EXHIBIT 12-A
DRAFT-VERSION 3A (5/9/05)
ORDINANCE
NO. 122
AN
ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT
CREATING
AN IMPACT-BASED SYSTEM FOR
WATER
DISTRIBUTION SYSTEM PERMITS
FINDINGS
1. The Monterey Peninsula Water Management
District (MPWMD, Water Management District, or District) was authorized in 1977
by the California Legislature (Chapter 527 of the Statutes of 1977, as amended,
found at West’s Water Law Appendix Section 118-1, et seq.), and the voters of the
Monterey Peninsula ratified its creation in June 1978. The District holds comprehensive authority to
integrate management of the ground and surface water resources in the Monterey
Peninsula area.
2. The Water Management District is authorized
to establish a written permit system to regulate water distribution systems,
regardless of the number of connections served or the source of the water
supply.
3. The Board of Directors finds that regulating
all water distribution systems, including mobile water distribution systems, is
necessary to protect District water resources and to assure that sufficient
water will be available for present and future beneficial use by all District
inhabitants and lands. The District’s
management efforts are necessary to protect District water resources and to
assure that sufficient water will be available for present and future
beneficial use by all District inhabitants and lands. The need for these protective efforts has
been heightened by the State Water Resources Control Board (SWRCB) Order WR
95-10, and the listing of the California red-legged frog and steelhead as
threatened species under the federal Endangered Species Act (ESA), resulting in
the need to protect the public trust resources of the Carmel River. Management efforts assess and minimize: (i)
the cumulative impact of water distribution systems upon water resources; (ii)
the demand burden that can result from failure of small systems; (iii) fire
risks presented by small systems; (iv) water quality concerns; (v) cross-contamination
of water supplies and water systems; (vi) public utility service area
limitations; (vii) lack of clear identification of water rights for water
systems; and (viii) other limits associated with California American Water
(Cal-Am) supply as a result of SWRCB Order WR 95-10.
4. The Water Management District has enacted, by
ordinance, a set of Rules and Regulations to implement its statutory
authority. District Rule 11 defines the
terms used in the regulation of water distribution systems and mobile water
distribution systems. District Rules 20,
21, 22, 40, 54 – 56, 60, 114 and 173 further define procedural and substantive
rules that regulate these systems.
Although these rules have been amended from time to time, the
fundamental scope of these regulations was first enacted in the early
1980s. Definitions for the terms “Water
Distribution System” and “Water-Gathering Facility” were enacted on February
11, 1980 by Ordinance No. 1. The
definition of “Source of Supply” was enacted on July 11, 1980 by Ordinance No.
3. The term “Mobile Water Distribution
System” was defined on July 13, 1981 by Ordinance No. 7. Significant refinements, changes and
additions to the Rules and Regulations governing water distribution systems
were adopted as part of Ordinance No. 96 on March 19, 2001; Ordinance No. 105
on December 16, 2002; Ordinance No. 106 on February 27, 2003; and Ordinance No.
118 on December 13, 2004.
5. The Water Management District has enacted a
comprehensive scheme to review and regulate the creation and expansion of water
distribution systems. That scheme was
first enacted on February 11, 1980, by Ordinance No. 1, and has since been
amended from time to time, most recently with Ordinance No. 118 adopted on December
13, 2004 (effective January 12, 2005).
6. Based on four years of experience since
Ordinance No. 96 was adopted in March 2001, the District believes that there is
a need to streamline the permit process and reduce the financial burden to
applicants requesting approval for water distribution systems that have a low
potential to adversely affect the water resources system, dependent habitat or
existing water systems. Conversely, the
District believes there is a need for more rigorous review of water distribution
systems that have a higher potential to affect environmental resources of
concern or existing water systems, including individual wells. Thus, a new “impact-based” permit process is
recommended, where District resources are focused on applications that have the
most potential to affect the environment and existing water systems. The District’s environmental review is
focused on surface and groundwater hydrology, water quality and other
water-resource related issues; and not issues such as traffic, visual quality,
cultural resources and other elements that are not within the regulatory
authority of this agency.
7. This Ordinance is intended to authorize a new, multi-level,
impact-based system that governs the review and approval of water distribution
system applications submitted to the Water Management District, including
revised fees consistent with the level of staff effort needed. This Ordinance is intended to be consistent
with the required findings, minimum standards of approval, and conditions of
approval described in Rule 22.
8. This Ordinance is intended to be consistent with current
enforcement procedures as recently clarified via Ordinance No. 118 in December
2004.
