Self- Regenerating Water

Softener Prohibition

Pathway to

ordinance

adoption

About IEUA

• Wholesale Imported & Recycled Water

• 235 Square Miles

• 825,000 People

• 7 Facilities Operated • treat 60 million gallons of

wastewater per day.

• Groundwater Recharge Basins

• LEED Platinum Headquarters

• 7 contracting agencies- Cities of Chino,

Chino Hills, Fontana, Montclair, Ontario, Upland, Cucamonga Valley Water District, Monte Vista Water District

Key Discussion Points

Water softener regulations • Prior laws and lawsuits

• LA County Sanitation District History

• Current law

Background of IEUA salt issues • Salt and Nutrient Management Plan

• Salinity Characterization Study

• Salinity Management Action Plan

Lessons learned

• Tips for successful ordinance adoption

Ordinance creation and adoption • Regional Board Finding

• Regional Water Softener Task Force

• Potential Opposition

Future issues • Water conservation technologies

Implementation • Community outreach

• Local business partnerships

History of

Water Softener

Regulations

California Water Softener

Ordinance History

Prior to 1999

Water softener prohibitions were legal and were common local law

2009

AB 1366 allows local agencies to adopt new water softener control

ordinances

1999

Lawsuit (WQA v. City of Escondido) invalidated all water softener

ordinances in California

1999

SB 1006 (Costa) allows a prospective ban of self-regenerating water

softeners if an entity is in non-compliance with permits and completes

extensive studies.

LA County Sanitation District

Water Softener Regulation

History

2006

SB 475 allows LACSD retroactive prohibition of water softeners through voter

referendum

2008

Residents in the Santa Clarita Valley Approve Measure S to enact a retroactive

prohibition on self-regenerating water softeners

2003

LACSD prohibits the future installation of self-regenerating water softeners

2002 LACSD completes study of sources of chloride- first comprehensive assessment of salt sources

and water softener salinity impacts in CA since passage of SB 1006

1999

SB 1006 allows prospective water softener prohibitions (effective 1/1/2003)

AB 1366 (2009, Feuer)

HOW: Before an ordinance can be adopted the Regional Board must make a finding that “the control of

residential salinity input will contribute to the achievement of water quality objectives. The finding me made

in:

• A TMDL that addresses salinity-related pollutants in a water segment

• A salt and nutrient management plan for a groundwater basin or sub-basin

• Waste discharge requirements for a local agency discharger

• Master reclamation permit or requirements for a supplier or distributor of recycled water

• Cease and desist order directed to a local agency

WHAT: Specific actions in the ordinance/resolution may include, but are not limited to:

• Require that SRWS be rated at the highest efficiency and certified by NSF International of the

American National Standards Institute

• Require plumbing permits prior to installation.

• Require SRWS be plumed to hot water only.

• Enact voluntary buy back program.

• Require the removal of previously installed SRWS (requires rebate program to be in place)

• CANNOT apply to residential salt-free scale prevention devices.

WHO can regulate self-regenerating water softeners:

Local agencies or cities that own or operate a community sewer system or water recycling facility

WHEN: • 30 days after a public hearing at which public input is taken and local economic issues are considered

• The ordinance or resolution shall become effective 30 days after the date of its adoption

Salt Management

History in the Chino

Basin

Salt and Nutrient

Management Plan (RWQCB)

TDS management in the IEUA region involves

both regulatory actions by the Regional Board

and actions by other agencies to control and

remediate salt problems

Regulatory Actions: • Limitations of TDS in waste

disposal and municipal wastewater

recycling

• Waste discharge prohibitions.

Other Agency Actions: • Projects to improve water quality

• Construction of groundwater

desalters

• Brine lines

Water quality is an important determinant of the extent to which

wastewater can be reused and recycled without resulting in

adverse impacts on affected receiving waters.

Salinity Characterization Study SS18 FON-4 Chloride Concentration

(Cherry Ave. under 210 Freeway)

0

100

200

300

400

500

600

700

800

900

1000

1100

1200

0 a

m t

o 1

am

1 a

m t

o 2

am

2 a

m t

o 3

am

3 a

m t

o 4

am

4 a

m t

o 5

am

5 a

m t

o 6

am

6 a

m t

o 7

am

7 a

m t

o 8

am

8 a

m t

o 9

am

9 a

m t

o 1

0 a

m

10

am

to

11

am

11

am

to

12

am

12

pm

to

13

pm

13

pm

to

14

pm

14

pm

to

15

pm

15

pm

to

16

pm

16

pm

to

17

pm

17

pm

to

18

pm

18

pm

to

19

pm

19

pm

to

20

pm

20

pm

to

21

pm

21

pm

to

22

pm

22

pm

to

23

pm

23

pm

to

24

pm

Composite Sample Time Interval*

Ch

lorid

e*

* (

mg

/L)

Day 1 Wed 12/06/06 to 12/07/06

Day 2 Thu 12/07/06 to 12/08/06

Day 3 Fri 12/08/06 to 12/09/06

Day 4 Sat 12/09/06 to 12/10/06

Day 5 Sun 12/10/06 to 12/11/06

Day 6 Mon 01/08/07 to 01/09/07

Day 7 Tue 12/12/06 to 12/13/06

Average of 7 days

* For graphing purposes, hourly composite samples were grouped based on composite samples starting times.

