GENERAL PROVISIONS.

Austin City Code tit. 15, ch. 15-13, art. 1

in effect

Austin City Code § 15-13-1 APPLICABILITY.

§ 15-13-1 - APPLICABILITY. (A) Except as provided in Subsection (B), this chapter applies to an OWRS installed and operated on a site that includes multi-family and non-residential buildings and that receives retail water service from Austin Water or a successor department. (B) This chapter does not apply to an OWRS installed and operated on a site that: (1) receives retail water service from an entity other than Austin Water or successor department; (2) contains only one- or two-family dwellings, including detached one- and two-family dwellings and multiple single-family dwellings (townhouses); (3) reuses industrial process wastewater that is regulated under Chapter 210 Subchapter E (Special Requirements for Use of Industrial Reclaimed Water) of Title 30 of the Texas Administrative Code; or (4) reuses blackwater or domestic wastewater that is regulated under Chapters 210 (Use of Reclaimed Water) and 321 (Control of Certain Activities by Rule) of Title 30 of the Texas Administrative Code. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.

Austin City Code § 15-13-2 RULEMAKING.

§ 15-13-2 - RULEMAKING. (A) The director may adopt rules under Chapter 1-2 (Adoption of Rules) to implement, administer, and enforce this title. (B) In addition to rules, the director may: (1) issue written interpretations of this chapter as necessary to ensure this chapter is implemented in a manner consistent with applicable state and federal law; and (2) establish written procedures to implement this chapter. (C) A rule, interpretation, or procedure adopted under this chapter may address: (1) the usage, permitting, treatment, monitoring, reporting, and compliance requirements of an OWRS; and (2) other factors the director believes are necessary for the safe and effective use of an OWRS. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.

Austin City Code § 15-13-3 AUTHORITY.

§ 15-13-3 - AUTHORITY. The director administers, implements, and enforces this chapter. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.

Austin City Code § 15-13-4 DEFINITIONS.

