7/15/2015 Item #10A Page 1

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1 MEETING DATE: July 15, 2015 PREPARED BY: Kerry Kusiak, Senior Planner II DEPT. DIRECTOR: Jeff Murphy DEPARTMENT: Planning and Building ACTING CITY MGR: Glenn Pruim SUBJECT: Presentation of information on graywater systems and public hearing to consider the introduction of draft City Council Ordinance No , which amends the City s Building Code to promote installation and use of graywater systems in residential homes. RECOMMENDED ACTION: 1. Consider the information in the Agenda Report; 2. Open the public hearing and receive and consider public testimony; and, 3. Introduce, with modifications as determined necessary, City Council Ordinance No , an Ordinance of the City Council of the City of Encinitas, California Amending Section (Plumbing Code) and Section (A) of the Encinitas Municipal Code to promote the installation and use of Graywater Systems (Attachment A). STRATEGIC PLAN: This agenda items relates to the Community Planning Focus Area (Goal #3) and the Environment Focus Area (Goal #1 and #3) of the City s Strategic Plan. FISCAL CONSIDERATIONS: It is anticipated that the code changes proposed in this ordinance would result in added construction costs in the amount of roughly $300 per single family dwelling. If a homeowner elected to install these improvements and retrofit an existing home, the cost for the retrofit would be greater than the upfront cost at the time of new home construction. BACKGROUND: On April 15, 2015, the City Council approved an ordinance that amended the City s Building Code to promote solar-photovoltaic and electric vehicle charging systems in new single-family homes. Following approval of the ordinance, the Council directed staff to return with proposed code changes that would promote graywater systems. This Agenda Report is intended to respond to this Council direction. Additionally, water strategy W-2 of the City s Climate Action Plan calls for reduced water consumption for landscaping, and educating and incentivizing the community on water conservation practices for landscaping. 7/15/2015 Item #10A Page 1

2 ANALYSIS: The State of California has experienced an extended period of drought, prompting State of Emergency proclamations from Governor Brown in January and April 2014 related to water shortages and drought conditions. Residential use of potable water for outdoor irrigation typically amounts to over 50% of the overall water use for a single-family home. A. What is Graywater? And what is a graywater system? Graywater is untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. It includes but is not limited to wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs. It does not include wastewater from toilets, kitchen sinks, dishwashers, or laundry water from soiled diapers or similarly soiled garments, due to potential health issues. Graywater may not contain hazardous chemicals that may come from washing car parts, washing greasy or oily rags, or waste solutions such as from home photo labs or similar hobbyist or home occupational activities. Typical graywater systems are onsite wastewater devices that dispose filtered, but untreated graywater from a source (i.e. washbasin) into subsurface landscape irrigation via mulch basins, disposal trenches or subsurface drip irrigation fields. B. Why are graywater systems regulated? Graywater is substantially cleaner than typical wastewater or sewage, but is still subject to contamination with dirt, food, grease, hair, and cleaning products. Although safe and even beneficial for irrigation, nutrients and minor contaminants in graywater become pollutants when released into rivers, lakes, streams, estuaries, or groundwater, and when graywater comes into direct contact with humans and animals. Graywater is regulated through the California Plumbing Code and State Water Code, which include regulations designed to protect public and environmental health. These regulations help address the following. Ensure that installed graywater systems operate in all weather conditions with minimal maintenance; Prevent the contamination of groundwater from improperly designed graywater systems; Prevent the contamination of surface water from improperly designed and operated graywater systems; and, Prevent contact with effluent by humans and animals. In addition to the state laws, local water districts typically require the installation of a backflow prevention device at the water meter to ensure protection of the public water supply. C. Besides the City, who regulates graywater systems? California Regional Water Quality Control Boards (Regional Water Boards) regulate discharges of waste to land. State Water Code provides that Regional Water Boards may approve waivers for specific types of discharges provided the waivers are consistent with regional water quality control plans and are in the interest of the public. 7/15/2015 Item #10A Page 2

