ORD 2008-22TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-22
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES
ENTITLED "BUILDINGS AND CONSTRUCTION' OF ARTICLE
XV, ENTITLED "SWIMMING POOLS"; BY AMENDING SECTION
15.01 "DEFINITIONS"; BY AMENDING SECTION 15.02
"APPLICABILITY AND PROHIBITED CONDUCT"; AND BY
AMENDING SECTION 15.04 (1) "DRAINING OF SWIMMING
POOLS"; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is
a Home Rule municipality acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution; and
WHEREAS, on April 16, 2007, the Town Council adopted Ordinance
No.2007-16, establishing "Swimming Pool Regulations" for the Town of Trophy
Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No.
2007-16 which is codified in Article XV entitled "Swimming Pools" of Chapter 3 of
the Code of Ordinances entitled "Buildings and Construction" in order to be
consistent with current law and standards regulating discharges from swimming
pools and in order to protect the health, safety, and welfare of the citizens of the
Town;and
WHEREAS, the Town Council of the Town of Trophy Club, Texas
recognizes the need to protect the environment; and
WHEREAS, the Town Council has determined it appropriate to amend
Sections 15.01, 15.02 and 15.04 of Article XV of Chapter 3 as more fully set forth
herein; and
WHEREAS, the Town Council hereby finds that the regulations
established herein are in the best interest of the health, safety and general
welfare of the citizens of the Town.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are
incorporated into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
Section 15.01, entitled "Definitions", shall be and read in its entirety as follows:
"Section 15.01 Definitions
Unless otherwise provided for herein, the following terms shall have the
respective meanings ascribed to them:
Aboveground Swimming Pool: A structure in which the entire
construction is above ground, or if partly above and partly below -ground,
the top of the receptacle basin is at least twenty-four inches (24") above
ground.
In -Ground Swimming Pool: A structure intended for swimming or
recreational bathing that contains water over twenty-four inches (24") deep
and has a capacity of over seven hundred (700) gallons that is dug into
the ground.
Kiddie Pool or Wading Pool: Any deflatable, portable or temporary
special purpose pool or receptacle set aside primarily for use by children
with a depth no greater than twenty-four inches (24").
Non -Maintained: The failure to keep water clean, bacteria and insect free
by chemical or mechanical means.
Permitting Department: The Permitting Department of the Town of
Trophy Club, Texas.
Person: An individual, firm, corporation, partnership, sole proprietorship or
any other entity recognized in law.
Spa: A hydro -massage pool or tub, including but not limited to hot tubs,
whirlpool baths and tubs and Jacuzzi -type tubs or baths, for recreational
or therapeutic use, not located in a health-care facility, designed for
`,
immersion of users and usually having a filter, heater, and motor -driven
blower. The spa is intended for recreational bathing and contains water
over twenty-four inches (24") deep.
Stagnant: Standing or non -flowing water.
Surface Waters: Water collecting on the ground or in a stream, river,
lake, wetland, or ocean.
Swimming Pool: Any structure intended for swimming or recreational
bathing that is designed to contain water over twenty-four inches (24")
deep and has a capacity of over seven -hundred (700) gallons. This
includes inground, aboveground and on -ground swimming pools. As used
in this Article the term is limited to pools which are fitted with a filter for
clarifying pool water, or which are designed to be fitted with a filter,
whether installed or not. The term shall not include facilities located inside
a residence, storable pools designed for seasonal setup and use which
are stored at the end of the swimming season, or spas installed on decks
or porches if a fitted hard cover designed to prevent entry is maintained in
place at all times when the spa is not in use.
Swimming Pool Filter Backwash: Normal filter backwash water from
both public and private swimming pools as well as spas with backwash
filter facilities.
Unsanitary: Not free from elements, such as filth or pathogens that
endanger health and hygiene."
2.02 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
subsections (A) and (E) of Section 15.02, entitled "Applicability and Prohibited
Conduct' shall read in their entirety as follows and all other subsections of
Section 15.02 shall remain the same:
"Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas
hereafter constructed, erected, or maintained, and shall also apply to all
existing pools and spas which have a depth greater than twenty four
inches (24") of water at any point, except as specifically prohibited in
Subsection F. It shall be unlawful for any person to violate any provision of
this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying
or having supervision or control of any swimming pool to permit the
drainage of any swimming pool filter backwash and/or spent
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diatomaceous earth to the storm drainage system, to surface waters, or to
adjacent public or private property."