9. The Water Management District Board of
Directors has reviewed recommended ordinance concepts and received input from
the public at the Rules & Regulations Review Committee meetings of April 5,
2005 and May 3, 2005; and at regular board meetings on May 16, 2005, _______
2005 and ______ 2005.
10. At its meeting of ______ 2005, the Water
Management District Board of Directors adopted a Negative Declaration stating
that Ordinance No. 122 would not have a significant effect on the environment
(CEQA Guidelines sections 15074). This
determination was based on an Initial Study circulated for public comment for a
minimum of 20 days beginning on _____ 2005.
A Notice of Determination was filed on _____ 2005 based on District
Board adoption of Ordinance No. 123 at its second reading on ____ 2005.
11. This ordinance is adopted to enhance the
District’s ability to protect water quality and quantity, to prevent diminution
of waters within the District, to protect environmental values, and is
consistent with the District’s authority to reasonably regulate in-stream,
surface, and subterranean water supplies within District boundaries.
12. This ordinance shall amend Rules 11,
20, 21, and 22 of the Rules and Regulations of the Water Management
District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section
One: Short Title
This ordinance shall be known as the Impact-Based
Water Distribution System Permit Review Ordinance of the Monterey Peninsula
Water Management District.
Section
Two Purpose
This ordinance shall revise the permanent
Rules and Regulations of the Monterey Peninsula Water Management District to
amend procedures that affect the creation, amendment, expansion or extension of
water distribution systems and mobile water distribution systems. This ordinance shall also revise and set fees
consistent with the amended permit procedures.
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).
ABANDONED WELL
An “abandoned well” is a well that has
produced no (zero) water for one year or more, and has not met the requirements
to be considered an “inactive well” in compliance with Monterey County
regulations.
ACTIVE WELL
An
“active well” is a well that has been permitted by the Monterey County Health
Department and constructed (or a well that was completed prior to
year 1973) and constructed, and has produced any quantity of water
within a Reporting Year (July October 1 through June
September 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.
AMEND A WATER DISTRIBUTION
SYSTEM
"Amend a Water Distribution System" means altering the components, boundary, system limits or other characteristics of a Water Distribution System pursuant to Rule 22.
COMPLETION OF A WATER DISTRIBUTION SYSTEM
“Completion of a Water Distribution System” shall mean the creation, establishment, extension, or expansion of a water distribution system so that the system or expansion is capable of delivering water for consumption through permitted fixtures. This shall include the acquisition of all required permits, installation of any required water meter(s), and approval of construction, when required by law or ordinance.
COMPLETION OF A WELL
"Completion of a well" means the
completion of all physical tasks necessary, so that the well is producing or is
capable of producing ground water, including an operable pumping facility. This shall include acquisition
of a Monterey County Health Department Water Well Construction Permit,
installation of any water meter(s) required by MPWMD, and MPWMD inspection and
approval of the meter(s).
CREATE
A WATER DISTRIBUTION
SYSTEM
"Create a Water Distribution
System" means the construction and operation of a water
distribution system including the addition of new water‑gathering
facilities or the annexation of new service area after June 11, 1981 to
existing water distribution systems pursuant to Rule 20.
INACTIVE WELL
An “inactive well” is a well that has
produced no (zero) water for one year or more, but has not been abandoned as
set forth in Monterey County regulations.
In order for a well to be considered “inactive” by MPWMD, the annual
production report must be submitted confirming the inactive status, and a proper amended well registration form
showing the inactive status must be filed with the District.
LEVEL 1/PERMIT WAIVER
A “Level 1/Permit Waiver”
refers to a ministerial permit for a Water Distribution System application that
meets the criteria for a CEQA Notice of Exemption. A Level 1/Permit Waiver
shall be issued if all of the following criteria are met and maintained: (1)
property is comprised of one or two parcels totaling less than 2.5 acres; (2)
property is not within the Cal-Am service area, or is not served by Cal-Am as a
remote meter; (3) proposed well is located in the Carmel Valley Upland area;
(4) proposed well is more than 1,000 feet from any Sensitive Environmental
Receptor defined in Rule 11; and (5) proposed well is more than 1,000 feet from
an existing well that is registered with the District and/or included in the
District well database at the time of the application.
LEVEL 2/ADMINISTRATIVE PERMIT
A “Level 2/Administrative Permit” refers to a discretionary permit
for a Water Distribution System application that is subject to CEQA
review. A streamlined Administrative
Permit shall be processed if the criteria specified in Rule 22, Table 22-A, are
met. The applicant
shall provide a hydrogeologic assessment by a qualified consultant as defined
in Rule 21-A-9. Rule 22 specifies that no public hearing is required. Level 2 is the minimum level of review for
any application within
the main Cal-Am service area (Monterey Peninsula Water Resources System).
