(a) City water system. Distribution system. Independent public water systems. Public water system. Sanitary control.
Definitions.
For the purposes of this section, the following definitions shall apply:
All property and easements owned and controlled by the city, beginning with its lakes, well fields, raw water transmission lines, water treatment plants and potable water production and transmission facilities, and continuing through and including pump stations, storage devices, water supply, mains and related system and the organization used by the city in furnishing an adequate supply of water to the inhabitants of the city and vicinity, and ending at the respective city-owned water meters.
The city water system shall, without limiting the generality of the forgoing definition, include potable water delivery infrastructure and easements after such infrastructure has been designed, constructed, inspected and approved in accordance with the Lubbock Water Utilities Design Standards and Specifications for Water and Sewer, as may be amended from time to time, and accepted by the city, as per the terms of section 22.05.011 of this code.
The system of pipelines, pump stations and storage devices that deliver treated water to homes and businesses throughout the corporate limits of the City of Lubbock beginning with the completion of water treatment and then continuing throughout the system of pipelines, pump stations and storage devices and then ending at the termination point of public easement and the customer water meter.
Water systems outside of the public easement and downstream of the service meter that:
A public water system as defined in title 30, section 290.38(47) of the Texas Administrative Code, as same may be amended from time to time.
The responsibility to manage, maintain, and monitor the water quality of a water system or portion of a water system in accordance with Texas Commission on Environmental Quality (TCEQ) regulations defined as being “subject to bacteriological and chemical monitoring, plumbing restrictions and inspections.”
(b)
City water system responsibilities.
(1)
The city shall construct, manage, control, operate, maintain and monitor the city water system, including the quality of the water delivered thereby, in accordance with the regulations relating and applicable to public water supplies and systems as promulgated by the Texas Commission on Environmental Quality (TCEQ), or successor agency thereto. The city shall obtain the utility easements and permits necessary to enable reasonable access by the city for the construction, management, control, operation, maintenance, and monitoring of the city water system. The city’s responsibility to manage, control, operate, maintain or monitor the water quality, as provided herein, terminates at the end or termination of the city water system.
(2)
The city has a responsibility to maintain sanitary control only in areas of the city’s designated and approved water supply distribution system. The city’s water utilities department manages, maintains, and monitors the water quality within the distribution system within the city’s incorporated area.
(3)
The city’s sanitary control of the water system terminates where the public easement ends and private property begins which is typically at the water meter or service tap. The city’s building inspection department does not inspect water system facilities for compliance with state water code or for compliance with TCEQ water quality requirements.
(4)
Neither the city’s building inspection department nor the water utilities department manages, maintains, or monitors the water quality of independent public water systems within the city’s incorporated area.
(c)
Independent public water system requirements.
(1)
The management, maintenance, operation and monitoring of the water quality and all other aspects of operation of an independent public water system, including without limitation, compliance with all laws, statutes, regulations, rules and orders pertaining to such water systems, shall be the sole responsibility of the owner and operator, if operated by a party other than owner, of such independent public water system.
(2)
The owner and operator, if operated by a party other than owner, of an independent public water system, initiating the purchase of water from the city after January 1, 2009, shall enter into a contract for water service providing, among other things, designation of the responsibility and sanitary control of such public water system to the owner and operator of such public water system, in accordance with the terms of this section, prior to connection to the city’s water system.
(3)
All existing independent water systems must have submitted by January 1, 2009 documentation and easements for acceptance as a new subdivision of the city or they will be considered an independent water system and will be required to sign a water supply contract that designates sanitary control responsibility. Failure to comply may result in the termination of water service, and shall be deemed a violation of this section.
(d)
Acceptance of water systems into city’s water system.
(1)
The city will include all water systems as part of the distribution system after the water system has been designed, constructed, inspected, tested, and approved in accordance with the Lubbock Water Utilities Design Standards and Specifications for Water and Sewer and accepted as a new subdivision within the city.
(2)
The owner, and operator, if operated by a party other than the owner, of an independent public water system may on or before January 1, 2009, submit such system to the city for ownership and inclusion within the city’s water system, so long as: (A) such public water system has been designed and constructed in accordance with the city water utilities design standards and specifications for water and sewer; and (B) the owner, and operator, if operated by a party other than the owner, submits evidence and other materials as may be required by the city to demonstrate that such public water system complies with all provisions of title 30 of the Texas Administrative Code relating to public water systems and/or the supply or provision of potable water, in which case the city may accept such system into the city’s water system. In the event that the city elects to accept such public water system into the city water system, and as a condition to such city acceptance, the owner of such public water system shall: (A) grant and convey to the city any and all easements, as determined necessary by the city, for or related to management, operation, maintenance and monitoring of such water system; and (B) execute and deliver any and all documents and provide such assistance and cooperation to the city and to the TCEQ, to the extent necessary or advisable to effectuate the transfer of the applicable certificate of convenience and necessity to the city. The acceptance or refusal to accept such public water system by the city is at the sole election of the city council of the city. The acceptance by the city of such public water system into the city water system shall be effective upon the latest to occur of: (A) approval of the city council of such acceptance; and (B) approval of the transfer of the certificate of convenience and necessity by the TCEQ, or successor agency. Nothing contained herein shall be construed to obligate the city to accept such public water system.
(e)
Nothing contained in this section shall be construed to relieve or limit the responsibility of any customer of the city to comply with all other requirements related to connection to the city water system, including without limitation, requirements related to backflow and/or cross-connection protections, as provided by this chapter and chapter 28 of this code.
(f)
This section is considered necessary for the health and safety of the citizens of the city in order to eliminate health hazards and in order to help safeguard water supplies for all residents and businesses within the city. In order to comply with water supply regulations of the State of Texas, responsibility for sanitary control must be designated. This section is designed to implement the regulations of the state and require the designation of sanitary control by means of a service contract.
(Ordinance 444, sec. 1, adopted 6/27/1929; 1959 Code, sec. 34-16; 1983 Code, sec. 28-16; Ordinance 2008-O0074, sec. 1, adopted 9/25/2008; Ordinance 2010-O0049, sec. 2, adopted 6/24/2010)