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|  Frequently Asked QuestionsIf you are unclear about drought restrictions or some aspect of water use during the Drought Emergency, the information below may help. The answers to the most common questions that DEP receives are listed below in the following categories:
Drought Declaration and Causes
General issues
Hydrants
Building Washing
Sidewalk/Street/Driveway WashingConstruction/Demolition Issues
Wells
Vehicle Washing
Pools
Lawns and Gardens
Ornamental FountainsRestaurants
Commercial ReductionsWater-cooled Air Conditioning"Save Water" Signs
Showerheads
Water Conservation Classes and Kits
Upstate CommunitiesVariances
Violations and Penalties
Additional InformationDrought Declaration and CausesWhen was the Drought Emergency Declared?Mayor Bloomberg held a press conference on March 26, 2002 declaring a Stage I Drought Emergency and that mandatory restrictions would go into effect on April 1, 2002. There are four possible Stages in a Drought Emergency, each one involving more restrictions than the earlier Stages. We entered a Stage I Drought Emergency on March 26. There are regulations describing restrictions for Stages I - III. The City has never had to enter a Stage IV Emergency, What are the restrictions in a Stage I Drought Emergency?Please refer to either the summary table of the restrictions or the complete Drought Emergency Regulations (RCNY Chapter 21) which describe the restrictions during Stages I - III. When will Stage II go into effect? How will I know?DEP will closely monitor precipitation, runoff, reservoir levels and consumption during April and May 2002 and will make a determination whether conditions have either sufficiently improved or deteriorated to change the level of the emergency. Any announcement to go to Stage II will be widely publicized. It will also be noted prominently on DEP's web page and mentioned when people call our general information numbers. General issuesWhat is an "active source"?(RCNY §21-03 (c)) An active source refers to a hose, pipe, sprinkler, or other device which delivers water under pressure. A hose connected to an active water service, a pump or power washer is an active source. A hand-held bucket is not an active source. The bucket should not be filled from a hose, but from an outdoor or indoor faucet so it is clear that a hose is not in use. What do you mean by "potable" and "non-potable" water?Drinking water is potable. Non-potable water is lower than drinking water quality. Except for ornamental fountains and pools, which are prohibited during a Drought Emergency under all circumstances, the Drought Emergency Rules apply only to the use of "public water," meaning water from the City's supply system. They do not apply if you are using some other source of water, which will usually be non-potable. You do not need high quality drinking water to wash vehicles, irrigate plants (although some plants can be picky about water chemistry), to flush toilets or perform most of the tasks we normally use drinking water for. Examples of non-potable water include:
What do you mean by "public water" or "City water"?Both terms refer to water taken from the City's water supply system, whether it comes from the reservoirs or from wells in Queens. Are City agencies exempt from Drought Emergency restrictions?No. City agencies have prepared Drought Emergency Plans which include suspension of some non-essential water uses, allocation of staff to enforcement of drought restrictions and activation of wells for non-potable water use. Can my children use a sprinkler to cool off on hot days?In response to questions from a number of residents and civic groups, DEP will permit the use of sprinklers to keep children cool on hot days, provided this water use is pursued in moderation and only as and when needed. However, property owners who use excessive amounts of water for this purpose, or pursue this activity at inappropriate times, or to circumvent other water use restrictions (e.g., restrictions on lawn watering), are subject to enforcement proceedings under the Drought Regulations for waste of water. HydrantsWhat should I do if I see an open fire hydrant?Open Hydrants should be reported to 311. In addition to the location of the hydrant, please report the time of day and the type of activity at the hydrant (recreation, car washing, etc.). Can anyone use fire hydrants legally?(RCNY §21-03 (f)) Hydrant use requires a DEP permit which is issued at DEP's discretion. How do I get a permit to use a fire hydrant?Permits are issued through BCS Borough Offices. If the use is approved, they cost $55.00 every 30 days, plus $13.50 per day it is actually used. Office locations are as follows: Manhattan: 1250 Broadway, 8th Floor Will sprinkler caps for hydrants be available? Where can I get them?Your local Fire Station has sprinkler caps. Please note that many hydrants are "locked" with special locking caps and they may not always be opened for use with sprinkler caps. What about children's spray fountains in City parks?These spray fountains, which have timers, will operate to serve children and reduce the likelihood of illegal opening of hydrants. Building Washing(RCNY §21-03(c), 21-23(c) and 21-43(c)) I have a power washing company that uses City water to clean facades. Must I stop my business?Building facade cleaning