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Home My WebLink About2005-05-04 Board of Selectmen PacketPage 1 of 3 Hechenbleikner, Peter From: Kerry Mackin [kerrymackin@verizon.net] Sent: Friday, April 29, 2005 5:44 AM To: Town Manager Cc: Tafoya, Ben; Gina (Stream Team); Will Finch; Dave Williams; Miriam Lasher (work); Miriam Lasher Subject: re revised compromise Dear Peter and members of the Board of Selectmen, Attached are proposed revisions to the draft conditions from the WRC. I did not have an electronic version of the most recent comments distributed by Peter at Tuesday's meeting, so the "track changes" function highlights changes from the early April draft conditions. I have done my best to reflect and accomodate the priorities identified by the Town and by IRWA in an equitable way; I hope you'll find this to be true from your viewpoint as well. Condition 1, is modified to specify that very minor excursions from 1 mgd on a daily basis are acceptable, so long as increased pumping does not occur in low-flow periods, and the average for the May-Oct period does not exceed 1.0 mgd from Ipswich sources. There was some question on my part as to when and under what conditions you were looking for this to apply (I understood the long-term options once the water treatment plant is on-line; was less sure what you were aiming for in short-term hope this captures it.) Condition 2 is rewritten to incorporate changes to the stages of Reading's existing mandatory water use restrictions. As requested by the Selectmen, the flow-triggered restrictions described in Stage 2 and 3 together would apply less than half the time about 34% of the May-September period, based on 2000-2004 usage and streamflows. The Stage 2 restrictions allow sprinkler use 1 day per week, and would have been triggered almost 17% of the time during this period. IRWA's priority requirement for restrictions equivalent to those applying to other communities is reflected in Stage 3. However, Stage 3 is triggered only if Reading's water use exceeds its 5-year average monthly totals at the end of the prior month, AND flows are below 0.42 cfsm. This combination occurred 17% of the time from 2000-2004. Please also keep in mind that low-flows will be less frequent, all other things being equal, once Reading (and Wilmington) import water in the summer. Also, Reading will have the opportunity to let customers know that they should reduce water use to avoid going over the monthly trigger values, thus allowing them to take action to avoid stricter restrictions the next month. The "condition 2" proposal is to insert Stage 2 and 3 into Reading's restrictions, as follows: Stage 2: limit outdoor watering with sprinklers to 1 day per week, during limited hours, during low flow periods. Hand held hoses would be allowed during limited hours on other days. This applies May-September; the town may choose to restrict outdoor use in October at its discretion. (Reading may opt to allow one day of sprinkler use for odd numbered houses and a different day for even numbered houses, to avoid peak use problems. However, for any property, sprinklers can be used only one day a week.) Stage 3: if Reading's monthly water use exceeds its average for the past 5-years (based on end of month stats for May, June, July and August), then it would be required to prohibit sprinklers during low-flow periods during the subsequent month. Hand-held hoses would still 4/29/2005 / A, Page 2 of 3 be allowed during limited hours. Summary: I analyzed how many days each set of restrictions would have been imposed, based on water use and streamflow data for 2000-2004. 1 overlaid the two sets of data days restricted based on streamflows (DEP consecutive day rules) and days restricted due tp higher-than-average monthly water use. The dry years with most extreme low-flows are more likely to trip the stricter restrictions, whereas in a year like last year, the stricter restrictions would not have been in effect at all. This is to be expected because the drier the summer, the more watering unless there are effective restrictions in place. Again, Reading would have some ability to influence the amount of water use to help keep it below the monthly averages. Here's what it looks like for 2000-2004 (Total days May-Sept is 153; October not included for outdoor restrictions because this is not a peak watering period): 2000 total low flow days 74 (48% of 153 days note about 16% of these days are not subject to restrictions under DEP's guidelines) total Stage 2 days allowing one-day/week sprinklers 30 (20%) total Stage 3 days (hand-held only restrictions) 19 (12%) 2001 total low flow days 73 (48%) total Stage 2 days 20 (13%0) total Stage 3 days 36 (24%) (note: river experienced very extreme