LEVEL 3/HEARING OFFICER REVIEW
A “Level 3/Hearing Officer Review Permit” refers to a discretionary permit
for a Water Distribution System application that is subject to CEQA
review. A Level 3 application shall be
processed if the criteria specified in Rule 22, Table 22-A, are met.
LEVEL 4/MPWMD BOARD HEARING
A “Level 4/MPWMD Board Hearing Permit” refers to a discretionary
permit for a Water Distribution System application that is subject to CEQA
review. A Level 4 application shall be
processed if the criteria specified in Rule 22, Table 22-A, are met.
PERMIT REVIEW LEVEL
“Permit Review Level” refers to the
type of administrative process for a Water Distribution System application;
MPWMD staff determines whether the application should be processed as Level 1,
Level 2, Level 3 or Level 4 as defined in Rule 11.
PROJECT
A “project” is an activity subject to
the California Environmental Quality Act (CEQA). The District adopts the definition of
“project” as defined by CEQA Guidelines Sections 15002(d) and 15378.
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 to enable reporting of production as an
active well.
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.
A “Sensitive Environmental Receptor (SER)” is any one
of the following areas or locations: (1) the Carmel Valley Alluvial Aquifer
(alluvium) as delineated by the State Water Resources Control Board (SWRCB) in
Order WR 95-10 as modified by Order 98-04, and as shown on maps at the District
office; (2) the five tributaries listed in MPWMD Rule 20, including Tularcitos,
Hitchcock Canyon, Garzas, Robinson Canyon and Potrero Creeks; (3) the Seaside
Groundwater Basin as delineated by MPWMD, and as shown on maps at the District
office; (4) the Pacific Ocean as delineated by the mean high tide line; or (5)
other sensitive locations as designated by Resolution of the MPWMD Board of
Directors.
WELL
"Well" means any device or method,
mechanical or otherwise, for the production of water from ground water supplies
within the District excluding seepage pits and natural springs. "Existing Well" means a
completed well which is producing or capable of producing ground water on July
9, 1980, or a well which is completed subsequent to such date pursuant to an
unexpired well construction permit which had been issued prior to such
date. The term "existing well"
shall not apply to any well which ceases to produce water for 364 days or to
any facility for which a Notice of Abandonment has been filed. "New Well" means a well for which a
construction permit is issued (or is required to be issued) by the Monterey
County Department of Health after July 9, 1980, and shall also mean the
reactivation of any existing well which ceased water production of 364 days or
more, or which was abandoned.
WELL SOURCE AND PUMPING IMPACT
ASSESSMENT
“Well Source and Pumping Impact
Assessment” refers to the hydrogeologic information described in Rule 21 that
is required to be submitted as part of an application for a Water Distribution
System permit. The assessment goal is to
determine whether the proposed well or other facility (1) can provide reliable
water quality and quantity to meet the proposed uses, and (2) would not
adversely affect Sensitive Environmental Receptors, as defined in Rule 11, or
existing wells that are registered with
the District and/or included in the District well database at the time of the
application .
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
Before any person creates or establishes a water distribution system, such person shall first obtain a
written exemption or 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.
[NOTE: No further changes are made to Rules 20-A or
20-B]
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM
PERMIT
An MPWMD water distribution system permit is not
required for the following situations:
1. For properties that lie outside
the District boundary, Wwhere both: (a) the
property to be served is wholly outside of the boundaries of the Monterey
Peninsula Water Management District, and (b) the water source is
also located outside of the District boundary.
2. For
properties that straddle the District boundary, an MPWMD water distribution
system permit is not required where both: (a) the portion of the property
served by the water distribution system is outside of the District boundary,
and (b) the source of supply is outside of the District boundary.
[NOTE: Renumber subsections C-2 through C-11. No changes are made to Rule 20-D following
Rule 20-C.]
3. [formerly
#2] A system that meets all of the following criteria: (a) comprised of
one or two parcels totaling less than 2.5 acres in size; (b) located outside of
the Carmel River Basin and Seaside Groundwater Basin as shown in maps provided
in the Implementation Guidelines; (c) located outside of the California
American Water (Cal-Am) service area (or not served by Cal-Am as a remote
meter); (d) well site is located more than 1,000 feet from any Sensitive
Environmental Receptor as defined in Rule 11; and (e) well site is located more
than 1,000 feet from an existing well that is registered with the District
and/or included in the District well database at the time of the application.
