers requesting a new service connection who entered into a Deferred Payment Plan for New Service Connections are not required to pay the $10.00 fee. Sec. 9-24. Credit Card Processing Fee. A fee equal to 5% of the bill will be charged to a Customer or Customer that pays his or her bill with a credit card. Sec. 9-25. Pro Rata Reimbursement Fee The pro rata reimbursement fee is the per linear foot cost of the facility installed by the original Applicant multiplied by the number of linear feet across the frontage of the property of the applicant requesting to connect to the facility. The per-linear-foot cost is determined by the Board of Directors for each pro rata reimbursement facility. Pro rata reimbursement fees shall be collected at the time of application for water and sewer service or the execution of a non-standard service agreement. Added December 22, 2009. Sec. 9-26. Boring Fee. The Applicant shall pay a boring fee if the District or its designated contractor must bore a highway, driveway, road, street, or alley in order to provide service to the Applicant. In cases where service may be provided to the customer with a service line that is two (2) inches or less in diameter, and where the width of the highway, driveway, road, street, or ally is less than 50 feet, the boring fee shall be $15.00 per linear foot of the bore. In cases where service to the Applicant requires a service line greater than two (2) inches in diameter, or the highway, driveway, road, street, or alley is 50 feet or greater in width, the Applicant shall pay Agua SUD its actual costs to bore the highway, driveway, road, street, or alley. Added February 24, 2011.


ARTICLE 10: DROUGHT CONTINGENCY PLAN REGULATORY REQUIREMENTS

Article 10 Amended April 24, 2014 Sec. 10-1. Purpose. The purpose of the District’s Drought Contingency Plan is protect the District’s water supply, treatment, and delivery system by encouraging and, at times, requiring the District’s customers to conserve water during periods of drought, abnormal water usage, system contamination, or equipment failures, repairs or maintenance. Sec. 10-2 Notice; Implementation and Termination of Water Use Restrictions. a. Notice. The District will notify its customers and the public of the implementation or termination of each stage of the water use restrictions as soon as practicable by posting notice on the District’s website, and posting one or more signs at the District’s offices. The District may also provide additional notifications by informing the local media outlets, posting additional signs in public areas within the District, including notices in billings, and implementing other measures as the District Manager determines is appropriate. b. The District Manager shall implement or terminate each stage of the water use restrictions when the respective trigger levels are met. c. Upon the termination of each stage of water use restrictions, the District Manager shall order the implementation of the applicable water use restriction stage, depending on the trigger levels, or shall terminate mandatory water use restrictions if appropriate.

Sec. 10-3. Violations of the Drought Contingency Plan. a. Upon the implementation of any of the mandatory stages of the drought contingency plan, each Customer shall comply with the requirements and restrictions imposed during the drought stage. b. Failure to comply with the requirements and restrictions of any of the mandatory stages of the drought contingency plan shall result in the following civil penalties: 1. For the first violation, the customer will be notified by written notice of their specific violation. 2. For the second violation, after written notice of the violation, the customer shall be assessed civil fine of $100.00.


3. For the third violation, after written notice of the violation, the customer shall be assessed a civil fine of $250.00. 4. For the fourth and subsequent violations, after written notice of the violation, the customer shall be assessed a civil fine of $500.00. The District shall also discontinue service at the meter. The District shall reconnect service if the following conditions are met: (1) seven (7) days have elapsed since the date of disconnection; (2) the Customer has paid the civil fine of $500.00; and (3) the Customer has paid all reconnection fees. c. The District does not waive its right to seek criminal penalties in addition to its civil remedies. Sec. 10-4. Variances. The District may grant any customer an exemption or variance from the drought contingency plan for good cause upon written request. The District will treat all customers equally concerning exemptions and variances, and shall not discriminate in granting exemptions and variances. No exemption or variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Sec. 10-5. Response Stages and Use Restrictions. a. For purposes of the implementing landscape irrigation restrictions in any of the stages of the District’s drought plan, the District is divided accordingly: 1. The Green Watering Zone No. 1 includes customers south of Expressway 83 from west of Inspiration Road into Starr County. 2. The Yellow Watering Zone No. 2 includes customers north of Expressway 83, south of 3 Mile Line from west of Inspiration Road into Starr County. 3. The Red Watering Zone No. 3 includes customers north of 3 Mile Line, south of 8 Mile Line from West of Bentsen Palm Dr. into Starr County. A copy of the map identifying the different zones is available for review at the District’s offices or on the District’s website. b. Voluntary Water Conservation Measures. 1. The District, in an effort to conserve water resources, will promote voluntary water conservation measures year-round. 2. Voluntary Water Use Practices.


A. Water customers are requested to voluntarily limit the irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems. B. Customers are requested, where practicable, to limit outdoor water use and landscape irrigation to: i. Mondays and Thursdays for water customers in Green Watering Zone No. 1; ii. Tuesdays and Fridays for water customers in Yellow Watering Zone No. 2; and iii. Wednesdays and Saturdays for water customers Red Watering Zone No. 3. C. Water customers are requested to voluntarily limit irrigation of landscaped areas hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. D. Water customers are requested to avoid activities that waste water or that allows water to leave the customers property, such as water running down the gutter. c. Stage 1 - Mandatory Water Use Restrictions. 1. The District Manager shall implement Stage 1 mandatory water use restrictions when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is equal to or less than 40 percent storage capacity, any of the drinking water treatment plants are operating at or above 65% of their total daily capacity for 3 or more consecutive days, or the water system’s pumps are operating at or above 65% of their total daily capacity for 3 or more consecutive days. 2. Requirements for Termination: Stage 1 will end when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is greater than 40% storage capacity for a period of 60 consecutive days, or when the drinking water treatment plants or the water system’s pumps are operating at less than 65% capacity for a period of three (3) consecutive days. 3. Mandatory Water Use Restrictions: The following water use restrictions shall apply to all customers: A. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to: i. Mondays and Thursdays for water customers in Green Watering Zone No. 1;


ii. Tuesdays and Fridays for water customers in Yellow Watering Zone No. 2; and iii. Wednesdays and Saturdays for water customers Red Watering Zone No. 3. B. Irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or drip irrigation system. C. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. D. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or “jacuzzi” type pool is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. E. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. F. Use of water from hydrants or flush valves shall be limited to maintaining the public health, safety, and welfare. G. Use of water for the irrigation of golf courses, parks, and green belt area is prohibited except by hand-held hose and only on designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. 4. The following uses of water are defined as nonessential and are prohibited: A. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;


B. use of water to wash down buildings or structures for purposes other than immediate fire protection; C. use of water for dust control; D. flushing gutters or permitting water to run or accumulate in any gutter or street; E. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and F. any waste of water. d. Stage 2 – Mandatory Water Use Restrictions. 1. The District Manager will implement Stage 2 mandatory water use restrictions when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is equal to or less than 30 percent storage capacity, any of the drinking water treatment plants are operating at or above 75% of their total daily capacity for 3 or more consecutive days, or the water system’s pumps are operating at or above 75% of their total daily capacity for 3 or more consecutive days. 2. Requirements for Termination: Stage 2 will end when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is greater than 30% storage capacity for a period of 30 consecutive days, or when the drinking water treatment plants or the water system’s pumps are operating at less than 75% capacity for a period of three (3) consecutive days. 3. Mandatory Water Use Restrictions: The following water use restrictions shall apply to all customers: A. Irrigation of landscaped areas with a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or drip irrigation system shall be limited to: i. Mondays and Thursdays for water customers in Green Watering Zone No. 1; ii. Tuesdays and Fridays for water customers in Yellow Watering Zone No. 2; and iii. Wednesdays and Saturdays for water customers Red Watering Zone No. 3.


B. Irrigation of landscaped areas is further limited to between the hours of 8:00 p.m. and 12:00 midnight on designated watering days. Landscape irrigation by means of hose-end sprinklers or automated sprinkler systems is prohibited at any time. C. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days between the hours of 8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. D. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or “jacuzzi” type pool is prohibited except on designated watering days between the hours of 8:00 p.m. and 12:00 midnight. E. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. F. Use of water from hydrants or flush valves shall be limited to maintaining public health, safety, and welfare. G. Use of water for the irrigation of golf courses, parks, and green belt area is prohibited unless the golf course utilizes a water source other than that of the District. 4. The following uses of water are defined as nonessential and are prohibited: 1. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; 2. use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street; 5. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and


6. any waste of water. e. Stage 3 - Mandatory Water Use Restrictions. 1. The District Manager will implement Stage 3 mandatory water use restrictions when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is equal to or less than 25 percent storage capacity, any of the drinking water treatment plants are operating at or above 85% of their total daily capacity for 3 or more consecutive days, or the water system’s pumps are operating at or above 85% of their total daily capacity for 3 or more consecutive days. 2. Requirements for Termination: Stage 3 will end when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is greater than 25% storage capacity for a period of 30 consecutive days, or when the drinking water treatment plants or the water system’s pumps are operating at less than 85% capacity for a period of three (3) consecutive days. 3. Mandatory Water Use Restrictions: The following water use restrictions shall apply to all customers: A. Irrigation of landscaped areas with a hand-held hose, a faucet-filled bucket or watering can of five (5) gallons or less, or drip irrigation system shall be limited to: i. Mondays for water customers in Green Watering Zone No. 1; ii. Wednesdays for water customers in Yellow Watering Zone No. 2; and iii. Fridays for water customers Red Watering Zone No. 3. B. Irrigation of landscaped areas is further limited to between the hours of 8:00 p.m. and 12:00 midnight on designated watering days. Landscape irrigation by means of hose-end sprinklers or automated sprinkler systems is prohibited at any time. C. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. D. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or “jacuzzi” type pool is prohibited.


E. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. F. Use of water from hydrants or flush valves shall be limited to maintaining public health, safety, and welfare. G. Use of water for the irrigation of golf courses, parks, and green belt area is prohibited unless the golf course utilizes a water source other than that of the District. 4. The following uses of water are defined as nonessential and are prohibited: A. wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; B. use of water to wash down buildings or structures for purposes other than immediate fire protection; C. use of water for dust control; D. flushing gutters or permitting water to run or accumulate in any gutter or street; E. failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and F. any waste of water. 5. No applications for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved. f. Stage 4 - Emergency Mandatory Water Use Restrictions. 1. The District Manager will implement Stage 4 emergency mandatory water use restrictions when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is equal to or less than 20 percent storage capacity, any of the drinking water treatment plants are operating at or above 90% of their total daily capacity for 24 consecutive hours, or the water system’s pumps are operating at or above 90% of their total daily capacity for 24 consecutive hours. The District Manager may implement Stage 4 emergency mandatory water use restrictions if an immediate reduction of water use is required to protect the public health and safety and/or the integrity of the District water system.