** Data for Cl >608 mg/L are

interpolated for "reference" only as the

concentration levels went well above

scale.

Average of averages from 7 am to 12 Midnight for study period = 40 mg/L

Partners: • National Water

Resources Institute

• Claremont

Graduate

University

• Southern California

Salinity Coalition

• Pacific Water

Quality Association/

Water Quality

Association

Findings: • 9-11% of population has self-regenerating water softeners (CGU Study)

• Consistent with 10-14% estimate from 2005 AAWARF study

• Chloride analysis confirms probable residential self-regenerating water

softener presence in neighborhoods

Salinity Characterization Study:

Sources of Salinity

Water Supply 268 (mg/L)

54% Residential 132 (mg/L)

27%

SRWS 25 (mg/L)

5%

Industrial 8 (mg/L)

1% Commercial 63 (mg/L)

13%

TDS (mg/L)

Salinity Characterization Study:

TDS Treatment Plant Effluent

0

50

100

150

200

250

300

350

400

450

500

550

600

650

700

No Brine Export With Brine Export

TD

S (

mg/L

)

NRWS

Water Softener

Residential

Commercial

Industrial

POTW

Source Water

IEUA NPDES TDS Permit Limit:

550 mg/L

Brine Line

Export: 170 mg/L

Salinity Characterization Study:

Public Opinion Public is often misinformed

• People often purchase water softener for drinking water purity & safety.

Strong support for water softener regulations

• By those who do not own water softeners

People like their self-regenerating water softeners

• Most don’t want to remove even after learning the facts

Alternatives and financial incentives work

• If there is a viable alternative and financial incentive, people are willing to switch.

Whom does the public trust?

• Water and sanitation agencies for info on water softeners and salt issues

Education

• Most people are willing to buy the right type of water softener if they know about the

issues.

Salinity Management Action Plan

Adopted in 2002

Optimize the use of Non-Reclaimable Wastewater system and the Santa Ana River Interceptor brine line

Reduce salinity impacts from treatment plant operations

Develop a residential automatic water softener strategy to reduce the amount of salt entering the wastewater treatment system

Salinity Management Action Plan:

Maximize Use of Brine Lines

$290

$828

$0

$100

$200

$300

$400

$500

$600

$700

$800

$900

Bine Line Regional WastewaterDesalter

Cost per ton of TDS removed

Since 2006,

IEUA Brine

Lines have

kept close to

90,000 TONS

of salt out of

the regional

sewer system

Keeping salt (TDS) out of the regional sewer system is less expensive then

taking it out once it is in the system

Salinity Management Action Plan:

Reduce Salinity Impacts from

Treatment Plant Operations

Ordinance

Creation and

Adoption

Regional Board March 2010 July 2009: RWQCB adopted NPDES permit for IEUA prescribing waste discharge and producer/user requirements

for IEUA facilities

Feb 2009: SWRCB Recycled Water Policy states that salts and nutrients from all sources be managed in manner that

ensures attainment of water quality objectives and protection of beneficial uses, and that salt and nutrient

management plans should be adopted in regions and sub regions.

The Basin Plan Amendment currently has in place a salt and nutrient management plan for the Santa Ana River Basin

which includes TDS wasteload allocation for discharges into the Santa Ana River and it’s tributaries

The Basin Plan Amendment recognizes IEUA’s Salinity Management Action Plan to reduce TDS entering its

wastewater treatment plants from all sources.

The Chino Basin Optimum Basin Management Program identifies salinity management as a critical issue as part of the

comprehensive plan for increasing yield.

In 2006 IEUA partnered with many organizations to complete a comprehensive Salinity Characterization Study that

found that self-regenerating water softeners contribute about 10% of all the controllable salt inputs to recycled water.

Self-regenerating water softeners contribute a significant amount of controllable TDS within IEUA’s sewer system and

that significant regional economic impacts will result of residential use of self-regenerating water softeners is not

controlled. The control of residential use of self-regenerating water softeners will contribute to the achievement of the

water quality objectives approved in the Basin Plan Amendment.

Regional Water Softener Task Force Sep. 2010- Jan. 2011

Who: All IEUA contracting agencies

Purpose: to discuss the best way to control salt from self-regenerating water

softeners

Issues: • Enforcement: do the cities have to go door to door?

• Education: how are people going to know about this regulation?

• Alternatives: what do cities tell people to buy instead of self-regenerating water

softeners?

