Urban Water Institute, Inc. 22 nd Annual Water Conference August 28,2015 Busted by the State for...

Urban Water Institute, Inc.22nd Annual Water Conference

August 28,2015

Busted by the State for Drinking Too Much:Enforcement of Emergency Conservation Regulations

Paul D. Jones II, P.E.General ManagerEastern Municipal Water District

Busted by the State for Drinking Too Much:Enforcement of the Emergency Conservation Regulations

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Christian M. Carrigan Director, Office of EnforcementState Water Resources Control


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Gregory J. NewmarkPrincipal, Meyers NaveChair, Drought Response Team


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Water Conservation Tiers

Average July-Sept

2014 R-GPCD

Reduce total potable water productionby __% for each month compared to amount used in same month in 2013

<65 8%

≥65 but <80 12%

≥80 but <95 16%

≥95 but <110 20%

≥110 but <130 24%

≥130 but <170 28%

≥170 but <215 32%

≥215 36%

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Paul D. Jones II, P.E.General ManagerEastern Municipal Water District

August 28,2015

Busted by the State for drinking too much: Enforcement of the Emergency Conservation regulations

www.emwd.org 6

• Established in 1950• Five publicly-elected board members• One of 26 MWD member agencies• 555 square miles

– Cities served: Moreno Valley, Perris, Menifee, Murrieta, Temecula, Hemet, San Jacinto

• Population: 785,000 (34% of Riverside County)

• Full service agency, serving: – Water / wastewater / recycled– Wholesale and retail

• Water: 142,000 connections• Wastewater: 237,000 connections• High growth / very low precipitation

area (~10 in/yr. avg.)

Overview of EMWD

EMWD CUSTOMER BASE: POTABLE WATER SERVICE CONNECTIONS

Residential 95%

Commercial, Industrial & Institutional

2%

Landscape/Agricultural 2%

Wholesale 1%

www.emwd.org 7

EMWD Water Supply Portfolio

Local Supply Initiatives

18 active wells (adjudicated and managed basin) and two potable water filtration plants

o Production capacity: 34 million gallons per day (MGD)

Two brackish groundwater desalters that produce 8 MGD

Four regional reclamation facilities producing 45 MGD of recycled water

In both FY 2014 and FY 2015, 100% of tertiary wastewater was recycled for

beneficial reuse

www.emwd.org 8

Imported Water Supply from MWD:

76,897 AF51%

• State Water Project – 3%

• Colorado River (untreated and treated)- 48%

Local Water Supply:

74,884 AF49%

• Recycled Water • Groundwater Wells • Desalination

FY 2015

EMWD Rate Structure Implemented in 2009

www.emwd.org 9

• Creates an “Allocation” or “Water Budget” for each customer account based upon reasonable indoor and outdoor needs and efficient use.

• Uses Economic Incentives: Water is priced to customer lower for use within allocation – much higher for use over allocation.

Indoor Usage BudgetPersons x 60 GPD

Tier 1: $1.793($779/AF)

Price/CCF

Outdoor Usage BudgetIrrigated Area x ET Factor x

Conservation Factor

Tier 2: $3.280($1,428/AF)

Wasteful UseMore than 50% over budget

Tier 4: $10.755($4,682/AF)

Excessive UseUp to 50% over budget

Tier 3: $5.879($2,561/AF)

Ove

r A

lloca

tion

With

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Water Shortage Contingency Plan

Stage Date Approved

Description Actions

Stage 1 April 2011 Supply Watch Voluntary reduction up to 10%

Stage 2 April 2014 Supply Alert Voluntary reduction up to 25%

Stage 3 August 2014 (3a)

Mandatory Waste Reduction

3a: No variance adjustments; observation based penalties3b: Tier 3 budgets decreased by 50%3c: Tier 3 budgets decreased by 100%

Stage 4 May 2015(4a)

Mandatory Outdoor Reduction

Watering schedules limited (1-2 days/week)4a: Tier 2 budgets decreased by 10%4b: Tier 2 budgets decreased by up to 50%4c: Tier 2 budgets decreased by up to 100%

Stage 5 Mandatory Indoor Reductions

Catastrophic stage (50% reduction in demand)5a: Tier 1 budgets decreased by 10%5b: Tier 1 budgets decreased by up to 30%5c: Tier 1 budgets decreased by up to 50%

After implementation of Stage 3a and associated outreach, EMWD saw Tier 3 “excessive” and Tier 4 “wasteful” sales and number of customers in these tiers dramatically decline. For July 2015 billing, 7% of customers were in Tier 4 while 93% of customers stayed in budget.

EMWD Uses its Rate Structure to Progressively Move through its Water Shortage Contingency Plan:

www.emwd.org 10

SWRCB Regulatory Framework

• Local Water Agencies Commented on Deficiencies in the Regulatory Framework– No credit is provided to agencies who

achieved conservation prior to 2013.

– The GPCD data is not adjusted for climate or housing density.

– The base year/months are arbitrary and penalize warmer inland areas.

– No credit is provided for local drought-proof supplies including desalination and recycled water, or shifts off SWP.

State Board did not adopt the water industry’s call for framework

revisions

Local agencies worked together to provide a

more credible quantitative model that

still achieves a 25% statewide savings.

www.emwd.org 11

Required Potable Water Use Reductions

Riverside County Agencies

www.emwd.org 12

Local Impacts of SWRCB Regulation

Water Supplier Tier Standard Jul – Sept 2014 R-GPCD

Eastern MWD 7 28% 130.7City of Riverside 7 28% 135.3Rubidoux CSD 7 28% 158.0Western – Retail 8 32% 189.2City of Corona 8 32% 194.3Jurupa CSD 8 32% 198.6EVMWD 8 32% 205.8Lee Lake WD 8 32% 208.1City of Norco 9 36% 224.3Rancho California 9 36% 349.1Coachella Valley WD 9 36% 475.1Desert Water Agency 9 36% 416.0

www.emwd.org 13

EMWD Response to SWRCB Regulations

Stage 4: Mandatory Outdoor Reduction•Enforcement through Tiered Rates

o Tier 3 allocation is eliminated – Tier 4 rate for all over-allocation usage.

o Tier 2 (outdoor) allocation reduced by 10 percent

o Changes immediate, appeared on bills dated after July 1, 2015

o Customers within their reduced water budgets will see no financial impacts

Simple Message to Our

Customers: Reduce outdoor irrigation use by

50 percent

EMWD is mandated to reduce water usage by 28 percent. In response EMWD moved to Stage 4 of its

Water Shortage Contingency Plan.

www.emwd.org 14

Example of Customer Impact

www.emwd.org 15

Conservation Outreach and Education Programs

Annual Budget: Over $3 millionMessage pathways include:o Mailers, door hangers, phone calls, radio, television, newspaper, local

program advertisements, community events, e-mail, website, programs in schools, business partnerships, billboards and community banners, bill messages, social media, water-wise landscape signage, fleet vehicle magnets and theater slides

Over 2,500 hours per month dedicated to Conservation Education and Outreach

18 full-time staff members dedicated at least half-time: o In addition, for FY 2015-16, added 2 permanent full-time employees

and 10 temporary full-time employees o Most materials available in Spanish; 15 customer service

representatives and 4 conservation staff members speak Spanish

www.emwd.org 16

Customer Outreach

“Let’s Get Serious About the Drought”

Customer Resources and Outreacho Newsletters/factsheets/Cable TV

slides/Telephone and lobby messagingo Letters to customers in current Tiers 4,3, and

higher-use Tier 2 (11,800 recipients)

o Bill estimators and bill messageso Social media / e-mail (eBlasts to 35,000

email subscribers) o June results letter to customers (138,000 recip.)

Community Events:o EMWD has presented at 58 community events

since April 1, to a combined audience of more than 4,800 people

www.emwd.org 17

Water Waste Enforcement

Enforcement Staff:o 3 FTEs (120 hours/week)

Monthly Enforcement Budget: $55,000

Reporting Mechanismso Phone: Water Waste Hotline

951-928-3777 ext. 3306

o Email: [email protected]

o Website: www.emwd.org/

o Mobile Application: EMWD Water Waste Reporter

Conservation parkway patrolling on highways – Cited 20 locations/services

www.emwd.org 18

Fining Structure:•One warning letter is issued•A second violation results in fines:

– $50 for residential customers– $200 for commercial customers

•EMWD staff must witness violation in order to issue a fine•Offering mandatory EMWD training classes in-lieu of paying fines:

– “Traffic school” approach– Customers with financial hardship

http://www.emwd.org/

Progress Toward State Mandated Conservation Standards – Inland Empire Water Suppliers

www.emwd.org 19

Agency TierConservation Standard

June 2015

Actual DifferenceRancho California WD 9 36% 14% -22%

Coachella Valley WD 9 36% 21% -15%

Western MWD (Retail) 8 32% 17% -15%

Elsinore Valley MWD 7 28% 14% -14%

Rubidoux CSD 7 28% 14% -14%

EASTERN MWD 7 28% 15% -13%

City of Norco 9 36% 28% -8%

City of Corona 7 28% 21% -7%

City of Riverside 7 28% 22% -6%

Lee Lake WD 8 32% 32% -1%

Jurupa CSD 7 28% 30% 2%

Desert Water Agency 9 36% 40% 4%

Lake Hemet WD 7 28% 35% 7%

1st Month of Reporting under new Conservation Standards: June 2015

SWRCB Information Order

• On July 29, EMWD was notified it “missed its target conservation requirement by a significant margin” and would be receiving a Notice of Violation under separate cover.

• The State Board invited EMWD to meet to “provide compliance assistance and help the District avoid future enforcement actions”.

• List of 16 questions was provided for EMWD to address.

• Meeting occurred August 6, 2015.• Subsequent Conservation Order not

issued based upon progress.

www.emwd.org 20

EMWD Progress: May – July 2015

www.emwd.org 21

Record breaking temperatures - June 2015 was the hottest June on record

Prior Conservation Not Considered When Establishing Restrictions

www.emwd.org 22

Going Forward – Emergency Regulations

What have we learned?•Agencies and areas in the State with minimum pre-2013 conservation initiatives perfromed incredibly well.

