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HomeMy WebLinkAbout11. State Mandated Water Waste ProhibitionsReceive and File Update on State Mandated Water Waste Prohibitions September 23, 2014 the City and its residents) to increase water conservation efforts focusing on reducing outdoor water use which in some cases can make up more than 50% of one's daily water use. The State Water Board is requiring minimum actions to conserve water supplies for 270 days, unless later extended or reduced, as summarized below. State Mandated Water Waste Prohibitions Except where necessary to address an immediate health and safety need or to comply with term or condition in a permit issued by a state or federal agency, State Water Board prohibitions Include: • No potable water irrigation runoff onto adjacent property, non- irrigated areas, private and public walkways, roadways, parking tots, or structures • No washing of motor vehicles with a hose unless hose is equipped with a shut -off nozzle or similar shut -off device • No wash down of driveways and sidewalks I • No use of potable water in a fountain or other decorative water feature, unless equipped with a recirculating system The State has made non- compliance with such State Water Board prohibitions punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Additionally, the State Water Board is requiring urban water suppliers such as the City of Downey to implement the stage of its water shortage contingency plan that imposes mandatory restrictions on outdoor potable water irrigation (or) limit outdoor potable water irrigation to no more than two days per week (or) implement other mandatory conservation measure(s) intended to achieve comparable reduction in water usage relative to the amount used in 2013. In support of these measures, urban water suppliers are required to submit monitoring reports to the State Water Board each month while the regulations are in effect which is currently set at 270 days unless the State Water Board determines that the regulations are no longer necessary or extends the regulations due to continued drought DISCUSSION Existing Citv Water Use Restrictions In response to past droughts, the City previously implemented the first stage of its water shortage contingency plan and in so doing, added water use restrictions to the City of Downey Municipal Code that not only addressed the droughts of years past but also formed the framework for prudent and responsible water use by the City and its water customers today. These City water use restrictions, as previously established by Ordinance No. 925 and 2 Receive and File Update on State Mandated Water Waste Prohibitions September 23, 2014 c i which are still active today, include the four State Mandated Water Waste Prohibitions as well as several others as summarized below and attached in their entirety (see Exhibit' A "). Landscape Irrigation • Landscape irrigation with potable water limited to hours of 4:00 p:m. to 10:00 a.m. on designated irrigation days with exceptions made for golf courses; parks, school grounds, recreational fields, commercial nurseries, and landscape contractors • ' Reclaimed /recycled water irrigation permitted on any day • Watering permitted at any time if hand -held hose equipped with shut -off nozzle, faucet- filled bucket of five gallons or less, or drip irrigation is used • Properties with even and odd numbered addresses limited to irrigating on even and odd numbered days of the month respectively with exceptions made for situations determined unfeasible in which case irrigating permitted on Mondays, Wednesdays, and Fridays • No irrigation runoff from landscaped areas onto adjoining streets, sidewalks, or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering Exterior Washing • No washing of buildings, facilities, equipment, autos, trucks, trailers, boats, airplanes, and other mobile equipment except where a hand -held hose equipped with a shut -off nozzle or similar shut -off device for quick rinses is used • Washing permitted any time on the immediate premises of a commercial car wash • Washings exempted from restrictions where health, safety, and welfare of the public is contingent upon frequent vehicle, or other facility or equipment cleaning • No wash down of sidewalks, driveways, parking areas, patios, or other paved areas except to alleviate fire, sanitation, or health hazards {ornamental /Recreational • Filling and refilling of swimming pools and spas is discouraged and if necessary, only permitted between 6:00 p.m. and 6:00 a.rn. • Filling and refilling of ponds, fountains, and artificial lakes is discouraged and recycling of water encouraged 3 I Receive and File Update on State Mandated Water Waste Prohibitions September 23, 2014 OtherlLeaks • No use of fire hydrant water except for firefighting, public health, safety, and welfare activities • No flushing of water mains except as necessary to protect public health • No serving of water at restaurants unless requested • Leaks to be repaired as soon as discovered and not allowed to continue for more than 48 hours The same City water use restrictions related to irrigation and wash down runoff are also prohibited by the City's recently adopted storm water and urban runoff ordinance which was established to comply with the California Regional Water Quality Control Board's Municipal Separate Storm Sewer