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Water Conservation Penalties Kevin Kluge | Water & Wastewater Commission | April 13, 2022  Goal of conservation penalty ordinance Agenda  Historical enforcement  Current processes  Penalty recommendations  Examples  Summary Goal – adopt amended water conservation penalties that:  Are related to the types of customers  Are related to the types of violations  Provide a range in which penalties can be adjusted based on the impact of violations and what is necessary to influence behavior Water Conservation Ordinances, Penalties, and Enforcement City Code, Chapter 6-4 City Code, Chapter 2-13 Utility Guidelines • Conservation restrictions • Drought stages • Penalty ranges • Hearing process • Enforcement process • Penalty within ranges Historical Enforcement  1,211 = Average annual citations (FY18-FY20) • 87% - commercial irrigation • 10% - vehicle washes • 3% - watering/water waste • 17 - Average residential NOVs 36 3% 123 10% 1,052 87% Commercial Irrigation Assessment Commercial Vehicle Wash Assessment Water Waste Enforcement Process – Commercial Facility Compliance  Irrigation, vehicle wash, cooling towers  Notice 90 or 45 days prior to deadline  Due date – give 30-day grace period, then penalty Enforcement Process – Commercial Leaks  Leak in irrigation system • Verbal notice - 24 hours service line  Leak in potable water • If no verbal notice - mailed notice and 10 days • Staff reinspect • Multifamily - 30 days to make repairs • Commercial - 10 days to make repairs • Staff reinspect Enforcement Process - Residential Water Waste  Staff patrol: May - Oct, 6 zones, changing routes  Witness of violation  Customer given 10 days to comply (make repairs, turn off system, etc.) required penalty  1st violation - warning, no  Do not revisit past violations Violation Process - Due Process 1. Customer given warning Notice 4. of Violation 2. Customer issued Notice of Citation with penalty 3. Customer given 20 days to admit liability or request supervisor review a. If admitting liability - fine assessed b. If no response - hearing scheduled If supervisor review upheld, customer given 10 days to admit liability or a hearing is scheduled 5. Hearing (3rd Party) a. Not liable - dismissed b. Liable - penalty + fees assessed 6. Municipal Court Recommended Penalty Ranges  Amounts within the penalty ranges will be based upon: • Impact of violation • Influencing behavior • Flexibility and simplicity  Metrics of penalty ranges: • Frequency (after 2 violations) • Volume of use • System size  Same whether admitting liability or a hearing Examples of Penalty Ranges  Frequency of violation • 3rd violation - midpoint • 4th violation - maximum  Volume of use (residential, avg monthly, June-Sept) • < 50,000 gallons - minimum • >= 50,000 gallons - midpoint • > 75,000 gallons - maximum  System size • Commercial irrigation • <= 25 zones - minimum • > 25 zones - mid-point • Cooling towers • < 100-ton tower - minimum • <= 100-ton tower - mid-point Example of penalty ranges – frequency of violation  1st violation - minimum  2nd violation – minimum  3rd violation - midpoint  4th violation - maximum  Example: Cooling tower assessment due • 30-day grace period • 1st violation - $500 • 2nd violation - $750 • 3rd violation - $875 • 4th violation - $1,000 Example of penalty ranges – volume of use  Average monthly water use of previous summer (June – Sept) • < 50,000 gallons – minimum  Example: residential customer watering on wrong day (after warning) • Avg summer monthly use of 15,000 gallons - $25 • >= 50,000 – 75,000 gallons – midpoint • > 75,000 gallons - maximum • Avg summer monthly use of 60,000 gallons - $62.50 • Avg summer monthly use of 80,000 gallons - $100 Example of penalty ranges – system size  Commercial facility irrigation • <= 25 zones - minimum • > 25 zones - mid-point  Example: non-compliant commercial irrigation customer (first violation) with • 15 irrigation zones - $500 • 30 irrigation zones - $750 Summary  Restrictions and penalties in Code  Enforcement in utility guidelines  Majority of penalties/citations for commercial  Utility guidelines will provide warnings and due process  Penalty amount determined by the impact of violation and influencing behavior Questions? Thank You