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HomeMy WebLinkAbout01 WATER CONSERVATION PROGRAM 06-02-019Agenda Item 1 ~ Reviewed: AGENDA REPORT City Manager Finance Director NIA MEETING DATE: June 2, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: ORDINANCE No. 1365 ADOPTING PERMANENT WATER WASTE PROHIBITIONS AND ESCALATING WATER RESTRICTIONS OVER FOUR WATER SUPPLY SHORTAGE CONDITIONS SUMMARY In response to potential water shortages, Metropolitan Water District (MWD) has asked water service providers to update and adopt a water conservation ordinance by July 2009. Using MWD's model ordinance, along with consulting other agencies, Tustin staff has drafted Water Conservation Ordinance No. 1365. RECOMMENDATION It is recommended that City Council introduce and approve the first reading of Ordinance No. 1365 adopting permanent water waste prohibitions and escalating water restrictions over four water-supply shortage conditions to promote water use efficiency and reduce water waste. FISCAL IMPACT MWD's water conservation grants and rebate programs will not be available to the City and its service area customers if a water conservation ordinance is not adopted by July 2009. BACKGROUND In May 2008, the Orange County Grand Jury released a report stating that Orange County faces a looming water crisis and calling for water agencies to expand efforts to promote water conservation. In June 2008, Governor Arnold Schwarzenegger proclaimed a statewide drought and issued an Executive Order to take immediate action to address the serious drought conditions and water delivery limitations that exists in California. With no significant improvement on water supply in recent months, on April 14, 2009, the MWD's Board of Directors voted to call for implementation of Water Supply Allocation Plan. The Water Supply Allocation Plan is being implemented at a 10% reduction in available imported water supply and will be effective on July 1, 2009 through June 30, 2010. The adoption and enforcement of a water conservation ordinance is necessary to manage the City's potable water supply to minimize the effects of any water shortages. This program is essential to ensure a reliable supply of water for the public health, safety and welfare of the city and its service area customers. ORDINANCE No. 1365 -WATER CONSERVATION June 2, 2009 Page 2 DISCUSSION The proposed water conservation ordinance establishes permanent water conservation measures as well as four stages of response to escalating water shortages. The permanent water conservation measures are year-round water use requirements to promote water use efficiency. The permanent water conservation measures include primarily behavioral actions such as limiting irrigation times, fixing leaks in a timely manner, prohibiting the washing of paved surfaces, and controlling excessive runoff. A number of cities, counties, and water districts within Metropolitan's service area have alr.,eady adopted many of these permanent restrictions. The ordinance also establishes four stages of response to escalating water shortages that mirror Metropolitan's Water Supply Alert resolution and progress from permanent baseline restrictions to mandatory reductions during water supply allocation. Depending on severity of the shortage conditions, the City could declare Stage 1 Water Watch (10 - 20% reduction), Stage 2 Water Alert (20 - 30% reduction), Stage 3 Water Warning (30 - 40% reduction), or Stage 4 Water Emergency (more than 40% reduction). Each elevated stage will include the measures of the permanent and previous stage(s) and is intended to be more restrictive than the previous stage. The City will call for water shortage stage when it is determined daily water demand is greater than available water supply or the demand cannot be reduced sufficiently through implementation of permanent and previous stage measures. Once the stage is declared and ratified by the City Council, notice of the required water use reduction will be promptly given to customers. To ensure the compliance of these measures, the City may impose financial penalties for violations and water waste. The measures for water use efficiency are not applicable to the use of water necessary for health and safety of the public, or for essential public services such as police, fire, or other similar emergency services. Tim D. Serlet Director of Public Works/City Engineer S. Stack nt Public Works Director Attachment(s): Ordinance No. 1365 Water conservation Ordinance 1365 - Hearing.docx ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RESCINDING ORDINANCE 1063 AND ESTABLISHING CHAPTER 10 of ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO WATER CONSERVATION The City Council of the City of Tustin does ordain as follows: SECTION 1: Authority. This ordinance is enacted pursuant to Section 375 of the California Water Code, and Sections 37100 and 38742 of the California Government Code. SECTION 2: Findings. A. The protection, conservation, and management of local and imported water supplies are one of the main functions of the City of Tustin as a domestic water purveyor. Per California Water Code Section 375, the City has the power to perform all acts necessary to establish rules and regulations for the distribution and use of water, and undertake a water conservation program to promote efficient water use and reduce water waste. B. Wasteful water use practices constitute a potential threat to, and an unacceptable reduction of the City of Tustin's water supplies. The prevention of water waste is an economically and environmentally feasible way to protect, conserve, and prevent unacceptable reduction of the City's water supplies. C. The water conservation measures and progressive restrictions on water use and method of use identified by this ordinance provide certainty to water users and enable the City to control water use, provide water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of its customers. SECTION 3: Purpose of Ordinance. The purpose of this ordinance is to: (1) to repeal in its entirety City of Tustin Ordinance No. 1063 and adopt said ordinance establishing Chapter 10 of Article 4 to the Tustin City Code; (2) establish guidelines for year-round water conservation; and (3) to implement water demand reduction stages during a drought or similar emergency affecting the quantity, quality and availability of City water supplies; SECTION 4: General Provisions. Chapter 10 of Article 4 of the Tustin City Code is hereby established to read as follows: Chapter 10 WATER CONSERVATION Sections: 4950 Short Title. 