•Initial Emergency Regulation framework concerns should be correlated with compliance metrics to determine adjustments.

•Emergency regulations beyond February of 2015 should be more sophisticated and incorporate these verified adjustments:

o Pre-2013 and 2013-2015 conservation results and demand hardening.

o Past “drought proof” investments (recycling, desalination, etc.) and demand shifting.

o Weather normalization (climate) and variations in land use density.

•Enforcement should continue to be flexible and recognize “good faith” efforts and the limited complexity of the existing regulations.

www.emwd.org 23

Contact Information

EASTERN MUNICIPAL WATER DISTRICT

Paul D. Jones II, P.E.General Manager(951) [email protected]

www.emwd.org 24



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Enforcement of the Emergency Conservation Regulations

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Water Supplier Conservation ComplianceJune 2015

266

16

70

53

Compliance Priority


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Water Supplier Conservation ComplianceJuly 2015

290

449

59

Compliance Priority


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Water Supplier Conservation ComplianceJune-July 2015

16 4

7049 53 59

266290


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Priority Description Number of Suppliers Details

1 More than 15% from meeting standard 15 •Each priority 1 supplier received a Notice of Violation and Informational Order and met with State Water Board staff to assess the circumstances preventing the supplier from achieving their conservation standard. Some of the 15 suppliers will receive Conservation Orders. Additional details will be available soon. Sample Notice of Violation•Sample Informational Order•Sample Conservation Order Actions

2 5% - 15%from meeting standard

69 •Each priority 2 supplier was sent a Notice of Violation and Informational Order on 8/7/15. Priority 2 suppliers have until 8/19/15 to provide information on water production, water use, and water conservation efforts. Sample Notice of Violation•Sample Informational Order

3 1% - 5%from meeting standard

55 •Warning letters were sent to priority 3 suppliers on 8/11/15. Sample Warning Letter

0 Met or within 1% of meeting standard 273 The State Water Board congratulates the 273 suppliers that met, or were within one percent of meeting, their conservation standard.

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/nov_template_june_2015.pdf

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/info_order.pdf

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/actions_sample.pdf

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/nov_template_june_2015.pdf

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/info_order.pdf

http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/docs/enforcement/warning_letter_june_2015.pdf


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Sample Information Orders1. Describe any and all actions approved by your governing board since

April 1, 2015, to increase conservation.

2. Does your agency have conservation programs that specifically target the following customer classes? (Residential – Single Family, Residential – Multi-Family, Commercial, Industrial, Institutional)

3. Does your agency have an active leak detection and repair program?

4. Does your agency run conservation outreach and education programs?

5. Does your agency run any conservation programs jointly with other entities?


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Sample Information Orders6. Does your agency run any appliance rebate programs?

7. Does your agency run any water efficient landscape programs?

8. Does your agency have personnel dedicated to water waste enforcement?

9. Which type of rate structure does your agency use for residential customers?

10. Has your agency instituted any type of drought rate or pricing since June 1, 2014?


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Sample Information Orders11. What rates and pricing mechanisms are used to incent conservation by

non-residential customers?

12. When was the last time your agency modified its rate structure?

13. What is your agency’s billing frequency?

14. Provide a complete copy of your agency’s rate/tariff

15. Provide a complete copy of your agency’s conservation ordinance/rules

16. Are all your residents on water meters?


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Sample Conservation Order Actions(tailored to local needs and conditions)

(A) Limit outdoor irrigation to no more than two days per week, before [time] or after [time] for all customers;

(B) Identify and contact the top 100 water users, by volume, regarding opportunities to reduce water use by [date];

(C) Conduct [x] audits of CII (commercial, industrial, institutional) customers per month for the next [x] months. CII audits must include recommendations for water conservation actions and provide a timeline for implementing audit recommendations;


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Sample Conservation Order Actions(D) Increase education and outreach on [specific topic] including, but not limited to the following:

i) Develop and send out a mailer on [specific topic] by [date]; ii) Make [x] phone calls per month for the next [x] months to educate customers on [specific topic]; and iii) Add [specific topic] information to [water supplier] website and bills by [date].

(E) Increase the number of dedicated conservation personnel hours by [x] hours per week;

(F) Investigate potential partnership opportunities (rebates, low-flow fixtures, etc.) with [energy company(s)] by [date];

(G) Investigate the possibility of a drought surcharge by [date]


(916) 342-5889

[email protected]



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Does close equal compliance?

http://profootballtalk.nbcsports.com/2012/09/26/aiello-on-nflra-talks-there-is-no-such-thing-as-close/

http://www.thisisamericanrugby.com/2015/08/q-call-for-questions.html


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Question?

http://www.thisisamericanrugby.com/2015/08/q-call-for-questions.html

Gregory J. NewmarkPrincipal, Meyers NaveChair, Drought Response Team

213.626.2906 [email protected]


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Urban Water Institute, Inc. 22 nd Annual Water Conference August 28,2015 Busted by the State for...

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