§ 15-13-4 - DEFINITIONS. The following terms are applicable to this chapter: (1) AIR GAP means a physical separation between the free-flowing discharge end of a potable water system pipeline and an open or non-pressure receiving vessel as defined in Section 290.38 (Definitions) of Title 30 of the Texas Administrative Code. (2) ALTERNATIVE WATER SOURCE means a source of non-potable water that may include any of the following: condensate water, graywater, rainwater, stormwater, foundation drain water, and any other source approved by the director. (3) BLACKWATER means domestic wastewater. (4) CERTIFIED LABORATORY means an environmental testing laboratory certified by an accepted state accreditation program or the National Environmental Laboratory Accreditation Program. Laboratories must be certified to perform each test for which they are providing results. (5) CONDENSATE WATER means water produced in a heating, ventilation and air conditioning (HVAC) system as the result of evaporative cooling. (6) CONDITIONAL PERMIT means a permit issued under Section 15-13-11 (Conditional Permit). (7) CONDITIONAL PERMITTEE means a person who holds a conditional permit. (8) CONTINUOUS MONITORING means ongoing confirmation of system performance using sensors for continuous observation of selected parameters, including surrogate parameters that are correlated with pathogen log reduction targets (LRTs). (9) COOLING TOWER MAKEUP WATER means water added to a cooling tower to replace water lost to evaporation or blow-down. (10) CROSS CONNECTION means an actual or potential connection to a public or private water system through which it is possible to introduce contamination or pollution. (11) DIRECTOR means the director of Austin Water. (12) DISINFECTION means a physical or chemical process, including, but not limited to, ultraviolet radiation, ozonation, and chlorination that is used for removal, deactivation, or killing of pathogenic microorganisms. (13) DISTRICT-SCALE PROJECT means an OWRS for a defined service area that covers two or more lots, tracts, land uses, or site plans and may cross public rights-of-way. (14) DOMESTIC WASTEWATER means wastewater which originates primarily from kitchen, bathroom, and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers, and sinks of a residential dwelling. Domestic wastewater may contain commercial wastewater contributions. (15) EFFLUENT means water leaving one or more of the treatment unit processes in an OWRS. (16) ENFORCEABLE LEGAL AGREEMENT means a legally enforceable agreement defining the roles and responsibilities of each property owner or entity acting as a permittee, supplier, or user of an OWRS. (17) FIRST FLUSH DIVERTER means a device operated by mechanical float valves or other types of automatic control that diverts a quantity of roof runoff collected from a surface following the onset of a rain event. (18) FOUNDATION DRAIN WATER means groundwater that is extracted to maintain a building's or facility's structural integrity and would otherwise be discharged to the storm sewer. Foundation drain water does not include groundwater extracted for a beneficial use that is subject to City groundwater well regulations or to regulation by a groundwater district. (19) GRAYWATER means wastewater from showers, bathtubs, handwashing lavatories, sinks that are used for disposal of household or domestic products, sinks that are not used for food preparation or disposal, and clothes-washing machines. Graywater does not include wastewater from the washing of material, including diapers, soiled with human excreta, or wastewater that has come into contact with toilet waste. (20) LARGE DEVELOPMENT PROJECT has the meaning assigned in Section 25-9-411. (21) LEGACY SYSTEM means an OWRS installed prior to the effective date of this chapter. (22) LOG REDUCTION means the removal of a pathogen or surrogate in a unit process expressed in log units. A 1-log reduction equates to 90% removal, 2-log reduction to 99% removal, 3-log reduction to 99.9% removal, and so on. (23) LOG REDUCTION CREDIT means the log reduction value credited to a treatment technology based on the technology's ability to remove or inactivate pathogens and proposed surrogate parameter for continuous monitoring. (24) LOG REDUCTION TARGET (LRT) means the required removal efficiency for the specified pathogen group (e.g., viruses, bacteria, or protozoa) to achieve the identified level of risk to individuals (e.g., 10 -4 infections per year). (25) MONITORING REPORT means a report documenting the operation and water quality results of an OWRS permitted under this chapter. (26) NEW OWNER means the record owner of a property that includes an OWRS after the director issues the initial operating permit. (27) NON-POTABLE WATER means water that is not of drinking water quality, but which may be treated to be used for many other purposes such as irrigation, landscaping, or toilet or urinal flushing. (28) OPERATING PERMIT means a permit issued to operate an OWRS. (29) OPERATIONS AND MAINTENANCE MANUAL means a document providing comprehensive information about the OWRS operation, maintenance, and repair. (30) OWRS means an onsite water reuse system that collects, treats and uses alternative water sources for non-potable uses at the building to district or neighborhood scale, generally at a location near the point of generation. (31) PERMITTEE means a person who holds an operating permit or a conditional permit. (32) PROCESS WATER means water used during manufacturing or processing that is not required to be of drinking water quality. (33) PROJECT APPLICANT means the person applying for an operating permit before installing an OWRS. (34) RAINWATER means precipitation or diffused surface water collected from roof surfaces or other above ground structures. (35) RECLAIMED WATER means domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, but that is not suitable for drinking. (36) RECORD OWNER means the owner of real property as shown by the deed records of the county in which the property is located. (37) SITE SUPERVISOR in a district-scale project means the qualified person or entity designated by a user or a supplier to oversee the operation and maintenance of the on-site distribution system and collection system and to act as a liaison to the treatment system manager and permittee. (38) SMALL DEVELOPMENT PROJECT has the meaning assigned in Section 25-9-411. (39) STORMWATER means precipitation or diffused surface water collected from surfaces at or below grade before it enters the bed and banks of a state watercourse or state water body. (40) SUPPLIER means an entity that supplies an untreated alternative water source to the OWRS for treatment and reuse. A supplier may also be a permittee or user. (41) SURROGATE PARAMETER means a measurable physical or chemical property that has been demonstrated to provide a direct correlation with the concentration of an indicator compound, can be used to monitor the efficiency of trace organic compounds removals by a treatment process, and provide indication of a treatment process failure. (42) TREATMENT UNIT PROCESS means a physical, chemical or biological system that is intended to improve water quality. Examples include filtration, oxidation, adsorption, disinfection, and membrane filtration. (43) TREATMENT SYSTEM MANAGER means the qualified person or entity responsible for the daily management and oversight of the OWRS. (44) USER means an entity that accepts treated water from an OWRS for beneficial purposes within its area of occupancy. A user may also be a permittee or supplier. (45) VALIDATION REPORT means a report documenting a detailed technology evaluation study that was conducted to challenge the treatment technology over a wide range of operational conditions. (46) WATER BALANCE CALCULATOR means the calculator tool approved by the director that provides for the assessment of both potable and non-potable water demands as well as alternative water supplies for a development project. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 2, 4-1-24.