System (MS4) permit. Past Measures i Over the years, the City has moved to help ensure the reliability of its local water supplies by implementing operational and water conservation measures which have allowed it 'to reduce its per capita water usage from 180+ gallons per capita per day (gpcd) in the 1980's to 130+ gpcd today: Some of these measures include: • Eliminating use of less reliable and more expensive Metropolitan Water District of Southern California (MWD) imported water which comes from the environmentally sensitive and in- demand State Water Project and Colorado River • Switching to 100% groundwater for drinking water supplies • Becoming one of the largest users of recycled water in the Gateway Cities area at over 800 acre -feet per year (AFY) through extension of water mains and retrofit of City and development facilities • Establishing a usage- weighted (approx. 78% usage and 22% fixed) water rate structure with multiple tiers proven equitable and effective in promoting water conservation as seen by flat water usage between this year and last despite an expanding economy and increase in development locally • Adoption of the latest green and efficiency building standards requiring the latest in terms of conservation fixtures, irrigation, controllers, etc. • Implementation of storm water and urban runoff infiltration and storage Best Management Practice (BMP) requirements at over 1,300 sites augmenting local groundwater aquifers and supplies 4 i Receive and Fite Update on State Mandated Water Waste Prohibitions September 23, 2014 • i Working with several surrounding Cities as the core group instrumental in achieving an amendment to the Central Groundwater Basin Judgment (Judgment Amendment) allowing for agencies such as Downey to store water underground for later use • Purchasing and "storing 500 AF of excess imported water which is now recognized as stored groundwater as a result of the recent Judgment Amendment Despite past measures taken, California is in a prolonged drought, and the State Water Board is therefore requiring water providers and water users, such as the City and its residents, to increase water conservation efforts further, focusing on reducing outdoor water use, In response, the City has begun implementation of the following measures. Current Measures • Reviewing and adjusting water use at City facilities wherever feasible • Construction of 3,200 feet of 12 -inch recycled water main as part of the ongoing Lakewood Boulevard project and 600 feet of 8 -inch recycled water main as part of the ongoing Firestone Boulevard east water improvement for irrigation of City medians and parkways along with irrigation and potential dual plumbing at upcoming developments • Construction of over 2,500 feet of 12 -inch recycled water main as part of the Promenade at Downey development project for landscape irrigation and dual plumbing where approved • Replacement of old, redundant water mains and old water services lines prone to leaking as part of recently completed and ongoing Brookshire Avenue; Columbia Way, Firestone Boulevard West, Firestone Boulevard East, and Lakewood Boulevard water improvements • Replacement of old water meters with new remote -read water meters to help improve water usage tracking and meter reading efficiency on recently completed and ongoing water improvement projects listed above • Updating water conservation literature available at City facilities as well as the City website (http;ll down ea or 7) to include links to rebate opportunities, links to the State Water Waste Prohibition mandates and associated information (see "Exhibit "B" for example), links to the City's water use restrictions (see Exhibit "A"), links to water conservation tips (see Exhibit "C" for example), and Frequently Asked Questions (see Exhibit "13"). • Providing City water use restriction information with water bills • Exploring opportunities and grant funding incentives for retrofit of irrigation systems at schools and other' facilities to recycled water where feasible 5 Receive and File Update on State Mandated Water Waste Prohibitions September 28, 2014 • Stopping, educating, and issuing warnings to those that are not following the City's Water Use Restrictions • Converting 860 AF of excess unused groundwater pumping rights to stored water for later use The City will continue to explore and implement additional measures where feasible. However, the City is urging its water users to partner with the City and the rest of California to conserve water by putting into action the City's Water Use Restrictions to help ensure compliance with the State Water Board's mandates and to help preserve the State's precious water resources:- City water users are encouraged to start by adjusting sprinkler heads to eliminate runoff and looking closely at toning down their irrigation of landscaping to just what is needed. There are a significant number of tips and resources available to achieve this, starting with the City's website {http;lt M dgwn ca.o !