Water Watch NYC

Everything you need to know about water in NYC.


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What No One Else is Telling You About Next Year’s Water Rate

Every year the Water Board raises our water rates at the request of the DEP. All the news outlets, even if they don’t bother covering the Water Board meetings during the year, attend the meeting in April when the rate hike is discussed. They make a note of how much the rates are going up by and then go to press. This is why most news outlets missed the really big news about next year’s new rate schedule.

After the DEP and Water Board discussed the 14% rate hike and all the journalists pocketed their pads and left, Steve Lawitts (Acting Commissioner of the DEP) and Alan Moss (Chair of the Water Board) rolled out two of the most anti-consumer documents ever written by the DEP. The DEP has actually been quite clever (read: devious) in putting these documents together. They’ve published the regulations governing two penalties in three different amendments, each of which on its own seems pretty harmless but all of which, when taken together, paint a pretty grim picture for New Yorkers. (Even the names they chose for these amendments–Denial of Access and Theft of Services–appear to be clever tricks. Who wouldn’t want to punish thieves? Unfortunately, actual theft has very little to to do with the Theft of Services regulations.)

Apparently the DEP has had trouble getting access to many buildings in the city and feels it necessary to set up penalties for denial of access. They’ve also defined fifteen items that qualify as “Theft of Service.” For both “Theft of Services” and “Denial of Access” (during the last water board meeting they explained that they equate denial of access with theft of service because if you don’t allow them access it must be because you are stealing water and don’t want them to know about it) stiff penalties, ranging from just over $3,500 to just under $2,000,000 annually, will be imposed. For the actual language used by the DEP in these new regulations, please see the three amendments that I have linked to below:

  1. 20090403_proposed_rate_schedule_denial_of_access_-_theft_of_service_charges_web_draft.doc,
  2. 20090406_denial-of_access_regulation_web_draft.doc,
  3. 20090406_theft_of_service_regulation_web_draft.doc

Here are the main problems with these new regulations:

  1. The DEP equates suspicion with actual guilt. There is no requirement for the DEP to prove that any theft is taking place. Theft of Services is not defined as someone stealing water but rather as a violation of one of a series of actions unrelated to actual water consumption, like breaking a meter’s DEP seal or moving or obstructing a meter. The DEP doesn’t even need to prove that the owner performed any of these actions. If they were done, it doesn’t matter who did them–a disgruntled tenant, an uncaring vandal–the owner is responsible.
  2. The magnitude of the penalty doesn’t even come close to fitting the supposed crime. The charge is based on the size of the building’s main or mains and is entirely arbitrary and is designed to bring maximum revenue to the DEP. It doesn’t reflect any form of water consumption actually used or assumed to have been stolen.
  3. In order for “Denial of Access” to apply, the DEP must simply send a letter to the owner that they have on file. For such a large penalty shouldn’t the DEP be required to go a little bit out of their way and ensure that whoever is listed as the owner on their records is actually the owner and then send the actual owner a notice of demand via certified mail with a read receipt?

To go into more detail on item number 2, the DEP published a very confusing chart detailing the penalties for both Denial of Access and Theft of Services (by their definitions). Here it is:

Meter Size –       Annual Attributed Consumption Rate (Gallons per Year)

5/8″ and less                                                                              400,000
3/4″ or more and less than 1.5″                                              1,000,000
1.5″ or more and less than 3″                                                 3,000,000
3″ or more and less than 4″                                                    5,000,000
4″ or more and less than 6″                                                  10,000,000
6″ or more and less than 8″                                                  25,000,000
8″ or more and less than 10″                                                50,000,000
10″ or greater                                                                     200,000,000

You’ll notice that the Annual Attributed Consumption Rate is given in Gallons per Year. Anyone who has ever examined their water bills will also know that the DEP charges for water based on hundred cubic feet (hcf) of water consumed not gallons, thus making it difficult to determine how much the DEP actually intends to charge for these violations. Let me make it easier by converting annual attributed consumption in gallons to an annual cost in dollars. Please note that the figures that I’m about to set forth are different than the figures presented at the last Water Board meeting. The costs that we were told about at the last Water Board meeting were given at the fiscal year 2009 water rates. These regulations go into effect in fiscal year 2010, when the rates are likely to be 14% higher. Here are the charges of the annual attributed consumption rate by meter size for fiscal year 2010:

Meter Size –                                                          Annual Attributed Cost

5/8″ and less                                                                   $        3,641.64
3/4″ or more and less than 1.5″                                                9,104.22
1.5″ or more and less than 3″                                                 27,312.79
3″ or more and less than 4″                                                    45,521.37
4″ or more and less than 6″                                                    91,042.74
6″ or more and less than 8″                                                  227,606.84
8″ or more and less than 10″                                                455,213.83
10″ or greater                                                                    1,820,855.00

That’s right, if you own a building with two 8″ mains and the DEP determines that you have denied them access for one year, you owe them just under a million dollars. What’s more, if they decide that you’re stealing water (lets say some thug broke the seal on your meter) you are going to be charged these rates going back four years unless you can prove that the violation occured more recently.

