| Pending Review, Subject to Change |
March 9, 2001
DRAFT-7
|
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the Small Water System Regulation Ordinance of the Monterey Peninsula Water Management District. Separate, board-approved Implementation Guidelines will be developed to carry out this ordinance in an orderly and consistent manner.
Section Two: Purpose
This ordinance shall revise the permanent Rules and Regulations of the Water Management District to clarify procedures and substantive limitations that affect creation or expansion of small water distribution systems and small mobile water distribution systems.
Section Three: Amendment of Rule 11 (Definitions)
District Rule 11 shall be amended by deleting the
following provisions shown in strikeout text (strikeout), and
by adding the following provisions set forth in italicized and bold face type
(bold face).
ACTIVE WELL - An “active well” is a well
that has been permitted by the Monterey County Health Department (or
a well that was completed prior to year 1973)
and constructed, and has produced any quantity of water within a Reporting Year
(July 1 through June 30). All active wells must be registered, and must report
water use annually to the District. All new wells must be metered, inspected
and approved by the District, and must report annual production using the Water
Meter Method, regardless of the amount of production. Refer to MPWMD Rules
52 through 59 for more information.
CARMEL VALLEY ALLUVIAL AQUIFER - The “Carmel Valley alluvial aquifer” is the water-bearing strata directly associated with the Carmel River. It was originally mapped by the U.S. Geological survey in 1984 and was adopted as the area within the jurisdiction of the SWRCB as described in Order WR 95-10 and large-scale maps available at the District office. The map of the alluvial aquifer is subject to refinement over time based on updated hydrologic information. For applications that are located near the SWRCB jurisdiction boundary, where the nature of the water source is unclear, the MPWMD General Manager will determine whether the water source is within the alluvial aquifer based on well drilling logs and other available hydrologic data pertinent to the application.
CONTROVERSY - A “controversy” exists when (1) at least four Board members (or the hearing officer) at the public hearing on an application determine that additional water rights or other technical information is needed, based on the Board's own motion or in response to public agency concerns or to a request by any member of the public; or (2) a person or entity notifies the Board (or hearing officer) in writing, prior to or at the public hearing on the application, of concerns about the proposed system potentially harming use of his/her water rights and/or impairing his/her ability to supply water from an existing water system. For scenarios (1) and (2) above, concerns must be based on factual evidence already in the record or introduced into the hearing record. The Board (or hearing officer) shall define what additional information is needed and will continue the public hearing until adequate information is received. An applicant, or any other hearing participant or any Board member, may appeal the decision of the hearing officer to the full Board pursuant to MPWMD Rule 70.
MOBILE WATER DISTRIBUTION SYSTEM - “Mobile
Water Distribution System” means any mobile water supply process, including
but not limited to trucked water, used for distribution of water from a source
of supply to a user for utilization upon the user's property. This definition
shall not apply to systems furnishing domestic water to three or fewer parcels
in the District serving three or fewer users. This definition
shall not apply to deliveries of water by commercial companies in volumes less
than or equal to 55 gallons per container.
MULTIPLE-CONNECTION SYSTEM - A “multiple connection system” is two or more connections on two or more legal parcels, regardless of parcel location or ownership.
REACTIVATE A WELL - A reactivated well is an inactive well (defined as a well that has not used water for 364 days or more) for which a proper amended well registration form has been filed with the District.
REFURBISH A WELL - An active or inactive well is considered to be refurbished when the well casing, pump, motor or discharge pipes are repaired or replaced.
REPLACE A WELL - An active or inactive well is considered to be replaced when a new well is completed in a separate borehole, or when the same borehole is modified, such as by deepening. A replacement well must be located on the same legal parcel as the original well, and may not be located in the riparian zone, as defined by District Rule 11, unless a river works permit has been applied for and issued by the District. The well that is being replaced must be abandoned and destroyed in conformance with local and state well regulations unless it serves as a properly constructed, maintained and registered monitor well.
SEASIDE COASTAL SUBAREAS - The “Seaside coastal subareas” is the collective term that refers to the mapped hydrologic units known as the Southern Coastal Subarea, the Northern Coastal Subarea and the Fort Ord Subarea of the Seaside Groundwater Basin. These subareas are shown on maps available at the MPWMD office, and are based on professional hydrogeologic studies. The mapped boundaries of the subareas are subject to refinement pending updated hydrogeologic information.