} which includes such information and a number of links to informative websites and rebate opportunities. Recommended Water Conservation Compliance Program In order to comply with the State Mandated Water Waste Prohibitions, staff has initiated reinforcement of its existing City water use restrictions by implementing a Program which initially has relied on education (see Exhibits "B-D" for examples) and partnership prior to undertaking more stringent enforcement measures. The Program generally consists of the following: Educating customers on the City's water use restrictions and the resources available to help ensure compliance including: • Information on the State Mandated Water Waste Prohibitions • Information on the City Water Use Restrictions • Water conservation rebates available to residential customers • Water conservation rebates available to commercial /industrial customers • Water conservation tips to help ensure compliance and reduce water bills • Opportunities to implement drought tolerant landscaping in coordination with the Community Development Department Educating, consulting, and providing two warnings to each customer found violating the City's water use restrictions Given the reality of varying situations including customers moving into and out of the City„ the Program will remain an ongoing initiative. It is not the intent of the City to rashly issue citations at will for violations of its water use restrictions but to rather use a stepped approach focusing 6 Receive and File Update on State Mandated Water Waste Prohibitions September 23, 2014 initially on education, consultation, and two warnings per customer followed by enforcement of the applicable sections of the DMC via the existing City Administrative Citation process when necessary. The enforcement proceeding will be conducted by Community Development Code Enforcement staff as necessary. Existing City Administrative Citation Procedure Should ongoing education campaign, consultation, and two warnings prove unsuccessful, the City will issue Administrative Citations for such violations through the City's Administrative Citation process. Because the goal of the City's existing Administrative Citation process is to gain compliance rather than the imposition of a fine or penalty, the process allows for two warnings (first and final notices of violation) as previously stated, at which point the fine is only imposed when the responsible party fails to take corrective action within the compliance periods established by the Enforcement Officer for the first and final notices of violation provided. Under this process, such violations of the DMC constitute an Infraction punishable by a fine of $100 for a first offense, $200 for a second "offense of the same ordinance within a'twelve month period of time, and $500 for a third or greater offense of the same ordinance within a twelve month period of time. Each day, or any portion thereof, that a prohibited condition, use, or activity under the DMC is committed, continued or permitted; shall constitute a separate violation for which an administrative fine may be imposed. Further, a single citation may charge multiple violations of the DMC, however, each violation is subject to a separate and distinct administrative fine With the Administrative Citation process, the person has the right to appeal before a hearing officer, but no court appearance is necessary. In the absence of an appeal, the person cited simply pays the fine. The City may enforce the DMC and cite such violations as misdemeanors, but it is staff's opinion that such an approach is too harsh and that the Administrative Citation process is the appropriate level of enforcement to give individuals an incentive to comply with the DMC. FISCAL IMPACT Presently, the fiscal impact cannot be estimated accurately, however, the State has made non - compliance with the above State Water Board prohibitions punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. Additionally, the State has made urban water suppliers subject to fines and potential enforcement actions for non - compliance. Attachments: • Exhibit "A" DMC Section 7350 - Existing City Water Use Restrictions • Exhibit "B" - "Conserve Water, It's the Law' Downey Patriot Informational Ad • Exhibit "C" - Water Conservation - Tips on How To Save Water and Save Money • Exhibit "D" - State Water Board - Frequently Asked Questions 7 Downey Municipal Cod up Previous Next Main Search print A TICLE V11- -STREECS AND PUM IC WORKS ' Ctt4 t t ,5- -: WATERS..) ttVA12{ �NkC6Ul� l"I19L`�fiFS�I`RICTIC3NS... SECTION 7350. USE RESTRICTIONS. l Customers shall comply with the following restrictions concerning the use of water: (a) With respect to irrigation practices: i (1) Except as provided below, lawn watering and landscape irrigation with potable water is permitted only between the Hours of 4 :00 p.m. and 10:00 ami: on designated irrigation days, Golf courses, parks, school grounds, and recreational fiends may be irrigated with potable water on any day, and golf course greens and tees may be irrigated at other times when a plan approved by the Director of Public Works is on file with the City. Agricultural users, commercial nurseries/landscape contractors, and irrigators of propagation beds may continue to irrigate "with potable water as management practices dictate, but are required to curtail all nonessential water uses. (2) Irrigation with reclaimed water is permitted on any day: (3) Watering is permitted at any time if a band -held hose equipped with a positive "slut -off nozzle is used; a hand -held faucet- filled bucket of gallons or less is used, or a drip irrigation system is usczl, (4) A "designated irrigation day" is determined by the last digit of the