EXHIBIT 2-B

 

DRAFT PROPOSED REVISIONS TO

MPWMD REGULATION XIV, WATER CONSERVATION

March 18, 2009

 

 

Assumptions

 

1.      The existing conservation regulation will apply to all Water Permits issued up to the date specified in the new regulation.  The same shall apply to and Change of Title/Use.  The ordinance will set a specific date for which the new regulation applies.  For example, if the ordinance is adopted in April 2009, water permits issued after a future date (such as June 1, 2009) would be subject to the new regulation.  Water Permits issued prior to that date would be subject to the existing regulation.  This same theory would apply to Change of Title and Change of Use.

 

2.      The existing conservation requirements will be summarized in the new regulation as a reference for future enforcement of those properties subject to those regulations.

 

NEW DEFINITIONS

 

Pint Urinal

Spa

Weather Based Irrigation Controller

MP Rotator

Pre-Rinse Spray Valve

 

NEW MULTI-UNIT DEVELOPMENTS

 

At such time as codes are developed to regulate installation of “purple pipe” in Residential and Non-Residential developments, there will be a requirement for installations of recycled water conveyance lines when there is potential for reuse for future use of recycled water.  This would not apply to areas where there is no potential for purified water.

 

RESIDENTIAL EFFICIENCY STANDARDS FOR NEW STRUCTURES:

 

Current Standards:

 

1.      ULF (1.6 gallons per flush toilets)

2.      1.0 gallon per flush urinals (when installed)

3.      2.5 gallons per minute (gpm) showerheads

4.      2.2 gpm faucet aerators

5.      Instant-Access Hot Water System

6.      Drip Irrigation where appropriate.

Proposed Standards:

 

All New Structures receiving a Water Permit after July 1, 2009, shall meet or exceed the following standards:

 

1.      High Efficiency Toilets shall be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush;  In 2007, California adopted legislation that will lower the allowable flush volume for toilets and urinals to the high-efficiency toilet (HET) and high-efficiency urinal (HEU) standards that many water utilities have been promoting (see EBN Vol. 16, No. 1). These new standards—which reduce the flush-volume limit from the EPAct-mandated 1.6 gallons (6.1 l) to 1.28 gallons (4.8 l) for toilets and from 1.0 gallons (3.8 l) to 0.5 gallons (1.9 l) for urinals—will be phased in starting in 2010, with full implementation by 2014. The Plumbing Manufacturers Institute (PMI), the leading plumbing industry organization in the U.S., supported this measure in California and is advancing the idea of a parallel federal standard.

 

2.      Urinals, when installed in a Residential use, shall be manufactured to flush with a maximum of 0.125 gpf (one pint) per flush.  Zero Water Consumption.  This standard is greater than High Efficiency Urinals (0.5 gpf).   

 

3.      Showerheads, Rain Bars, or Body Spray Nozzles shall be manufactured to emit a maximum of 2.0 gallons per minute of water. 

 

4.      Installation of multiple Showerheads in one stall shall require timers for each Showerhead, Rain Bar, or Body Spray Nozzle with a maximum three minute operating increment.

 

While certain laws, principally EPAct, regulate what can be sold, building codes and plumbing codes regulate how products must be installed. Herein lies an opportunity to fix a loophole that has allowed a major trend in water waste with showers. While the federal limit for showerheads is 2.5 gpm, some custom bath builders and a number of manufacturers get around that limit by installing multiple showerheads in a single shower stall or selling towers that incorporate multiple showerheads and body-spray nozzles. Kohler’s WaterHaven custom shower tower, for example, can deliver more than 10 gpm (38 lpm).

 

California’s recently adopted voluntary green building standards prohibit multiple showerheads in a single stall.

 

5.      Lavatory Sink faucets shall be manufactured to emit less than 1.5 gallon of water per minute at 60 psi.  The Lavatory Sink faucet or faucet accessory shall not be packaged, marked, or provided with instructions directing the user to an alternative water-use setting that would override the maximum flow rate of 1.5 gpm at 60 psi, as established by this specification;

 

6.      Instant-Access Hot Water System;

 

7.      Water softeners that use salt (i.e. sodium chloride) shall be discouraged in New Construction;

 

8.      Irrigation System Controllers.

 

a.       Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed for irrigated Landscaping on Sites with where there is an Irrigation System serving an area greater than 2,000 square-feet; 

 

b.      Rain Sensors shall be installed on all other Irrigation Systems that operate with an irrigation controller.  Note that irrigated areas of greater than 2,000 square-feet require a Weather-Based Irrigation Controller.