low-flows beginning in mid-late summer 2001) 2002 total low flow days 91 (59%) total Stage 2 days 20 (13%) total Stage 3 days 61 (40%) (note: river experienced very extreme low-flows beginning mid-summer in 2002 ) 2003 total low flow days 52 (34%) total Stage 2 days 30 (20%) total Stage 3 days 16 (10%) 2004 total low flow days 32 (21 total Stage 2 days 27 (18%) total Stage 3 days 0 (0%) 5-year average: total low flow days 322 (42%) total Stage 2 127 (17%) total Stage 3 days 132 (17%) Note: for the purposes of this analysis, low-flow days are days when flows at the South Middleton gage were below 0.42 cfsm, notwithstanding the fact that reasonable flow threshold for May is higher than 0.42 cfsm. The operational rules used were: flows below 0.42 cfsm for 3 consecutive days trigger requirement for mandatory restrictions; town has 7 days to fully implement; flows must exceed 0.42 cfsm for 7 consecutive days prior to lifting restriction. Finally, please note that I have not had the opportunity to closely review the remaining conditions and compare them to other drafts. I reserve the right to make additional comments 4/29/2005 lad Page 3 of 3 on those conditions, and that the proposed compromise contained in this email and the attachment is for the purpose of arriving at a mutually agreeable resolution and cannot be used for other purposes. I hope that you will find that this compromise is fair and acceptable to Reading. Thank you for your time and consideration, and I would be happy to answer any questions probably email is best, or I would be glad to come to Reading for another meeting if that would be helpful. thanks Kerry 1 a'3 4/29/2005 READING ITA CONDITIONS (IRWA SUGGESTED EDITS) Based on the analyses and concerns expressed about this project, staff recommend approval of Reading's application under the Interbasin Transfer Act for admission to the MWRA System subject to the following conditions. Reading must commit in writing to abide by these conditions. 1. (a) Reading will manage its sources so that for the months of May through October, it will limit use of its Ipswich River Basin sources to 1 mgd and will purchase up to 219 million gallons of water from the MWRA during that period. (b) As noted in the MEPA letter of March 31, 2005, "in the event that the Town of Reading should require the withdrawal of additional water supply from within the Ipswich River Basin beyond the proposed 1 mgd during the May 1-October 31 low- flow period as described in the FEIR to respond to an unforeseen, isolated or emergency situation, the Town would not be required to notify the MEPA Office. Should the Town require additional water supply from within the Ipswich River Basin in amounts beyond the proposed 1 mgdmillien-g-al-lerrs during the May 1 to October 31 period to address its water supply needs to respond to more than an unforeseen, isolated or emergency situation, then the Town would be required to submit a Notice of Project Change (NPC) to the MEPA Office."meet its water supply ne more gian enee in a five year period, the Town v,411 be requked to Submit a Nefiee o P t Change to the ME PA However, infrequent occasions of de minimus pumping (less than 1%) over 1 mgd shall not result in a requirement to file a NPC, if the average withdrawal from Ipswich Basin sources does not exceed 1 mgd for the May-October period for that year, and if any days when pumping exceeds 1 mgd do not coincide with periods when flows are below 0.42 cfsm at the South Middleton gage. (c) By "unforeseen, isolated or emergency situation" the Commission means an emergency which prevents the Town from receiving water from the MVVRA, or other unpredictable circumstance that results in a declaration of water supply emergency by the Department of Environmental Protection. "Unforeseen, isolated or emergency situation" does not include drought conditions or other events or conditions which normally occur from time to time and can be expected. (d) If, for any reason other- than a DEP emergeney dee Reading amends its contract with the MWRA to increase the amount of water purchased, the Town shallwill need to apply for additional ITA review. 2-.2.Because Reading's Ipswich River withdrawals will continue to impact the river and reduce its flows, and i1n order to comply with the ITA requirement to implement all practical water conservation measures, ensure that the water purchased from the MWRA will last through October, and that restrictions on Reading's water use are linked to streamflow in the Ipswich River, the Town shall amend Section 4.9 of the Town of ReadinlZ Water Conservation Program (mandatory restrictions on water use) to incorporate at a minimum the requirements in sections A, B and C below. These / ~ke requirements shall apply to non-essential outdoor water use, which means those uses that do not have health or safety impacts, are not required by regulation and are not needed to meet the core functions of a business or other organization. Reading shall have up to 7 days to complete notification of the community about implementation of increased stages of mandatory water use restrictions. A: Insert Stage 2: If flows fall below 18.7 cfs at the South Middleton gage ("gage") for 3 consecutive days, sprinkler use shall be restricted to one day per week during the hours of 6 a.m.