SINGLE-CONNECTION SYSTEM - A“single-connection system” refers to one or more buildings or structures on one individual legal parcel. If the single parcel is subdivided into two or more separate parcels, the water distribution system is considered to be a multiple-connection system, regardless of parcel ownership, unless the newly formed legal parcels each are served by a separate well.
SOURCE OF SUPPLY - “Source of Supply” means
the groundwater, surface water, or reclaimed water sources,
or any other water resource where a person, owner or operator gains
access by a water-gathering facility.
WATER DISTRIBUTION SYSTEM - “Water Distribution
System” means all works within the District used for the collection, storage,
transmission or distribution of water from the source of supply to the connection
of a system providing water service to any two or more
connections, including all water-gathering facilities and water-measuring
devices but excluding the user's piping.
In systems where there is a water meter at the point of connection, the
term “Water Distribution System” shall not refer to the user's
piping; in systems where there is no water meter at the point of connection,
the term “Water Distribution System” shall refer to the user's piping.
WATER-GATHERING FACILITY ? “Water-Gathering
Facility” means any device or method, mechanical or otherwise, for the production
of water from dams, groundwater, surface water, water courses, or
reclaimed water sources, or any other source of supply within
the Monterey Peninsula Water Management District, or a zone thereof. Water-gathering
facilities shall include any water-production facility as defined in the Monterey
Peninsula Water Management District Law. This definition shall not
apply to on-site cisterns that serve existing single-connection, residential
situations where rainwater is captured for on-site landscape irrigation use.
WELL CAPACITY TEST (AQUIFER PUMPING TEST) - A “well capacity (aquifer pumping) test” is a continuous pumping test of a well to determine the expected reliable yield of the well. The test shall be conducted in the manner and form appropriate to the hydrogeologic setting of the well, as described in the Implementation Guidelines that accompany this ordinance.
Section Four: Amendment of Rule 20 (Permits Required)
District Rule 20 shall be amended by deleting the
following provisions shown in strikeout text (strikeout), and
by adding the following provisions set forth in italicized and bold face type
(bold face).
RULE 20. PERMITS REQUIRED
A. PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM OR A MOBILE WATER DISTRIBUTION SYSTEM.
Before any person creates or establishes a water distribution system, such person shall obtain a written permit from the District. Before any person creates or establishes a mobile water distribution system, such person shall obtain a written permit from the District.
Persons who hold a valid permit for construction
and operation of such a water distribution system from the
Monterey County Health Department, prior to March 12, 1980, or a water distribution
system in existence prior to that date operated
by a public utility, shall be deemed to have been
issued a permit in compliance with these Rules and Regulations. Persons
who hold a valid permit from the Monterey County Health Department dated
on or before March 20, 2001, for construction of a well serving
a single-connection water distribution system (as that term was applied by the
District at the time the well construction permit was issued) shall be deemed
to have been issued a permit in compliance with these Rules and Regulations
provided: (1) the well was made active, metered, inspected and an approved
MPWMD Water Meter Installation Inspection form was issued on or before 180
daysfrom the effective date of this ordinance; and (2) each
water-gathering facility of that system was registered with the District on
or before 180 daysfrom the
effective date of this ordinance.
No mobile water distribution system shall be issued a permit under the provisions of the previous paragraph. Each such system shall be required to apply for and obtain a permit in accord with Rules 21 and 22.
The expansion capacity limit and system capacity of previously existing systems shall be determined pursuant to Rule 40 (A).
B. PERMITS TO EXPAND/EXTEND A WATER DISTRIBUTION SYSTEM
Before any person expands/extends a water distribution system or any mobile water distribution system, such person shall obtain a written permit from the District or the District=s delegated agent, as described in District Rules 23 and 24. The addition of any connection or any water-gathering facility to a water distribution system and/or the intensification of use of an existing connection shall be deemed an expansion or extension of that system. Any change in use, size, location, or relocation of a connection or water-measuring device which may allow an intensification of use or increased water consumption, or any permit transfer pursuant to Rule 28 which may allow an intensification of use or increased water consumption, shall be deemed an expansion or extension of that system. A proper applicant for such an expansion/extension permit may be either the owner or operator of the water distribution system, the prospective user of the proposed connection as the real party in interest, or any agent thereof.
