TCEQ Changes

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The long awaited and anticipated rule changes to the Licensed Irrigator program have been signed into law.  After thousands of man hours, cussing and discussing, the final pieces were accepted by the commissioners on June 26, 2008.  Some of the rules went into effect already, but the majority of the impact rules will take effect for enforcement purposes on January 1, 2009.  This just leaves less than six months for the irrigation industry to make changes, adjustments, and be in compliance of these new rules.

The last rule changes incorporated over 200 pages of data.  In the interest of saving time and printer ink and paper, we will list the key sections that will have a direct impact on the licensed irrigator.  If you wish to print the entire TCEQ document you will need to go to the following link:   http://www.TCEQ.state.tx.us/rules/adopt.html

More questions than answers on the TCEQ rule changes?

Do you have more questions on the TCEQ rules changes than you have answers?  List below are some informational packets that may answer some of your questions.  The TCEQ did develop an excellent piece that addresses many of these questions.  Click on the following link to view these.

 "Questions and Answers for Irrigators" (This will link you to the TCEQ website)

There are also good questions and answers for local governments.  This will help you in understanding this process from the city perspective.  The link for this is:

 "Questions and Answers for Local Governments" (This will link you to the TCEQ website)

There has been much controversy over the new position that has been created called "Irrigation Technician".  This newly created position will go into effect on January 1, 2009.  The individual who obtains this license will be authorized by the TCEQ to install the backflow device, install the irrigation system, and perform the newly required "Walk Through Check List" under the supervision of the licensed irrigator.  It is extremely important to note that effective January 1, 2010 a licensed individual will be required to be on the job site at all times.  This can either be a licensed irrigator or a licensed irrigation technician.

Water Management Specialists is in the process of obtaining TCEQ authorization to provide training for this program.  Once we have the formal authorization letter in hand, we will immediately begin teaching this course in multiple cities as well as offering  customized training .

More information on the Irrigation Technician will be posted as it is verified and confirmed.

To view the final copy of the Chapter 30 rules that will go into effect on January 1, 2009 click on the link listed below.

"30 TAC 344 in effect January 1, 2009"   (This will link you to the TCEQ website)

List below is a brief synopsis of the process, impact, and key topics of the rule changes.

AUTHORIZATION

Chapter 344 sections; 1, 23, 24, 30, 31, 33, 34, 36, 37, 38, 40, 42, 43, 50, 51, 52, 60, 61, 62, 63, 64, 65, 70, 71, 72, and 80

Texas Occupations Code 1903.053 and 1903.251

Texas Water Code 49.238

 Local Government Code 401.006

HOUSE BILL (HB) 4

HOUSE BILL (HB) 1656

SENATE BILL (SB) 3

These changes were made by the 80th Legislature, 2007.  "These adoptions address local, state and national demands for conserving and protecting the state's water resources.  Although technology and conservation methods have evolved over the years, no substantive changes have been incorporated into the existing rules since 1996.  The adopted new rules will ensure that the agency's (TCEQ) rules are up to date and consistent with statutory standards and help to ensure that the rules are effective."

ENFORCEMENT

HB 1656 directs municipalities with populations of 20,000 or more to adopt ordinances that require irrigation systems irrigators be licensed by the commission and obtain a permit before installing an irrigation system.  Municipalities must adopt standards and specifications for designing, installing, and operating irrigation systems and include rules adopted by the agency that are related to landscape irrigation. 

Municipalities may employ or contract with licensed pluming inspector or licensed irrigation inspector to enforce the ordinance.  Municipalities may collect a fee to recover costs of the program..  Municipalities must exempt on-site sewage systems, agricultural irrigation systems, and irrigation systems connected to a well and used by the property owner for domestic use.  HB 1656 allows water districts to adopt rules that meet the same criteria as municipalities, except that districts may employ or contract with a licensed plumbing inspector , licensed irrigation inspector, the district's operator, or another governmental entity to enforce the rules.