2. Requirements for Termination: Stage 4 will end when the combined storage of the U.S. combined ownership at Amistad/Falcon Reservoirs is greater than 20% storage capacity for a period of 30 consecutive days, or when the drinking water treatment plants or the water system’s pumps are operating at less than 90% capacity for a period of three (3) consecutive days. If the District has implemented Stage 4 of the Plan because immediate reduction in water use is required to protect public health and safety, the District may terminate Stage 4 when the threat to public health and safety no longer exists. 3. Mandatory Water Use Restrictions: The following water use restrictions shall apply to all customers and are prohibited: A. Irrigation of landscaped areas; B. All outdoor use of water; C. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; D. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or “jacuzzi” type pool; E. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system; F. Use of water from hydrants or flush valves, except when necessary to maintain public health, safety, and welfare; G. Use of water for the irrigation of golf courses, parks, and green belt area is prohibited unless the golf course utilizes a water source other than that of District; H. Use of water to wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; I. Use of water to wash down buildings or structures for purposes other than immediate fire protection; J. Use of water for dust control; K. Flushing gutters or permitting water to run or accumulate in any gutter or street; L. Failing to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and


M. any waste of water. 4. No applications for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be allowed or approved. Amended January 12, 2012; April 24, 2014.


ARTICLE 11. WATER IMPACT FEES Article 11 Added December 22, 2009. Sec. 11-1. Short Title. This article shall be known and cited as the District Impact Fee Regulations. Sec. 11-2. Purpose. This article is intended to assure the provision of adequate public facilities to serve new development in the District by requiring each development to pay its share of the costs of such improvements necessitated by and attributable to such new development. Sec. 11-3. Authority. This article is adopted pursuant to V.T.C.A., Local Government Code ch. 395. The provisions of this article shall not be construed to limit the power of the District to utilize other methods authorized under state law or pursuant to other District powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this article. Guidelines may be developed by order, resolution, or otherwise to implement and administer this article. Sec. 11-4. Definitions. Assessment means the determination of the amount of the impact fee per living unit equivalent which can be imposed on new development pursuant to this article. Capital improvement means either a water facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the District. Capital improvements advisory committee means the representatives as may be appointed by District from time to time to fulfill the composition requirements mandated by V.T.C.A., Local Government Code § 395.058. District means the Agua Special Utility District, Texas. Credit means the amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. Final plat approval or approval of a final plat means the point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the county.


Impact fee means either a fee for water facilities imposed on new development by the District pursuant to this article in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements, or water rights acquisition fees imposed pursuant to the District's regulations, nor do impact fees include fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water mains, or pro rata fees for reimbursement of the costs for extending water mains. Impact fees also do not include charges for water services to a wholesale customer such as a water district, political subdivision of the state, or other wholesale utility customer. Impact fee capital improvements plan means either a water improvements plan adopted or revised pursuant to these impact fee regulations. Land use assumptions means the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the District, as may be amended from time to time, upon which the impact fee capital improvements plans are based. New development means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of the use of land, any of which increases the number of living unit equivalents associated with the project or property. Conversion by a property owner from the use of a water well to supply water to the property to use of the District’s public water supply system to supply water to the property shall be considered new development under these Rules. Offset means the amount of the reduction of an impact fee designed to fairly reflect the value of system facilities pursuant to rules herein established or Board-approved administrative guidelines, provided by a developer pursuant to these regulations or requirements. Plat has the meaning given the term in the subdivision regulations of Hidalgo County or of the City in whose jurisdiction the subdivision is located. "Plat" includes replat. Property owner means any person, corporation, legal entity or agent thereof having a legal or equitable interest in the land for which an impact fee becomes due. "Property owner" includes the developer for the new development. Recoupment means the imposition of an impact fee to reimburse the District for capital improvements which the District has previously oversized to serve new development. Service area means the District’s water service area as described by the District’s water certificate of convenience and necessity and is identified in the District’s Impact Fee Study, within which impact fees for capital improvements or facility expansion may be


collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the type of capital improvements plan applicable to the service area. Site-related facility means an improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water facilities to serve the new development, and which is not included in the impact fees capital improvements plan and for which the developer or property owner is solely responsible under the District’s regulations. System facility means a capital improvement or facility expansion which is designated in the impact fee capital improvements plan and which is not a site-related facility. System facility may include a capital improvement which is located offsite, or within or on the perimeter of the development site. Water facility means a water transmission line or main, pump station, storage tank, water supply facility, treatment facility or other facility included within and comprising an integral component of the District's water storage or distribution system. Water facility includes land, easements or structures associated with such facilities. Water facility excludes site-related facilities. Water facility expansion or facility expansion means the expansion of the capacity or extension of any existing water facility for the purpose of serving new development, but does not include the repair, maintenance, modernization, or expansion of an existing water improvement to serve existing development. Water improvements plan means the adopted capital improvements plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, for a period not to exceed ten years, and which are to be financed in whole or in part through the imposition of water facilities impact fees pursuant to this article. Water meter means a device for measuring the flow of water to a development, whether for domestic or for irrigation purposes. Exhibit 1 is the Impact Fee Study, which contains the adopted land use assumptions and the water capital improvement plan, and the impact fee calculation, and is adopted by reference. Amended February 24, 2011.


Sec. 11-5. Applicability. The provisions of this article concerning water impact fees apply to all new, non-exempt development within the boundaries of the District. The provisions of this article apply uniformly within water service areas. Sec. 11-6. Impact Fee as Condition of Water Service. No application for water service shall be approved by the District without assessment of an impact fee pursuant to this article, unless the applicant is exempt, has paid the impact fee imposed by and calculated in accordance with this article, or the applicant and District have entered into a written agreement that authorizes a different time and/or method of payment. Sec. 11-7. Assessment of Impact Fees. a. The impact fee shall be assessed at the time written application is made for the Standard Service, or upon the adoption of the resolution of the Board adopted under section 5-2 of these rules indicating the District’s ability to provide service and identifying the estimated costs to the developer for the District to provide water service to the property for the following: 1. For new development which has received a final plat prior to the effective date of the order from which this section derives, and for which no impact fees or front-end capital contributions have been paid, and no valid building permit has been issued on or before the one year anniversary of the effective date of the order from which this section derives; and 2. For new development for which service has been requested from the District on or after the effective date of the order from which this section derives. b. Following assessment of the impact fee pursuant to subsection a., the amount of the impact fee assessment per living unit equivalent for that development cannot be increased, unless the owner proposes to change the development in such way that the number of living unit equivalents to be served by the water system increases and a new application for water service is required or the owner fails to meet the requirements of the non-standard service agreement in the time period provided in the non-standard service agreement. Sec. 11-8. Computation of Impact Fee; Payment and Collection of Impact Fees. a. Impact fees shall be collected at the time a written application for Standard Service is filed with the District or on or before the execution of a non-standard service agreement between the District and the Applicant.


b. The District shall compute the impact fees for the new development in the following manner: 1. The number of living unit equivalents shall be calculated as provided in Section 1-2 of these rules under the definition of “Living Unit Equivalent.” 2. The amount of each impact fee shall be determined by multiplying the number of living unit equivalents generated by the new development by the impact fee per living unit equivalent. If an existing Customer is redeveloping his or her property and that redevelopment increases the number of LUEs the District will be required to serve, the number of LUEs for purposes of calculating the impact fee shall be based on the number of LUEs associated with the redevelopment less the number of LUEs associated with the existing service. 3. The amount of each impact fee shall be reduced by any allowable offsets or credits for that category of capital improvements, in the manner provided in section 11-10. 4. The total amount of the impact fees for the new development shall be calculated and attached to the development application or request for connection as a condition of approval. c. The amount of each impact fee for a new development shall not exceed an amount computed by multiplying the impact fee by the number of living unit equivalents generated by the development. d. Whenever the property owner proposes to increase the number of living unit equivalents for a development, the additional impact fees collected for such new living unit equivalents shall be determined as provided in this section, and such additional fee shall be collected at the times prescribe in an amended or new non-standard service agreement. e. Notwithstanding other provisions of this section, the impact fee provided for in this article may not be collected for the following: 1. a new development which was platted prior to the effective date of these regulations and for which a building permit was issued prior to such effective date or within one year thereof; provided that a building permit that expires or is withdrawn for such development shall be subject to collection of impact fees in accordance with this section. A copy of the building permit must be presented to the District at the time the application is filed with the District to be exempt from the requirements of this article; 2. a new development for which the property owners executed a non-standard service agreement with the District prior to the effective date of this article; and


3. a new development for which the District has already collected front-end capital contributions or impact fees and which is not proposing to increase the number of living unit equivalents for the development. Amended February 24, 2011. Sec. 11-9. Agreement for Capital Improvements. An owner of a new development may construct or finance a capital improvement or facility expansion designated in the impact fee capital improvements plan, if required or authorized by the District, by entering into a non-standard service agreement with the District in accordance with these regulations. The agreement shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement be designed and completed to District standards and such other terms and conditions as deemed necessary by the District. The agreement shall establish the amount of the offset or credit to be given against impact fees due for the development in accordance with section 11-10. Sec. 11-10. Offsets and Credits Against Impact Fees. a. If the District enters into an non-standard service agreement with a developer that provides that the developer will construct, fund, or otherwise contribute towards the cost of a capital improvement or facility expansion included in the adopted water capital improvements plan, the District shall provide for reimbursement in the form of credits against impact fees that would otherwise be due from the development. b. All offsets or credits against impact fees shall be based upon standards promulgated by the District, which may be adopted as administrative guidelines, including the following standards: 1. No offset or credit shall be given for the dedication or construction of facilities within the new development and that are intended to serve only the new development. 2. No offset or credit shall be given for an oversized facility which is not identified within the applicable impact fees capital improvements plan, unless the District agrees that such improvement supplies capacity to new developments other than the development paying the impact fee and provisions for offsets or credits are incorporated in an agreement for capital improvements pursuant to section 11-9. 3. In no event will the District reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to these impact fee regulations or for any amount exceeding the total impact fees due for the development for that category of capital improvements.