is permitted in Stage I. Sidewalk washing with City water is not permitted during any Stage. During Stage II or III washing buildings with public water is prohibited. What if I want to continue my power washing business in Stage II?You will need to use non-potable water. The tanker trucks you use to transport the non-potable water must have very visible signs noting that you are using non-potable water, in addition to a sign with your DOH permit number noting the use of well water, if you wish to avoid enforcement misunderstandings. We also suggest that you inform BCS, including providing copies of all permits and supporting documentation, about your operations using non-potable water so our inspectors are informed. DEP will inspect and take water samples from such trucks to confirm that non-potable water is being used. Can I wash my windows?Facades, including windows can be washed during Stage I but not during Stage II or III. Windows alone can be washed with a bucket even in Stage II or III. DEP encourages the use of non-potable water for this purpose. What if I am working in Lower Manhattan?Areas affected by the dust associated with the World Trade Center may use city water and hoses to clean. Until WTC clearing operations cease, use of water to clean streets, sidewalks, and buildings in Lower Manhattan will be permitted. The area will be outlined for the public but is expected to be bounded on the North by Chambers Street and the Brooklyn Bridge, from river to river, and South to South Ferry. Sidewalk/Street/Driveway Washing(RCNY §21-03(c), 21-23(c) and 21-43(c)) Can I wash my sidewalk or driveway?Washing of sidewalks, streets, driveways, steps, etc. with public water and a hose is prohibited throughout a Drought Emergency. Sidewalks can be cleaned with water from a bucket. On July 2, 2002, Commissioner Ward relieved the requirements for washing sidewalks, streets, driveways and outdoor areaways for health and safety purposes. Construction/Demolition IssuesCan I perform annual cleaning and maintenance of my rooftop water storage tank?Yes. This is a Code requirement. Do I need to file a variance to conduct a hydrostatic test, backflow preventer test or fire sprinkler system test?No. These tests are Code requirements. If a hydrant is being used a Hydrant Permit is required. Can I use a hose for dust control or other purposes for a construction or landscaping project? What if I am doing Local Law 11 (mandatory inspection and repair of building facades) work?Water-using operations required by Codes during demolition or construction, such as dust control and washing, are not prohibited by drought restrictions. If the operations are conducted in a grossly wasteful and inefficient way, they can still be cited for water waste. If possible, non-potable water should be used and/or nozzles which flow at less than 5 gpm. Can I use a hose to maintain clay tennis courts?(§21-03(b), 21-23(c) and 21-43(c) No. The rules prohibit the use of an active source of public water to wash streets, sidewalks, recreational areas, and other exterior surfaces. During Stage I you could use water from a bucket instead of a hose. During Stages II and II only non-potable water can be used. What if I am performing asbestos removal work?Proper asbestos removal procedures specified by OSHA or other authorities should not be abridged to accommodate the drought restrictions. What if I am doing graffiti removal?During Stage I, facade cleaning with city water under pressure is legal. During Stage II or III, either non-potable water must be used or a variance requested. Can I use a hose to flush out gutters?The regulations do not forbid cleaning gutters as long as a self-closing hose nozzle is used. Are there exemptions for building washing for Lower Manhattan?Until WTC clearing operations cease, use of water to clean streets, sidewalks, and buildings in Lower Manhattan will be permitted. The area will be outlined for the public but is expected to be bounded on the North by Chambers Street and the Brooklyn Bridge, from river to river, and South to South Ferry. WellsI would like to drill a well on my property. What permits do I need? Will I be able to sell or transport this water? Can I get a sewer discount if I sell it?If you are drilling a new well in Brooklyn or Queens larger than 45 gpm you will need a permit from NYS DEC to drill the well (Tom Lang at 718-482-4900 or Lenny Meyers at 482-4935) and a permit from NYC DOH for non-potable use of the water (212-676-1540). NYS DEC maintains a list of registered well drillers. Well water can be used for non-potable (non-drinking) purposes such as car washes, lawn watering, air conditioning system cooling water, etc. You must have a water meter (installed at owner expense) since although water charges are not assessed, wastewater charges are assessed unless you receive a wastewater allowance for the specific use of the water. If you have an existing well which has a DEC permit but has not been in use, you will need a permit from DOH. The DOH permits must be renewed annually. If you are using well water you must post a sign to that effect at any stationary or mobile source, including any tanker truck used to transport the water with the DOH permit #. Sale or transfer of the water from a non-potable well requires a Bulk Water Transportation Permit from DOH (212-676-1520). Will