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM PERMIT
An MPWMD permit is not required for a single-connection water distribution system unless that system derives its source of supply from the Carmel Valley alluvial aquifer; from wells within 1,000 feet of that aquifer, or within 1,000 feet of any watercourse tributary to the Carmel River, as shown in the map provided in the Implementation Guidelines; and/or the Seaside coastal subareas, defined in Section Three of this ordinance.
An MPWMD permit is not required to reactivate, refurbish or replace existing wells that are registered with the District, as defined in Section Three of this ordinance. This exemption from the MPWMD permitting process does not affect in any way the applicant's obligation to comply with permit requirements by other regional, state or federal agencies.
An MPWMD permit is not required for on-site cisterns that serve existing single-connection, residential situations where rainwater is captured for on-site landscape irrigation use.
An MPWMD permit is not required for deliveries of water by commercial companies in volumes less than or equal to 55 gallons per container.
The District permit enables use of a water
well or any other water distribution system component; the District permit is
not needed simply to construct (but not use) the system components.
Section Five: Amendment of Rule 21 (Applications)
District Rule 21 A and Rule 21 B shall be amended
by deleting the following provisions shown in strikeout text (strikeout),
and by adding the following provisions set forth in italicized and bold face
type (bold face). These amendments shall not affect any
other paragraph of Rule 21.
RULE 21. APPLICATIONS
A. APPLICATION FOR PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
The applicant shall submit all of the following:
(1) A completed written application in the manner
and form prescribed by the Implementation Guidelines General
Manager; and.
(2) Environmental information as required by the
California Environmental Quality Act (CEQA) the District Environmental
Guidelines; and
(3) Zoning and land use designations for
the property; Proof of identify land
use approvals which may be required for the proposed project by the municipal
unit in which the proposed system would be located (i.e., tentative map, use
permit, etc.), or by other governmental agencies, consistent
with state and local regulations that require proof of available water supply;
and
(4) Identify type of water right claimed to exist with each water-gathering facility and each source of supply for the system (e.g., riparian, pre-1914, appropriative, overlying or other). Provide written verification of legal water rights applicable to type of right claimed. The verification shall include, but shall not be limited to the following forms of documentation: (a) Condition of Title Report, prepared by a Title Company at the applicant=s expense, and any and all supporting documentation to indicate whether legal water rights have been subordinated or severed; this documentation may include a judicial declaration of right or a full title opinion prepared by an attorney with expertise in water law; (b) information that describes the legal basis or authority for diversion and extraction of water; (c) if groundwater is being pumped from a groundwater basin that has not been adjudicated, a statement to that effect in addition to a copy of the current deed to the property is sufficient documentation to satisfy this requirement; or (d) if the source of the water is subject to permit requirements under the State Water Resources Control Board, a copy of the SWRCB water rights permit or domestic registration must be included; and
(5) A copy of the application submitted to the Monterey County Environmental Health Department for Creation of a Water Distribution System; and
(6) The name and address of each responsible party; and
(7) The results of a well
capacity (aquifer pumping) tests for the duration
specified by the Implementation Guidelines, the cost of which tests
shall be borne by the applicant, and which shall be observed by a District
representative or agent; and
(8) The results of water quality tests as specified by the Implementation Guidelines, the cost of which test shall be borne by the applicant; and
(6) The applicable fees prescribed in Rule 60.
B. APPLICATION FOR PERMIT TO EXTEND/EXPAND A WATER DISTRIBUTION SYSTEM
The applicant shall submit all of the following:
(1) A completed written application in the manner
and form prescribed by the Implementation Guidelines General
Manager; and
(2) For those applications for which a
building permit has been granted, proof of the building permit by municipal
unit in which extension or expansion is proposed, or statement of need for proposed
expansion/extension; and
(3) For those potable system applications
for which a building permit has not yet been granted is
pending, complete architectural contract drawings of
sufficient detail to that reflect water use pursuant
to Tables 1 or 2 of Rule 24, together with any amendment, addition, or modification
of those drawings which may be made prior to use or occupancy of the project,
and any drawings which may be submitted to the municipal unit for land use or
building approvals, a statement of near?term need for the proposed expansion/extension;
and
(4) For subpotable systems, and for all
exterior use for all systems, an itemized estimate of water use in the form
of a landscape budget or other alternate water demand estimate as approved by
the General Manager; and
(5) Architectural contract drawings
for each change in the project made prior to use or occupancy which may affect
the project=s capacity to use water; and
(6) The applicable fees prescribed in Rule 60;
and (7) The connection charge prescribed in Rule 24.