Austin City Code § 15-13-5 ALLOWED ALTERNATIVE WATER SOURCES.

§ 15-13-5 - ALLOWED ALTERNATIVE WATER SOURCES. (A) Under this chapter, the following alternative water sources may be used to supply an onsite water reuse system: (1) Condensate water; (2) Rainwater; (3) Stormwater; (4) Graywater; and (5) Foundation drain water. (B) The director may approve other alternative water sources under the variance procedure described in Article 7 (Variances). Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.

Austin City Code § 15-13-6 ALLOWED USES.

§ 15-13-6 - ALLOWED USES. (A) Under this chapter, an OWRS may provide the following non-potable end uses: (1) Indoor Use: (a) Toilet and urinal flushing; (b) Clothes washing in washing machines; (c) Trap priming; (d) Indoor decorative water features; and (e) Fire protection. (2) Outdoor Use: (a) Subsurface irrigation; (b) Drip or other surface non-spray irrigation; (c) Spray irrigation; (d) Outdoor decorative water features; (e) Cooling applications; and (f) Dust control or street cleaning. (B) The director may approve other uses of alternative water sources under the variance procedure described in Article 7 (Variances). Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.

Austin City Code § 15-13-7 DEVELOPMENT PROJECT REQUIREMENTS.

§ 15-13-7 - DEVELOPMENT PROJECT REQUIREMENTS. (A) This subsection applies to a large development project subject to Section 25-9-414 (Onsite Water Reuse System Requirement). (1) A project applicant shall design and construct the OWRS as required by this subsection. (2) A permittee shall maintain and operate the OWRS as required by this subsection. (3) Except as provided by Subdivision (4), an OWRS must provide the following non-potable end uses: toilet and urinal flushing, irrigation, and cooling applications. (4) An OWRS for a project that includes four or more multi-family buildings for which the floor-to-area ratio is less than one is only required to provide irrigation as a non-potable end use. (5) To the extent required by the water balance calculator approved for the project, rainwater and condensate water are the only alternative water sources required in the OWRS and must be collected in a single tank and reused for non-potable uses. (B) This subsection applies to a small development project subject to the cooling towers standards of Section 25-12-133 (Local Amendments to the Uniform Mechanical Code). (1) A project applicant shall design and construct the OWRS as required by this subsection. (2) A permittee shall maintain and operate the OWRS as required by this subsection. (3) To the extent required by the water balance calculator approved for the project, the collection and reuse of condensate water shall be used for make-up water for evaporative cooling towers if the small development project includes an evaporative cooling tower system with a combined cooling capacity of 100 tons or more. (C) An applicant for a development project described in Subsections (A) or (B) shall use the water balance calculator to prepare a project summary assessing the amount of alternative water produced on site by the required alternative water sources and the amount of alternative water needed to supply the required non-potable uses. (D) If, based on the water balance calculator project summary, the available supply from required alternative water sources exceeds the demand from required non-potable uses, 100 percent of that demand shall be met by using the required alternative water sources. (E) If, based on the water balance calculator summary, the available supply from required alternative water sources is less than the demand from required non-potable uses, 100 percent of the available supply from required alternative water sources shall be used to meet the demand from required non-potable uses. (F) Small or large development projects may use reclaimed water or other allowed alternative water sources specified in Section 15-13-5 (Allowed Alternative Water Sources) to meet required non-potable uses required by this section so long as the reclaimed water or other alternative water sources provide an equivalent or greater amount of non-potable water as the required alternative water sources identified in the water balance calculator project summary. (G) This subsection applies to small development projects and large development projects. (1) A record owner shall pay a fee, set by separate ordinance, for excess usage of retail water provided by Austin Water. (2) Excess usage of retail water occurs when a development project uses retail water in an amount that exceeds the amount of allowable makeup water. (3) A development project's allowable make-up water is retail water in an amount established by the water balance calculator approved for the development project. (4) The fee established under this subsection must be based on Austin Water's cost to provide retail water that is not recovered by another fee. Source: Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-8 PRE-CONSTRUCTION AND INSTALLATION REQUIREMENTS.