DEP make non-potable well water available for non-potable uses?Only for City (or possibly State) agencies where we have excess supply and it is needed for a City purpose. DEP is identifying potential public well sources and asking City and State agencies to identify any they may have. We may reach out to private well owners to ask them to consider offering supply to potential users (A "Bulk Water Transportation Permit" from DOH would be required, call 212-676-1520 for information). This information in the FAQ will be updated as events develop. Will DEP offer incentive programs for people to drill wells?Not at this time. Water drawn from a well is not assessed a water charge, but it is assessed a sewer charge, so well water is already a less expensive source of water. DEP will study the matter further, but it is likely that rather large incentives would be required to encourage companies who were not considering wells, and the agency would have to be convinced the incentives required would be a cost-effective source of water supply. Vehicle Washing(RCNY §21-03(b), 21-23(b), 21-43(b)) I operate a car wash. What do I have to do to make sure I don't get a violation?You must use non-potable water, which generally means well water. You need to post a sign indicating that you are using well water, including listing of your DOH permit number. DEP will also be inspecting car washes and taking water samples to determine if they are actually using well water. If you have a portable vehicle washing company, the truck holding the non-potable water being used will need to be clearly marked that non-potable water is in use with a sign similar to the one used for well sites and a larger sign visible from some distance to inform passers-by. Can I clean windshields?Yes. The regulations allow cleaning of windshields for safety purposes, but without the use of a hose I need to wash the exterior of fuel trucks. Can I receive a variance?While we will strongly encourage such companies to use non-potable water, this is a health and environmental issue and we will entertain applications for a variance, at least during early stages of the drought. How about washing my car at home?During Stage I you can use a bucket, but not a hose to wash your car at home. During Stages II and III vehicle washing with public water is prohibited. Pools(RCNY §21-03(i), 21-23(i), 21-43(i) What is a "public pool"?A public pool must be open to the general public and not restricted to the members of an organization. Whether a fee is charged does not affect the public nature of the pool, although extremely discriminatory differences in the fees charged to members and non-members might raise legal questions. Can I use well water to fill my pool?Well water can be used for swimming pools provided the water meets drinking water quality standards. The well or swimming pool owner must provide satisfactory test results of all parameters required under drinking water quality regulations. The chlorine which is added to pool water and most pool filtration systems will either remove or inactivate most bacterial or parasitic organisms. Can I fill my private pool?(RCNY §21-03(i), 21-23(i) and 21-43(i) During Stage I you can fill your pool once from your own active source if the pool recirculates its water and refill it minimally to make up for evaporation. We recommend pool covers to minimize evaporation. During Stages II and III you cannot use public water for a private pool. Can I use my "kiddie" pool (inflatable or otherwise)?No. Pools must recirculate water to be used during a Drought Emergency. What about ritual baths? Outdoor hot tubs?Ritual baths are exempt from Drought Regulations. Outdoor hot tubs are subject to the same restrictions as private pools. Lawns and Gardens(RCNY §21-03(e), 21-23(e), 21-23(e)) What is "turf"?"Turf" refers to a lawn, which is practically always grass. Can I still water my lawn?During Stage 1, lawn watering is permitted from 7 am - 9 am and from 7 pm - 9 pm. Even numbered addresses may use public water for this purpose on even numbered days and odd-numbered addresses on odd-numbered days. During Stage I newly planted or seeded lawns can be watered on the day of planting, regardless of the day. In Stages II and III watering lawns (turf) is prohibited. When can a sprinkler system be used?A sprinkler system can only be used during Stage I between 7 and 9 a.m. and 7 and 9 p.m. on even-numbered days for even-numbered addresses and odd-numbered days for odd-numbered addresses. These are the same restrictions noted above for lawn watering. The use of sprinkler systems is prohibited during Stages II and III. What about plants other than grass?During all Stages, non-turf plants may be watered using hand-held watering containers, hoses with self-closing nozzles restricted to less than 5 gpm, or low-pressure/low-flow irrigation systems. Such low-pressure/low-flow irrigation systems are required to have signs indicating their use and the owner is required to use moisture sensors to control their use. Hoses may only be used before 11 a.m. and after 7 p.m. The Rules also state that during Stage III well water or recycled water should be used whenever possible. What is "low pressure/low flow irrigation"?These systems deliver water directly to the soil, rather than through above-ground sprinklers. The most common are "drip hoses" or "soaker hoses" which are laid on the ground near the plants to be watered. Water slowly flows through the hose and seeps out through small holes, or even tinier "pores", along the surface of the hose. The water emitted passes directly to the soil and down into the roots of the plants, where it is most needed. Water loss through evaporation is minimal, compared to any kind of sprinkler system. A more elaborate drip-irrigation system consists of a grid of PVC plastic piping into which tiny individual emitters (sometimes called "spaghettis") are punched at varying intervals, depending on the locations of your plants. This type of drip-irrigation system can be controlled by a timer, as well as by a rain-sensor and/or soil-moisture sensor, so that the system is automatically shut off whenever soil moisture is adequate. Soil-moisture sensors are probes which are stuck into the soil to determine how wet the soil is at the root level, and electronics which interpret the sensor's signal and determine whether there is a need for watering. These can be either hand-held devices, or the kind referred to above which are actually built into the drip-irrigation system. If you are using a low pressure/low flow irrigation system you are required to post a sign to that effect. How do I know the nozzle on my hose is a 5 gallon per minute model?Unfortunately, nozzles are not usually labeled. We require, even outside of a drought emergency, that people use nozzles with self-closing handles. This means that if you put the hose down or release the grip, the flow of water will stop. DEP has tested the flow rates on a few dozen nozzles available at local hardware stores and has published a list of those which operate at less than 5 gpm. We will update the list and add more models as we find more. What if I own a plant nursery?Plant nurseries and other commercial plant users may use public water at 85% of previous normal usage during Stage I, 80% during Stage II and 75% during Stage III. How about using rainwater in my garden?If you have a home with stormwater gutters you can cut the down spout before it gets to the ground and connect it to the top of a covered cistern or rain barrel. There are a number of commercial products on the market which can be located on the web or in gardening magazines. The bottom of the cistern or barrel usually has a spigot which is used to empty water into a bucket, hose or low-pressure irrigation system. The cistern must be completely covered to prevent mosquitoes from using the standing water to produce larva. In the event that mosquitoes breed in the cistern, it should be drained and flushed and additional measures taken to prevent mosquitoes from breeding. Ornamental FountainsRCNY §21-03 (d) My fountain uses well water and a recirculating pump. Can I still use it?No. Ornamental fountains, artificial waterfalls, reflecting pools, ornamental lakes and ponds are all prohibited throughout a Drought Emergency to increase public awareness of the drought, even if they are not using public water. A backyard pond with fish whose introduction pre-dates the Drought Emergency can apply for a variance if only rain water or well water is used in the pond. RestaurantsI was at a restaurant where water was served without my asking. Should I report this?Yes. Please call 311. I own/manage a restaurant. Where can I get the restaurant table tent cards?Call (718) 595-6600 or you can customize your own. Commercial ReductionsI am a health club/spa operator. Can I use my steam room?Yes, as long as your company is providing the percentage reduction of water use required for non-residential customers. Water-cooled Air Conditioning(RCNY §21-03(h), 21-23(h), 21-43 (h) and (k), RCNY §20-06(b) Are there any restrictions on air conditioners?The Drought Regulations' restrictions on air conditioning refer to water-cooled air conditioning. They do not apply to most home air conditioners, which are air-cooled. Water-cooled air conditioners can be divided into two general groups: Once-through water-cooled air conditioning or refrigeration and recirculating, evaporative air conditioning. Once-through water-cooled air conditioners have long been limited by DEP rules to no more than 24,000 BTU/Hr. (two tons) and refrigeration units to no more than 72,000 BTU/Hr. (six tons). If properly maintained, these units can continue operating during a Drought Emergency, except that in Stage III, space temperatures cannot be maintained at less than 79 degrees. This requirement does not apply to health care facilities or to mainframe computer rooms where the owner can show through the submission of a variance request and manufacturer's specifications that the equipment will not operate properly at 79 degree room temperature. In those cases, the owner must show how high the temperature can be maintained without harming the computer equipment. Large central air conditioning systems generally recirculate most of their cooling water and use an evaporative cooling tower for heat rejection. These systems are prohibited from wholesale dumping of the cooling water during a drought emergency, beyond whatever "bleed water" is required for water treatment purposes. In Stage III, space temperatures cannot be maintained at less than 79 degrees. This requirement does not apply to health care facilities or to mainframe