3 The San Diego Regional Water Board adopted Order No. R on June 26, 2014 to provide conditional waivers for 36 different types of waste discharges, including discharges of graywater through onsite disposal systems. Discharge of graywater qualifies for Waiver No. 1 of the order provided that the graywater disposal system is installed in compliance with California Plumbing Code Chapter 16 and that the discharger files a Notice of Intent (NOI) with the San Diego Regional Water Board. The NOI is submitted on a form developed by the Regional Board and provides basic information about waste discharges to them. Information required in the NOI includes the location of the system, the owner of the property, the operator of the system, the waiver type proposed, description of the discharge and how it will be managed, and any additional information about the discharge and/or how the discharger will comply with the conditions of the waiver. D. What are the requirements under the California Plumbing Code? Chapter 16 of the California Plumbing Code (CPC) (Attachment B) establishes regulations and permitting requirements for onsite graywater disposal systems. Under the code, untreated graywater systems fall into three basic categories: 1. Clothes washer systems These are graywater systems that collect discharge water only from clothes washers. Clothes washer systems that comply with the 13 conditions identified in CPC are exempt from construction permit requirements. These conditions include requirements that the system has no connection to potable water supply, does not have a pump other than the pump in the clothes washer, and does not affect other building, mechanical, electrical, or plumbing components. 2. Simple systems Simple systems are graywater systems that collect discharge water from acceptable sources in addition to clothes washing machines and have a discharge capacity of 250 gallons or less per day. Simple systems can have interconnections with potable water systems, provided an air-gap or backflow prevention device is installed, and can utilize a pump. 3. Complex systems These are similar to Simple Systems but have a discharge capacity over 250 gallons per day. Simple and Complex Systems typically require modification of existing plumbing, use a pump, or have a connection to potable water supply. As such, installation of these units requires permitting and inspection to ensure that systems are installed correctly and to code. For example, some of the more significant state code requirements that city inspectors look for include the following. The system has proper backflow prevention to protect the public water supply; Electrical connections are properly grounded to reduce risk of electrocution; Discharge of the water is on the same property where the system is located; Discharge is subsurface or protected by at least two inches of cover; 7/15/2015 Item #10A Page 3

4 Discharge of the water does not have the ability to pond or runoff the site; and, The system is designed to hold graywater for no more than 24 hours to minimize the risk of vectors. E. What is the process to get a permit? A plumbing permit is required for Simple and Complex Systems and in cases where a pump is proposed, an electrical permit is necessary. Permit applications for graywater systems are reviewed by the Planning & Building staff for compliance with the CPC. Public Works staff reviews the site plan to ensure that the graywater system design will not cause runoff or ponding, and that graywater discharge will not enter any storm drain. Also, applicants must verify that they have filed the required Notice of Intent with the San Diego Regional Water Board and that graywater systems with connections to the potable water system must be reviewed by the applicable water district to ensure that backflow prevention devices are installed at the water meter. Generally, permit costs for graywater systems that do not include an electrical pump is less than $300. If a system includes an electric pump, the electrical/plumbing cost is slightly over $500 (Attachment C). Currently, its takes roughly five to 10 business days to secure a permit for a graywater system. F. What can be done to make permitting easier? A balanced approach to City standards is suggested that would encourage graywater systems to be utilized, but would also ensure that potential hazards associated with graywater use are avoided. The draft ordinance would allow more flexibility and allowance in the type of Clothes Washer System that can be installed without a permit. As proposed, a Clothes Washer System that utilizes discharge from a single clothes washer or hand-washing sink in a one- or two-family dwelling would not require a permit, provided the following is maintained. May not include a potable water connection or the use of a pump May not affect other plumbing, electrical, mechanical or building components Must implement Best Management Practices to prevent runoff Must have a daily capacity of 250 gallons or less If the system includes one or more of these elements, it qualifies as a Simple or Complex System. The CPC requirement for Simple and Complex Systems to obtain a construction permit would not be modified for the health and safety reasons previously discussed. Additionally, to encourage and facilitate the use of graywater by new homeowners, it is suggested that all new home construction be required to include pre-plumbing of graywater systems throughout the home, accepting discharge from all permissible sources and with a stub-out for graywater discharge to be incorporated into a dedicated landscape irrigation system. The attached ordinance would also add to the water efficiency and conservation standards of the California Green Building Standards Code a requirement that all new single-family residential development be constructed with plumbing to serve a graywater system, including a stub-out conveniently located for integration with landscape irrigation. An exception is provided for properties where percolation tests show that the soil is unable to properly absorb the discharge from a graywater system. 7/15/2015 Item #10A Page 4