4. The District may participate in the costs of a system improvement to be dedicated to the District, including costs that exceed the amount of the impact fees due for the development for that category of capital improvements, in accordance with policies and rules established under the District's regulations. The amount of any offset shall not include the amount of the District's participation. 5. The total amount of the offset or credit the Applicant may receive shall be estimated by the Board of Directors and provided for in the non-standard service agreement. The estimated offset shall be applied to the payment of the impact fee at the time the Applicant is required to pay the impact fees under the non-standard service agreement. At the time the District accepts the facilities, the Applicant shall submit invoices and other requested information to the District so that the District may determine the total cost of the capital improvement plan facilities constructed by the Applicant. If the total cost of the capital improvement plan facilities constructed by the Applicant is greater than the estimated offset, the District shall provide a credit for the difference between estimated offset and the total cost of the facilities up to the total amount of impact fees due. If the total cost of the capital improvement plan facilities constructed by the Applicant is less than the estimated offset, the Applicant shall pay for the difference between the estimated offset and the total cost of the facilities. The District and the Applicant may agree in writing to an alternative time to apply the offset or credit, or method of determining the amount of the offset or credit than that which is provided in this section. 6. The total cost of the capital improvement plan facility may include the construction contract price, surveying and engineering fees, and land acquisition costs. Sec. 11-11. Refunds. a. Upon application, any impact fee or portion thereof collected pursuant to these regulations, which has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in V.T.C.A., Finance Code § 302.002, or its successor statute. The application for refund pursuant to this section shall be submitted within 60 days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first out basis. b. An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for capital improvements or facility expansion authorized in section 11-14 within the service area within ten years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period.


c. Upon application, any impact fee or portion thereof collected pursuant to these regulations shall be refunded if: 1. Existing service is available, the Applicant is a qualified service applicant, and service is denied; 2. Service was not available when the fee was collected and the District committed in writing to construct the capital improvement plan facilities necessary to serve the development, but has failed to commence construction of facilities to provide service within two years of fee payment; 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment; or 4. If a tract of land for which an impact fee has been paid is replatted, resulting in a reduction in the number of living unit equivalents, and the new impact fee to be collected is less than that paid, the District shall refund the difference, provided that water meters to serve the development have not been installed. d. If a refund is due pursuant to subsections a., b. or c., the District shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of living unit equivalents assumed within the service area for the period to determine the refund due per living unit equivalent. The refund to the record owner shall be calculated by multiplying the refund due per living unit equivalent by the number of living unit equivalents for the development for which the fee was paid, and interest due shall be calculated upon that amount. Sec. 11-12. Appeals and Relief Procedures. a. The property owner or applicant for new development may appeal the following administrative decisions to the District Board: 1. The applicability of an impact fee to the development; 2. The amount of the impact fee due; 3. The availability, the amount, or the expiration of an offset or credit; 4. The application of an offset or credit against an impact fee due; 5. The amount of the impact fee in proportion to the benefit received by the new development; or 6. The amount of a refund due, if any.


b. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining offsets or credits. c. The appellant must file a written notice of appeal with the District within 30 days following the decision. If the notice of appeal is accompanied by a payment or other security satisfactory to the District attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending. d. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the District Board to determine whether any duty required by this article has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within 60 days of the request. If the District Board determines that the duty is required pursuant to the order and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion. This subsection is not applicable to matters which may be appealed pursuant to a. of this section. e. The District Board may grant a variance from any requirement of this article, upon written request by a developer or owner of property subject to the order, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. Sec. 11-13. Establishment of Accounts. a. The District's finance department shall establish an interest-bearing account clearly identified as the Water Impact Fee account. Each water impact fee collected within the service area shall be deposited in such account. b. Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in section 11-14. c. The District's finance department shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 11-14. Disbursement of funds shall be authorized by the District at such times are reasonably necessary to carry out the purposes and intent of this article; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten years from the date the fee is deposited into the account.


d. The District's finance department shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each service area. The records of the account into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The District may establish a fee for copying services. e. The finance department shall maintain and keep adequate financial records for said account which shall show the source and disbursement of all funds placed in or expended by such account. Sec. 11-14. Use of Proceeds of Impact Fee Accounts. a. The impact fees collected pursuant to these regulations may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the approved capital improvements plan for the service area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the District to finance such capital improvements or facility expansions. Impact fees also may be used to pay fees actually contracted to be paid to an independent qualified engineer or financial consultant for preparation of or updating the impact fee capital improvements plan. b. Impact fees collected pursuant to this article shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified in the applicable capital improvements plan; 2. Repair, operation, or maintenance of existing or new capital improvements or facility expansion; 3. Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; 4. Upgrade, expansion, or replacement of existing capital improvements to serve existing development to meet stricter safety, efficiency, environmental, or regulatory standards; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or 5. Administrative and operating costs of the District.


Sec. 11-15. Updates to Plans and Revision of Fees. a. The District shall update its land use assumptions and capital improvements plans at least every five years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in V.T.C.A., Local Government Code ch. 395, or in any successor statute. If, at the time an update is required pursuant to subsection a., the District Board determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in V.T.C.A., Local Government Code § 395.0575. b. The District may review its land use assumptions, impact fees, capital improvements plans and other factors such as market conditions more frequently than provided in subsection a. to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly. Sec. 11-16. Capital Improvements Advisory Committee. a. The capital improvements advisory committee shall consist of no fewer than five (5) members who are residents in the District. Employees and officials may be members of the capital improvements advisory committee. Not less than forty (40) percent of the membership of the capital improvements advisory committee must be representatives of the real estate, development, or building industries who are not employees or officials of the District. The members of the capital improvements advisory committee shall be appointed by the Board of Directors for a term of two (2) years, or until their successors are appointed. Vacancies on the capital improvements advisory committee shall be filled for the unexpired term by the Board of Directors. The capital improvements advisory committee shall select a Chairperson, and a majority of the appointed members shall constitute a quorum for the transaction of business. b. The capital improvements advisory committee shall perform the following functions: 1. Advise and assist the District in adopting land use assumptions; 2. Review the capital improvements plans and file written comments on impact fees; 3. Monitor and evaluate implementation of the capital improvements plans; 4. Advise the District of the need to update or revise the land use assumptions, capital improvements plans and impact fees; and


5. File a semiannual report evaluating the progress of the capital improvements plans and identifying perceived inequities in implementing the plans or administering the impact fees. c. The District shall make available to the capital improvements advisory committee any professional reports prepared in the development or implementation of the capital improvements plans. d. The capital improvements advisory committee shall follow the procedural rules applicable to the District’s Board of Directors in carrying out its duties and any procedural requirements described in V.T.C.A., Local Government Code ch. 395 applicable to the committee. e. The capital improvements advisory committee shall comply with the Texas Open Meetings Act. Sec. 11-17. Use of Other Financing Mechanisms. a. The District may finance capital improvements or facility expansions designated in the capital improvements plan through the issuance of bonds, through the formation of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. b. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. c. The District Board may decide that the District shall pay all or a part of impact fees due for a new development pursuant to duly adopted criteria. Sec. 11-18. Impact Fee as Additional and Supplemental Regulation. Impact fees established by these regulations are additional and supplemental to, and not in substitution of, any other requirements imposed by the District related to the provision of water service. Sec. 11-19. Water Service Area. a. There is hereby established a water service area constituting land within the District’s water certificate of convenience and necessity as it existed on the Effective Date of this article. b. The boundaries of the water service area may be amended from time to time pursuant to the procedures in V.T.C.A., Local Government Code ch. 395.


Sec. 11-20. Land Use Assumptions. The land use assumptions for the District in the April 7, 2014 Land Use Assumption Report Exhibit 1 attached to the order from which this article derives and incorporated by reference herein are hereby adopted. Amended April 10, 2014. Sec. 11-21. Water Capital Improvements Plans. a. The capital improvements plans for water for the District in the April 17, 2014 Capital Improvements Plan Exhibit 2 attached to the order from which this article derives and incorporated by reference herein are hereby adopted. b. The water improvements plan may be amended from time to time, pursuant to the procedures in V.T.C.A., Local Government Code ch. 395. Amended April 10, 2014. Sec. 11-22. Water Impact Fees. a. The maximum water impact fee per living unit equivalent as determined by the impact fee study is $1,727.00. The District may amend the amount of the charged impact fee provided in section 9-6 up to the maximum water impact fee. b. The water impact fee per LUE to be charged is provided in section 9-6 of these rules. c. The impact fees per LUE for water facilities may be amended from time to time, pursuant to the procedures in V.T.C.A., Local Government Code ch. 395. Amended June 26, 2014.


ARTICLE 12. ON-SITE SEWAGE DISPOSAL SYSTEMS Article Added June 24, 2010 Sec. 12-1. Area of Jurisdiction. This Article shall apply to all the areas lying within the boundaries of the Agua Special Utility District located within Hidalgo County, but does not apply to any of the areas within the District that are within the incorporated areas of any municipality that is wholly or partially located within the District. The areas to which this Article applies shall be referred to as the “Jurisdictional Area” for purposes of this Article. Sec. 12-2. OSSF Requirements. a. Any permit issued for an on-site sewage facility (OSSF) within the jurisdictional area of the District shall comply with this Article. b. Chapter 285, Subchapters A and G of Title 30 of the Texas Administrative Code and the rules of Hidalgo County, Texas relating to on-site sewage facilities and all future amendments and revisions thereto, and are hereby adopted and incorporated by reference and are thus made a part of the Rules of the District. c. All Texas Water Development Board statutes, rules and regulations now or hereafter applicable to an economically distressed area shall apply to permitting associated with on-site sewage facilities. d. A permit shall be required for all OSSFs located within Jurisdictional Area regardless of the size of the tract to be served by the facility. Pursuant to the Interlocal Agreement between the District and Hidalgo County incorporated into this Article under section 12-3, an applicant shall apply to the County for all required permits necessary to comply with the requirements of this Article. e. Prior to the issuance of a permit, and in order to ensure floodplain issues are properly addressed, an applicant for an OSSF must obtain determination from the Hidalgo County Floodplain Administrator that the tract to be serviced by the OSSF is in compliance with the Hidalgo County Flood Damage Prevention Order. f. An applicant is required to insure that all persons and/or entities retained by the applicant to install an OSSF on the applicant’s tract maintain a copy of their current certificate/registration at the job-site while installation of the OSSF is in progress. g. A re-inspection fee is due to the County on the OSSF each time a re-inspection is required. The re-inspection fee shall be set in accordance with the Interlocal Agreement, as adopted pursuant to section 12-3 of this article, and may be revised from time to time.