 

9.      Drip Irrigation shall be utilized for watering all non-turf irrigated plantings;

 

10.  MP Rotators or spray heads of similar efficiency shall be utilized for turf irrigation;

 

11.  Overhead spray irrigation shall not be used to water non-turf Landscaping, including trees and shrubs;

 

12.  Rainwater collection and cistern systems are encouraged as supplemental irrigation for Landscaping installed pursuant to New Construction. New Structures shall be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years.  Systems must be compliant with local catchment system standards.  Guidelines will be included in landscape ordinance when available.  Possible incentives for this (higher rebates, connection charge credit?).  This voluntary program should become a requirement after several years.

 

NON-RESIDENTIAL EFFICIENCY STANDARDS FOR NEW STRUCTURES:

 

Current standards:

 

1.      ULF (1.6 gallons per flush toilets)

2.      1.0 gallon per flush urinals (when installed)

3.      2.5 gallons per minute (gpm) showerheads

4.      2.2 gpm faucet aerators

5.      Instant-Access Hot Water System

6.      Drip Irrigation where appropriate.

 

Proposed Standards

 

All New Structures receiving a Water Permit after July 1, 2009, shall meet or exceed the following standards:

1.      High Efficiency Toilets shall be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush; 

 

2.      Urinals shall be installed that have been manufactured to flush with no more than 0.125 gpf (one pint) per flush.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff. 

 

3.      Showerheads, Rain Bars, or Body Spray Nozzles shall not be installed if the fixture or fixtures are capable of emitting more than 2.0 gallons per minute of water.  Installation of multiple fixtures in one stall shall require timers that allow three minute operating increments.

 

4.      Lavatory faucets shall not emit more than 0.5 gallon of water per minute at 60 psi. The Energy Policy Act (EPAct) of 1992 and subsequent EPAct actions limited faucet flows to 2.2-gpm (at 60 psi). In the mid-1990s, however, the U.S. plumbing codes and standards further reduced that maximum flow rate to 0.5-gpm for public (non-residential) applications (the American Society of Mechanical Engineers (ASME) A112.18.1/Canadian Standards Association (CSA) B125.1 Plumbing Supply Fittings).  “Public” applications are defined in those implementing codes as all applications that are not defined as “private”.  The codes (Uniform Plumbing Code, International Plumbing Code, and the National Standard Plumbing Code) each define “private” as inclusive only of fixtures in residences, hotel/motel guest rooms, and private rooms in hospitals.  All other applications are deemed as within the “public” category and subject to 0.5-gallons per minute maximum for lavatory faucets.  This includes such applications as single-tenant and multi-tenant office buildings, schools, gymnasiums, manufacturing facilities, public buildings (including those where the general public is denied access), bars, restaurants, retail stores, and any other type of building that does not fall within the “private” definition.

 

5.      Lavatory Sinks shall be equipped with automatic shut off devices or sensor faucets with a maximum flow of 0.25 gallons per cycle.  Metering faucets for non-public applications are subject to the same codes and standards, all of which set the maximum water use at 0.25 gallons per cycle.  That is, the “on-off” cycle (or time during which the faucet is on) cannot result in a total flow in excess of 0.25 gallons of water.

 

6.      Ultra Low Consumption commercial washing machines shall be required when a washer is installed in a New Structure permitted under this Regulation.  Need to specify rating.

 

7.      Ultra Low Consumption commercial dishwashers shall be required when a dishwasher is installed in a New Structure permitted under this Regulation.  Need to specify qualifying criteria.

 

8.      Instant-Access Hot Water System(s) shall be installed for hot water access points to ensure that hot water is available within ten (10) seconds;

 

9.      The use of non-sodium water softeners shall be encouraged in New Construction;

 

10.  The implementation of water conservation Best Management Practices shall be integrated into construction and operation of the project to the extent possible. 

 

11.  Water Efficient Pre-Rinse Spray Valves (add definition “cleaning time of 26 seconds or less at 1.6 gpm (at 60 psi)”) shall be utilized when a pre-rinse spray valve is installed.  The federal Energy Policy Act of 2005 established a limit of 1.6 gallons per minute (gpm) for pre-rinse spray valves, which are used to remove food scraps from dishes in commercial kitchens. EPAct 2005 also established, for the first time, a maximum water factor (gallons per wash cycle per cubic foot of capacity) for commercial dishwashers (setting that maximum at 9.5).

 

12.  There shall be no single-pass water use systems in ice machines, hydraulic equipment, refrigeration condensers, x-ray processing equipment, air compressors, vacuum pumps, etc.  Air-cooled or better technology shall be installed when available. 

 

13.  Water cooled refrigeration equipment shall be prohibited when there is alternative cooling technology available at the time the Water Permit is issued.  Most of this equipment has air-cooled options available. Additionally, the user can recirculate cooling water to reduce waste.