street address. Properties with addresses ending in an even number may irrigate on even numbered days of the mouth and addresses in an odd number may irrigate on odd numbered days of the month. Where the cost of reprogramming automatic irrigation systems is determined by the Director of Public Works to be prohibitive or unfeasible, as with businesses that are not normally open on weekends, such customers may be permitted to irrigate on Mondays, Wednesdays, and Fridays. (b) With respect to exterior washing practices: (1) Washing of buildings, facilities, equipment, autos, trucks, trailers, boats, airplanes, and other type of mobile equipment is prohibited except where a hand-held hose equipped with a positive shut- off nozzle for quick rinses is used, Whenever possible, such as when washing vehicles, a bucket wash is encouraged. (2) Washing is permitted at any time on the immediate premises of a commercial car wash. (3) Washings are exempted from these regulations where the health, safety, and welfare of the public is contingent upon frequent vehicle or other facility or equipment cleaning, such as garbage EXHIBIT "Air i trucks and vehicles used to transport food and perishables. (4) Water shall not be used to wash down sidewalks, driveways, parking areas, patios or other paved areas except to alleviate immediate fire, sanitation or health hazards. i (5) Watet shall not be allowed to ion riff landscape areas into adjoining streets, sidewalks, or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering, i (d) With respect to ornamental or recreational uses: (1) Filling and refilling swimming pools and spas is discouraged, but should be permitted only between the hours of 6:00 p.m. and 6 :00 a.m.. (2) Filling and refilling of ponds, fountains, and artificial lakes is discouraged, and the recycling of waterer ponds, fountains, and artificial lakes should be encouraged. (d) With respect to other uses: ' 1 (1) Water from Fire hydrants shall be used only for fire fighting and public health, safety and welfare activities. (2) hushing of water mains will not be permitted except as necessary to protect the public health, (3) Restaurants shall not serve water to their customers unless specifically requested, (a) Leaks must be repaired as soon as discovered and shall not be allowed to continue for more than 48 horns. (Added by Ord. 925, adopted 2-26-91) View the mobile version, WATER CONSERVATION pp TIPS CAN HOW 7C SAVE WATER AND SAVE MONEY control of their water bills. Use of tiers and usage- WHERE DOES YOUR WATER COME FROM weighted rate structures have been adopted Water S,ystein overview - Did you know that the industry-wide and have proven equitable and ' City of Downey (City or Downey) relies on pumped effective in achieving conservation. groundwater to meet 100% of its 'customer's The City strongly encourages everyone to look drinking water needs? The City owns, operates; closely at water usage habits and ways to use less and maintains water supply and distribution water whenever possible. 'Doing so will help to infrastructure consisting of: - reduce your water bill and will help us meet our 20% reduction goal This year's rate increase is 300 miles of potable water mains the fourth of a 5 -year plan. Therefore, by properly 20 active groundwater wells managing your water usage you can make a lasting 5,500 gate valves impact by reducing money owed on your water bill 23,000 water services connections /meters WATER CONSERVATION TIPS Recycled water distribution system Landscape Irrigation — Outdoor landscaping can The City also monitors water quality weekly to consume 50°% or more of the water used at a ensure that water <delivered meets or exceeds property. Focus - on 'reducing evaporation, - standards set by the California Department of eliminating runoff, and only watering as much as Public Health (DPH) and the United States needed. Environmental Protection Agency (U.S. EPA). Water your lawn and garden in the early WATER CONSERVATION — WHY IT IS NEEDED morning or late evening to reduce water lost to evaporation and exposure to wind Background — Clean water helps prevent disease 6 Reduce the number of days and length of caused by unsanitary conditions and enables us to time that you water your landscaping; Most grow food, fight fires, and manufacture products. It landscaping only needs to be watered 2 -3 is an essential resource that must be conserved days per week and 6 -7 minutes per cycle, and protected to sustain life on earth. Possibly less during winter months The California Water Conservation Act of 2009 k Use drip irrigation where possible and requires urban water suppliers such as the City of co nsider drou ht resistantnative landscaping Downey to reduce their per capita water use 20% by 2020 in order to protect this public resource and y y the state's population and environment that rely on t water. Y( W The City also recently raised its water rates for the t' first time in 16 years due to Water Fund deficitt�w.'" rising operation /maintenance 'costs, the need for rehabilitation and replacement of critical /aging 'infrastructure, and to increase water supply TM reliability and meet current and future water „ demands., r, In doing so, the City separated water accounts into F - groups of similar usage allowing for establishment 6 Best time to plant natives is in the fall /winter of tiers that more closely match