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Briefing on Chairman Art Halls Report on Water Quality Activities and Recommendations Planning Commission 24 May 2006 Resource Protection and Compliance.

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Presentation on theme: "Briefing on Chairman Art Halls Report on Water Quality Activities and Recommendations Planning Commission 24 May 2006 Resource Protection and Compliance."— Presentation transcript:

1 Briefing on Chairman Art Halls 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

2 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 1 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

3 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 2 Mayors 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

4 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 3 Mayors 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

5 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 4 Mayors 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

6 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 5 Impervious Cover Contributing Zone Best Management Practices (BMP) Major Issues Discussed

7 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 6 Loading vs. Impervious Cover

8 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 7 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

9 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 8 (Pg 3-51)

10 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 9 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

11 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 10 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)

12 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 11 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

13 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 12 Development on the EARZ in Bexar County Single Family (30%) 21% Average Impervious Cover Multi-Family (50%) 31% Average Impervious Cover Commercial (65%) 55% Average Impervious Cover

14 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 13 SAWS recommends averages that allow for additional aquifer protection and consider legal implications: 20% - Residential 40% - Multi family 50% - Commercial Committee deliberated this recommendation which resulted in partial agreement. No consensus: Committee became polarized on the two viewpoints. Impervious Cover

15 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 14 Contributing Zone

16 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 15 Discussion of recommendations to protect the Contributing Zone: Extend new recommended impervious cover limits: 20% - Residential 40% - Multi-family 50% - Commercial Contributing Zone

17 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 16 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

18 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 17 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.

19 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 18 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 BMPs SAWS identified the following issues:

20 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 19 3.The Aquifer Water Quality Ordinance (No ) 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

21 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 20 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

22 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 21 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 made to enhance the BMP part of the program. BMPs

23 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 22 Additional Issues Discussed

24 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 23 Sensitive Land Acquisition Underground Storage Tanks Education Research and Development Legislative Issues Mitigation Additional Issues

25 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 24 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

26 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 25 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.

27 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 26 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.

28 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 27 Mitigation Art Halls 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

29 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 28 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, Discussed Recommendations and issues were voted out of committee to begin ordinance development. Ad Hoc Committee Status

30 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 29 Chairmans 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.

31 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 30 Next Steps May 9Water Resource Committee Meeting (Briefing on Ad Hoc Committee) May 16SAWS Board of Trustees (Briefing on Ad Hoc Committee) May 24Planning Commission Public Meeting June 6Zoning 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)

32 Briefing on the Chairman Art Halls Report on Water Quality Activities and Recommendations San Antonio Water System 24 May 2006 Page 31 Acknowledgments Larry Heimer – Real Estate Council Darryl Byrd – Medallion Homes Michael Berrier – Community Member Bonnie Conner – Homeowner/Community Member Rita Elizondo – Hispanic Chamber (inactive) Weldon Hammond – Professor, UTSA Water Resources Greg Rothe – San Antonio River Authority Robert Harris, AIA – AIA, San Antonio Chapter Deirdre Hisler – Texas Park & Wildlife June Kachtik – Bexar Land Trust Mary Kelly – Community (resigned) Dan Kossl – Denton Communities Kent Krause – SA Business Journal (inactive) Jim Mayor – Chairman, San Antonio Water System (SAWS) Kirk Patterson – Community Diane Simpson – North Chamber (inactive) Robyn Locke – San Antonio Board of Realtors

33 Our water. Our future. Briefing on Chairman Art Halls Report on Water Quality Activities and Recommendations Planning Commission 24 May 2006 Resource Protection and Compliance Department Scott R. Halty Director


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