h. In no case shall the sewer line diameter for the proposed OSSF be reduced to a size smaller than the sewer stub-out for the improvements to be serviced by the OSSF. i. No personal property, including but not limited to picnic tables, play equipment or BBQ pits shall be placed within the surface application spray area of the OSSF installed on the applicant’s tract. j. All officials and employees of the Agua Special Utility District, and of Hidalgo County, having duties under this Article are authorized to perform such duties as are required of them under this Article. k. An applicant for an OSSF shall obtain from the County an installation permit and a final inspection permit before each phase of inspection. The installation permit and final inspection permit fees shall be set by the County Commissioners Court and the County may revise this fee from time to time. l. The installation permit shall be obtained by the applicant before beginning any development or construction. The homeowner/developer must present to the County the appropriate OSSF site plans and meet all of the OSSF guidelines as required by the District, Hidalgo County and TCEQ. In addition, the homeowner/developer must have approval from the Hidalgo County Planning Department prior to site development before starting construction. In the event of a commercial development, the owner/developer shall obtain a Fire Marshal inspection/approval to assure continuation of the project. The Fire Marshal must be an official representative of the County. The homeowner/developer has one (1) year to construct its OSSF(s) from the date an installation permit is issued by the County. Should construction not be completed and a final inspection conducted by County within one (1) year from the date of the issuance of the installation permit, then the County shall require the homeowner/developer to submit a new application and fee as described herein. m. The final inspection permit shall be obtained when the dwelling/commercial development is completed and the final connections from the dwelling/commercial development to the system are made and confirmed. The final inspection will also consist of a confirmation that the system installed meets the guidelines in accordance to the final square footage of the structure built. In the event that the dwelling/commercial development constructed is larger than initially approved by the County and Hidalgo County Planning Department officials, the homeowner may be required to upgrade the OSSF in order to meet the District, Hidalgo County, and TCEQ requirements. Final approval of the dwelling/commercial development will not be given until the final inspection by the County is completed. n. Upon final inspection, the County’s inspectors must visually confirm that the identified dwelling/commercial development is physically connected to the OSSF. In


addition, the inspector must verify that there is no additional dwelling connected to the single approved system. These inspections are to assure that Hidalgo County’s requirements are met in regards to the “one single family detached dwelling per lot rule.” o. It is the homeowner’s responsibility to ensure that only one officially approved dwelling is connected to the OSSF. Violation of this requirement may lead to an issuance of a citation resulting in fines and additional legal action. p. In the event of a pre-existing building or agricultural site requiring an electrical service, an inspection must be made to assure that there is no additional structure illegally connected to the existing OSSF. q. Regarding multi-family units, i.e., duplex, apartments, etc., the owner/developer shall meet all the District’s, Hidalgo County’s, and TCEQ requirements concerning the OSSF, i.e., tank capacity, length of drain field and the size of lot to be built on. In addition, the owner/developer must meet all the Hidalgo County Planning Department requirements and Hidalgo County Fire Marshall guidelines. Sec. 12-3. Interlocal Agreement with the County.

a. The Interlocal Agreement between Hidalgo County and Agua Special Utility District, attached hereto as Appendix A to this Article, is hereby adopted as rule by reference and incorporated herein and is thus made a part of the Rules of the District. b. Acting on behalf of the District pursuant to the Interlocal Agreement, Hidalgo County is authorized to permit and inspect all OSSFs within the Jurisdictional Area, may charge any and all necessary fees directly to the applicant and the permittee for services rendered on behalf of the District, and may bring enforcement actions against any person or entity that violates this Article. c. All fees collected for permits and/or inspections shall be made payable to the Hidalgo County. A fee of $10 will also be collected for each OSSF permit to be paid to the On-Site Wastewater Treatment Research Council as required by the THSC, Chapter 367. d. Hidalgo County’s designated representative, as required by section 285.2(17) of Title 30 of the Texas Administrative Code, shall be the District’s designated representative. e. On behalf of the District, the County is authorized to enforce this Article and to undertake the activities and enforcement responsibilities required by section 285.71 of Title 30 of the Texas Administrative Code.


Sec. 12-4. Appeals. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the Board of Directors of the Agua Special Utility District.


APPENDIX A TO ARTICLE 12


ARTICLE 13. NON-DOMESTIC AND INDUSTRIAL WASTEWATER Article Added February 24, 2011. Sec. 13-1. Purpose and Policy; Applicability.

a. This Article sets forth uniform requirements for users and customers of the wastewater collection and transportation facilities for the District and enables the District to comply with all applicable State and Federal laws. The objectives of this Article are:

1. To prevent the introduction of pollutants into the District System that will interfere with its operation;

2. To prevent the introduction of pollutants into the District System that will pass-through inadequately treated, into receiving waters, or otherwise be incompatible with the District System;

3. To protect District System personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

4. To promote reuse and recycling of industrial wastewater and sludge from the District System;

5. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the District System; and

6. To enable District to comply with its permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the District is subject.

b. This Article shall apply to all users of the District System. The Article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

Sec. 13-2. Definitions. As used in this article: Act means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.; Authorized Representative means an individual, or for significant industrial users, an individual having responsibility for the overall operation of the facility from which the discharge originates; B.O.D. (Biochemical Oxygen Demand) means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard


laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade; Building sewer (also called the house lateral or house service connection) means the service line extended from the building or structure to the public sewer; CFR means the Code of Federal Regulations; District system means the wastewater treatment works of the District, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to the District’s wastewater treatment plant. For purposes of this Article, the terms “sanitary sewer system” and “District System” may be used interchangeably. C.O.D. (Chemical Oxygen Demand) means measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand; Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer; Control point means point of access to a course of discharge before the discharge mixes with other discharges in the public sewer; EPA means the United States Environmental Protection Agency;

Fats, oils, and greases (FOG) means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases”;

Garbage means animal and vegetable wastes and residue from preparation, cooking and dispensing of food; and from the handling, processing, storage and sale of food products and produce; Generator means any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste; Grease trap or interceptor means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices


also serve to collect settling solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease traps and interceptors are also referred to herein as “grease traps/interceptors.” Grease Trap Waste means material collected in and from a grease trap/interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from dc-watering processes. Indirect Discharge or Discharge means the introduction of pollutants into a District System from any non-domestic source. Industrial waste means waste resulting from any process of industry, manufacturing, trade, or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater; Industrial waste charge means the charge made on those persons who discharge industrial wastes into the District's system. Interference means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the District System, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the District’s TCEQ-issued wastewater discharge permit. Milligrams per liter (mg/l) means the same as parts per million and is actually a weight-to-weight ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water; Natural outlet means any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater; Normal domestic wastewater means wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than two hundred (200) mg/l and BOD is not more than two hundred (200) mg/l; Overload means the imposition of organic or hydraulic loading on a wastewater facilities in excess of its engineered design capacity; Pass-through means a discharge which exits the District System into waters in the state or waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the District, or the District’s TCEQ-issued wastewater discharge permit, including an increase in the magnitude or duration of a violation;


pH means the logarithm (Base 10) of the reciprocal of the hydrogen ion concentration; Public sewer means the main pipe or conduit carrying wastewater in which owners of abutting properties shall have the use, subject to control by the District; Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally passed;

Significant Industrial User means a person subject to a categorical pretreatment standard, or a person that (a) discharges an average of 25,000 gallons or more daily of process wastewater to the District System, excluding sanitary wastewater, non-contact cooling and boiler blow down wastewater; (b) contributes a process waste stream that makes up five per cent or more of the average dry weather hydraulic or organic capacity of the District System; or (c) is designated a significant industrial user by the District based on the user’s potential for adversely affecting the District System’s operation or for violating a pretreatment standard or requirement.

Slug means any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation; Standard methods means the examination and analytical procedures set forth on the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation; Storm sewer means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed; Storm water means rainfall or any other form of precipitation; Superintendent means the District Manager or his duly authorized representative; TAC means the Texas Administrative Code; TCEQ means the Texas Commission on Environmental Quality, and its predecessor and successor agencies;


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 or omissions; Total suspended solids (TSS) means total solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely, removable by physical laboratory filtration; Transporter means a person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 TEXAS

ADMINISTRATIVE CODE § 312.142; Trap is a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful materials; Unpolluted wastewater means water containing: (a) no free or emulsified grease or oil; (b) no acids or alkalis; (c) no phenols or other substances producing taste or odor in the receiving water; (d) no toxic or poisonous substances in suspension, colloidal state, or solution; (e) no noxious or otherwise obnoxious or odorous gases; (f) no significant amount (in mg/l) of suspended solids or BOD, as determined by the Texas Commission on Environmental Quality; and (g) color not exceeding fifty (50) units as measured by the Platinum-Cobalt method of determination as specified in Standard Methods; User means any person, including those located outside the jurisdictional limits of the District, who contributes causes or permits the contribution or discharge of wastewater into the District System, including persons who contribute such wastewater from mobile sources. Waste means rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities; Wastewater or sewer means a combination of the water carried waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and storm water that may be present; Wastewater facilities include all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes; Wastewater treatment plant means any District owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludge from the sanitary sewers;


Wastewater service charge means the charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater; and Watercourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. Sec. 13-3. Administration Except as otherwise provided in this Article, the District Manager, or his/her designee shall administer, implement and enforce the provisions of this Article. Any power granted to or duties imposed upon the District Manager may be delegated by the District Manager to other District personnel. Sec. 13-4. Prohibited Discharges. a. General Prohibitions Against Discharges

No user shall introduce or cause to be introduced into the District System any waste, pollutant, or wastewater that causes a pass-through or interference or that by itself or by interaction with other wastes, pollutants, or wastewater may damage or interfere with wastewater treatment process or facilities, constitute a hazard to the public health or safety, to property, or to the environment, create a hazard in the receiving waters of the wastewater treatment plant effluent, or cause the District to violate its wastewater discharge permit. These general prohibitions apply to all users of the District System whether or not they are subject to categorical pretreatment standards, or any other National, State, or local pretreatment standard or requirement. b. Specifically Prohibited Pollutants

Except as authorized by this Article, a person may not discharge to the District System the following:

1. other waste, as defined in this Article;

2. a flammable or explosive liquid, solid, or gas, and similar substance that could create a fire or explosive hazard in the collection system or any treatment plant and associated facilities, including a waste stream with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade), tested in accordance with 40 CFR § 261.21;