4951 Purpose. 4952 Definitions. 4953 Application. 4954 Permanent restrictions on water waste at all times. 4955 Water demand reduction stages. 4956 Enforcement and administration. 4957 Appeals. 4958 Variances. 4959 Additional water conservation measures. 4950 Short Title. This chapter may be cited as the Water Conservation Ordinance of the City of Tustin. 4951 Purpose. The purposes of this chapter are to: (1) establish guidelines for year-round water conservation; (2) to implement water demand reduction stages during a drought, earthquake or similar emergency affecting the City's water supplies; and (3) to reduce or eliminate water waste City-wide. 4952 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: "Allowable Water Usage" means the amount of water delivered to a customer's premises which does not exceed the maximum amount established pursuant to this ordinance. "Billing Period" means the time interval [typically sixty (60) days] between two consecutive water meter readings taken for billing purposes. "Billing Unit" means one hundred (100) cubic feet of water (748 gallons). "City" shall mean the City of Tustin, Orange County, California. "Drinking Water" means potable water only. "Effective Date" shall mean the date the ordinance adopting this chapter becomes effective. "Enforcement Officer" shall mean any officer or employee within the City of Tustin water division, water billing, code enforcement or employee designated by the City Manager. "EOCWD" shall mean East Orange County Water District. "Impervious surface" shall mean a constructed or modified surface that cannot effectively infiltrate water. The term includes, but is not limited to, sidewalks, driveways, v-ditches, gutters and paved roadways. "MWD" shall mean The Metropolitan Water District of Southern California. "MWDOC" shall mean the Municipal Water District of Orange County. "Non-essential water use" shall mean the application or usage of water for functions or additional activities which do not have any health or safety impacts, are not required by regulation, and are not part of a core function or process at a business. "Quasi-Public Entity" shall mean an entity, other than a governmental agency, whether characterized by statute as a public corporation, public instrumentality, or otherwise, that is expressly created by statute for the purpose of administration of a state or local function. "Water Quality Regulations" are the storm water regulations in Tustin City Code Section 4900. "Water Service Area" shall mean the City of Tustin, Orange County, California, and unincorporated areas with water service provided by the city of Tustin Water Services Division of the Public Works Department. "Water Waste" shall mean uses of water which are prohibited or limited, going beyond the purpose of necessary or intended use, including area runoff, and which could reasonably be prevented. "Weather-based irrigation controller" shall mean an irrigation controller that operates based on evapotranspiration rates and historic or real-time weather data. 4953 Application. This chapter shall apply only to the City of Tustin's Water Service Area that receives water service directly from the City of Tustin Water Services, including, without limitation, those portions in unincorporated Orange County known as the North Tustin Area, within the City's Water Service Area. Compliance with the provisions of this chapter shall be a condition of water service within this Water Service Area. This chapter shall not apply to those portions of the City not within the City's Water Service Area, including, without limitation, those portions within the service area of the Irvine Ranch Water District, such as Tustin Ranch and Tustin Legacy. 4954 Permanent Restrictions On Water Waste At All Times. The following activities or measures are in effect year-round, regardless of whether or not a water demand reduction stage has been declared. During water demand reduction stages, additional and more restrictive measures may be put in place. These are described in greater detail in Section 4955 of this Ordinance. A. Repair of Plumbing. Sprinkler and Irrigation Svstem. A customer shall within seven (7) days of being notified by the City initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, or distribution systems which cause or may cause water waste or runoff, and shall promptly pursue such repair work to completion. B. Watering/Irrigation. 1. No person shall water their lawn or landscaping or permit their lawn or landscaping to be watered between the hours of ten (10:00) AM and four (4:00) PM, except when using the following methods: (a) Drip, bubbler, or soaker irrigation hardware or emitters; (b) By hand using a bucket; (c) By hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler as long as such sprinkler causes no overspray or runoff; and/or (d) No person shall allow lawns, groundcover, shrubbery, other landscape material, or open ground to be watered at any time while it is raining. Weather-based irrigation controllers may be turned off manually, or connected to a rain shutoff device. 