DEPARTMENT
Water Enterprise
AGENDA NO.
14 MEETING DATE
February 14, 2023
APPROVAL:
COMMISSION
SECRETARY
Donna Hood
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Adopt: Updated Water Waste Restrictions
Project Manager: Paula Kehoe
Summary of
Proposed
Commission Action:
Update the water waste restriction s for the use of potable water for construction or demolition projects, contained in Section E, Rule 12 of the San Francisco Public Utilities Commission Rules and Regulations Governing Water Service to Customers (Rul es and Regulations) , to provide additional detail regarding the restrictions and the process for requesting an exception.
Background: Since the early 1990s, the City and County of San Francisco (City) has promoted the use of recycled water to supplement the City’s imported water supplies and save valuable drinking water. In 1991, the Board of Supervisors enacted Article 21 of the Public Works Code, Restriction of Use of Potable Water for Soil Compaction and Dust Control Activities (Article 21). Article 21 prohibits the use of potable water for soil compaction or dust control activities for construction or demolition projects within the boundaries of the City, except when non-potable water (also referred to as reclaimed water or recycled water), well water, and groundwater are unavailable. Article 21 conserves the increasingly scarce supplies of high -quality potable water by prohibiting potable water use for construction and demolition purposes in San Francisco when other sources of water are available.
During California’s last major drought of 2013 to 2016, the SFPUC updated and expanded its water waste restrictions to be consistent with the State Water Resources Control Board ’s 2015 emergency drought regulations. At that time, the SFPUC also updated its procedures for tracking and responding to reports of water waste, which included establishing the City’s 311 system as the central means for reporting water waste; assigning the SFPUC’s Water Conservation Section as the responsible party for investigating and responding to reports of water waste; and confirming the SFPUC’s policy of progressive notification and education to help people at sites identified with potential water waste.
On June 28, 2016, by Resolution No. 16- 0127, the SFPUC adopted permanent water waste restrictions identical to the prohibited water uses in the State Water Resources Control Board’s 2015 temporary Adopt: Updated Water Waste Restrictions
Commission Meeting Date: February 14, 2023
regulations. Among other things, the SFPUC’s water waste restrictions prohibit the use of potable water for construction purposes when non- potable water is available, consistent with Article 21. Since the SFPUC added water waste reporting through the 311 system in 2014, it has received and investigated over 3,000 reports of potentia l water waste.
SFPUC staff have found the process of notifying and educating parties reported to have committed water waste effective in resolving most issues without the need for issuing fines.
Public Hearing Notice
On January 9, 2023, pursuant to Charter section 4.104(a)(1), the SFPUC published a Notice of Public Hearing for the proposed updates to the Rules and Regulations on the SFPUC Website and San Francisco Public Library. On January 18, 19, 20, 22, and 25, 2023, the SFPUC pos ted notice in the San Francisco Examiner.
Description of
Action:
This action would amend Section E, Rule 12 .1(g) (Water Use Restrictions) of the Rules and Regulations. The proposed changes are summarized as follows:
(1) Specify that potable water is not allowed for backfill consolidation around non- potable piping, soil compaction, or dust control for construction or demolition projects when recycled water, well water, or groundwater are available. (2) Remove the reference to the use of foundation drainage, which is not required by Article 21 and not available in sufficient quantity for construction or demolition purposes.
(3) Specify that any use of recycled water for construction or demolition purposes must comply with the requirements of the State Water Resources Control Board, the San Francisco Bay Regional Water Quality Control Board, and the SFPUC, in addition to the San Francisco Department of Public Health. (4) Describe the process for a construction or demolition project to request a temporary water supply from low -pressured fire hydrants, if the SFPUC determines that recycled water, well water, and groundwater are not available, as required by Article
21. Schedule: The updated Rules and Regulations would become e ffective on February 14, 2023, the date of the approval of this resolution.
Environmental
Review:
This action does not constitute a “project” under the California Environmental Quality Act Guidelines s ection 15378(a) because there would be no physical change in the environment.
Adopt: Updated Water Waste Restrictions
Commission Meeting Date: February 14, 2023
Recommendation: SFPUC staff recommend that the Commission adopt the proposed updates to Rule 12.1(g) of Section E of the Rules and Regulations as shown in the resolution.
Attachment(s): 1. Section E, Rule 12 of the SFPUC’s Rules and Regulations Governing Water Service to Customers (redlined copy)
2. Section E, Rule 12 of the SFPUC’s Rules and Regulations Governing Water Service to Customers (clean copy)
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) implements a water waste restriction program, consistent with Public Works Code, Article 21 (Restriction of Use of Potable Water for Soil Compaction and Dust Control Activities); and
WHEREAS, On June 28, 2016, by Resolution No. 16-0127, the SFPUC last updated its permanent water waste restrictions, including for construction purposes, in Section E, Rule 12 of the SFPUC’s Rules and Regulations Governing Water Service to Customers (Rules and Regulations); and
WHEREAS, The SFPUC seeks to update the restrictions on the use of potable water for construction or demolition projects in the Rules and Regulations to provide additional detail regarding the restrictions and the process for requesting an exception; and
WHEREAS, This action does not constitute a “project” under the California Environmental Quality Act Guidelines section 15378(a) because there would be no physical change in the environment; now therefore, be it
RESOLVED, That this Commission hereby revises Section E, Rule 12.1(g) (Water Use Restrictions) of the Rules and Regulations as follows (additions are shown in bold underline and deletions are shown in bold strikethrough):
The customer will be in violation of the SFPUC’s Water Waste Restrictions if the customer is found to be using water in the following ways:
. . .
g) Use of potable water for backfill consolidation of backfill around non-potable piping, soil compaction, or dust control, or other nonessential construction purposes for construction or demolition projects within the boundaries of the City and County of San Francisco, if foundation drainage or recycled water, well water, or groundwater are is available. Recycled water must be used in accordance with State Water Resources Control Board, San Francisco Bay Regional Water Quality Control Board, and approved by the San Francisco Department of Public Health, and SFPUC standards, regulations, and requirements.