3. a pollutant regulated under a categorical pretreatment standard promulgated by EPA in a concentration or amount exceeding allowable limits;

4. a substance causing heat in the District System at a temperature of 120 degrees Fahrenheit (48.9 degrees Centigrade) or higher, or at a temperature that


inhibits biological activity in District System if the discharge causes interference, or an increase in the temperature of the influent to a treatment plant to 104 degrees Fahrenheit (40 degrees Centigrade) or higher;

5. garbage other than comminuted garbage;

6. wastewater containing a noxious or malodorous liquid, gas, solid, or substance that, independently or interactively creates a public nuisance, or hazard to public health and safety, or prevents entry into the sanitary sewer for maintenance or repair;

7. a pollutant that results in the presence of toxic gases, vapors, or fumes within the District System in a quantity or concentration that creates a danger to public health or safety;

8. an acid, iron pickling wastes, plating solutions whether neutralized or not, alkali, or any substance with a pH value lower than 5.5 or higher than 9.5 standard units, or that corrodes or damages the District System;

9. petroleum oil, non-biodegradable cutting oil, or a product of mineral oil origin in an amount that causes interference or pass-through;

10. waste containing a prohibited pollutant trucked or hauled from its point of origin, except as approved by the District Manager and discharged at points designated by the District Manager in accordance with subsection 13-6.e.;

11. waste removed from a pretreatment facility or private sewage facility, except at discharge points designated by the District Manager;

12. phenol or a similar substance in concentrations that produce odor or taste in the District System's or District System’s receiving waters, if the receiving waters are used as drinking water;

13. wastewater containing radioactive materials in concentrations greater than allowed by current regulations of the Texas Department of Health or other agency of competent jurisdiction;

14. a solid or viscous pollutant in a quantity or concentration that could obstruct the flow in the District System result in a sanitary sewer overflow or interference;

15. a pollutant or oxygen demanding pollutant discharged at a flow rate or concentration that could interfere with the District System, or is not treatable;

16. a pollutant, dye water, vegetable tanning solution, whole blood, or a substance that causes untreatable color in District System effluent;


17. medical wastes, except as authorized by permit;

18. sludge, screenings or other residues from the pretreatment of industrial waste or other prohibited waste, except as authorized by the District Manager;

19. wastewater containing pollutants that cause District System effluent to fail a toxicity test;

20. waste containing detergent, a surface active agent, or a substance that could cause excessive foaming in the District System, or District System effluent;

21. wastewater causing a single meter reading of more than ten percent of the lower explosive limit on an explosion hazard meter;

22. antifreeze or a coolant solution used in a vehicle or motorized equipment;

23. an enzyme, chemical, or other agent that allows fat, oil, grease or a solid to pass-through a pretreatment facility;

24. drainage water;

25. ground water;

26. drainage water or ground water contaminated by a prohibited pollutant, except as specifically authorized in this Article;

27. wastewater with a biochemical oxygen demand (BOD) in excess of 200 mg/l, or a chemical oxygen demand (COD) in excess of 400 mg/l;

28. wastewater containing total suspended solids in excess of 200 mg/l, wastewater containing dissolved solids greater than five hundred (500) mg/l, including but not limited to sodium chloride and sodium sulfate; and dissolved sulfides in excess of 1.0 mg/l;

29. wastewater containing cyanide greater than 1.0 mg/l;

30. wastewater containing fluoride other than that contained in the public water supply;

31. chlorides in concentrations greater than 250 mg/l;

32. wastewater exerting an excessive chlorine requirement to such a degree that any such material received in the composite wastewater treatment facilities exceeds the limits set by the District or the District’s water quality permits for such material;


33. Fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperature between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (zero (0) and sixty-five (65) degrees Centigrade). c. Dilution Prohibited

Except as otherwise provided in this Article, a person shall not increase the use of process water or otherwise dilute a discharge to achieve compliance with a discharge limitation or pretreatment standard.

d. Improper Processing or Storage of Prohibited Waste

1. A person may not process or store prohibited waste in a manner that causes a discharge to the District System of wastewater containing prohibited waste that has not been pretreated.

2. A person may not connect to the District System a hold-haul tank or other tank that is used to store, transport, transfer, or haul liquid waste.

e. Bypass

1. Except as otherwise provided in this Article, a person discharging wastewater containing prohibited waste to the District System may not allow a bypass to occur.

2. A person discharging wastewater containing prohibited waste to the District System may allow a bypass that:

A. complies with pretreatment standards;

B. is for essential maintenance to assure efficient operation of the person's facility; and

C. notice is provided in accordance with subsection 13-9.i.

Sec. 13-5. Pretreatment Standards a. Federal Pretreatment Standards

Except as otherwise provided in this Article, a person shall comply with the categorical pretreatment standards established by 40 CFR Chapter I, Subchapter N, Parts 405-471.


b. State Pretreatment Standards

Except as otherwise provided in this Article, a person shall comply with the pretreatment standards established by the State of Texas. c. Local Pretreatment Standards 1. A person shall not discharge or allow the discharge to the District System of wastewater containing the following individually identified pollutants in concentrations, solution, or suspension that exceed the following limits:

Metal Average

In mg/l

Daily Composite in mg/l

Sample in mg/l

Grab in mg/l

Arsenic 0.1 0.2 0.3

Barium 1.0 2.0 4.0

Cadmium 0.05 0.1 0.2

Chromium 0.5 1.0 5.0

Copper 0.5 1.0 2.0

Lead 0.5 1.0 1.5

Manganese 1.0 2.0 3.0

Mercury 0.005 0.005 0.01

Nickel 1.0 2.0 3.0

Selenium 0.05 0.1 0.2

Silver 0.05 0.1 0.2

Zinc 1.0 2.0 6.0

2. No hazardous metals or toxic materials may be discharged into the District System, other than types and concentrations allowed in subsection c.(1) of this section, without a permit from the District specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions. Prohibited hazardous materials include but are not limited to: A. Antimony, B. Beryllium, C. Bismuth, D. Cobalt,


E. Molybdenum, F. Uranium, G. Rhenium, H. Strontium, I. Tellurium, J. Herbicides, K. Fungicides, and L. Pesticides. Sec. 13-6. Pretreatment Requirements. a. Pretreatment Required

A person generating wastewater containing prohibited waste discharged to the District System must pretreat the prohibited waste in compliance with the discharge standards, local limits, and requirements established in this Article, or otherwise lawfully dispose of the prohibited waste. b. Pretreatment Discharge Permit Required

1. No person shall deposit or discharge prohibited wastes into the District System without a permit issued by the District Manager.

2. A person shall not discharge wastewater from a pretreatment facility except as allowed by a permit issued by the District Manager.

3. The District Manager may set permit pretreatment standards more stringent than those contained in this Article, local, state, or federal regulation, if the District Manager determines that the standards are necessary to protect the District System.

4. A person is not required to obtain a permit for the following premises:

A. a single family residence;

B. a residential duplex; or

C. a location that only discharges normal domestic wastewater.


c. Pretreatment Facilities

A person discharging prohibited waste to the District System shall install, operate, and maintain wastewater pretreatment facilities approved by the District Manager. d. Pretreatment Plans and Slug Control Plan

1. Pretreatment Plans

A. A person required to pretreat waste or wastewater before discharge to the District System must submit complete plans and specifications for the pretreatment system to the District Manager.

B. A plan developed under this section shall describe the proposed pretreatment method, process, or technology, including products, chemicals, agents or devices used for pretreatment.

C. A person must obtain the District Manager's approval prior to:

i. discharging wastewater; or

ii. constructing, using or modifying a pretreatment facility, method, process or technology.

2. Slug Control Plans

A. A person discharging wastewater containing industrial waste or other prohibited waste to the District System shall implement a system and procedures to prevent slug discharges.

B. The District Manager may require a person to develop and implement a slug control plan before authorizing the person to connect water or wastewater service to discharge wastewater to the District System.

C. At least every two years, the District Manager shall determine if a significant industrial user has sufficient systems and procedures to prevent slug discharges. The District Manager shall require a significant industrial user to develop and implement a slug control plan under this article if the District Manager finds a risk to the District System exists.

D. A plan developed under this article must include the following:


i. description of discharge practices including a non-routine batch discharge;

ii. description of stored chemicals;

iii. procedures for immediate notification of the District System in the event of an accident or slug discharge in violation of this Article; and

iv. procedures to prevent property damage or danger to public health and safety from an accident or slug discharge including:

a. storage area inspection and maintenance;

b. material handling and transfer;

c. loading and unloading operations;

d. plant site runoff control;

e. worker training;

f. containment structures or equipment construction;

g. toxic organic pollutants containment;

h. emergency response equipment and plan; and

i. spill detection.

e. Authority to Require Specific Equipment

1. The District Manager may require a person to install, operate, and maintain equipment for pretreatment, sampling, monitoring, flow equalization, flow metering, or any other equipment that the District Manager determines is necessary to monitor wastewater parameters and characteristics or to protect the District System.

2. The District Manager may require a person to install a flow equalization tank to prevent pass-through, interference, collection system overload, treatment plant upset or damage to the District System.

3. The District Manager may require a person discharging wastewater subject to this Article into the District System to install equipment necessary to restrict the flow at the designated point.


4. A person shall submit plans for construction and installation of any facility required by the District Manager.

f. Hauled Wastewater

1. Septic tank waste may be introduced into the District System only at locations designated by the District Manager, and at such times as are established by the District Manager. Such wastes shall not violate sections 13-4 or 13-5 or any other requirement contained in this Code. The District Manager shall require septic tank haulers to obtain wastewater discharge permits.

2. The District Manager shall require haulers of industrial waste to obtain wastewater discharge permits. The District Manager may require generators of hauled industrial waste to obtain wastewater discharge permits. The District Manager may also prohibit the disposal of any hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this Article.

3. Industrial waste hauler may discharge loads only at locations designated by the District Manager. No load may be discharged without prior consent of the District Manager. The District Manager shall either collect samples of each hauled load to ensure compliance with the applicable standards or require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

4. Industrial waste haulers must provide a waste-tracking form with every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any waste are RCRA hazardous wastes.