computer rooms where the owner can show through a variance request and submission of manufacturer specifications that the equipment will not operate properly at a room temperature of 79 degrees. In those cases the owner must show how high the temperature can be maintained without harming the computer equipment. The DEP Commissioner has the authority to limit the hours of use of water-cooled air conditioning. "Save Water" Signs(RCNY §21-05, 21-25 and 21-45) How can I obtain the "Save Water" signs?You can download the file and print your own, or you can obtain them from DEP's Borough Offices: Manhattan: 1250 Broadway, 8th Floor Where must I post the "Save Water" signs?"Save Water" signs must be posted in various locations depending on the type of building and the Stage of the Drought Emergency. Multiple dwellings (Five or more units): At each entrance and above mailboxes. During a Stage II and III Emergency, signs must also be posted in each elevator and elevator lobby. Hotels: At each entrance, check-in desk and cashier, in common bathrooms, and entrances to eating facilities. During Stage II and III Emergencies they must also be posted in the public hallway on each floor, in each elevator and guest bathroom. Office Buildings: At each entrance, bathroom and dining room/cafeteria. During Stage II or III they must also be posted in each elevator and elevator lobby. Hospitals: At each entrance, bath or shower room, lab and dining room/cafeteria. During Stage II and III they must also be posted in each elevator and elevator lobby. Other Non-Residential Buildings: At each entrance, bath or shower room, lab, cafeteria or other location where water is used. During Stage II and III they must also be posted in each elevator and elevator lobby. Can I amend the Save Water sign?You can add your own artwork or include the phone number of your organization's maintenance department for leak repairs, but you must retain the DEP phone number on the sign. ShowerheadsDo I have to replace my showerheads during a Drought Emergency?Most New Yorkers have showerheads which flow at 3 GPM or less. During a Drought Emergency, any remaining showerheads with higher flow rates are prohibited. I installed a water-saving showerhead but my tenant removed it. Who is responsible?(Administrative Code §27-2007) A person who removes a water-saving showerhead and replaces it with a model which does not meet water efficiency standards, or tampers with a water-saving showerhead can be served with a warning and then a summons. Water Conservation Classes and KitsDoes the City offer classes to residential building managers?Yes. DEP and HPD co-sponsor free 2-3 hour seminars twice a month at 100 Gold Street. Click here for schedule information. Please call (212) 863-8830 to reserve a seat. Does DEP offer Home Water Saving Kits or Leak Surveys?Yes. Home Water Saving Kits are available (one to a customer) for home owners and apartment residents. You can call DEP's contractor Honeywell DMC at (718) 326-9426. To obtain a kit you will need to provide them with your name and address. If you are a home owner, please also provide your Block and Lot numbers or DEP Account number. DEP also provides free Water Surveys to residential customers of all sizes and to many small businesses (up to 10,000 square feet). Please complete the request form for this service and mail or fax it to DEP. Upstate CommunitiesI live in Westchester, do these restrictions apply to me? My business? My town?Most communities which use water from the New York City reservoir system are required to enforce regulations that are equivalent to, or more stringent than those in effect in the City. DEP has asked it's upstate customers for copies of their regulations and will be reviewing them to ensure that they are equivalent to those in effect in the City. Variances(RCNY §21-07, 21-27, 21-47) What if I believe the drought rules will be an undue hardship for my business or my customers?You can apply for a variance. In short, you will have to describe in detail what the undue hardship would be, why you should be provided with a variance and what alternative actions you have or will take to reduce water consumption. For the printable drought variance application and instructions, please click here. I had a variance in the last drought. Will I get one again? Do I need to reapply?You will need to reapply. Violations and PenaltiesMy sink is leaking, I have reported it to my building superintendent but he has not fixed it. Where can I report this?All leak and waste violations should be reported to 311. My tenant will not allow me to enter their apartment to check for leaks or repair them. Am I responsible?(RCNY §21-03(a), 21-23(a), 21-43(a)) If a tenant will not provide access to you to perform leak repairs contact DEP and we will send an inspector to accompany your staff to the apartment. If the tenant does not provide access we will leave a warning notice and if the refusal to provide access continues, the tenant can be served with a violation since they are allowing a leak condition to continue. What are the fines for violating the drought emergency rules?For the complete schedule of penalties, please click here. Additional InformationWhere can I find more information on the drought emergency and other conservation issues?
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