Section Six: Amendment of Rule 22
(Action on Application for Permit to Create/Establish a Water Distribution System)
District Rule 22 shall be amended by deleting the
following provisions shown in strikeout text ( RULE 22. ACTION ON APPLICATION FOR
PERMIT TO CREATE OR ESTABLISH A WATER DISTRIBUTION SYSTEM.
A.
PROCESS
(b) In the case of single-connection water distribution system applications
for potable or subpotable water use, the General Manager or designated staff
member, not the Board, shall function as the hearing officer as set forth
in Rule 22-A-2.
At the hearing, the General Manager or staff designee shall sit as
the sole hearing officer. The applicant and any interested person shall
be entitled to present evidence in opposition or support of the application.
The General Manager in conducting the public hearing, may request hydrologic,
geologic, legal opinions or other studies necessary to obtain information
required for his decision. The cost of such studies shall be borne by
the applicant. For every application for which a controversy, based
on factual evidence already in the record or introduced into the record, arises
concerning the extent or adequacy of water rights, the General Manager may
require and will specify additional documentation needed to support each water
right claim. The General Manager will continue the public hearing on
the application until the specified information is provided by the applicant.
The General Manager may deny, approve, or condition any permit application
based on the minimum standards as set forth in Rule 22-C and findings pursuant
to Rule 22-B. Conditions on the permit may be imposed as are necessary
and proper.
The General Manager shall notify the applicant within thirty (30) days
in writing by mail or in person of the action taken; namely continuance, approval,
conditional approval, or denial. Notice of the action taken shall be
deemed to have been given when the written notification has been deposited
in the mail, postpaid, addressed to the address shown on the application,
or when personally delivered to the applicant or the applicant's representative.
The decision may be appealed to the board of directors pursuant to Rule 70,
"Appeals,"upon payment of the fee specified in Rule 63 (4).
( Permits granted under this provision may be appealed to the board of directors
for a de novo hearing. That hearing shall convene under the rules of
process set in Rule 70, "Appeals." The fee specified in Rule 63 (4),
however, shall be waived.
In order to protect public trust resources,
prior to making its discretionary decision to grant or deny any permit to create
or establish any water distribution system, or to create or establish any mobile
water distribution system, the board (or the General
Manager for certain systems) shall determine:
(2) Whether the permit would result in exportation or importation of water
outside or into the District; and (3) Whether the (4) Whether the application adequately identifies the claim of right
for each source of supply for the water distribution system, whether it provides
adequate supporting verification documentation thereto, and/or whether the
system relies on any non-existent or questionable claim of right; and
(5) Whether the application demonstrates the existence of a long-term
reliable source of supply; and
(6) Whether the source of supply is shared by any other water distribution
system, and if so, the extent to which cumulative impacts may affect each
source of supply, and species and habitat dependent upon those sources of
supply; and
(7) Whether the source of supply derives from (a) the Monterey Peninsula
Water Resources System, and/or (b) waters within the jurisdiction of the State
Water Resources Control Board, and/or (c) waters tributary to the source of
supply for any other system; and
(8) Whether the proposed water distribution system (a) shall intertie
to any other system, (b) shall be able to obtain emergency supplies in the
event of system failure, (c) shall provide fire flow requirements for development
served by that system; and (d) the extent other water distribution systems
shall be required to provide emergency supplies and/or meet fire flow requirements;
and
(9) Whether the proposed water distribution system shall incorporate
adequate cross contamination and backflow measures to protect other systems
and sources of supply.
An application may be considered for approval
if it complies with each of the following minimum standards; if any one of the
following standards is not met, the application shall be denied:
(2) The ability of the source of supply for any water distribution
system designed to deliver water for any potable use to other than a single-connection
system, to provide water that complies with the standards
set forth in Title 22 of the California Administrative Code.
(3) The application identifies the location of each source of supply
for the water distribution system, and the location of each use supplied by
a mobile distribution system.
(4) The proposed water distribution system will not create
an overdraft or increase an existing overdraft, unless a valid superior
right is proven.
(5) The proposed water distribution system will not adversely
affect the ability of existing systems to provide water to users.