5 Based on Council action, staff will prepare frequently asked questions (FAQ) documentation to assist homeowners in understanding graywater systems and when a permit is required. Additionally, staff will prepare a checklist of submittal requirements to provide guidance and clarity for those systems that require a permit. G. What about Available Rebate Programs? In addition to possible amendments to regulatory codes, the Council requested information on ways to encourage the installation of residential graywater systems and rain barrels (i.e. rebates and incentives). Water conserving rebate programs (i.e. turf removal, smart sprinklers and low-flow toilets) are managed by the local water districts. The Metropolitan Water District of Southern California (MWD) offers rebates for residential and commercial customers region wide. Rebates are available on a firstcome, first-serve basis, until funding is exhausted. Residents who seek to be more water efficient may be eligible to secure rebates on certain home improvements such as turf removal or the installation of weather-based irrigation systems, high-efficiency toilets or high-efficiency clothes washers. Eligibility and rebate amounts can be viewed at The MWD does not offer incentives for graywater systems, but does offer rebates for rain barrels ($75 per barrel, maximum of 4-50 gallon or larger barrels). More information on the rain barrel rebates can be found via the link below. On July 15, 2015 (5:00 pm), the San Diego County Water Authority will be providing a presentation to the San Dieguito Water District Board regarding their water conservation program. Some of the discussion points will include program funding and how rebates are prioritized. ENVIRONMENTAL CONSIDERATIONS: The proposed amendment to the Municipal Code before the City Council is exempt from environmental review as per Section of the California Environmental Quality Act (CEQA) Guidelines, which exempts actions taken by regulatory agency for protection of the environment where the regulatory process provides procedures for protection of the environment. None of the exceptions in CEQA Guidelines Section exist. Notwithstanding the exemption as per Section 15308, it has been determined that there is no possibility that the activity may have a significant effect on the environment; therefore pursuant to Section 15061(b)(3) of the CEQA Guidelines the activity is exempt from the provisions of CEQA. ATTACHMENTS: Attachment A: Ordinance Attachment B: California Plumbing Code Chapter 16 Attachment C: Permit costs 7/15/2015 Item #10A Page 5

6 Attachment A Ordinance Graywater Systems July 15, /15/2015 Item #10A Page 6

7 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA AMENDING SECTION (PLUMBING CODE) AND SECTION (A) OF THE ENCINITAS MUNICIPAL CODE TO PROMOTE THE INSTALLATION AND USE OF GRAYWATER SYSTEMS WHEREAS, the State of California, and other areas of the Southwestern United States where water for California originates, have been in a state of extreme drought for several years; and, WHEREAS, there is a declared State of Emergency in California due to current drought conditions; and, WHEREAS, the City s adopted Climate Action Plan includes water strategy W-2 of the City s Climate Action Plan, which calls for reduced water consumption for landscaping, and educating and incentivizing the community on water conservation practices for landscaping; and, WHEREAS, residential potable water use for landscape irrigation can amount to more than half of the total potable water use for a home; and, WHEREAS, a typical family of four produces around 160 gallons of graywater per day that could be diverted through a graywater system to be used for landscape irrigation, replacing up to 60,000 gallons of potable water use per year; and, WHEREAS, the California Department of Public Health, the Department of Housing and Community Development, and several other environmental and water health agencies cooperated in the development of graywater standards found in Chapter 16 of the current, 2013 California Plumbing Code and declared the developed standards are protective of public health; and, WHEREAS, graywater use in conformance with the 2013 California Plumbing Code provides a safe method of reducing potable water demand; and, WHEREAS, the installation of plumbing, including a stub out for connection to landscape irrigation, at the time of construction of new home greatly facilitates the use of graywater in residences; and, WHEREAS, the City Council specifically and expressly finds and declares that adding Section (B) to the Municipal Code is necessary due to local climatic conditions. As a result of prolonged drought exacerbated by climate change, water supplies from imported sources are reduced and local water suppliers have been directed to achieve significant reductions in potable water use, while population and economic growth are expected to increase demand for water. Requiring plumbing for graywater stub out in new residential development facilitates the use of graywater for irrigation, which in turn helps address drought-related water supply impacts. 7/15/2015 Item #10A Page 7