-8 a.m. and 6 p.m.-8 p.m. Hand-held hoses may be used on other days during the same hours. Stage 2 restrictions shall remain in place until flows at the gage exceed 18.7 cfs for 7 consecutive days, or until September 30th, whichever comes first. Failure to comply with these requirements is punishable by a fine of $300 per day. [The Town may limit sprinkler use for even numbered houses to a different day than odd numbered houses, to assist in managing peak demand; however, no household shall use a sprinkler or sprinkler system for more than one day per week during a Stage 2 declaration.] Notwithstanding this provision, if Reading's water use for the month ending May 31St, June 30th, July 31St or August 31St exceeds the volumes for those months shown in the table below, Stage 3 restrictions shall be implemented in lieu of Stage 2 requirements. 31-May 2.04 mgd 30-Jun 2.06 mgd 31-Jul 2.24 mgd 31-Aug 2.15 mgd B. Insert Stage 3: If flows fall below 18.7 cfs at the South Middleton gage for 3 consecutive days, non-essential outdoor water use shall be restricted to hand-held hoses only during the hours of 6 a.m.-8 a.m. and 6 p.m.-8 p.m. These restrictions shall remain in effect until flows exceed 18.7 cfs at the gage for 7 consecutive days, or until September 30th, whichever comes first. Failure to comply with these requirements is punishable by a fine of $300 per day. C. Re-label Stage 2 as Stage 4. l l l d th f ll A en th noted the dates b dates that eVa or- e fl e, e . e o ow xeee S t U- - - d H h , qP , - e is at er- b a Ah Middleton , 40- elow 18 7 e& (0 str-eam owas « tI - e - e - - measure ld") then the Town w h g g lement additional out ill im . . door- water- use ff i:estTietions as , o es noted for eaeh threshold. T p hese additional r-est-fietions will remain in Pla il S b tuA eptem Th h er Jul l5th th ld if T d 115 illi n allons or h more of NPAqZA Ist res o d th on y e t b l i t fl m o g asuse ovm the Tom% will Fed t4eshold th uee hours of allowed water; an outdoor- wat s a or e e s feam ow er- use by fouT houfs per d , ow e ay from the e~dsting T-evffi of Readi iig Stage 1 d t Th T t i ti s of # all users vMMn 7 da otif ill ie new r-estriet ory r man a rF d th e own w es f e ons. rant waivers y n y e ev an . ffi may g 2 dTh ha t 15th th T A ld if h allons or- more ef s used 147 million n re , e -evffi en ugus s o g MlAq~A w f ll ater-, and the stfeamflow is at or below h e d b f d td t the threshold, the Teval ~A4K reduce hou Twv~m of Readin Sta e 4-om the e~fistin a o a owe ours p r er- use y our- ou oor- wa g g g y ! mandat d d ory restrietions. The Tovni will notify a rant waiver-s- m ma th Tw ll users of the new restrictions v4thin 7 ays, an . y g e a T h S t b ld if 15th th 3 d Th h as used 180 million allons or more of oy,% on ep em er e r res o fl i t or below t M)Aq?A t d th t g he t1weshold the TwAm will im lem ow s a feam wa er, an e s its Stage 2 water- r-estr-ietians (a ban on all eutdeer- , p wfttefiase). The Tavm ~A411 notify a] d the Tov 7 d t i ti 4hi f th ra-PA waivers % ma n ays, an e r-es r- e ens w users o . , y g if the Tovffi de4en:nines giat some other r-est+iefiens vAll be at least as eff-eetive as those noted restrietions. l l ide th MW%k i b l f h d f th Rfified above en M 15 Au u t eve s e s e ow I wa~er- ptffe ase fem e y , g s 15 and~or- September 15, no additional #iiesholds will be a etivated ei: eerAinued beyend Stage 1. Stage 1 and 2 Fefer to otAdeer- water use regulations as a pproved by the Tom% of Rea ding, B ,a of Seleetmen on januar-y n 2005-T mandatory r-estiietions shall limit non essential otAside water use to h -3-.3. minimum, At a held hoses only and inelude hour4y r-estfietions en non essefAial outside wa er-ase. AA a mirAmum, hour4y r-estriefiens shall avoid water use dtff-ing the houfs of 9 a.m. to 5 P.M. Notwithstanding the foregoing, irrigation of public parks and recreational fields by means of automatic sprinklers equipped with moisture sensors or evapotranspiration similar- control technology may also-be permitted between the utsi a° ofthe hours of 6 p.m. and S a.m.-9 to G p.m. do not have health or- safiat-y impacts, are not requir-ed by regulation and afe not need meet the eor-e fimetions of a business or other- organization. 