Pond Boss Forums INTRO Questions & Observations FYI...

Gentlemen a potential problem poked its head up just before I left for the Pond Boss Conference. I spoke to several of you and no one seemed to know anything about it. Bob Lusk stated I should perhaps post it on the Pond Boss message board. I am the owner of Aquatic Construction in New Orleans; I’m an ornamental and koi pond builder. I am also the CEO of a nationwide organization called the International Landscape Alliance; we currently have 70 members all who either own pond construction business and/or retail stores throughout the US. Our primary focus is on education and certification. Any help you assist us with would be greatly appreciated – who knows where this thing will end up. I heard at the conference one of the speakers said it may not be legal to build a pond in the future of any kind.


International Landscape Alliance

Call To Action – Save Your Pond and Business Now,
The International Landscape Alliance is calling for everyone in the Pond and Waterscape industry who is a professional, as well as the proud owners of Ponds and Waterscapes, to take action. Let the EPA Water Sense committee know what you think of the following proposed new EPA Water Sense requirement:

Ornamental Water Features 4.1.4: This specification established that builders shall not install or facilitate the installation of ornamental water features. Ornamental water features are defines as fountains, ponds, waterfalls, man-made streams and other decorative water related constructions provided solely for aesthetic or beautification purposes. Because these water features serve no functional or practical purpose their water use is not considered efficient.
We here at the ILA are outraged and truly offended by this blatant lack of pursuing and proposing standards that ignore scientific data and promote half-baked and incorrect perception in its place. Please send an e-mail or make a phone call to the following people to let them know your feelings.
The dead line for comments and reconsiderations on this as well as other proposed restrictions is July 21, 2008. Don’t wait, do it NOW. Help us achieve and exceed our goal of 500 emails and 100 phone calls in the next week. Please help us save the Pond and Waterscapes Industry from this backdoor ban.
Send e-mails to: flowers.john@epa.gov or call Mr. John Flowers at 202-564-0624For those of you that choose e-mail, we would like you to CC: the ILA at Kenny@ila411.com. We will save these emails in a file and re-send them in file form the day before the deadline to let them know this can’t be swept under the rug or ignored by them. We have to stop this now, before it is enacted in all 50 States.
Please forward this on to your customers and everyone you feel that will be affected by this senseless proposed requirement. Thank you all in advance for your participation in this vitally important time and action in out industry’s history and on its behalf.
Kenny Floyd
CEO
International Landscape Alliance

OK, I'll call. On second thought, I'll EMail to get something on the record.

Ray Scott also has an interest in Legislation regarding private waters. Get in touch with him. Lusk will have his contact info.

Kenny,IIRC there was a discussion about this on pond boss about a year ago. And if memory serves there was a lot of folks that were quite irate in their reply. Me on the other hand will call AND send an email.

Pondguyinla,

Correct me if I'm wrong but after reading the EPA Water Sense document it seems as though the only thing this document is doing is to specify criteria under which a NEWLY CONSTRUCTED home must be built in order to be designated a water efficient home and thereby use the EPA Water Sense label.

Isn't that correct?

Here is the scope and objective paragraph of that document:

"This specification establishes the criteria for water-efficient new homes under the United States EPA WaterSense® Program. It is applicable to newly constructed single-family homes and townhomes, three stories or less in size. A new home must meet all of the identified criteria to be labeled as a WaterSense home by a Builder Partner of the WaterSense Program.

The intent of this specification is to reduce indoor and outdoor water usage in new residential homes and encourage community infrastructure savings. This specification is not intended to contravene local codes and ordinances."


From the associated cover letter:

The U.S. Environmental Protection Agency (EPA) is pleased to announce its latest venture to save water: the promotion of water-efficient new homes. The effort will be part of EPA’s WaterSense® program, a voluntary program launched in 2006 to protect the future of our nation’s water supply by promoting water efficiency and enhancing the market for water-efficient products and programs.

The attached draft Water-Efficient Single-Family New Home Specification provides the criteria that a single-family home or townhome will have to meet in order to be certified and labeled under the WaterSense program. The specification is designed to ensure that the home’s water using features are efficient and perform as well, or better than, standard features. The specification also provides for education of the homeowner on the importance and operation of the water-efficient aspects of their WaterSense home.

At this time, EPA is establishing the criteria that single-family new homes must meet to earn the WaterSense label.

The WaterSense label will apply to newly constructed single-family homes and townhomes three stories or less in height that have been tested and certified to meet the requirements of the specification.

I'm not saying perhaps some action isn't in order here, I just want to obtain a better understanding. It appear to me as though this is a voluntary program only and does not have any teeth to it. Before we have a "call to arms" I think that we should undertand the application and intent of this document. It is not my intent to dimish your post in any way, I'm just trying to learn here.

Jeff,

Thank you for your reply. Much like you I want to be informed in all areas that affect the pond industry, whether they are positive or negative. I googled the phrase ornamental water features 4.1.4, I was able to ascertain a copy of this document in its entirety. Under that specific coding 4.1.4 the wording is quite clear Ornamental water features – builders shall not install or facilitate the installation of ornamental water features. I think the wording along with the intent will discourage or eliminate homeowners and contractors from even thinking of water features. My greatest opposition is in fact the wording. Secondly my question is did at anytime the EPA Water Sense Community or the powers that be consult with anyone in the pond industry? I do understand the point you made about it being voluntary. My question is how many times within our government things started out voluntary and ended up mandatory.

Here is one example how easily things can get out of hand: In 2002 I filed for a small business loan through what locals know in Jefferson Parish as JEDCO – Jefferson Parish Economic Development Commission – They work with small businesses on many different levels and one of the ways they help small businesses is they work with local banks and help them obtain low interest loans. You must of course meet some requirements they have set forth. Both JEDCO along with the banker courted me all the way to the 11th hour. The whole process took about 3 months. The day I was to sign the papers JEDCO called and said that they had run into a problem. The problem stemmed around a city ordinance that was on the docket to be voted on at the next city council meeting. The ordinance read it would be illegal to pounder water in any way, then their definition of pondering water was any man made container which included an overturned Frisbee, bird baths and even gutters on your house, these were all considered man made containers. If the parish would discover a minimum of 5 mosquito larvae on your property you would be fined. To my knowledge that ordinance passed. I attended that council meeting and when they learned someone wanted to speak on that topic the vote was postponed. This all stemmed around the West Nile Virus in Louisiana in 2002, they reported 360 cases and 18 deaths with our state, pretty stout statistics. The city was forced to take some action but failed to consult anyone in the industry in spite of my presence and willingness to try to work with them.

In Virginia I am told its okay to build a Koi Pond but you are not allowed to clean it.

There is a company located in St. Charles, IL called Aquascapes and they have devised a system that harvest rain water and includes a storage system of said water and reuses rain water runoff in conjunction with decorative water features. A story appeared in a free magazine called Water Garden News in July of 2008.

The point I hope to drive home is when decisions are made that could and would affect a whole industry I think representatives should be consulted.

Thanks for your involvement,
Kenny

Because these water features serve no functional or practical purpose their water use is not considered efficient.

heaven forbid that we would make the decision ourselves as to how to use our water. I pay my water bill and I should be able to use my water at my own descretion. Sure water shortages should be taken into consideration but this is just rediculous.

What's next a ban on swimming pools, timed shower regulators. When you give an inch they take a mile.

I will gladly call and e-mail.

Email sent and c/c'd to you, Kenny (but it bounced back on your email address).
It seems senseless to proactively force songbirds back to the natural wooded habitat by removing all alternate sources of water in urban and suburban areas. I am going to post this on a birding forum that I frequent.