8 NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows: SECTION ONE: Section (B) is added to the Municipal Code as follows: B. Additions to the California Plumbing Code, 2013 Edition, shall be as follows: SECTION TWO: Section (14) is added to the California Plumbing Code to read: (14) A Clothes Washer System consists solely of one single domestic clothes washing machine in a one- or two-family dwelling. Section (A) is added to the Municipal Code as follows: A. Additions to the California Green Building Standards Code, 2013 Edition, shall be as follows: SECTION THREE: Section (1)(b) is added to the California Green Building Standards Code to read: (b) Newly constructed single-family dwelling units shall be pre-plumbed for a graywater system permitted and constructed in accordance with Chapter 16 of the California Plumbing Code in a convenient location for integration of the graywater system with landscape irrigation systems and accepting graywater from all sources permissible in conformance with the definition of graywater as per Section of the California Water Code, Exception: A graywater system shall not be permitted where a percolation test shows the absorption capacity of the soil is unable to accommodate the discharge of a graywater irrigation system. ENVIRONMENTAL FINDING. The City Council finds in its independent judgment, that the proposed amendment to the Municipal Code is exempt from environmental review as per Section of the California Environmental Quality Act (CEQA) Guidelines, which exempts actions taken by regulatory agency for protection of the environment where the regulatory process provides procedures for protection of the environment. None of the exceptions in CEQA Guidelines Section exist. Notwithstanding the exemption as per Section 15308, the City Council further finds that there is no possibility that the activity may have a significant effect on the environment; therefore pursuant to Section 15061(b)(3) of the CEQA Guidelines the activity is exempt from the provisions of CEQA. 7/15/2015 Item #10A Page 8

9 SECTION FOUR: This ordinance was introduced on July 15, PASSED AND ADOPTED this day of, 2015 by the following vote to wit: AYES: NAYS: ABSTAIN: ABSENT: ATTESTATION AND CERTIFICATION: Kristin Gaspar, Mayor City of Encinitas I hereby certify that this is a true and correct copy of Ordinance No which has been published pursuant to law. Kathy Hollywood, City Clerk 7/15/2015 Item #10A Page 9

10 Attachment B California Plumbing Code Chapter 16 Graywater Systems July 15, /15/2015 Item #10A Page 10

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22 Attachment C Permit Costs Graywater Systems July 15, /15/2015 Item #10A Page 22

23 Graywater System Permit costs Plumbing permit required. Electrical permit required for systems with pump. Permit costs: For a system that does not require a pump: Plumbing Permit Fee: $ Plan Check Fee: $33.00 Permit Issuance Fee: $35.50 Overhead Fee: $68.17 Public Works site plan review $30.00 Total: $ If a pump is utilized that requires electrical work: Plumbing Permit Fee: $ Electrical Permit Fee: $ Plan Check Fee: $66.00 Permit Issuance Fee: $35.50 Overhead Fee: $ Public Works site plan review $30.00 Total: $ Additional fees would apply if mechanical, structural, and/or geological review is required. Inspection is included. For new home construction, plumbing permit costs are calculated at 8% of the building permit cost for the home. Plumbing for a graywater system would be included. 7/15/2015 Item #10A Page 23

GRAYWATER SYSTEMS FOR RESIDENTIAL BUILDINGS

City of Azusa Building & Safety Department 213 E. Foothill Blvd. Azusa, CA 91702-1395 (626) 812-5234 Fax: (626) 334-5464 GRAYWATER SYSTEMS FOR RESIDENTIAL BUILDINGS A. GRAYWATER SYSTEMS Under State regulations,