Sec. 13-7. Wastewater Discharge Permit Applications a. Wastewater Analysis

When requested by the District Manager, or his or her designee, a user must submit information on the nature and characteristics of its wastewater within ten (10) days of the request. The District Manager, or his or her designee, is authorized to prepare a form for this purpose and may periodically require the user to update this information. b. New Connections

Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the District System must obtain a permit before beginning or recommencing such discharge. No user required to obtain a wastewater discharge permit may discharge into the District System prior to issuance of such permit.


c. Application Contents

1. A person seeking a permit must complete and file an application for a permit with the District Manager on the form provided by the District Manager and pay the application and permit fees established by Article.

2. A person seeking a permit shall file with the application the appropriate application fee.

3. An application for a permit under this Article must include:

A. name, title, address, and telephone number of the authorized representative for the applicant;

B. description or address of the location;

C. description of the activity and process conducted at the location;

D. description of the facility at the location;

E. nature and characteristics of the proposed discharge;

F. a list of raw materials and chemicals used or stored at the location that may be discharged to the District System, intentionally or accidentally;

G. type, amount, process, and rate of product produced;

H. type and amount of raw materials processed, including the daily average and daily maximum;

I. a copy of the site, floor, mechanical, and plumbing plans that show sewers, floor drains, and pretreatment facilities by size, location, elevation and points of origin; and

J. time and duration of discharge.

4. The District Manager may require additional application information as necessary to determine compliance by the premises and proposed discharge.

d. Application Signatories and Certifications

The authorized representative of the applicant must sign the application and make the following certification:


“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

e. Wastewater Discharge Permit Decisions 1. The District Manager will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the District Manager will determine whether or not to issue a wastewater discharge permit. 2. The District Manager may not approve an application for issuance, transfer, or renewal of a permit unless the District Manager: A. determines the application is complete, accurate, and meets the requirements of this Article; B. completes an inspection of the premises for which a permit is sought; C. approves the installation of facilities and equipment; and D. determines that the proposed discharge complies with the requirements of this Article. 3. The District Manager may deny an application for issuance, transfer or renewal of a permit if: A. the application contains false, incomplete, or inaccurate information; B. an unauthorized person files the application; or C. the applicant fails to comply with the requirements of this Article.


Sec. 13-8. Wastewater Discharge Permits a. Duration

The District Manager may not issue a permit for a period of more than five (5) years from the date of issuance. b. Permit Contents 1. All wastewater discharge permits shall contain the following:

A. the name of the person holding the permit;

B. a description of the premises and its location from which the permitted discharge will be emitted;

C. the nature, characteristics, conditions, and limitations to the permitted discharge;

D. the dates during which the permit will be effective;

E. a statement that the permit is non-transferable without notification to and approval by the District Manager;

F. a requirement that the person holding the permit must provide a new owner, operator, or manager of a permitted premises with a copy of the permit;

G. a statement of the civil, criminal, and administrative penalty for a violation of pretreatment standards, or other requirements of this Article; and

H. an applicable compliance schedule consistent with federal, state, and local regulation;

I. any such conditions as are deemed reasonably necessary by the District Manager to:

i. prevent pass-through or interference; ii. protect the surface water quality; iii. protect public health and safety; iv. facilitate proper sludge management and disposal; v. protect the District System against damage;


vi. minimize wastewater treatment process expense; vii. ensure compliance with the wastewater discharge permit(s) issued to the District by the Texas Commission on Environmental Quality, or is successor entity; viii. protect ambient air quality; and ix. to the extent required, implement the federal, state, and local pretreatment regulations. 2. In addition to the other requirements in this Article, a permit issued to a significant industrial user must include:

A. effluent limits based on federal, state, and local regulation;

B. requirements for:

i. pretreatment;

ii. self-monitoring;

iii. sampling;

iv. reporting;

v. notification; and

vi. record keeping requirements, including identification of pollutants to be monitored, sampling locations, sampling frequency, and sample type.

3. To protect the District System, the District Manager may require that a permit issued to a significant industrial user include:

A. a limit on the average or maximum rate of discharge or time of discharge;

B. flow regulation and equalization requirements;

C. a limit on the instantaneous daily and monthly average or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;

D. requirements for the installation of pretreatment and monitoring technology, the installation of pollution controls, or the construction of an


appropriate containment device designed to reduce, eliminate, or prevent the introduction of pollutants into the District System;

E. development and implementation requirements for a slug control plan, including management practices necessary to adequately prevent accidental or unanticipated discharges;

F. development and implementation requirements for a waste minimization plan to reduce the amount of pollutants discharged to the District System;

G. a statement of the management and treatment unit charge or schedule of charges and fees for wastewater discharged to the District System;

H. installation and maintenance requirements for inspection and sampling facilities and equipment; or

I. a statement that the permit is subject to modification by the District Manager in accordance with this Article.

4. The District Manager may make a determination under 40 CFR § 403.8(f)(6) that a person is not a significant industrial user if a person otherwise classified as a significant industrial user has no reasonable potential for adversely affecting the District System's operation or for violating a pretreatment standard or requirement.

5. To protect the District System, the District Manager may require that a permit issued to a user not classified as a significant industrial user include additional terms contained in this section applicable to significant industrial users.

c. Permit Modifications

The District Manager may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: 1. To incorporate any new or revised Federal, state, or local pretreatment standards or requirements; 2. To address significant alterations or additions to the user’s operations, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance; 3. To incorporate a change in the District System that requires a temporary or permanent reduction or elimination of the authorized discharge; 4. To address information indicating that permitted discharge poses a threat to the District System, the District’s personnel, or the receiving waters;


5. To correct, abate, or prevent a recurrence of a violation of any terms or condition of the wastewater discharge permit or this Article; 6. To respond to any misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; 7. To revise or grant a variance from categorical pretreatment standards; 8. To correct typographical, clerical, or ministerial errors in the wastewater discharge permit; 9. To reflect a transfer of the facility ownership or operations to a new owner or operator; or 10. To respond to a threat to the District System, District personnel, receiving waters, or the public health and safety caused by a discharge. d. Permit Transfers 1. Wastewater discharge permits may be transferred to a new owner or operator only if the person assuming ownership, occupancy, or management of the premises covered by the permit files with the District Manager an application for transfer at least fifteen (15) days before the proposed transfer and the District Manager approves the wastewater discharge permit transfer. The application must include the following: A. The name, title, address, and telephone number of the authorized representative for the applicant; B. The permit number;

C. Written certification that states that the new owner or operator has no immediate intent to change the facility’s operations and processes, identifies the specific date on which the transfer is to occurx and acknowledges full responsibility for complying with the existing wastewater discharge permit.

D. Authorized representative signature and certification as required by Section 13-7.e. of this Article; and

E. Application fee.

2. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of the facility transfer.


3. If the transfer of the premises will require a change in the activity and process conducted at the location, in the nature, characteristic, quantity or rate of flow of the discharge, in the time or duration of the discharge, or in the pretreatment equipment or process used at the facility, the person must apply for a new wastewater discharge permit. e. Permit Renewal

A user with an expiring wastewater discharge permit shall apply for to renew its wastewater discharge permit by submitting a complete permit application, in accordance with this Article, at least thirty (30) days before the expiration of the user’s existing wastewater discharge permit.

f. Permit Appeals

Appeals of permit decisions by the District Manager shall be processed in accordance with Section 1-8 of these Rules.

Sec. 13-9. Reporting Requirements. a. Sampling and Testing Guidelines

1. Analytical Requirements.

A. Except as otherwise provided by a categorical pretreatment standard, a person who samples or analyzes wastewater under this Article must perform the sampling or analysis in accordance with the techniques prescribed in 40 CFR Part 136.

B. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant found in wastewater released to the District System, a person must perform sampling and analysis in accordance with procedures approved by EPA.

2. Required Sample Collection Techniques.

A. Except as otherwise provided in this section or by applicable federal, state, or local law, a person that discharges wastewater containing industrial waste or other prohibited waste must collect a wastewater sample using flow proportional composite collection techniques.

B. If the District Manager determines that flow proportional sampling is not feasible, the District Manager may authorize the use of time proportional sampling, sampling of a minimum of four grab samples, or other applicable approved sampling procedure provided that the procedure collects a representative sample of the discharged effluent.


C. A person shall use grab collection techniques to obtain samples of fat, oil, grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals.

3. Repeat Sampling Required.

A. In addition to the self-reporting requirements in this Article, a person discharging wastewater containing prohibited waste who conducts a sample and analysis that indicates a violation of this Article must repeat the sampling and analysis, and submit the results of the repeat analysis to the District Manager not later than the 30th day after becoming aware of the violation.

B. A person is not required to conduct repeat sampling and analysis under this section if the District System, monitors the person's premises at least once each month, or conducts a sampling between the initial self-sampling and receipt by the person of the results of the sample analysis.

4. Sampling Requirements.

A. A person shall use wastewater samples representative of actual discharge as the basis of a periodic report filed with the District Manager.

B. A person shall maintain and operate wastewater monitoring and flow measurement facilities in good working order. A user may not submit a sample result that is not representative of an operation's discharge based on the user's failure to keep its monitoring facility in good working order.

C. A person subject to categorical reporting requirements shall include the results from all approved methods used to monitor a pollutant in the periodic report to the District Manager, including results obtained by monitoring conducted more frequently than required by the District Manager.

5. The District Manager may use a grab sample to determine non-compliance with pretreatment standards.

b. Self-Monitoring and Reporting Requirements

1. A person engaged in an industry subject to national pretreatment requirements promulgated by EPA shall follow the self-monitoring and reporting requirements published in the Federal Register.

2. The District Manager may authorize a person who discharges waste to the sanitary sewer to take periodic samples, analyze the samples for the presence or quantity of prohibited pollutants, and report the results to the District Manager.


c. Records Retention

1. A person discharging wastewater containing prohibited waste to the District System or disposing of waste off-site shall retain and make available for inspection and copying by the District Manager all records and information required under this Article.

2. Unless federal or state law requires information to be retained for a longer period, a person shall retain records under this Article for at least three years from the date the record is created.