2.03 Article XV, entitled "Swimming Pools" of Chapter 3 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
Section (1), entitled "Draining of Swimming Pools" of Section 15.04 entitled
"Swimming "Pools" is hereby amended to be and read in its entirety as follows:
"Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. All backwash or drainage from a swimming pool shall discharge into
the sanitary sewer system. An indirect connection shall be made by
means of an air break discharging into a tail piece installed a
minimum of 6" or 152 mm above adjacent grade. The tailpiece shall
be connected to a minimum 3" or 76 mm p -trap not less than 12"
(304 mm) below grade which discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have
until June 15, 2010 to comply with subsection 1 above or to obtain a
Compliance Permit in accordance with subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above,
Owners of pools built or permitted prior to July 1, 2005, may obtain
approval for an alternate disposal process for all swimming pool
backwash. An application for approval of an alternate disposal
process may be obtained from the Town's Permitting Department.
The Compliance Permit shall not allow for any backwash or drainage
water to be pumped or drained directly or indirectly to adjacent public
or private property, including without limitation, streets, storm sewers
or surface waters. The Compliance Permit may allow for drainage if
drainage remains on the Permittee's property and Permittee properly
disposes of all filter backwashes into the trash as required by the
Compliance Permit. Additionally, the Compliance Permit may allow
for the drainage of de -chlorinated water to the curb and gutter in
accordance with the requirements of the Compliance Permit.
4. Failure to comply with this Section shall be unlawful and shall
constitute a violation of this Article."
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances relating to
swimming pools and shall not repeal any of the provisions of such Ordinances
except for those instances where there are direct conflicts with the provisions of
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this Ordinance and Ordinance No. 2007-16. In the event that there is a conflict
between the provisions adopted via this Ordinance and those contained in
Ordinance No. 2007-16, the provisions of this Ordinance shall control and the
conflicting provisions of Ordinance No. 2007-16 are hereby repealed. Ordinances
or parts thereof in force at the time this Ordinance shall take effect and that are
inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action,
claim or lawsuit which has been initiated or has arisen under or pursuant to
Ordinance No. 2007-16, on the date of adoption of this Ordinance shall continue
to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly
saved as to any and all violations of the provisions of any other Ordinance
affecting swimming pool regulations which have secured at the time of the
effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under
such Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof
shall be fined, upon conviction, in an amount not more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each
day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
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The Town Secretary of the Town of Trophy Club is hereby directed to
publish, the Caption, Penalty and Effective Date of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION B.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in the ordinance records of the Town and as
required by Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption
and publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the
18th day of August 2008.
L^�ii2'J`
Mayor, Nick Sanders
Town of Trophy Club, Texas
Effective
Date:
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V )o I ��J i -,pF TROP
Town Secretary, Lisa Hennek �� S�
Town of Trophy Club, Texas o
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APPROVED TO AS FORM:
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Town Attorney, Patricia Adams
Town of Trophy Club, Texas
R
TOWN OF TROPHY CLUB
100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262
Ofc: 682-83146801 Fax: 817-490-0705
COMPLIANCE PERMIT TO
DISCHARGE SWIMMING POOL WATER
ORDINANCE NO. 2008 -
APPLICANT'S NAME:
APPLICANT'S ADDRESS:
CONTACT INFORMATION:
FILTRATION SYSTEM FOR POOL:
POOL SERVICE COMPANY:
PHONE:
Name Address Phone
By signature below, I hereby agree to comply with the provisions outlined in Town
Ordinance 2008 -XX, which states in part:
1. It shall be unlawful for any Person owning, leasing, claiming, occupying or
having supervision or control of any swimming pool to permit drainage of any
swimming pool filter backwash and/or spent diatomaceous earth to the storm
drainage system, to surface waters, or to any adjacent public or private
property or to permit drainage of any swimming pool water to overflow onto a
neighbor's property or to any surface waters.