usage patterns of 4 Save hundreds of gallons of water a year by the customers. The usage : charge was set to using organic mulch around trees and plants recover 78% of the revenue, placing customers in EXHIBIT on I Water Conservation Lnlergency Reg €alatimis Frequently 1ske Questlotl INDIVIDUAL PRO OtBE`R ION P:1. Who do the prohibitions apply to? A. The prohibitions apply to all Californians. The prohibitions against runoff in outdoor landscapes, washing motor vehicles with a running hose (no shut off), hosing down sidewalks and driveways, and running fountains that do not recirculate water are a minimum level of effort that every resident of the State is responsible for. / P.2. Is there an exemption to the prohibitions to protect public health and safety? A. Yes, the regulations state that the prohibitions apply `except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or federal agency;,, P:3. Are locals prevented from enacting or enforcing water prohibitions that are more stringent than the regulations? A. No, the regulations represent a minimum level of effort and everyone is encouraged to do more. P.A. What is meant by "sidewalk" in the prohibition section of the regulations? A. A sidewalk is commonly considered to be a walkway designated for pedestrian travel, WA` I'M SFiPPLIF11 ACTIONS 5.1. What would be a sufficient "comparable" level of conservation tender the regulations? `•; A. The regulations anticipate that the outdoor irrigation restrictions can result in up to a 20% reduction in outdoor water use. The expectation is that the imposition of conservation measures, other than the 2 -day per week default provision should achieve a similar or better level of savings. 5.2. Do the regulations apply to wholesale water suppliers? A. No, the regulations do not apply to wholesale water suppliers. If a supplier provides both retail and wholesale services, the regulations would apply to the retail component of the service. 5.3. Do the regulations override local conservation programs? A. The regulations do not override local conservation programs, but they may cause a water supplier to increase the level of effort to achieve water savings. The regulations specifically require water suppliers to implement their water` shortage contingency plans to level that imposes mandatory outdoor irrigation restrictions. Many communities are currently calling for voluntary restrictions. The regulations would increase this level of effort. 1 EXHIBIT "D'° Mter Comservation Emergency Regulations Frequently Asked Questions S.4, If a water supplier has implemented a drought contingency plan that restricts outdoor irrigation to 3 days per week, are they in compliance with the regulations? A. Yes, the regulations require water suppliers to implement the stage of their water shortage contingency plans where Outdoor irrigation restrictions are mandatory. The regulations recognize that everyone's plans are different, reflecting unique local conditions and do not specify what the specific restrictions must be as long as they are mandatory. S.5 Do the regulations apply to Investor Owned Utilities that are regulated by California Public Utilities Commission? A. Yes, the regulations apply to Investor Owned Utilities in the same manner that they apply to public water agencies. Implementing certain aspects of the regulations will require approval from the California Public Utilities Commission (CPUC), but that approval will come in the form of letters from CPUC staff, which will be issued on a ministerial basis. As indicated above, the prohibitions apply to all Californians regardless of their source of water (recycled water excepted). S.6 Are water suppliers serving fewer than 3000 connections required to comply with the reporting requirements for water production data? A. No, the reporting requirements only apply to urban water suppliers that serve greater than 3000 connections, ENFOR(AMENT E.1. Can both law enforcement and water agencies issue citations for an offence under the regulations? A, The infraction citation may be issued by a peace officer or any employee of a local agency that is charged with enforcing statutes, regulations, and ordinances pertaining to water use, if the local agency has adopted an ordinance empowering them to do so. This means that the precise individuals within an agency authorized to issue the infractions would vary depending upon what, if any, relevant ordinance the agency has adopted, E.2. Who will be held responsible for non-compliance with the prohibitions in rental units? A. Just as with a traffic ticket, it is the person that is actually engaging in the prohibited activity, E.3 Are local agencies required to enforce the new prohibitions using the infraction authority authorized through the regulation? A, No, the infraction authority provides an additional tool available to local entities to use or not 2 i i Water Conservation onservation tamerge ncy Retgrilaflosts Frequently Asked Questions GEAFRAL G.1. How do the newly adopted regulations affect tribal lands? X These regulations follow existing precedent on tribal /state relations. They do not apply to federally or tribally owned water suppliers or users on tribal trust lands of federally recognized tribes. To the extent some tribal lands may be serviced by non tribal public water suppliers, the suppliers must comply with the regulations. i I 3