§ 15-13-8 - PRE-CONSTRUCTION AND INSTALLATION REQUIREMENTS. (A) Before constructing or installing an OWRS, a person shall apply for an operating permit if required in Section 15-13-9 (Operating Permit Required; Exceptions). (B) Before constructing or installing an OWRS, a person shall also obtain any approvals or permits required under Title 25 (Land Development Code). (C) Before constructing or installing an OWRS, a person shall also obtain appropriate authorization for placement of any piping or other portions of an OWRS that must be located within the public right-of-way. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-9 OPERATING PERMIT REQUIRED; EXCEPTIONS.

§ 15-13-9 - OPERATING PERMIT REQUIRED; EXCEPTIONS. (A) Except as provided in Subsection (B), a person may not operate an OWRS without an operating permit. (B) An operating permit is not required if the OWRS is a legacy system that is not modified or expanded to include a new allowable alternative water source or new allowable end use. (C) A person who operates a legacy system must obtain a permit before modifying or expanding the legacy system. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pts. 3, 4, 4-1-24.

Austin City Code § 15-13-10 PERMIT APPLICATION.

§ 15-13-10 - PERMIT APPLICATION. (A) A project applicant who submits an application for an operating permit must provide the following items to the director: (1) a water balance calculator that includes: (a) a description and location of the proposed or existing OWRS; (b) a summary of water demands and supplies; (c) user and supplier data; (d) any other information required by the director; and (2) the application fee that is set by separate ordinance; and (3) an engineering report that is on a form approved by the director and prepared by a qualified engineer licensed in Texas and experienced in the field of water and wastewater treatment. (B) An application for an operating permit expires one year from the date of submittal if the engineering report has not been approved. If the engineering report is approved, an application for an operating permit expires three years from the date of approval of the engineering report. A new application is required if the application expires. (C) The director will not review an application, including the engineering report, until after the application fee is paid. (D) The director may request revisions to initial and subsequent engineering report submittals. (E) The record owner must sign the application. (F) A record owner or the record owner's agent may file an application for an operating permit. The director may require a project applicant to provide evidence of the applicant's authority to file the application. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pts. 3, 5, 4-1-24.

Austin City Code § 15-13-11 INITIAL OPERATING PERMIT.

§ 15-13-11 - INITIAL OPERATING PERMIT. (A) The director may issue the initial operating permit after the engineering report and any updates are approved, if the OWRS is constructed in accordance with Title 25 (Land Development Code), the project applicant pays the annual permit fee, and the project applicant provides: (1) a finalized operations and maintenance manual that complies with the requirements set forth in Section 15-13-52 (Operations and Maintenance Manual); (2) evidence of a contract with the designated treatment system manager who meets the requirements in Section 15-13-51 (Treatment System Manager Capacity); (3) evidence of a contract with a certified laboratory to perform water quality analysis if monitoring and sampling of the OWRS is required by Section 15-13-42 (Monitoring and Sampling); (4) evidence of satisfactory performance of an initial cross connection test overseen by certified personnel from Austin Water's Special Services Division or other certified personnel as determined by the director; (5) a signed and sealed engineer's letter stating that the OWRS was constructed in accordance with the approved engineering report, professionally sealed plans, specifications, and applicable sections of state and local code; (6) evidence that the OWRS performs consistent with the approved engineering report if the director issued a conditional permit under Section 15-13-12 (Conditional Permit); and (7) for district-scale projects only, an executed enforceable legal agreement as described in Section 15-13-62 (Enforceable Legal Agreement). (B) Before a project applicant provides an engineer's letter that complies with Subsection (A)(5), the engineer who will seal the letter that complies with Subsection (A) (5) must conduct a construction verification inspection of the OWRS in the presence of the director and the project applicant must correct any deficiencies identified during the construction verification inspection. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pts. 3, 6, 4-1-24.

Austin City Code § 15-13-12 CONDITIONAL PERMIT.

