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Home My WebLink AboutPR 12178:DRINKING WT AGREEMENTinteroffice MEMORANDUM To,' From: Subject: Date: Mayor, City Council, City Manager Mark T. Sokolow CityAttomey ~ ~ P. R. No. 12178; Council Meeting of April 29, 2003 April 25, 2003 Attached is P. R. No. 12178 approving a Ddnking Water Service Agreement between the City of Port Arthur and Chevron Phillips Chemical Company, Port Arthur Plant (CP Chem). Attachment cc: Director of Utility Operations MTS/jb P. R. No. 12178 04~25~03 j b RESOLUTION NO. A RESOLUTION APPROVING A DRINKING WATER SERVICE AGREEMENT BETWEEN TH E CITY OF PORT ARTHUR AND CHEVRON PHILLIPS CHEMICAL COMPANY, PORT ARTHUR PLANT (CP CHEM) WHEREAS, CP Chem desires to be exempt from the requirements of 30 TAC Chapter 290, Subchapter F (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Systems); and WHEREAS, CP Chem is not currently subject to plumbing restrictions and inspections by the public water system; and WHEREAS, CP Chem desires to enter into a service agreement in substantially the same form as Exhibit "A", with the City in order to comply with the City plumbing restrictions and be subject to inspections by the City of Port Arthur; and WHEREAS, the City Council hereby authorizes the City Manager to execute the Service Agreement between CP Chem and the City of Port Arthur in substantially the same form as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. Section 2. That the facts and opinions in the preamble are true and correct. That the City Manager is authorized to execute the Service Agreement in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: ATTEST: MAYOR CITY SECRETARY APPROVED ASTO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: ClTY MANAGER EXHIBIT "A" Phillips R. T. Cuneo Plant Manager 2001 South Gulfway Drive. Port Arthur, Texas 77640 P. O. Box 1547 Port A~thur, Texas 77641-1547 Te/ephone: (409) 965-0731 Fax: (409) 985-0733 E-rna#: cuneortC~,cpchern, com CERTIFIED MAIL 7001 0320 0001 5268 83.~ February 10, 2003 Mr. Daniel W. Shepherd Director of Utility Operations City of Port Arthur, Texas P. O. Box 1089 Port Arthur, Texas 77641-1089 UTILITY OPERATION S _ADM. ~ Re: Drinking Water Service Agreement Between The City Of Port Arthur (the City} And Chevron Phillips Chemical Company, Port Arthur Plant (CPChem), PWS ID 1230091 Dear Mr. Shepherd: This letter is in regards to the February 4, 2003, telephone conversation that you and Robert Everett had with Mr. Jay Fox, Texas Commission on Environmental Quality, Public Drinking Water Section. The purpose of the conversation was to determine the actions required by CPChem and the City for CPChem to be exempt from the requirements of 30 TAC Chapter 290, Subchapter F (relating to Drinking Water Standards Governing Ddnking Water QualityAnd Reporting Requirements For Public Water Systems). As you know, for a water system to be exempt from the aforementioned regulations, the system must meet all of the requirements listed in §290.102(a)(1)-(5), CPChem meets all but one of these requirements. Currently CPChem is not subject to plumbing restrictions and inspections by the public water system which provides the water. Therefore, CPChem hereby requests to enter into a service agreement with the City. The agreement shall include provisions for CPChem to comply with City plumbing restrictions, and be subject to inspections by City water system personnel or their designated agent. We also request that your office initiate the attached TCEQ approved Service Agreement, or facsimile thereof, at your earliest convenience. Please contact Robert Everett at (409) 985-0948 if you have any questions. Sincerely, R. T. Cuneo Plant Manager SERVICE AGREEMENT [. PURPOSE. The CITY OF PORT ARTHUR is responsible for protecting the drinking ~vater supply fi'om contamination or pollution which could result fi'om improper private water distribution system constrnction or configuration. The purpose of this service agreement is to notify each customer of the restrictions which are in place to provide this protection. The utility enforces these restrictions to ensure the public health and welfare. Each customer must sign this agreement before the CITY OF PORT ARTHUR will begin service. In addition, when service to an existing connection has been suspended or terminated, the water system will not re-establish service unless it has a signed copy of this agreement. II. RESTRICTIONS. The following nnacceptable practices are prohibited by State regulations. A. No direct connection between the public drinking water supply and a potential sonrce of contamination is permitted. Potential sources of contamination shall be isolated fi-om the pnblic water system by an air-gap or an appropriate backflow prevention device. B. No cross-connection between the pnblic drinking water snpply 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 public drinking water supply is permitted. D. No pipe or pipe fitting which contains more than 8.0°I, lead may be used for the installation or repair of plumbing at any connection which provides water for human use. E. No solder or tlux which contains more than 0.~ percent lead can be used for the installation or repair of plumbing at any connection which provides water for human use. III. SERVICE AGREEMENT. The following are the terms of the service agreement between the CITY OF PORT ARTHUR (tbe Water System) and CHEVRON PHILLIPS CHEMICAL COMPANY (the Customer). A. The Water System will maintain a copy of this agreement as long as the Customer and/or the premises is connected to the Water System. B. The Customer shall allow his property to be inspected for possible cross--connections and other potential contamination hazards. These inspections shall be conducted by the Water System or its designated agent prior to initiating new water service; when there is reason to believe that cross-connections or other potential contamination hazards exist; or after any major changes to the private water distribution facilities. The inspections shall be conducted during the X, Vater System's normal business hours. C. The Water System shall notify the Customer in writing ofany cross-connection or other potential contamination hazard which has been identified during the initial inspection or the periodic reinspection. D. The Customer shall iinmediately remove or adequately isolate any potential cross-connections or other potential contamination hazards on his premises. E. The Cnstomer shall, at his expense, properly install, test, and maintain any backflow prevention device required by the Water System. Copies of all testing and maintenance records shall be provided to the X~Vater System. IV. ENFORCEMENT. If the Customer fails to comply with the terms of the Service Agreement, the Water System shall, at its option, either terminate service or properly install, test. and maintain an appropriate backflow prevention device at the ser~'ice connection. Any expenses associated with the enforcement of this agreement shall be billed to the Customer CH EVRON PHILLIPS CHEMICAL REPRESENTATIVE'S SIGNATURE: DATE: