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Water & Wastewater Commission Review and Recommendation April 13, 2022 Health and Environment COA Strategic Direction: Commission Meeting Date: Council Meeting Date: Department: Client: May 5, 2022 Austin Water Kevin Critendon Agenda Item Recommend approval of an ordinance amending City Code Chapter 2-13 (Administrative Adjudication of Violations) relating to establishing administrative penalties and penalty ranges for water conservation violations and Chapter 6-4 (Water Conservation) relating to obtaining and submitting evaluations. This item has no fiscal impact. Amount and Source of Funding Purchasing Language: N/A Prior Council Action: Boards and Commission Action: MBE/WBE: December 10, 2020 – Council approved an amendment to Chapter 6-4 which repealed the enforcement process and penalties for water conservation violations, reverting the process and penalty amounts of such violations to those described in Chapter 2-13. March 9, 2022 – Postponed by the Water & Wastewater Commission on a 10-0 vote with one vacancy. March 21, 2022 - Recommended on an 8-1 vote with, Commissioner Stone voting against, Commissioner Angoori absent, and one vacancy. April 13, 2022 – To be reviewed by the Water & Wastewater Commission. N/A In addition to many incentive programs, Austin Water employs a wide range of ordinances intended to reduce potable water demand by city residents and businesses. On December 10, 2020, City Council approved City Code amendments that removed the administrative enforcement and penalty section of Chapter 6-4 -Water Conservation to defer to Chapter 2-13-23 – Administrative Adjudication of Violations. This change was intended to assure consistency in application of administration violations across the City. As a result, the current penalties for all water conservation ordinance violations are included in Chapter 2-13-23 (A). Current penalties in Chapter 2-13-23 (A) for all water conservation ordinance violations also apply to a broad range of building code and property maintenance violations, outlined below: Current Penalties (§2-13-23 (A)) Not less than Not more First Violation Second violation Third or subsequent violation than $1,000 $1,000 $1,000 $250 $500 $750 The proposed ordinance will add a new Section 2-13-24 to provide new penalties for certain water conservation and onsite water reuse requirements. These delineations will provide a more nuanced approach to penalties, particularly for residential customers, first violations, and allows for escalated penalties as drought stage restrictions increase. Austin Water Conservation will develop standard operating guidance regarding recommended penalties within the penalty ranges for the hearing officer. Such recommendations will generally be based upon the severity of the violation. The new Section 2-13-24 will establish penalties for the specific water conservation ordinance violations in a number of categories including commercial water facility evaluations and requirements, general regulations and requirements, residential water conservation, commercial water conservation, and onsite water reuse. Complete listing of categories and penalties are outlined in Exhibit A, attached. In addition to establishing new penalties, the proposed ordinance requires that a violator who claims financial inability to pay a penalty must participate in the City’s Customer Assistance Program (CAP). Violators will also be granted the ability to pay the penalty through their next utility bill. Exhibit A Current and Proposed Penalties Current Penalties (§2-13-23 (A)) Not less than Not more First Violation Second violation Third or subsequent violation Proposed Penalties Not less than Not more than $1,000 $1,000 $1,000 $250 $500 $750 $500 $750 than $1,000 $1,000 $150 $300 $150 $300 $500 $750 $25 $50 $200 $300 $50 $500 $1,000 $500 $1,000 $1,000 $1,000 $100 $200 $400 $600 $200 Facility evaluations §6-4-10 (A-C): cooling towers, commercial vehicle wash, commercial irrigation First Violation Second violation or subsequent violation Facility requirements §6-4-10 (D-F): cooling tower equipment and make up, restaurant drinking water, lodging towel and linen reuse First Violation Second violation or subsequent violation General Regulations §6-4-11 (A-D) First Violation Second violation or subsequent violation General Regulations §6-4-11 (E-G) First Violation Second violation or subsequent violation Watering/Water Waste - Residential facilities Water Conservation Stage §6-4-15 First violation Second violation Third violation Fourth or subsequent violation Drought Response Stage One §6-4-16 First violation Watering/Water Waste - Commercial facilities Water Conservation Stage §6-4-15 Second violation Third violation Fourth or subsequent violation Drought Response Stage Two §6-4-17 First violation Second violation Third violation Fourth or subsequent violation Drought Response Stage Three §6-4-18 First violation Second violation Third violation Fourth or subsequent violation Emergency Stage §6-4-19 First violation Second violation Third violation Fourth or subsequent violation First violation Second violation Third violation Fourth or subsequent violation Drought Response Stage One §6-4-16 First violation Second violation Third violation Fourth or subsequent violation Drought Response Stage Two §6-4-17 First violation Second violation Third violation Fourth or subsequent violation Drought Response Stage Three §6-4-18 First violation Second violation Third violation Fourth or subsequent violation Emergency Stage §6-4-19 First violation $75 $250 $400 $75 $150 $300 $500 $150 $300 $450 $600 $200 $350 $500 $650 $150 $300 $450 $500 $200 $350 $500 $550 $250 $400 $600 $650 $300 $500 $650 $700 $500 $300 $500 $800 $300 $400 $800 $1,000 $400 $600 $800 $1,000 $500 $700 $800 $1,000 $300 $500 $700 $800 $400 $600 $800 $1,000 $500 $800 $1,000 $1,000 $600 $1,000 $1,000 $1,000 $1,000 Second violation or subsequent violation Onsite Water Reuse Systems (§15-13) First Violation Second violation and subsequent violation $600 $300 $500 $1,000 $600 $1,000