(b) permit shall identify authorized use of water distribution system
(e.g., potable, subpotable, residential, commercial, and/or other types
of use);
(c) permit shall identify approvals by other agencies that shall
be obtained before water distribution system permit is finalized or vested;
(d) applicant shall execute an indemnification agreement that hold
the District harmless, and promises to defend the District from any claims,
demands, or expenses of any nature or kind arising from or in any way related
to the adequacy of the water supply of the system;
(e) applicant shall comply with all District rules relating to water
well registration, metering and reporting;
(f) applicant shall comply with all District water conservation ordinances;
this may include requirements for installation of low-flow fixtures or drought
tolerant landscaping;
(g) applicant shall comply with District regulations that govern
water meter connections, including payment of applicable fees;
(h) permit shall identify whether interties to other systems are
allowed and shall identify restrictions or prohibitions on such interties,
including devises to prevent cross-contamination of systems;
(i) permit shall identify which mitigation measures, if any, are
required to address potential adverse environmental impacts associated with
the proposed water distribution system, and specify funding mechanism, if
applicable;
(j) applicant shall provide copy of agreement(s) to serve water to
recipient parcels, if a multi-connection system;
(k) applicant shall apply for a permit to intensify or expand the
approved water distribution system;
(l) applicant shall pay to the District the invoiced cost for MPWMD
staff time (greater than 20 hours) to process the permit, as documented
in billing logs, before the permit is finalized;
(m) applicant shall sign an “Acceptance of Permit Conditions”
form upon finalization of permit conditions, wherein the applicant states
that he/she understands and accepts the conditions as a binding part of
the permit approval, and agrees to carry out the conditions in good faith;
the permit is not valid until the signed form is received from the applicant;
(n) permit shall state that the permit is subject to revocation in
the event the applicant does not comply with the provisions set forth in
each condition in this Rule.
2. Every applicant as a condition to holding a permit pursuant to this rule
shall report annually by August 1st in the form and manner prescribed by the
District, the quantity of water delivered from each source of supply, total
water produced, and average daily number of connections in the system, and
the number of new connections and disconnections, a map or maps of the service
area, 3. As a condition precedent to use or enjoyment of any permit pursuant
to this rule, each applicant shall be required to first obtain and comply
with any required approval from the local jurisdiction in which the property
is located; and if applicable, obtain and comply with a certificate from the
California Public Utilities Commission, or a coastal development permit or
other approvals pursuant to the California Coastal Act. Failure to comply
with this prerequisite shall provide cause for revocation of any permit issued
pursuant to this rule.
District Rule 173 shall be amended by deleting the
following provisions shown in strikeout text ( RULE 173.
REGULATION OF MOBILE WATER DISTRIBUTION SYSTEMS
2.
In the event prior authorization is not obtained by reason of an emergency
or health related situation, authorization for the Mobile Water
Distribution System permit shall be sought C. Delivery
and/or receipt of water from an unpermitted Mobile Water
Distribution System shall be deemed water waste, and shall be
subject to fine, restriction, and cease and desist order as set forth in Rule
171.
District Rules 52, 54 and 57 shall be amended
to delete references to an obsolete form and to insert reference to the form
in present use. Provisions shown in strikeout text ( RULE 52.
REGISTRATION REQUIRED
52 A. 2 An executed 52 B. 2 An executed RULE 54.
REPORTING
54 C. 3 Any well in existence
as of December 1, 2000 (inside or outside the boundaries of the MPWRS)
which has been granted a variance from this standard pursuant to Rule 57.
54 D. 6 (new section)
Any new well completed after December 1, 2000
must be metered and report using the water meter method, regardless of parcel
size, location or annual production.
RULE 57. CRITERIA AFFECTING WATER
METER INSTALLATION REQUIREMENTS
B.
VARIANCE FROM WELL METER REQUIREMENTS
57 B. 1 Written Application.
For wells installed prior to December 1, 2000, any property owner
or well operator may apply by written application for a variance from the requirements
to meter wells under Rules 54 and 56 of this Regulation. [text continues as
currently written]
Section Nine:
Amendment of Rules 60, 62 and 63 (Permit and Appeals Fees)
District Rules 60, 62 and 63
shall be amended to delete references to an obsolete form and to insert reference
to the form in present use. Provisions shown in strikeout text ( RULE 60.