2. Every person shall operate their landscape irrigation system(s) to minimize overspray and/or excess runoff onto impervious surfaces (such as sidewalks, driveways, v-ditches, gutters and roadways). C. Washing of Vehicles. No customer shall use a water hose to wash any car, truck, boat, trailer, bus, recreational vehicle, camper, tractor, or any other vehicle, or any portion thereof, unless the hose is equipped with an automatic shutoff nozzle. D. Cleaning of Surfaces. No customer shall use water through a hose including pressure-washing, to clean any sidewalk, driveway, roadway, parking lot, sports court, or any other outdoor paved or hard surfaced area except when necessary to alleviate safety and sanitary hazards, and then only by use of a hand-held bucket or similar container, ahand-held hose equipped with a positive self-closing water shut- off device, glow-volume, high-pressure cleaning machine equipped to recycle any water used, or glow-volume high-pressure water broom. E. Food Service Facilities. Food service facilities in the City shall not serve water to customers or patrons, except upon request of the customer or patron. F. Commercial Lodging Establishments. Hotels, motels and other commercial lodging establishments are encouraged to provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall prominently display notice of this option in each bathroom using clear and easily understood language. G. Use of Hydrants. No person may use water from any City fire hydrant for any purpose. Such use is limited to fire suppression, sanitation or other similar health and safety programs. H. No Excessive Water Flow and Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. I. Water Fountains/ Decorative Water Features. Operating a water fountain or other decorative water feature that does not use re-circulated water is prohibited. J. No Installation of Sinole Pass Cooling S stems. Installation of single pass cooling systems is prohibited in buildings requesting new water service. K. No Installation of Non-re-circulating in Commercial Car Wash and Laundry Systems. Installation of non-re-circulating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems. L. Commercial Car Wash Svstems. Upon Effective Date of this ordinance, all new commercial conveyor car wash systems must have installed operational re- circulating water systems, or must have secured a waiver of this requirement from the City of Tustin. M. Exceptions: The permanent restrictions on water use are not applicable to the use of water necessary for health and safety, or for essential public services such as police, fire, or other similar emergency services. 4955 Water Demand Reduction Stages The City Council shall require or impose reductions in the use of water when such reductions are necessary for the City to comply with water use restrictions required by MWD, or MWDOC, or EOCWD in response to water shortage conditions and emergencies. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to some or all of the actions listed in the following four (4) water demand reduction stages, which shall take effect upon declaration by the City Council. Notice of the stage required shall be promptly given by the means deemed most effective by the City Manager or designee(s). In an emergency, the City Manager or designee(s) may make the declaration, which will be ratified by the City Council at a subsequent meeting. Each elevated stage will include the conditions of the previous stages, and are intended to be more restrictive than the previous stages. A. Stage 1 / Voluntary Compliance: Water Watch: 10-20% Reduction Stage 1 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Notice of the reduction required of City customers shall be promptly given by the means deemed most effective by the City Manager or designee(s). Stage 1 can occur but not be limited to periods when the City determines that daily water demand is greater than available production or supply. B. Stage 2 - Mandatory Compliance -Water Alert: 20-30% Reduction Stage 2 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Notice of the reduction required of City customers shall be promptly given by the means deemed most effective by the City Manager or designee(s). When a Stage 2 is declared, all Stage 1 water use provisions shall remain in effect. Stage 2 can occur but not be limited to periods when the City determines that daily water demand is greater than available water production or supply, and/or that demand cannot be reduced sufficiently through implementation of Stage 1 measures. The City may impose financial penalties established by the City Council if a customer violates Stage 2 use provisions. The following additional mandatory conservation measures shall apply during Stage 2: Repair of Plumbing Sprinkler and Irrigation System. A customer shall within seventy two (72) hours of being notified by the City initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, or distribution systems which cause or may cause water waste or runoff, and shall promptly pursue such repair work to completion. 