3. The records retention period is automatically extended for the duration of compliance litigation under this Article, or a longer period set by an enforcement order issued under this Article.

d. Confidentiality

A person who may assert the trade secret exception to disclosure under Chapter 552 (Public Information Act) of the Texas Government Code must clearly mark “confidential business information” on each page that contains proprietary information.

e. Changed Conditions Report 1. Each user shall notify the District Manager of any planned significant changes to the user’s operations or system that might alter the nature, quality, or volume of its wastewater at least fifteen (15) days before the change. 2. The District Manager may do the following: A. require the submission by the user of any information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application; and B. issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to the change in conditions. 3. For purposes of this subsection, a significant change includes, but is not limited to, flow increases of twenty (20) percent or greater, or the discharge of any previously unreported pollutants. f. Report of Accidental or Unauthorized Discharge 1. In the case of any discharge, including but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the District System, the user shall immediately telephone and notify the public works director and the District


Manager of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective action taken by the user. 2. Within five (5) days following the discharge, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures taken or to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the District System, natural resources, or any other damage to person or property; nor shall any such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this Article. 3. An example notice shall be permanently posted in a prominent place advising employees who to call in the event of a discharge described in this subsection. Employers shall ensure that all employees, who may cause such a discharge to occur, or who otherwise are in a position to know if such a discharge occurs, are advised of the emergency notification procedure. g. Notification of Discharge of Hazardous Waste

1. A person who discharges waste to the District System that, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261, shall notify the District Manager, the EPA, and the TCEQ of the discharge.

2. Notification under this section must include the name of the hazardous waste as described in 40 CFR Part 261, the EPA hazardous waste identification number, and the type of discharge.

3. A person shall provide the notification required under this section no later than the 180th day after the discharge of the hazardous waste begins. Except as provided in Subsection (D), a person must submit notification only once under this section for each hazardous waste discharged.

4. If a person discharges more than 100 kilograms of waste subject to this section to the District System in a calendar month, written notification under this section must include:

A. identification of the hazardous constituents contained in the waste;

B. an estimate of the mass and concentration of the hazardous constituents in the waste stream discharge during the current calendar month; and

C. an estimate of the mass of hazardous constituents that will be discharged in the waste stream during the following 12 month period.


5. Except as provided in Subsection (6), a person discharging less than 15 kilograms of hazardous waste not classified as acute hazardous waste under 40 CFR §§ 261.30(d) and 261.33(e) during a calendar month is exempt from the notification requirements of this section.

6. A pollutant previously reported under the self-monitoring requirements in this Article does not need to be identified in the notification required under this section.

7. A person must provide written notification to the District Manager, the EPA, and the TCEQ upon the first discharge of more than 15 kilograms of non-acute hazardous waste in a calendar month, or a quantity of acute hazardous wastes under 40 CFR §§ 261.30(d) and 261.33(e).

8. A person shall notify the District Manager, the EPA, and the TCEQ of the discharge of a substance newly identified as hazardous under Section 3001 of the Resource Conservation and Recovery Act no later than the 90th day after the effective date of the regulation identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste.

9. A person required to provide notification made under this section shall certify that a program to reduce the volume and toxicity of hazardous waste is installed and functional.

h. Self-Reported Violations

A person who discharges wastewater containing prohibited waste to the District System and who performs sampling that indicates a violation of this Article shall notify the District Manager no later than 24 hours after becoming aware of the violation.

i. Notification of Bypass

1. If a person knows in advance that a bypass is to occur, the person must submit written notice of the anticipated bypass to the District Manager and the Superintendent, on the earlier of:

A. ten days before the date of the anticipated bypass; or

B. if less than ten days before the date of the anticipated bypass, upon obtaining knowledge that the bypass is to occur.

2. A person who knows in advance that a bypass will occur must obtain authorization from the District Manager before release of the discharge.

3. A person who is aware that an unanticipated bypass exceeding pretreatment standards or requirements occurred shall notify the District Manager and Superintendent by telephone or in person no later than 24 hours after the person


becomes aware of an unanticipated bypass, and in writing no later than the fifth day after the person becomes aware of an unanticipated bypass.

4. A written report of an anticipated or unanticipated bypass must include a description of the bypass, the cause of the bypass, the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated duration of the bypass, and actions taken or planned to reduce or eliminate the ongoing bypass and prevent reoccurrence of the bypass.

5. The District Manager may waive the requirement of a written report for an unanticipated bypass if the person has made a verbal report in compliance with this section.

Sec. 13-10. Compliance Monitoring. a. Right of Entry

1. The District Manager may enter the premises of a person to determine if the person is in compliance with the requirements of this Article or a permit or order issued under this Article. The District Manager may enter a public easement or private property where a portion of the sewer system is located.

2. The District Manager may enter, inspect, sample, monitor or conduct surveillance or enforcement activities relating to the sewer system servicing a premises, enter a premises to gain access to a source of industrial waste or other prohibited waste or discharge, and inspect pretreatment, sampling, or monitoring equipment, method of pretreatment, monitoring, or record required under this Article.

3. A person discharging or proposing to discharge wastewater to the District System or sanitary sewer shall, at the person's sole expense, promptly remove security barriers or other obstacles to access by the District Manager.

4. A person who fails to remove an obstruction or unreasonably delays access by the District Manager to premises discharging to the District System commits an offense.

b. Sampling Conducted by the District

1. The District Manager may sample and inspect wastewater discharged or deposited to the District System by significant industrial users annually or more frequently as necessary to protect the District System.

2. The District Manager may periodically sample and inspect wastewater discharged or deposited to the District System by a person not classified as a significant industrial user.


3. The District Manager shall collect samples representative of the character and concentration of the wastewater under operational conditions. The District Manager may determine the schedule or program for sampling wastewater.

4. A person may request that the District Manager sample wastewater discharged at any time, provided the person pays the full cost of sampling and analysis. The District Manager is not required to perform additional requested sampling.

5. In the event that the District Manager determines that a sample contains a prohibited pollutant in a different amount or concentration than a wastewater sample taken by a person subject to self-sampling or self-monitoring, the measurement taken by the District Manager shall be determinative. c. Search Warrants

The District Manager may seek issuance of a search warrant from a municipal court or other court of competent jurisdiction if the District Manager has been refused access to a building, structure, property, or premises and can demonstrate that the District Manager has probable cause to believe that a violation of this Article, a permit, or other enforcement order exists, there is a need to conduct a routine compliance inspection or to protect public health or safety, or there is an emergency affecting public health or safety.

Sec. 13-11. Enforcement Remedies. a. Notice of Violation

1. The District Manager may serve a written or verbal notice of violation on a person the District Manager determines has violated or is violating this Article, the conditions of a permit or order issued under this Article, or other pretreatment standard or requirement.

2. A notice of violation shall describe the violation and state that, no later than the 14th day after receipt of the notice, a person must provide to the District Manager with an explanation of the violation and a plan for the satisfactory correction and prevention, including specific actions for correction of the violation.

3. A person who submits a proposed corrective plan under this section is not relieved of criminal or civil liability for a violation of this Article. b. Emergency Suspension

1. Upon informal written or verbal notice, the District Manager may suspend water and wastewater service and disconnect a premises from the District’s wastewater system if the District Manager determines that an actual or threatened discharge presents an imminent danger to public health or safety, presents an imminent


danger of pass-through, presents a threat to the environment, or threatens to interfere with the operation of the District System.

2. A person notified of the suspension of the person’s service shall immediately stop the discharge or eliminate its contribution to the waste stream.

3. If a person fails to immediately comply with an emergency suspension order, the District Manager may take necessary measures to prevent or minimize damage to the District System, the environment, the public, or property.

4. The District Manager may not allow a discharge to continue if termination proceedings have been initiated. Evidence that the danger caused by a discharge has ceased does not affect the suspension authorized by this section. The District Manager is not required to provide a hearing before authorizing an emergency suspension.

c. Permit Revocation, Termination Order, and Disconnection of Service 1. The District Manager may revoke a permit if a person violates this Article, a permit, or other federal, state, or local wastewater pretreatment regulation. 2. If the District Manager determines that a person has violated or is violating this Article, a permit, or other federal, state, or local wastewater pretreatment regulation, the District Manager may order the person terminate discharge to the District System and enforce termination of the discharge by severing the person’s sewer connection. 3. If the District Manager determines that a person has violated or is violating this Article, a permit, or other federal, state, or local wastewater pretreatment regulation, the District Manager may issue an order terminating water service to the user. d. Civil Penalties

1. If a person has received actual notice of the provisions of this Article and acts in violation of this Article or fails to take action to comply with this Article, or federal, state or local regulations, the District may initiate a suit:

A. to recover a civil penalty not to exceed $5,000 a day for each violation;

B. to obtain injunctive relief;

C. to recover expenses, loss or damage to District property; or

D. for other available relief.


2. Each day or part of a day during which non-compliance occurs constitutes a separate violation. e. Criminal Penalty

1. A person violating this Article commits an offense. An offense under this Article is a class C misdemeanor, punishable in accordance with state law. Each occurrence of a violation of this Article is a separate offense.

2. Proof of a culpable mental state is not required for a conviction of an offense under this Article.

f. Cumulative Remedies

The remedies authorized under this Article are cumulative unless specifically prohibited by state or federal regulation. g. Liability

1. A person may be held liable for a violation of this Article if the person commits or assists in the commission of a violation under this Article, is an authorized representative under this Article, or is the owner, occupant, tenant, or manager of premises, property or a facility that is the source of a discharge in violation of this Article.

2. A person who violates this Article is liable to the District for expenses, loss or damage incurred as a result of the violation.

h. Publication of Noncompliance User List

The District Manager may annually publish public notification in the District’s designated local newspaper a list of the users that the District Manager has determined to be in significant noncompliance with applicable pretreatment requirements during the previous 12 months. In this section, significant noncompliance means:

1. chronic violations of wastewater discharge limits in which 66 percent or more of wastewater measurements taken for a pollutant parameter during a six month period exceed by any amount the daily maximum limit or average limit for the pollutant parameter;

2. technical review criteria violations in which 33 percent or more of wastewater measurements taken for the pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the following criteria:


A. 1.4 for biochemical oxygen demand, total suspended solids, fat, oil and grease; and

B. 1.2 for other pollutants except pH;

3. discharge violations that the District Manager believes have caused, alone or in combination with other discharges, interference or pass-through;

4. discharge of pollutants that has caused imminent endangerment to the public or to the environment, or that otherwise has resulted in the District's exercise of its emergency authority to halt or prevent the discharge;

5. failure to meet, no later than the 90th day after the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or otherwise attaining final compliance;

6. failure to provide no later than the 30th day after the due date, a required report, including a baseline monitoring report, 90-day compliance report, periodic self-monitoring report, and a report on compliance with a compliance schedule;

7. failure to accurately report noncompliance; or

8. other violation that the District Manager determines has or may adversely affect the operation or implementation of the pretreatment program.

