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

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

24 May 2006Page 3



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

24 May 2006Page 4




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

24 May 2006Page 5




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

24 May 2006Page 6



Impervious Cover

Contributing Zone

Best Management Practices (BMP)

Major Issues Discussed

24 May 2006Page 7



Loading vs. Impervious CoverLoading vs. Impervious Cover

24 May 2006Page 8



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

24 May 2006Page 9



(Pg 3-51)

24 May 2006Page 10



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

24 May 2006Page 11



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)

24 May 2006Page 12



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

24 May 2006Page 13



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



Single Family (30%)

21% Average Impervious Cover

Multi-Family (50%)


0

100

200

300

400

500

600

700

AC

RE

S

1996 1997 1998 1999 2000 2001 2002 2003



Commercial (65%)


24 May 2006Page 14



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

24 May 2006Page 15



Contributing Zone

24 May 2006Page 16



Discussion of recommendations to protect the Contributing Zone:

Extend new recommended impervious cover limits:

20% - Residential

40% - Multi-family

50% - Commercial

Contributing Zone

24 May 2006Page 17



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

24 May 2006Page 18



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.

24 May 2006Page 19



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:

24 May 2006Page 20



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

24 May 2006Page 21



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

24 May 2006Page 22



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

24 May 2006Page 23



Additional Issues Discussed

24 May 2006Page 24



Sensitive Land Acquisition

Underground Storage Tanks

Education

Research and Development

Legislative Issues

Mitigation

Additional Issues

24 May 2006Page 25



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

24 May 2006Page 26



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.

24 May 2006Page 27



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.

24 May 2006Page 28



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

24 May 2006Page 29



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

24 May 2006Page 30



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.

24 May 2006Page 31



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)

24 May 2006Page 32



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

Documents

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