Briefing on Chairman Art Hall’s Report on Water Quality Activities and Recommendations Planning Commission 24 May 2006 Resource Protection and Compliance Department Our water. Our future. Scott R. Halty Director
Mar 26, 2015
Briefing on Chairman Art Hall’s Report on Water Quality Activities and Recommendations
Planning Commission 24 May 2006
Resource Protection and Compliance Department
Our water. Our future.
Scott R. HaltyDirector
24 May 2006Page 2
Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
To review the activities of all federal, state, and local agencies related to protection of the Edwards Aquifer
Review all regulations and ordinances related to protection of the Edwards Aquifer
Identify any potential changes in water quality protection measures for recommendation to the City Council
Committee Charge
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Mayor’s Ad Hoc Committee on Water Quality Background
In 2002, Mayor Ed Garza established the Committee to review the existing water quality ordinance and chaired by then City Councilman John Sanders
Councilman Art Hall assumed the Chair in 2003
Committee members represented neighborhoods, businesses, development, and environmental interests
Committee was provided presentations and input from SAWS, TCEQ, USGS, EPA, City staff, Bexar County, SARA, EAA, organizations, and interested stakeholders
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Mayor’s Ad Hoc Committee on Water Quality Background
Topics included:- Hydrology and geology of the Edwards Aquifer- Applicable water quality programs, rules and
regulations; federal, state, and local- Hydrologically connected river basins (Nueces,
San Antonio, and Guadalupe)- Recommendations
In July 2004, the Committee transitioned from its review phase into deliberating
potential recommendations
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Mayor’s Ad Hoc Committee on Water Quality Background
Upon his election in 2005, Mayor Phil Hardberger requested Councilman Art Hall to continue and complete the work of the Committee
At the final meeting on January 18, 2006, the Committee was unable to reach consensus on recommendations to be adopted in a final report
The Committee Chair prepared a final report for Council direction and subsequent action
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Impervious Cover
Contributing Zone
Best Management Practices (BMP)
Major Issues Discussed
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Loading vs. Impervious CoverLoading vs. Impervious Cover
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Impervious Cover
BMPs well-studied and recognized by EPA and Texas Commission on Environmental Quality (TCEQ)
TCEQ requires BMPs for 20% plus impervious cover
Best Management Practices (BMPs) are programs, processes, technology that control, prevent or reduce contamination and pollution
80% Removal of Total Suspended Solids (TSS)– Concern is treatment of other constituents– TSS selected because other constituents adhere to
TSS
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
(Pg 3-51)
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Two General Viewpoints Expressed:
1. Limiting impervious cover is the most effective means of protecting the
aquifer.
2. Engineered structural controls are an effective means of treating stormwater.
Impervious Cover
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
If an amended water quality ordinance is adopted, any affected private real property owner may have the right to bring suit to recover damages under the Act, if new regulations reduce the fair market value of the affected property by 25% or more.
Impervious Cover
Legal presentation on Texas Private Real Property Rights Protection Act (TPRPRPA)
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Taking TPRPRPA into account, the current Category 2 limits were discussed.
Current Category 2 impervious cover limits in the Aquifer Water Quality Ordinance:
30% - Residential
50% - Multi family
65% - Commercial
SAWS presented average impervious covers for period of 1996–2003 for three different land uses.
Impervious Cover
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Development on the EARZ in Bexar County
0
500
1000
1500
2000
2500
3000
AC
RE
S
1996 1997 1998 1999 2000 2001 2002 2003
TOTAL ACRES OF PROJECTS SUBMITTED
IMPERVIOUS COVER - DEVELOPED ACRES
0
10
20
30
40
50
60
70
80
90
AC
RE
S
1996 1997 1998 1999 2000 2001 2002 2003
TOTAL ACRES OF PROJECTS SUBMITTED
IMPERVIOUS COVER - DEVELOPED ACRES
Single Family (30%)
21% Average Impervious Cover
Multi-Family (50%)
31% Average Impervious Cover
0
100
200
300
400
500
600
700
AC
RE
S
1996 1997 1998 1999 2000 2001 2002 2003
TOTAL ACRES OF PROJECTS SUBMITTED
IMPERVIOUS COVER - DEVELOPED ACRES
Commercial (65%)
55% Average Impervious Cover
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
SAWS recommends averages that allow for additional aquifer protection and consider legal implications:
20% - Residential40% - Multi family50% - Commercial
Committee deliberated this recommendation which resulted in partial agreement.
No consensus: Committee became polarized on the two viewpoints.
Impervious Cover
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Contributing Zone
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Discussion of recommendations to protect the Contributing Zone:
Extend new recommended impervious cover limits:
20% - Residential
40% - Multi-family
50% - Commercial
Contributing Zone
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Establishing Zoning Overlay District
Implement Permitted Uses Table
Require SAWS Zoning Assessments similar to Recharge Zone
Discussion of Contributing Zone recommendations ended when impervious cover limits could not be agreed upon
Contributing Zone
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Best Management Practices (BMPs)
BMPs can be structural or non-structural protective measures, but the main focus was on the water quality basins
SAWS has identified over 350 water quality basins on the Edwards Recharge and Contributing Zones within Bexar County
In 2002, SAWS implemented a program to bring these basins into compliance. Only 47% were in compliance; now over 85% are reported in compliance.