As required by HB 4 and SB 3, the commission must adopt standards no later than June 1, 2008, with an effective date of January 1, 2009.  Therefore, the adopted effective date of the repeal of he existing chapter 344 and replacement with new Chapter 344 is January 1, 2009.

KEY DATES

September 2007 - Enforcement section signed into law authorizing all cities of 20,000 or more to hire inspectors from free enterprise or add additional city inspectors.  They were authorized to charge what ever fees via fines to fund these positions.

June 26, 2008 - Final changes signed by the Commissioners court adopting all of the rule changes

January 1, 2008 - All new rules changes are put into place and will be enforced

July 1, 2008 - Irrigation Technician license required to be in place

January 1, 2010 - There shall be an Irrigation License on all job sites during the construction of the project

KEY POINTS

bulletAll cities of over 20,000 and 117 Municipal Water Districts (MUD's) shall be required to enforce the new rules via inspectors that each entity shall hire or contract with
bulletThere are two (2) new job position created:

Irrigation Inspector - A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Chapter 30 of this title.

Irrigation Technician - A person who works under the supervision a licensed irrigator to install, maintain, alter, repair, service or supervises installation an irrigation system, including the connection such system in or tow a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Chapter 30 of this title.

 

bulletAll irrigation systems that are in municipalities of over 20,000, regardless if they are residential or commercial, shall obtain a permit before installing an irrigation system.

 

bulletMinimum standards for Design of an irrigation plan

 An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed,  prior to the installation of each new irrigation system.

A paper or electronic copy of this irrigation plan must be on the job site at all times during the instillation of the irrigation system.

A drawing showing the actual installation of the system (As-Built) is due to each irrigation system owner after all new irrigation system installations.

During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigation if the variance from the plan does not:

        A.  Diminish the operational integrity of the irrigation system

        B.  Violate any requirements of this chapter

        c.  Go unnoted in red of the irrigation plan

All irrigation plans used for construction must be drawn to scale.  The maximum scale for residential is 1:30 and the maximum scale for commercial and athletic drawings shall be 1:40

In addition all plans must have:

        A.  The irrigator's seal, signature and date of signing

        B.  All major physical features and the boundaries of the areas to be watered

        C.  A north arrow

        D.  A legend

        E.  The zone flow measurement of each zone

        F.  Location and type of each:

                1.  Automatic Controller

                2.  Sensor (For example, but not limited to rain, moisture, wind, flow or freeze)

       G.  Location, type, and size of each:

                1.  Water source, such as, but not limited to a water meter and point(s) of connection  

                2.  Backflow prevention devices

                3.  Water emission device, including but not limited to spray heads, rotary sprinkler heads, quick   

                     couplers, bubblers, drip, or micro-spray

                4.  Valves, including, but not limited to, zone valves, master valves, and isolation valves

                5.  Pressure regulation component

                6.  Main line and lateral piping

        H.  The scale used

        I.  The design pressure

bulletMinimum Design and Installation Requirements

        A.  No irrigation designer installation shall require the use of any component, including the water meter

             in a way which exceeds the manufacturer's published performance

        B.  New irrigation system shall not utilize above ground spray emission devices in landscaped areas

            that are less than 48 inches not including impervious surfaces five feet in either length or width and

             which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters.

       C.  Emission devices must be installed to operate at the minimum and not above the maximum sprinkler

            head pressure as published by the manufacture for the nozzle and head spacing that is used

        D.  Piping in irrigation systems must be designed and installed so that that the flow water in the pipe

              will not exceed a velocity of five feet per second for PVC pipe

        E.  Irrigation systems shall have separate zones based on plant material type, micro-climate factors,

             topographic features, soil conditions, and hydrological requirements

        F.  Matched Precipitation Rates - Zones must be designed and installed so that of the emission

            devices in that zone irrigate at the same precipitation rate.

        G.  Irrigation systems shall not spray water over surfaces made of concrete asphalt, brick, wood,   

             stones set with mortar, or any other impervious material.

        H.  All new irrigation systems installed using PVC pipe and fittings shall be primed with colored primer

        I.  All new automatically controlled irrigation systems must include sensor or other technology

 

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