2. Watering/Irrigation. In addition to the permanent restrictions established in Section 4954(B)(1), persons may only water their lawn or landscaping or permit their lawn or landscaping to be watered no more than 3 days within any 7 day period on a schedule established and posted by the City, except when using the following methods: (a) Drip, bubbler, or soaker irrigation hardware or emitters; (b) By hand using a bucket; (c) By hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler as long as such sprinkler causes no overspray or runoff; and/or (d) No person shall allow lawns, groundcover, shrubbery, other landscape material, or open ground to be watered at any time while it is raining. Weather-based irrigation controllers may be turned off manually, or connected to a rain shutoff device. C. Stage 3 -Mandatory Compliance -Water Waming~ 30-40% Reduction Stage 3 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Notice of the reduction required of City customers shall be promptly given by the means deemed most effective by the City Manager or designee(s). Stage 3 may occur but not be limited to, periods when the City determines that daily water demand is greater than available water production or supply, and that demand cannot be reduced sufficiently through implementation of Stage 1 and 2 measures. The City may impose financial penalties established by the City Council if a customer violates Stage 3 water use provisions. The following additional mandatory conservation measures shall apply in Stage 3: 1. Repair of Plumbing Sprinkler and Irrigation Svstem. A customer shall within forty eight (48) hours of being notified by the City initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, irrigation or distribution systems which cause or may cause water waste or runoff, and shall promptly pursue such repair work to completion. 2. Watering/Irrigation. In addition to the permanent restrictions established in Section 4954(6)(1), persons may only water their lawn or landscaping or permit their lawn or landscaping to be watered no more than 2 days within any 7 day period on a schedule established and posted by the City, except when using the following methods: (a) Drip, bubbler, or soaker irrigation hardware or emitters; (b) By hand using a bucket; (c) By hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler as long as such sprinkler causes no overspray or runoff; and/or (d) No person shall allow lawns, groundcover, shrubbery, other landscape material, or open ground to be watered at any time while it is raining. Weather-based irrigation controllers may be turned off manually, or connected to a rain shutoff device. 3. Agriculture/Nurseries. Agricultural users and commercial nurseries may be subject to additional restrictions if the regional or local agency or jurisdiction deems necessary. The City will make a good faith effort to inform agricultural users and commercial nurseries of any such restrictions. Monetary penalties will be passed through to agricultural customers, if assessed by MWD or MWDOC. 4. Pools/Spas. Prohibit the filling or emptying and refilling of swimming pools and spas excluding normal maintenance of water levels due to evaporation. D. Stage 4 - Mandatory Compliance -Water Emergencv~ More than 40% Reduction Stage 4 applies during periods when the City determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. When a Stage 4 is declared, all Stage 1 through Stage 3 use provisions shall remain in effect except as noted below. Notice of the reduction required shall be promptly given by the means deemed most effective by the City Manager or designee(s). In Stage 4, all measures necessary to meet basic health and safety needs shall be undertaken, while all other water uses shall be reduced or prohibited. The City may impose financial penalties established by the City Council if a customer violates Stage 4 water use provisions. The following additional mandatory conservation measures shall apply in Stage 4: Reoair of Plumbing, Sprinkler and Irriaation System. A customer shall within twenty four (24) hours of being notified by the City initiate steps to repair any leaking, broken or defective water pipes, faucets, plumbing fixtures, other water service appliances, sprinklers, watering or irrigation systems, or distribution systems which cause or may cause water waste or runoff and shall promptly pursue such repair work to completion. 2. Watering/Irriaation. In addition to the permanent restrictions established in Section 4954(8)(1), persons may only water their lawn or landscaping or permit their lawn or landscaping to be watered no more than 1 day within any 7 day period on a schedule established and posted by the City, except when using the following methods: (a) Drip, bubbler, or soaker irrigation hardware or emitters; (b) By hand using a bucket; (c) By hand using a hose with an automatic shutoff nozzle or a hose-end sprinkler as long as such sprinkler causes no overspray or runoff; and/or (d) No person shall allow lawns, groundcover, shrubbery, other landscape material, or open ground to be watered at any time while it is raining. Weather-based irrigation controllers may be turned off manually, or connected to a rain shutoff device. 3. Pools, spas, water features. Filling, refilling or adding of water to swimming pools, spas, ponds, lakes, and other water features is prohibited unless an automatic refill is used. Pools and spas must be covered to minimize evaporation. 4. Commercial/Industrial Use. The City shall recommend limiting use of water for commercial, manufacturing or processing purposes to off-peak hours. 5. Construction. No new construction meters, services, or will-serve letters will be issued. All sales and deliveries of City water and/or use of City water for construction or grading purposes shall be suspended except to maintain the health, safety and welfare of the public. 6. Food/Lodging Establishments. Operators of restaurants, hotels, motels, and other commercial establishments offering lodging shall offer multiple day guests an option not to launder linens and towels daily. 