2. Draining on your own property - The filter backwash water must be
collected, contained and discharged to the sanitary sewer, if available, or to a
vegetated area contained within your property, using sandbags or berms, as
necessary. Cartridge filters should be rinsed in a sink, bathtub, or over a
lawn or other vegetated area. Do not discharge onto saturated soils or areas
where there has been a recent application of herbicides, pesticides, or
fertilizers. Allow sufficient area to prevent the ponding of water. Collect
materials (such as spent diatomaceous earth filter media) on a filter cloth
placed over the discharge surface and then throw the filter cloth and filter
media in the trash upon completion of filter cleaning.
3. Draining dechlorinated pool water to the curb and gutter - Prior to
draining pool water, the pH level (between 6.5 and 8.5) shall be neutralized,
and the chlorine or other disinfectant residual shall be at or below 0.01 parts
per million (ppm). The chlorine may be allowed to naturally dissipate over 3
to 5 days or a chemical dechlorinator shall be added to reach the desired
level for dechlorinization. Typical pool chlorine level is 2 to 4 ppm.
Discharged pool water shall be free of any chemicals in toxic amounts,
including but not limited to chlorine, bromine, hydrogen peroxide based
products, copper, silver, algaecides, fungicides, soda ash, cyanuric acid and
muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa
water treated with an ionizer or mineral purifiers shall not be discharged to
the curb and gutter. If using a discharge hose to drain pool water, the hose
shall be long enough to reach the curb to prevent soil erosion. This method
shall only be allowed when there are no flooding problems on your street.
4. Drain to sewer clean-out — Residences without capabilities to drain and
contain pool filter backwash onto their property or who do not obtain a
Compliance Permit, shall have their systems retrofitted to connect to the
sanitary sewer collection system via their cleanout.
Signature of Permit Holder
Permitting Official Signature
Date
Date
FAQ's - Frequently Asked Questions
Is draining and backwashing a pool considered the same?
No. Draining a pool is when pool water is pulled directly from the pool bypassing the filter
system. Backwashing is when water is being pulled from/through the filter, to clean the
pool's filter. The purpose of backwashing is to clean the filter system and remove any
contamination including the filter media, whether it is sand or diatomaceous earth.
May I backwash my pool to the street?
Backwashing to the street is not allowed. Backwashing shall be sent to the sanitary
sewer by means of the cleanout usually located next to the foundation, either in the front
or backyard OR you can backwash onto your own lawn/property provided the backwash
and all of its contents remains on your property and does not run onto another's property,
to the street or to any surface water. All filter media from backwashing shall be bagged
and put in the trash.
May I drain my pool to the street?
You may drain your dechlorinated pool water to the street as long as the pH level of the
water is neutralized (between 6.5 and 8.5), and the chlorine or other disinfectant residual
is at or below 0.01 parts per million (ppm). Discharged pool water shall be free of any
chemicals in toxic amounts, including but not limited to chlorine, bromine, hydrogen
peroxide based products, copper, silver, algaecides, fungicides, soda ash, cyanuric acid
and muriatic acid and shall be free of debris, algae, or vegetation. Pool or spa water
treated with an ionizer or mineral purifiers shall not be discharged to the curb and gutter.
A compliance permit to discharge swimming pool water shall be obtained PRIOR TO
draining to the street.
>, How would Igo about retrofitting my system to backwash to the sanitary sewer?
If you currently backwash to the street and need to equip your system to backwash to the
sanitary sewer, a line will need to be installed to run directly from your pool pump to the
sanitary sewer cleanout. A direct connection to the cleanout, the house's lateral line, or
the Town's main sewer line is not allowed. Instead a p -trap shall be installed at the
house cleanout with a minimum 6" inch air gap between the p -trap and the pool
discharge line.
I currently backwash to the street, what are of my options?
First option is retrofit your discharge line to backwash to the sanitary sewer (see above).
Second option is to backwash onto your own property (described above) Third option is
to have your pool filter system changed out to a more self-contained system that does not
require backwashing; i.e. ???.
What if my pool service handles all my pool needs?
Your pool service should be very familiar with these regulations, as most cities have
already put these practices into place. If they have additional questions, have them
contact Mary Moore, Environmental Coordinator at 682.831.4685.
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