§ 15-13-12 - CONDITIONAL PERMIT. (A) Before the director issues the initial operating permit, the director may issue a conditional permit to determine whether the OWRS performs consistent with the approved engineering report. (B) A conditional permit is effective for 90 days unless otherwise specified by the director. (C) A conditional permittee must: (1) field verify treatment processes, instrumentation, water quality sampling, and any other aspects of the OWRS that are specified by the director; (2) comply with the applicable requirements in Article 4 (Monitoring, Sampling, Reporting, and Notification Requirements); and (3) comply with applicable requirements in Article 5. (D) Except as provided in Subsection (E), if the OWRS does not perform consistent with the approved engineering report, the director may reissue the conditional permit. (E) If the OWRS does not perform consistent with the approved engineering report by the 361 st day after the initial conditional permit was issued: (1) the director may not reissue a conditional permit or an operating permit; and (2) the project applicant must submit a new application that describes how the existing treatment design or instrumentation will be modified so that the OWRS will perform consistent with the approved engineering report. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-13 OPERATING PERMIT CONDITIONS.

§ 15-13-13 - OPERATING PERMIT CONDITIONS. (A) A permittee shall comply with Article 4 (Monitoring, Sampling, Reporting, and Notification Requirements). (B) Depending on the treatment processes used in the OWRS, the director may authorize a permittee to minimize or eliminate water quality sampling requirements if the permittee continuously monitors treatment system performance via surrogate parameters as detailed in Article 4 (Monitoring, Sampling, Reporting and Notification Requirements). (C) The OWRS must meet all requirements of this chapter. (D) An operating permit is valid for one year from the date it is issued. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-14 OPERATING PERMIT RENEWAL.

§ 15-13-14 - OPERATING PERMIT RENEWAL. (A) A permittee shall renew an OWRS' operating permit annually. (B) A permittee must submit a renewal application and pay the annual license fee at least 60 days prior to the day the existing operating permit expires. (C) In reviewing the application, the director may require additional information or actions so that the OWRS meets the requirements of this chapter. (D) The director may deny a renewal application if the permittee fails to take required actions or pay the annual license fee. (E) If the director denies the renewal application, the OWRS may not operate. (F) The director may take any enforcement action set out in Article 8 if a person operates an OWRS without an active operating permit. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-15 PERMIT AMENDMENTS AND STRUCTURAL MODIFICATION.

§ 15-13-15 - PERMIT AMENDMENTS AND STRUCTURAL MODIFICATION. (A) A permittee may not modify the structural components of an OWRS or a structure that is connected to the OWRS until the director and, if applicable, the director of the Development Services Department or successor department approve the modifications. (B) A permittee must obtain an amended operating permit before the permittee: (1) changes source water, end uses, end users, treatment, suppliers, or other system components; or (2) increases the production of alternative water. (C) The director may amend an operating permit when: (1) a permittee submits a request to amend the permit; or (2) the director determines that an amendment is required to protect the public health and safety. (D) A request to amend an operating permit or to modify structural components must be on a form approved by the director and the applicant must pay a fee that is set by separate ordinance. (E) A request described in Subsection (D) that includes a change to the treatment system process train and the change will affect the calculation of log reduction credits, must also include an engineering report sealed by a qualified engineer licensed in Texas. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-16 CHANGE OF OWNERSHIP.

§ 15-13-16 - CHANGE OF OWNERSHIP. (A) Before a permittee transfers the property with an OWRS, the permittee must: (1) notify the director of the proposed transfer at least 30 days before the date of transfer; and (2) inform the new owner what this chapter requires. (B) A new owner shall submit a completed change of ownership form within 30 days from the date the property transfers from the permittee to the new owner. (C) If the director finds that the OWRS will operate in a manner that is inconsistent with the approved engineering report and operating permit, the director may require the new owner to amend the operating permit as set forth in Section 15-13-15 (Permit Amendments and Structural Modifications). (D) A new owner becomes the permittee on the date the property transfers and is responsible for complying with this chapter. This applies even if the new owner fails to submit a completed change of ownership form. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-17 FEES.

§ 15-13-17 - FEES. Fees assessed under this chapter shall be set by council under a separate ordinance. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Austin City Code § 15-13-18 DOCUMENT SUBMITTALS.

§ 15-13-18 - DOCUMENT SUBMITTALS. A person, permittee, project applicant, or engineer required by this chapter to submit a document shall submit the document to the director. Source: Ord. No. 20201210-006, Pt. 2, 12-21-20; Ord. No. 20240307-003, Pt. 3, 4-1-24.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-13REONWARESY_ART1GEPRFetched: 10/27/2026