444.1t is e)Tressly recognized that the streamflow thEeshold noted above refleet the levels, as proposed in the DEP Water- Management Ac4,water- withdrawal pem:nits issued to permi#ees in the lpswieh River basin in May 2003 and that these thfesholds may be der modified -in-theAttar-e-If the streamflow thresholds set forth in the water withdrawal permits issued to permittees in the Ipswich River basin change, the T request gi. t the WRC may amend the streamflow thresholds in this Interbasin may Transfer Act document to be consistent with the thresholds in withdrawal permits applicable to other communities with groundwater sources in the Ipswich River basin. 1~ a -5-.5. If, after the new water treatment plant is on line in Reading, an alternative purchase and withdrawal scenario is proposed, including linkage to streamflows, Reading must consult with WRC Staff to determine if this meets the requirements of this Interbasin Transfer Act approval. [Note: In concept, such a scenario would propose de minimus use of the Ipswich wells during low-flow periods and increased use during higher flow periods, resulting in an average use not exceeding 1 mgd, with possible consideration of using a 5-year rolling average.] 6:6.Reading must provide annual reports to WRC Staff detailing how much water was pumped from its own sources and how much water was purchased from the MWRA for the first five years after the town begins to receive MWRA water. After this period, Reading must furnish these reports to WRC Staff if requested. -7-.7.Reading must work with DEP to condition its registration statement to address the three registration issues presented in the Secretary's Certificate on the FEIR dated October 31, 2003. (Note that this was done via a letter from the Town to the DEP of November 28, 2004.) S-.8.Reading must continue effective demand management programs that meet the Interbasin Transfer Performance Standards for Criterion #3, Water Conservation. -9-.9.Reading must provide the DEP Annual Statistical Reports to the WRC for the first five years after the town begins to receive MWRA water to determine if the programs in place are successful in keeping unaccounted-for water at or below 10% and residential gallons per capita per day (gpcd) at 65 or less. 4-0.10.If the amount of unaccounted-for water increases to greater than 10%, Reading must either provide an explanation of why this has occurred (e.g. water main break, large fire, etc.) or provide a plan, for fi),r-WRC approval, to reduce unaccounted-for water to acceptable levels. 4-4711.If residential gpcd increases above 65, the Town must implement a comprehensive residential conservation program that seeks to reduce residential water use through a retrofit, rebate or other similarly effective program for encouraging installation of household water saving devices, such as faucet aerators, showerheads and toilets and through efforts to reduce excessive outdoor water use. If this occurs, the Town must provide a plan for this program to the WRC for approval. 4-2-12.Reading must notify the WRC when the High School and Barrows Elementary School renovations have been completed, with documentation of the retrofit devices installed. Reading must provide annual reports detailing the water conservation actions taken as part of the four-year, $1 million program. This should include an accounting of the money spent and the successes of the program. *Section 4.9 Town of Reading Water Conservation Program [verbatim] Stage 1 t 6Ci- Stage 1 provides for mandatory water conservation, subject to penalties in accordance with law for violation of these restrictions. Water may be used for outdoor purposes only from 4:00 A.M. to 9:00 A.M. and 5:00 P.M. to 8:00 P.M. Monday through Sunday, and only in accordance with the following schedule: • Even numbered addresses:, Outdoor use is permitted on even-numbered days of the month only during the hours specified above. • Odd-numbered addresses: Outdoor water use is permitted on odd-numbered days of the month only during the hours specified above. There is no restriction on hand held devices. In addition, the following regulation on filling swimming pools is mandatory: Swimming pools shall be filled in accordance with the above schedule only, unless a waiver is granted by the Town manager. Stage 2 Stage 2 is provided for the eventuality that only enough water is available for essential public health and safety purposes. In this event, no outdoor water use of any type is permitted. Water use is restricted to domestic home use only for purposes including normal bathing, laundry, and sanitary uses. Violation of these regulations is punishable by a $300.00 fine. Adopted 4-25-89,11/04, Revised 1-4-05 far,