Hopefully now you understand what the DEP actually intends. To ensure that you are protected  from these unjust penalties, it is important that you join us in fighting the Water Board on this. There will be a city council hearing on Tuesday, April 28 at 10:00 am in the Council Chambers of City Hall. We hope to see you there. Additionally there will be one Water Board hearing in each of the five boroughs for citizens to express their concern over the proposed rate schedule. We expect the meeting in Manhattan on Thursday, April 30 at 5:30 pm (St. John’s University – Manhattan Auditorium, 101 Murray Street, New York, NY 10007) to be the best attended. For the most effective protest, we urge all New Yorkers to show up to this hearing. For more info regarding the hearings in the other four boroughs, click here.


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Continuing Coverage of Tripp’s Resignation

I recently received a phone call from a reliable source in the City Council. This source enlightened me regarding various factors that were not initially evident that have contributed to the resignation of former Water Board Chairman Jim Tripp.

I was told that the timeline of events did not occur in the order that they were reported. The public was initially told that Tripp had stepped down and that Alan Moss was selected to replace him. Actually, what happened was Mayor Bloomberg took away Tripp’s chairmanship and gave it to Moss. As a response to this Tripp stepped down.

Clearly the mayor wanted Tripp out. He couldn’t completely remove Tripp from the Water Board because members are selected for four year terms and the mayor can’t force them out in the middle of their terms. So the mayor did the only thing he could: not let Tripp be chairman. Tripp responded as I’m sure the mayor expected, by stepping down completely.

The second piece of information I received is even more scandalous. Why was Moss selected as the new chairman? Apparently, six of the seven Water Board members (this was back when Tripp was on the Water Board and there were seven members) signed a letter to City Hall urging the mayor to reconsider the current rental agreement (the amount that the DEP pays the city for use of the reservoirs, currently estimated at a whopping $122 million). Who was the one and only Water Board member that didn’t question Mayor Mike’s decision to continue forwarding this enormous cost onto NYC’s residents? You guessed it! Alan Moss.

There you have it. Tripp said in May that he considered quitting over the Mayor’s recalcitrance but, being the loyal and dedicated environmentalist that he is, he plugged on hoping to be able to make a difference despite the mayor’s stubbornness. That was until the mayor underhandedly removed him and made his opinions as well as his dedication all but useless. It would appear that with the city budget skyrocketing, Mayor Bloomberg and Mark Page, Director of the Office of Management and Budget, are making sure that the DEP pays the entire rental agreement.

I’ve said it before but now, in light of this new information, I say it again with renewed enthusiasm. Chairman Tripp served us well for 16 years. His tenacity, dedication and, most of all, his desire to stand up for what’s right will be sorely missed.


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City Council Holds Hearing on Backflow Containment

(l-r) Me with Stewart O'Brien of the Plumbing Foundation and Thomas Maniuszko of the NYS PHCC

(l-r) Hershel with Stewart O'Brien of the Plumbing Foundation and Thomas Maniuszko of the NYS PHCC

Councilman James Gennaro called a public hearing of the City Council yesterday to discuss the DEP’s failure to live up to New York State’s imposed requirements for backflow containment devices.

In 1981, the state required the DEP to determine which buildings needed the devices and to institute a program to have commercial building owners install these safety devices. In 1999, the DEP reported that there may be more than 100,000 buildings that require backflow prevention.

DEP Commissioner Emily Lloyd testified at the hearing that there are about 13,000 buildings that still need to be inspected before the DEP even begins dealing with the issue of enforcing backflow installation.

I testified along with the Plumbing Foundation and the New York State Association of Plumbing, Heating & Cooling Contractors about the importance of this issue and the DEP’s lack of action. We at WaterWatchNYC commend Councilman Gennaro for his commitment to this issue. We are proud to be involved in the effort and we wish Councilman Gennaro a lot of luck in his future efforts to ensure the safety of the public.


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Have We Avoided the Rate Hike?

The New York Times is reporting that Mayor Bloomberg and City Council Speaker Christine Quinn have reached an agreement that could halt the proposed 18% water rate increase.

The exact details of the agreement are not totally clear, but what is clear is that the agreement will put a bill before City Council that would allow the DEP to sell stand-alone water bill liens on properties that don’t pay their water bills. What isn’t clear is whether or not City Council would demand anything in return from the DEP.

More details on what is known about the agreement can be found at this New York Times article and at this article from NY1.

The DEP has been requesting the right to sell stand-alone liens for some time now and City Council has been denying them that right due to their inefficient operation and lack of oversight in the past. Hopefully, this bill requires the DEP to enact some sort of process that satisfies City Council’s requests.

The Water Board will continue to go through with their plans to raise rates, at least until the new bill before City Council passes.

The problem we face now comes with the realization that the proposed rate increase may not have even been necessary in the first place. At City Council hearings and Water Board meetings, when anyone from the DEP or Water Board was asked to justify the proposal for a rate increase of 18%, the response was always something along the line of, “Well, we’re not sure…. Maybe we need 11%, maybe 28%…. It’s not totally clear at this point, so we’re settling on 18%.”

We have always been under the impression that city agencies are meant to operate as efficiently as possible. They calculate how much money they need and then work out a way to obtain that particular amount. In this case it is becoming more and more clear that the DEP never calculated the 18% rate increase to make up for lost revenue. They may never have needed a rate increase at all. Eighteen percent was just a number that they pulled out of the air that they thought would be enough to pressure City Council into granting them stand-alone water bill liens sales.

This calls into question all rate increases requested by city agencies. For example, does the MTA really need to raise the subway rate, or is talk of a rate increase just a threat so that the MTA can get what it wants from us, the taxpayers?