WATER DISTRIBUTION SYSTEM PERMIT FEES
60 1. Administrative fee for
each permit to Create/Establish a water distribution system:
60 2. d Unusually complex applications:
60 8. Administrative fee for
each amendment of a water distribution system creation permit:
b. c. 62 3. Fee for amendment of RULE 63.
MISCELLANEOUS FEES
63 5. Additional Fees for Complex
Appeals or Variances: Section Ten:
Publication and Application
The provisions of this ordinance shall cause the
republication and amendment of the permanent Rules and Regulations of the Monterey
Peninsula Water Management District.
Section titles and captions are provided for convenience
and shall not be construed to limit the application of the text.
Section Eleven:
Effective Date and Sunset
This ordinance shall be given effect at 12:01 a.m.
on the 30th day following the
date of its adoption on
second reading. This Ordinance shall sunset when California-American Water
Company complies with Condition #2 of SWRCB Order WR 95-10.
Section Twelve:
Severability
If any subdivision, paragraph, sentence, clause
or phrase of this ordinance is, for any reason, held to be invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall not affect the validity
or enforcement of the remaining portions of this ordinance, or of any other
provisions of the Monterey Peninsula Water Management District Rules and Regulations.
It is the District's express intent that each remaining portion would have been
adopted irrespective of the fact that one or more subdivisions, paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable. On motion of Director
, and second by Director
,
the foregoing ordinance is adopted upon this ____________
day of ____________ , 2001, by the following vote:
AYES:
NAYS:
ABSENT:
I, Darby W. Fuerst, Secretary to the Board of Directors
of the Monterey Peninsula Water Management District, hereby certify the foregoing
is a full, true and correct copy of an ordinance duly adopted on the
day of
, 2001.
Witness my hand and seal of the Board of Directors
this ________ day of ________ , 2001.
___________________________________________________
Darby W. Fuerst, Secretary to the Board
\ceqa\2001\ord96draft7.wpd
strikeout), and
by adding the following provisions set forth in italicized and bold face type
(bold face).
1. Potable Water Distribution Systems and Mobile Water Distribution
Systems
(a) The General Manager (or staff designee) shall review
the each application to create or establish a water distribution
system designed to deliver potable water, or any mobile water distribution
system; and if he determines the application
to be is determined to be complete pursuant
to the Implementation Guidelines, the General
Manager shall act within thirty (30) days subsequent to satisfaction
of environmental review, to set a public hearing by the board
on the application for such permit, and shall notify the applicant in writing
and give public notice of the hearing date. If the application
is determined to be incomplete, the General Manager shall notify the applicant
concerning that information in which the application is deficient and request
the applicant to submit that information. At the hearing, the applicant
shall be entitled to present evidence in support of his the
application. Interested persons may present evidence in opposition
or support of the application. The board, in conducting
the public hearing, may request hydrologic, geologic, legal opinions
or other studies necessary to obtain information required for its
decision. The cost of such studies shall be borne by the applicant.
For every application for which a controversy, based on factual evidence
already in the record or introduced into the record, arises concerning
the extent or adequacy of water rights, the board may require and will specify
additional documentation needed to support each water right claim. The
board will continue the public hearing on the application until the specified
information is provided by the applicant. The board
may deny, approve, or continue any permit application based
on the minimum standards as set forth in Rule 22-C and its findings pursuant
to Rule 22-B. The board may impose such conditions on
the permit that it deems necessary and proper. The General Manager shall
notify the applicant within thirty (30) days in writing by mail or in person
of the board action taken; namely continuance, approval, conditional
approval, or denial. Notice of the action taken shall be deemed to have
been given when the written notification has been deposited in the mail, postpaid,
addressed to the address shown on the application, or when personally delivered
to the applicant or his the applicant's representative.
(a) The General Manager (or staff designee) shall review each
application to create or establish a water distribution system that is designed
to deliver water exclusively for single-connection systems, and applications
that meet the criteria in 22-A-1(b) above; if the application is determined
complete, the General Manager shall act within thirty (30) days subsequent to
satisfaction of environmental review, (i) to determine if a hearing exemption
applies as provided in Rule 22-A-2(b) below, and if not (ii) to set a public
hearing on the application for that permit, and shall notify the applicant in
writing and give public notice of the hearing date. If the application
is determined to be incomplete, the applicant shall be notified as to information
in which the application is deficient and allowed to submit that information.
b) Notwithstanding any other provision
of this Rule, a hearing exemption shall apply to any application to create
or establish a water distribution system that is designed (i) to deliver water
exclusively for subpotable uses; and (ii) derives its supply from sources
outside of the Monterey Peninsula Water Resources System; and (iii) is
a single-connection system. This hearing exemption shall apply
only after the application is determined complete and has completed necessary
environmental review. The General Manager may deny, approve, or condition
the permit based on the minimum standards as set forth in Rule 22-C.