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
1. Lack of communication between developer and owner as to the purpose and maintenance requirements
2. Transfer of responsibility is especially an issue for residential subdivision basins. Homeowner associations have limited knowledge and resources.
• TCEQ requires a water quality basin for residential subdivisions over 20% impervious cover
BMPsSAWS identified the following issues:
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
3. The Aquifer Water Quality Ordinance (No. 81491) is less stringent than TCEQ requirements
4. The Aquifer Water Quality Ordinance does not recognize a specific technical guidance manual for planning BMPs
5. Current basin design does not allow for a representative water quality sample to be taken
BMPs
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Require a permitting process to track basins and their maintenance
Amend Aquifer Water Quality Ordinance to require at a minimum what the TCEQ requires
Require to the extent possible a combination of BMPs (in-line treatment) to enhance treatment
Recommendations considered:
BMPs
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San Antonio Water System
Require design of water quality basins to allow for flow-weighted samples
Locate water quality controls to avoid recharge features
Provide an option for homeowners to request a public agency to maintain a water quality basin, provided a funding mechanism is established
Generally, there was a consensus about the recommendations Generally, there was a consensus about the recommendations made to enhance the BMP part of the program.made to enhance the BMP part of the program.
BMPs
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Additional Issues Discussed
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Sensitive Land Acquisition
Underground Storage Tanks
Education
Research and Development
Legislative Issues
Mitigation
Additional Issues
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Sensitive Land Acquisition Regulations work “hand-in-hand” with sensitive land
purchases to protect water quality.
Continued support should be provided for efforts to purchase land to protect water quality.
Underground Storage Tanks SAWS’ currently has a program to monitor and inspect
facilities on the Recharge and Transition Zones.
The Committee discussed the sensitivity of the Contributing Zone and expanding the program to the Contributing Zone
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Education Education should continue to play an important role in water resource
protection programs.
Educate users in proper application of fertilizers and pesticides over the Recharge Zone.
Identified need to expand public educational efforts and develop a unified education program.
Research and Development A comprehensive region-wide stormwater strategy model and
consolidated water quality monitoring program, and shared information system to support modeling efforts are needed.
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Legislative Issues
The Committee discussed and recognized that the legislative treatment of property and vested rights, and the Texas Private Real Property Rights Preservation Act may have significant impact on future policy decisions.
The City Council will need to have a strong presence at the upcoming legislative session to oppose attempts to diminish municipalities’ authority to regulate water quality.
Support future legislation to develop an abandoned water well abatement fund.
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Mitigation
Art Hall’s Quality of Life Committee recommended that impervious cover mitigation options be developed and provided to City Council with a recommendation
Allows increases in impervious cover on project through land conservation in another area
Factors:
- Sensitivity
- Management
- Proximity
- Large Tract vs Small Tracts
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Partial agreement was acknowledged by Committee members.
Final meeting on January 18, 2006, Committee was unable to reach consensus on recommendations; Committee Chair opted to prepare a final report.
Presented and deliberated at the City Council Quality of Life Committee meeting on April 13 and April 20, 2006.
Discussed Recommendations and issues were voted out of committee to begin ordinance development.
Ad Hoc Committee Status
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Chairman’s Report - Next Steps Recommendations need to be codified into
ordinances.
Legal implications of the TPRPRPA need to be assessed.
Funding mechanism for new program implementation needs to be identified and established.
Review and formal adoption by City Council.
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Next StepsMay 9 Water Resource Committee Meeting (Briefing on Ad Hoc Committee)
May 16 SAWS’ Board of Trustees (Briefing on Ad Hoc Committee)
May 24 Planning Commission Public Meeting
June 6 Zoning Commission Public Meeting
July 12 Planning Commission Public Hearing (action consideration)
July 18 SAWS Board of Trustees (action consideration) Zoning Commission Hearing (action consideration)
August 12 City Council “B” Session
August 24 City Council “A” Session
August 31 City Council “A” Session (contingency plan)
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Briefing on the Chairman Art Hall’s Report on Water Quality Activities and Recommendations
San Antonio Water System
Acknowledgments Larry Heimer – Real Estate CouncilDarryl Byrd – Medallion HomesMichael Berrier – Community Member Bonnie Conner – Homeowner/Community MemberRita Elizondo – Hispanic Chamber (inactive)Weldon Hammond – Professor, UTSA Water ResourcesGreg Rothe – San Antonio River AuthorityRobert Harris, AIA – AIA, San Antonio ChapterDeirdre Hisler – Texas Park & WildlifeJune Kachtik – Bexar Land TrustMary Kelly – Community (resigned)Dan Kossl – Denton CommunitiesKent Krause – SA Business Journal (inactive)Jim Mayor – Chairman, San Antonio Water System (SAWS)Kirk Patterson – CommunityDiane Simpson – North Chamber (inactive)Robyn Locke – San Antonio Board of Realtors
Our water. Our future.
Briefing on Chairman Art Hall’s Report on Water Quality Activities and Recommendations
Planning Commission 24 May 2006
Resource Protection and Compliance Department
Scott R. HaltyDirector