 

14.  Boiler-less steamers or connectionless steamers shall be installed in place of boiler-based steamers.  Steamers are commonly used in schools, hotels, hospitals and many restaurants for large-scale cooking of vegetables, fish, rice and steamed foods. Most food service establishments use the boiler-based atmospheric steamer. These are "zero pressure" steamers where steam is injected into the cooking chamber. These units typically use between 20 and 40 gallons of potable water per hour while in operation.

 

New boiler-less steamers, sometimes called connectionless steamers, are jacketed. The cooking chamber and steam chamber are separated and the condensate is returned and reused. The steamers use much less water than atmospheric steamers, typically 2-3 gallons per hour. Because of the significant energy savings associated with units, EPA has granted Energy Star ratings to many of these units.

 

15.  Irrigation System Controllers.

 

a.       Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed for irrigated Landscaping on Sites with where there is an Irrigation System.

 

16.  Drip Irrigation shall be utilized for watering all non-turf irrigated plantings;

 

17.  Irrigation spray heads at least as efficient as MP Rotators shall be utilized for turf irrigation;

 

18.  Overhead spray irrigation shall not be used to water non-turf Landscaping, including trees and shrubs;

 

19.  Rainwater collection and cistern systems are encouraged as supplemental irrigation for Landscaping installed pursuant to New Construction. New Structures shall be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years.  Systems must be compliant with local catchment system standards.  Guidelines will be included in landscape ordinance when available.  Possible incentives for this (higher rebates, connection charge credit?).  This voluntary program should become a requirement after several years.

 

 

CHANGE OF OWNERSHIP OR EXPANSION OR MODIFICATION OF AN EXISTING WATER DISTRIBUTION SYSTEM (E.G. PROJECT THAT REQUIRE A WATER PERMIT)

 

Current standards:

1.      ULF (1.6 gallons per flush toilets)

2.      1.0 gallon per flush urinals (when installed)

3.      2.5 gallons per minute (gpm) showerheads

4.      2.2 gpm faucet aerators

 

1.      High Efficiency Toilets shall replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or Change of Use; 

 

2.      Urinals designed to use no more than 0.125 gpf (one pint) per flush shall replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Excepted urinals shall retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

 

3.      Showerhead flow rates shall meet or exceed New Construction standards;

 

4.      Bathroom faucet flow rates shall meet or exceed New Construction standards;

5.      Kitchen faucet flow rates shall meet or exceed New Construction standards;

 

6.      Automatic irrigation systems shall be retrofit to include a Rain Sensor with Weather Based Irrigation Controllers (e.g. Smart Controllers) upon Change of Ownership and as a condition of any Water Permit. 

 

7.      The implementation of Non-Residential Best Management Practices shall be integrated into construction and operation of any New Structure to the extent possible. 

 

NON-RESIDENTIAL CHANGE OF USE

 

Current standards:

1.      ULF (1.6 gallons per flush toilets)

2.      1.0 gallon per flush urinals (when installed)

3.      2.5 gallons per minute (gpm) showerheads

4.      2.2 gpm faucet aerators

 

Proposed Standards

 

All Change in Use after July 1, 2009, shall meet or exceed the following standards:

 

1.      High Efficiency Toilets shall replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or issuance of a Water Permit; 

 

2.      Urinals designed to use no more than 0.125 gpf (one pint) per flush shall replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement.  Excepted urinals shall retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible.  Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

 

3.        Showerhead flow rates shall meet or exceed New Construction standards;

 

4.        Bathroom faucet flow rates shall meet or exceed New Construction standards;

 

5.        Kitchen faucet flow rates shall meet or exceed New Construction standards;

 

6.        The implementation of Best Management Practices shall be integrated into operation

 of the project to the extent possible. 

 

MANDATORY CONSERVATION REQUIREMENTS

 

Current standards:

 

1.      All Visitor-Serving and Public and Quasi-Public Facilities shall display in visible locations in all restrooms, kitchens, and dining areas, placards or decals approved by the District promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

 

2.      The owner and/or manager of each rental property shall provide a pamphlet, brochure, or other literature to current and future tenants that list the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

 

Proposed Standards

 

In addition to the current standards:

 

1.        Visitor-Serving Facilities, where applicable, shall utilize towel and linen reuse programs, whereby towels and linens are changed every three days or as requested by action of the guest.

 

2.      Any person who purchases and installs an automatic Irrigation System that is not a Weather-Based Irrigation System shall install and maintain a Rain Sensor on the system. Rain sensors are available for approximately $30 wherever irrigation supplies are sold, and a homeowner or irrigation professional can install them.

 

3.      By July 1, 2010, all Non-Residential facilities that utilize one or more Pre-Rinse Spray Valves shall install and maintain Pre-Rinse Spray Valves that flow at a maximum of 1.6 gallons per minute.

 

 

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