(1) Whether the system for which a permit is sought would cause unnecessary
duplication of the same types of services by any existing system; and
permit proposed water distribution
system would result in significant environmental effects that cannot
be mitigated by conditions attached to the permit; and
(1) The application identifies at least one responsible party
who, at all times, will be available and legally responsible for the proper
performance of those things required of a permit holder by this ordinance.
1. The board or hearing officer approves the permit,
it shall establish for each system: (i) an expansion capacity
limit, which sets the total number of connections which can be served;
(ii) a
the system capacity limit, which
sets the maximum annual production in acre-feet per year; and (iii)
a municipal unit allocation. for that water distribution system.
In addition to the following mandatory conditions, the board or hearing
officer may impose other conditions in granting the permit:
(a) permit shall designate geographic boundary of water distribution
system service area, including Assessor's Parcel Numbers;
and a listing of permits filed in the previous water year (July
1 to June 30) in each municipal unit, and the identity and address
of each responsible party as of June 30th of the previous year.
No owner or operator of a water distribution system shall modify,
add to or change his/her source of supply, location of uses,
expand the system beyond the expansion capacity limit, or expand the service
area, unless that person first files an application to do so with the District
and receives an amended creation/establishment permit. Such applications shall
be made pursuant to
Rule 21, Regulation
II (Permits), shall comply with each rule therein, and shall be investigated,
considered, determined and acted upon on the same terms and conditions as provided
for the approval, conditional approval, or denial of a permit, as provided in
this rule.strikeout), and
by adding the following provisions set forth in italicized and bold face type
(bold face).
DURING A WATER SUPPLY EMERGENCY
A. No person, extractor,
owner or operator shall operate a mobile water distribution system without first
securing a written permit
permission from the
District. In accordance with Monterey County Code (e.g., Title 15.20),
no applications will be accepted or permitted for bulk hauled water for permanent
potable use. Applications for establishment of a Mobile Water
Distribution System shall be made pursuant to Rule 22 (Action On Application
For Permit To Create/Establish A Water Distribution System) and shall be investigated,
considered, determined, and acted upon on the same terms and conditions as provided
for the approval, conditional approval or denial of a creation/establishment
permit as stated in that rule. The application shall
identify each source of supply and the location of each use. For any subpotable
mobile water distribution system within the California-American Water Company
(Cal-Am) service area, a condition of approval shall require that Cal-Am be
notified so that a back-flow protection device can be installed pursuant to
Monterey County Code Title 17.
obtained
from the District by submittal of a complete application compliant with
Rule 21, within five working days following commencement of
the emergency or health related event.
strikeout)
are to be deleted, and those shown in italicized and bold face type (bold
face) shall be added. All other provisions of Rules 52, 54
and 57 shall remain unaltered.
Declaration of Reporting
Status, as more fully described in Rule 54(C) Water Well Registration
Form.
Declaration of Reporting
Status, as more fully described in Rule 54 (C) Water Well Registration
Form.
strikeout)
are to be deleted, and those shown in italicized and bold face type (bold
face) shall be added. All other provisions of Rules 60 and 63
shall remain unaltered. The fees imposed by Rules 60, 62 and 63
shall not be increased or decreased by this amendment.
a. Less than 25 connections: $750
b. More than 24 connections: $1,500
$1,400 for up to twenty (20) hours of staff time
$30.00 $70.00 per hour of staff time for all
necessary efforts in excess of twenty (20) hours per application.
a.
1 connection: $125 single-connection
system: $750
2-24 connections: $750 multiple-connection
system: $1,400
25 or more connections: $1,500 $70.00
per hour for more than twenty (20) hours of staff time expended to process
(a) or (b) above
Declaration
of Reporting Status Water Well Registration Form - $25.
$30.00 $70.00 per hour
of staff time for all necessary efforts in excess of ten (10) hours per appeal
or variance.
prepared by H Stern, 3/9/01, 20 pages
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