The SFPUC will review the customer’s fire hydrant meter application and allow temporary water supply from fire hydrants, if SFPUC determines that recycled water, well water, or groundwater are not available for the construction or demolition project. . . . .; and be it
FURTHER RESOLVED, that SFPUC staff will file a true and correct copy of the revised Rules and Regulations with the Clerk of the San Francisco Board of Supervisors no later than 10 days after the adoption of this Resolution.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 14, 2023.
Secretary, Public Utilities Commission
Rule 12.
Water Use Restrictions
1. The customer will be in violation of the SFPUC’s Water Waste Restrictions if the customer is found to be using water in the following ways:
a) Application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures.
b) Use of hoses for any purpose without a positive shut-off valve. c) Use of potable water to wash sidewalks, driveways, plazas, and other outdoor hardscapes for reasons other than health, safety, or to meet City of San Francisco standards for sidewalk cleanliness and in a manner that causes runoff to storm drains and sewer catch basins.
d) Use of single pass cooling systems, fountains and decorative water features, and commercial car washes.
e) Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
f) Irrigation with potable water of ornamental turf on public street medians. g) Use of potable water for backfill consolidation of backfill, around non-potable piping, soil compaction, or dust control, or other nonessential construction purposes for construction or demolition projects within the boundaries of the City and County of San Francisco, if foundation drainage or recycled water, well water, or groundwater are is available. Recycled water must be used in accordance with State Water Resources Control Board, San Francisco Bay Regional Water Quality Control Board, and approved by the San Francisco Department of Public Health, and SFPUC standards, regulations, and requirements.
The SFPUC will review the customer’s fire hydrant meter application and allow temporary water supply from fire hydrants, if SFPUC determines that recycled water, well water, or groundwater are not available for the construction or demolition project. h) Serving drinking water other than upon request at eating or drinking establishments, including restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served.
i) To promote conservation, hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily and display notice of this option in guestrooms.
2. Any homeowner’s association or community service organization or similar entity is prohibited from:
a) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code;
b) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or
c) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
3. As used in this Rule:
a) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development. b) “Homeowner’s association” means an “association” as defined in section 4080 of the Civil Code.
c) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
d) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
e) “Governing documents” has the same meaning as in section 4150 of the Civil Code. f) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
4. The SFPUC directs members of the public to report potential instances of water waste or other violations of this Rule through the City’s 311 system. SFPUC staff regularly review and respond to reports submitted. The SFPUC will notify customers and other entities subject to this Rule that it observes or are publicly reported to be violating a water waste restriction and advise them of corrective action. Notification methods may include letter, phone call, and dispatch of an inspector. Customers and other entities subject to this Rule may be subject to enforcement that could include fines on their water bill, installation of flow restriction devices, injunctions, or other actions as deemed appropriate
Rule 12.
Water Use Restrictions
1. The customer will be in violation of the SFPUC’s Water Waste Restrictions if the customer is found to be using water in the following ways:
a) Application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures.
b) Use of hoses for any purpose without a positive shut-off valve. c) Use of potable water to wash sidewalks, driveways, plazas, and other outdoor hardscapes for reasons other than health, safety, or to meet City of San Francisco standards for sidewalk cleanliness and in a manner that causes runoff to storm drains and sewer catch basins.
d) Use of single pass cooling systems, fountains and decorative water features, and commercial car washes.
e) Application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
f) Irrigation with potable water of ornamental turf on public street medians. g) Use of potable water for backfill
consolidation around non-potable piping, soil
compaction, or dust control for construction or demolition projects within the boundaries of the City and County of San Francisco, if recycled water, well water, or groundwater are available. Recycled water must be used in accordance with State Water Resources Control Board, San Francisco Bay Regional Water Quality Control Board, San Francisco Department of Public Health, and SFPUC standards, regulations, and requirements.
The SFPUC will review the customer’s fire hydrant meter application and allow temporary water supply from fire hydrants, if SFPUC determines that recycled water, well water, or groundwater are not available for the construction or demolition project. h) Serving drinking water other than upon request at eating or drinking establishments, including restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served.
i) To promote conservation, hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily and display notice of this option in guestrooms.
2. Any homeowner’s association or community service organization or similar entity is prohibited from:
a) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code;
b) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or
c) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
3. As used in this Rule:
a) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development. b) “Homeowner’s association” means an “association” as defined in section 4080 of the Civil Code.
c) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
d) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
e) “Governing documents” has the same meaning as in section 4150 of the Civil Code. f) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
4. The SFPUC directs members of the public to report potential instances of water waste or other violations of this Rule through the City’s 311 system. SFPUC staff regularly review and respond to reports submitted. The SFPUC will notify customers and other entities subject to this Rule that it observes or are publicly reported to be violating a water waste restriction and advise them of corrective action. Notification methods may include letter, phone call, and dispatch of an inspector. Customers and other entities subject to this Rule may be subject to enforcement that could include fines on their water bill, installation of flow restriction devices, injunctions, or other actions as deemed appropriate