Task Force Recommendations: to prohibit the future installation of self-

regenerating water softeners

Options: • Prohibit self-regenerating water softeners in new construction

• Prohibit the future installation of self-regenerating water softeners

• Require existing water softeners to be removed

• Nothing

Sample Ordinance Tips

Options:

AB 1366 gives many options for regulating self-regenerating water softeners. (ie size, efficiency standards, complete prohibition, future prohibition, new development

prohibition)

Location:

Easy to insert into sewer ordinances because lots of the terms are defined and

enforcement is already written

Process:

IEUA adopted regional ordinance then contracting agencies adopt local

ordinances

Alternatives to Self-Regenerating

Water Softeners

Scale Inhibitors • Suspend solids in water

• Magnets

• Radio Waves

• Sound Waves

• Electricity

Portable Exchange • Virtually the same as

SRWS, but the

regeneration process

takes place at a

regulated facility and

salt is deposited in a

brine line

Implementation

Community Outreach and Support

Informational Workshops for City Councils • City of Fontana: January

• City of Upland: February

• City of Rancho Cucamonga: June

Community Briefings • Business Groups: Building Industry Association; Water

Quality Association; Inland Valleys Association of

REALTORS

• Service Groups: Rotary and Kiwanis: 12 briefings

• Chambers of Commerce: Montclair and Fontana

Voluntary Removal and Rebate • Over 400 residents have voluntarily removed their self

regenerating water softeners.

• This keeps over 70 tons of salt per year from entering the

regional sewer system

Draft Ordinance Support • 23 statements of support from local businesses, state and

regional regulators and environmental organization.

• 111 letters of support from residents in the IEUA service

area.

Community Outreach:

Press Editorials/Op-Eds:

• 7/26/11 Daily Bulletin:

“For our water’s sake, use alternative

water softeners"

• 5/23/11 Daily Bulletin:

“Regulations for softeners needed”

• 9/10/09: Daily Bulletin:

“Bill improves our water supply”

Advertisements:

• Constant advertising of rebate program in

local newspapers

Community Outreach:

Briefings

• Businesses and Business Groups: • Building Industries Association;

• Inland Valleys Association of

REALTORS;

• Water Quality Association

• Kiwanis Clubs

• Rotary Clubs

• Chambers of Commerce

• City Councils

Community Outreach:

Businesses

Meetings and discussions with local

businesses on the effects of self-

regenerating water softeners to local

business operations and the local

economy.

Community Outreach:

Voluntary Rebate Program

Chino, 49

Chino Hills, 88

Fontana, 36

Montclair, 19

Ontario, 40

Rancho Cucamong

a, 91

Upland, 84

Residents can apply for a

rebate, up to $2000 plus free

plumber service, to remove their

self-regenerating water

softeners

Program promotion partners

and communication avenues: • Contracting agencies- bill

inserts

• Inland Valleys Association of

Realtors

• Newspaper Ads

• Newsletter Ads (cities,

chambers, water districts)

Since 2008, IEUA has removed

over 400 self-regenerating water

softeners, keeping over 74 tons

of salt out of the regional sewer

system every year.

Potential Opposition Water Quality Association & Pacific

Water Quality Association:

• Represent all types of water softener

dealers and manufacturers

• Including self-regenerating water

softeners

• Also the saltless and portable exchange

technology).

Activities:

• Vocal opposition to AB 1366

Working with the WQA & PWQA:

• IEUA had an ongoing dialogue with the

PWQA and WQA throughout the

ordinance adoption process

• The PWQA attended a Task Force

meeting and toured IEUA facilities.

Results:

• No opposition at the IEUA Public Hearing

on June 15, 2011

Post Ordinance Adoption

Contracting Agencies Ordinance

Adoption:

IEUA contracting agencies will adopt local

ordinances to implement the IEUA restriction

on the future installation of self-regenerating

water softeners.

Rebate Program:

IEUA will continue to offer and promote the

voluntary rebate program.

Partnerships: Big box stores like Home Depot and Lowe’s

have indicated they are willing to pull self-

regenerating water softeners off their shelves

once the local ordinances are passed.

Future Issues

Water Efficiency & Conservation

New Technologies

New products, such

as on demand water

heaters, are very

sensitive to scale and

require a scale

prevention.

Salt in recycled water

Local businesses are

very conscious of salt

in recycled water to

protect grass and

machines.

Alternatives to Self-Regenerating

Water Softeners:

EPA WaterSense NOI

Issues:

• NOI does not evaluate waterless

devices (scale inhibitors that attach to

pipes that don’t have water run

through them)

• Will give WaterSense label to devices

that discharge salt

Intent:

To capitalize on water savings

opportunities, raise consumer

awareness, and further improve the

efficiency of water softeners,

WaterSense issued a NOI to develop

a draft specification for water-efficient,

high preforming cation exchange

water softeners.

Lessons Learned

Lessons Learned

Work with the water softener industry early

Rebate Program:

Incentivizes people to remove their self-regenerating water softeners and is a source of support for ordinance adoption.

Partnerships and support are very important:

Brief as many local elected officials, community leaders, business groups, and residents as possible

Most frequently asked ?:

What type of water softener is ok to use?

Summary

AB 1366 (2009, Feuer) gives local

agencies the authority to restrict the use

of self-regenerating water softeners

Regional Water Quality Control Board

finding is required before action can be

taken.

Local Agency/Community/Business

outreach and education is important to

get the support necessary to pass an

ordinance.

Questions?