Sec. 13-12. Affirmative Defenses. a. Affirmative Defenses

1. Affirmative Defense to Prohibited Discharge of a Pollutant.

A. Unless specifically prohibited by subsection 13-4.b., it is an affirmative defense to prosecution for a violation of the general prohibitions under subsections 13-4.a. (General Prohibitions Against Discharge) that the person did not know, or have reason to know, that the person’s discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference, and:

i. immediately before and during the pass-through or interference, the person was in compliance with a local limit for the discharged pollutant causing the pass-through or interference; or

ii. no local limit exists for the pollutant that caused the pass-through or interference, and the discharge did not change substantially in nature or constituents from an earlier discharge during which the District System was in compliance with its TCEQ-issued wastewater discharge permits, and in the case of


interference, the District System was in compliance with applicable sludge use or disposal requirements.

B. It is an affirmative and the specific prohibitions under Subsections 13-4.b.(2), (6), (7), (8), (10), (14), (15) and (16) (Specifically Prohibited Pollutants) that the person did not know, or have reason to know, that the person’s discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference, and:

i. immediately before and during the pass-through or interference, the person was in compliance with a local limit for the discharged pollutant causing the pass-through or interference; or

ii. no local limit exists for the pollutant that caused the pass-through or interference, and the discharge did not change substantially in nature or constituents from an earlier discharge during which the District System was in compliance with its TCEQ-issued wastewater discharge permits, and in the case of interference, the District System was in compliance with applicable sludge use or disposal requirements.

2. Affirmative Defense for Violation of Bypass Prohibition.

A. It is an affirmative defense to prosecution for violation of the prohibitions against bypass under Section 13-4.e. (Bypass), that:

i. the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, and the person causing or allowing the bypass complied with the notice requirements in Section 13-9.i. (Notification of Bypass); or

ii. no feasible alternatives to the bypass existed, including the use of an auxiliary treatment facility, retention of untreated waste, or preventative maintenance during a normal period of equipment downtime.

B. A person may not assert an affirmative defense to prosecution for a bypass occurring during a normal period of equipment downtime or preventative maintenance, if the person should have, in the exercise of reasonable engineering judgment, installed adequate backup equipment to prevent a bypass.

b. Act of God

It is an affirmative defense to prosecution in an action brought in state or municipal court for a violation of this Article that the violation was caused solely by an act of God, war, strike, riot, or other catastrophe.


Sec. 13-13. Fees. a. Purpose of Fees

It is the purpose of this section to provide for the recovery of costs from users of the District System for the implementation and continued operation of the pretreatment program established herein. All industrial users shall pay the following fees, as appropriate, and in accordance with this schedule. b. Wastewater Discharge Permit Application Fee

A wastewater discharge permit application fee of $100.00 shall be remitted to the District with any application to obtain a new permit, modify a permit, or renew a permit. No application shall be processed by the District until the permit application fee has been paid in full. c. Wastewater Discharge Permit Fee 1. All significant industrial users shall pay an annual wastewater discharge permit fee of $500.00. 2. All non-significant industrial user shall pay an annual wastewater discharge permit fee of $100.00. 3. The wastewater discharge permit fee is due to the District at the time any application to obtain a new permit, to modify a permit, or to renew a permit is filed with the District. If the application is withdrawn or is denied, the District shall return the fee to applicant within thirty (30) days of the withdrawal or denial of the application. d. Sampling Fee

If a user requests that the District take samples as provided by subsection 13-10.b.(4), the user shall pay the District’s full cost of sampling and analysis. e. Wastewater Surcharge

Users and permittee discharging effluent to the District’s system that exceeds 200 mg/l for either or both of BOD or TSS, the user shall pay, in addition to the normal sewer rate, a surcharge that is calculated as follows,:

Surcharge = C X 8.34 X (BOD5avg - 200) X 0.000060 + C X 8.34 X (TSSavg - 200) X 0.000022


Where

The District Manager or other designated representative shall make arrangements with each industrial user for testing of BOD5 and TSS.

Sec. 13-14. Requirements related to facilities generating fats, oils, and greases. a. Applicability and Prohibitions 1. This section shall apply to all non-domestic users of the District System. 2. Grease traps or grease interceptors shall not be required for residential users. 3. Facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps or interceptors as required in subsection b. of this Article. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. 4. No user may intentionally or unintentionally allow the direct or indirect discharge of any petroleum oil, nonbiodegradable cutting oil, mineral oil, or any fats, oils, or greases of animal or vegetable origin into the District System in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass-through the treatment works into the environment.

b. Installation and Maintenance Requirements 1. Installations

A. New Facilities Food processing or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap/interceptor in accordance with locally adopted plumbing codes or other applicable Articles. Grease traps/interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.

C = billing period metered water consumption in thousands of gallons

BODavg = Average daily BOD for billing period in mg/l.

TSSavg = Average daily total suspended solids for billing period in mg/l.


B. Existing Facilities. Existing grease traps/interceptors must be operated and maintained in accordance with the manufacturer’s recommendations and in accordance with these Model Standards, unless specified in writing and approved by the District System. C. All grease trap/interceptor waste shall be properly disposed of at a facility in accordance with federal, state, or local regulation. 2. Cleaning and Maintenance A. Grease traps and grease interceptors shall be maintained in an efficient operating condition at all times. B. Each grease trap pumped shall be fully evacuated unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capacity so that the trap is fully evacuated within a 24-hour period, in accordance with 30 TEXAS ADMINISTRATIVE CODE

§ 312.143. 3. Self-Cleaning A. Grease trap self-cleaning operators must receive approval from the District System annually prior to removing grease from their own grease trap(s) located inside a building, provided:

i. the grease trap is no more than fifty (50) gallons in liquid/operating capacity; ii. proper on-site material disposal methods are implemented (e.g. absorb liquids into solid form and dispose into trash); iii. the local solid waste authority allows such practices; iv. grease trap waste is placed in a leak proof, sealable container(s) located on the premises and in an area for the transporter to pump-out; and v. detailed records on these activities are maintained. B. Grease trap self-cleaning operators must submit a completed self-cleaning request to the District System for approval. The written request shall include the following information: i. Business name and street address; ii. Grease trap/interceptor operator name, title, and phone number;


iii. Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease trap/interceptor; and iv. Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections. C. Self-cleaners must adhere to all the requirements; procedures and detailed record keeping outlined in their approved application, to ensure compliance with this Article. A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the following information: i. Date the grease trap/interceptor was serviced; ii. Name of the person or company servicing the grease trap/interceptor; iii. Waste disposal method used; iv. Gallons of grease removed and disposed of; v. Waste oil added to grease trap/interceptor waste; and vi. Signature of the operator after each cleaning that certifies that all grease was removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition. D. Violations incurred by grease trap self-cleaners will be subject to enforcement action including fines and/or removal from the self-cleaner program. 4. Cleaning Schedules A. Grease traps and grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge. B. Grease traps and grease interceptors subject to these standards shall be completely evacuated a minimum of every ninety (90) days, or more frequently when: i. twenty-five (25) percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; or


ii. the discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the District; or iii. if there is a history of non-compliance. C. Any person who owns or operates a grease trap/interceptor may submit to the District System a request in writing for an exception to the ninety (90) day pumping frequency of their grease trap/interceptor. The District may grant an extension for required cleaning frequency on a case-by-case basis when:

i. the grease trap/interceptor owner/operator has demonstrated the specific trap/interceptor will produce an effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as DOD, TSS, FOG, or other parameters as determined by the District System, or ii. less than twenty-five (25) percent of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases D. In any event, a grease trap and grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days. 5. Manifest Requirements A. Each pump-out of a grease trap or interceptor must be accompanied by a manifest to be used for record keeping purposes. B. Persons who generate, collect and transport grease waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include: i. name, address, telephone, and commission registration number of transporter; ii. name, signature, address, and phone number of the person who generated the waste and the date collected; iii. type and amount(s) of waste collected or transported; iv. name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; v. date and place where the waste was deposited;


vi. identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; vii. name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received; viii. the volume of the grease waste received; and ix. a consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported. C. Manifests shall be divided into five parts and records shall be maintained as follows.

i. One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of waste pickup. ii. The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest. iii. One part of the manifest shall go to the receiving facility. iv. One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. v. One copy of the manifest shall be returned by the transporter to the person who generated the wastes within 15 days after the waste is received at the disposal or processing facility. vi. One part of the manifest shall go to the local authority. D. Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the District System. 6. Alternative Treatment A. A person commits an offense if the person introduces, or causes, permits, or suffers the introduction of any surfactant, solvent or emulsifier into a grease trap. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the trap into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.


B. It is an affirmative defense to an enforcement of subsection b.(6)(a) of this section that the use of surfactants or soaps is incidental to normal kitchen hygiene operations. C. Bioremediation media may be used with the District System’s approval if the person has proved to the satisfaction of the District System that laboratory testing which is appropriate for the type of grease trap to be used has verified that: i. The media is a pure live bacterial product which is not inactivated by the use of domestic or commercial disinfectants and detergents, strong alkalis, acids, and/or water temperatures of 160ºF (71ºC). ii. The use of the media does not reduce the buoyancy of the grease layer in the grease trap and does not increase the potential for oil and grease to be discharged to the sanitary sewer. iii. The use of the bioremediation media does not cause foaming in the sanitary sewer. iv. The BOD, COD, and TSS discharged to the sanitary sewer after use of the media does not exceed the BOD, COD, and TSS which would be discharged if the product were not being used and the grease trap was being properly maintained. pH levels must be between 5 and 11. D. All testing designed to satisfy the criteria set forth in subsection b.(6)c. of this section shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency and the Texas Commission on Environmental Quality and which are defined in 40 CFR Part 136, or 30 TAC § 319.11. Testing shall be open to inspection by the District System, and shall meet the District System’s approval. c. Schedule of Penalties 1. If the District System determines that a generator is responsible for a blockage of a collection system line the generator shall owe a civil penalty of $1,000 for the first violation, $1,500 for a second violation, and $2,000 for the third violation within a two period. Continuous violations shall result in an increase in penalty by $500 and may also result in termination of services. 2. Any person violating any of the provisions of this Section shall be subject to a written warning for the first violation, a $1,000 civil penalty for the second violation, a $1,500 civil penalty for the third violation, and a $2,000 civil penalty for the fourth violation within a two-year period. Consistent violations will result in a $500 increase in civil penalty and may result in termination of service.

rules of agua special utility districtrules of agua special utility district adopted july 30, 2008;...

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