4956 Enforcement and administration. The City Manager, officers, and designated employees of the City, shall enforce all the provisions of this Chapter. The City Manager or designee(s) shall implement and administer this Chapter. A. If a customer refuses to comply with this Chapter and violates the mandatory water conservation measures presented above, the City Manager or his/her designee may issue an administrative citation as set forth in Sections 1162 through 1165 of the Tustin City Code. B. Restriction and/or Termination of Water Service. In addition to any fines, the City may install a water flow restrictor device after issuing a written notice of intent to do so for a minimum of forty-eight (48) hours. The City may also disconnect and/or terminate a customer's water service. A customer is responsible for payment of the City's charges for installing and/or removing any flow-restricting device, and for disconnecting and/or reconnecting service per the City's schedule of charges in effect before the device is removed. C. Regulatory Fine Recovery. In the event that a City customer causes a regulatory agency to levy a fine against the City resulting from that customer's violations of the provisions of this Chapter, the customer shall be required to reimburse the City for the fine and associated administrative costs. 4957 Appeals. Administrative Citations. Any recipient of an administrative citation may appeal the matter by requesting an administrative hearing as specified in Section 1166, and follow procedures specified in Sections 1167 through 1171 of the Tustin City Code. 4958 Variances. The City Manager or designee(s) may grant written variances to customers for usages of water prohibited by Section 4954 according to the following process: A. Application. Application for a waiver shall be on a form prescribed by the City, and shall be accompanied by anon-refundable processing fee in an amount set by the City Council in a resolution. B. Supporting documentation. The application shall be accompanied by photographs, maps, drawings and other pertinent information, along with a statement from the customer in support of the application. C. Required findings for variance: An application for a variance shall be denied unless the City finds the following: (1) that the variance does not constitute a special privilege inconsistent with the limitations upon other City residents and businesses; (2) that because of special circumstances applicable to the property or its use, the strict application of this Part would have a disproportionate impact on the property or use that exceeds the impacts to City residents or businesses; (3) that the customer has implemented specific conservation measures which have achieved the maximum practical reduction in water use possible by the affected property or business; (4) that authorizing such a variance will not be of substantial detriment to adjacent properties, and will not materially affect the City's ability to effectuate the purpose of this Part and will not be detrimental to the public health, safety and interest; and (5) that the condition of a property or its intended use for which the variance is sought is not common, recurrent or general in nature. D. No variance: No variance may be granted for the filling of any decorative basin, pond, hot tub, spa, permanent swimming or wading pool unless the filling occurs as the result of performing necessary leak repairs. 4959 Additional water conservation measures. In addition to the water conservation requirements established by this Chapter, the City Manager or designee(s) is authorized to develop and promulgate additional water conservation plans and measures as needed to enable the City to meet the water demand reduction required by MWD, or MWDOC or EOCWD. SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or enforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 6. This Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. SECTION 7. CERTIFICATION /PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City after passage as required by law. PASSED AND APPROVED by the City Council of the City of Tustin at a regular meeting held on the day of 2009. DOUG DAVERT, Mayor PAMELA STOKER, City Clerk APPENDIX: WATER CONSERVATION ORDINANCE TABLE Permanent Stage is Water Watch Stage 2: Water Aiert Stage 3: Water Warning Stage 4: Water Emergency Year Round 10-20% reduction 20-30% reduction 30-4030 reduction required 40% or Greater reduction required required required Restrictions: Same as Same as Same as Permanent, Stage 1 Same as Permanent, Stage • Fix leaks within 7 Permanent Permanent & & Stage 2+ 1, Stage 2 & Stage 3 + days of notice Stage 1+ • Fix leaks in 48 hours of • Fix leaks within 24 • No Watering:l0 AM • Fix leaks notice hours of notice to 4 PM, except by within 72 hand hours of • Watering lawn and • Watering lawn and notice landscape no more than 2 landscape no more • Wash vehicles only days/week than 1 day/week with shutoff nozzle • Watering lawn and landscape • Agricultural/nurseries • Filling of pools and • Cleaning of surfaces no more than may be subject to spas prohibited except only with shutoff 3 days/week additional restrictions for automatic refill nozzle • No filling refilling of • Commercial use in off- • Restaurants only swimming pools except to peak hours serve water on maintain water level due request to evaporation • No new construction meters to be issued • Commercial lodging to provide option not to launder linen daily • Fire hydrant for fire suppression and/or emergency use only • No excess water flow or runoff • Use fountains, ponds, lakes and other water features only with re-circulating water • No new single pass cooling system allowed • No non-re-circulating water system in new commercial conveyor car wash and commercial laundry system