A single-parcel
connection water distribution system unless that system derives its source of
supply from within the Carmel River Basin, as shown in the map
provided in the Implementation Guidelines; and/or the Seaside Coastal Subareas of the Seaside Groundwater Basin.
The Carmel River Basin and Seaside Groundwater Basin Coastal
Subareas are defined in Rule 11, Definitions.
4. [formerly
#3] For a single-parcel connection system located
within the Carmel River Basin that meets all of the following three criteria:
(a) the well location lies outside of the mapped area 1,000 feet from the Carmel Valley alluvial aquifer or 1,000 feet from Tularcitos,
Hitchcock Canyon, Garzas, Robinson Canyon or Potrero Creeks; (b) a valid well
construction permit by the Monterey County Health Department was issued prior
to January 15, 2003; and (3) (c) the applicant makes the
well active, registers the well with MPWMD, meters the well, has the well inspected by MPWMD,
and receives an approved MPWMD Water Meter Installation Inspection form issued
on or before June 30, 2003.
5. [formerly
#4] To reactivate, refurbish or replace existing wells that are registered with
the District, as defined in Rule 11. To
qualify for this exemption, the reactivated, refurbished or replacement well
must have substantially the same purpose and capacity of the structure replaced. The replacement structure must be consistent
with other MPWMD Rules and Regulations.
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. This exemption shall not apply to an abandoned well, or
replacement of an abandoned well, or wells that have been inactive for more
than 10 years.
Section Five: Amendment
of Rule 21 (Applications)
District
Rule 21 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 21 -
APPLICATIONS
A. APPLICATION FOR PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
The applicant for a Permit to Create/Establish a Water
Distribution System shall submit the following:
1. A completed, written application “Pre-Application
Request Form”, signed by the system owner, in the manner and form prescribed
by the Implementation Guidelines. Based
on the information provided on the Pre-Application Request Form, District staff
shall determine: (a) whether the application qualifies for an Exemption from Rule
20; (b) which one of four “permit review levels” is required (i.e., Level 1,
Level 2, Level 3 or Level 4 described in Rule 22); and (c) whether the
application is for a mobile water distribution system. The applicant shall submit a completed,
written Application Form, signed by the system owner, specified for the type of
system and permit review level in the manner and form prescribed by the
Implementation Guidelines, which encompass the remaining numbered elements of
this Rule 21-A; and
[NOTE: No further changes are made to Rules 21-A
through 21-F]
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
Rule 22-A, Process, in its entirety, and replacing the text with the following
provisions set forth in italicized and bold face type (bold face).
A. PROCESS
1. Review of Pre-Application Request Form
for All Systems
The General Manager shall review each Pre-Application Request
Form to create/establish a water distribution system. If the Pre-Application is determined to be
complete pursuant to the Implementation Guidelines, the General Manager shall
determine the proper permit review level (i.e., Exempt, Level 1, Level 2, Level
3, or Level 4 as defined in Rule 11, Definitions). The General Manager shall notify the
applicant in writing of the permit level determination (to be confirmed by
information in the formal Application Form), applicable permit application fee,
and provide the proper written Application Form and associated materials
pursuant to the Implementation Guidelines.
If the Pre-Application Request Form is determined to be incomplete, the
General Manager shall notify the applicant concerning the missing or deficient
information, and request the applicant to submit that information.
2. Determination of Permit Review Level
Based on the information in the
Pre-Application Request Form (as confirmed by the formal Application Form), the
General Manager shall determine the permit review level
as follows, using the attached Table 22-A as a guide:
Exempt:
A system meets all of the criteria identified in Rule 20-C-3.
Level 1/Permit Waiver:
A system meets all of the following criteria: (a) comprised of one or
two parcels totaling less than 2.5 acres; (b) well site is located in Carmel
Valley Upland more than 1,000 feet from any Sensitive Environmental Receptor as
defined in Rule 11; (c) well site is located more than 1,000 feet from any
existing well that is registered with the District and/or included in the
District well database at the time of the application; and (d) the property is
not within the Cal-Am service area or served by Cal-Am as a remote meter. See also the attached Table 22-A.
Level 2/Administrative Permit:
A system meets the criteria for Level 2 as shown in the attached Table
22-A.
Level 3/Hearing Officer Review:
A system meets the criteria for Level 3 as shown in the attached Table
22-A.
Level 4/MPWMD Board Hearing:
A system meets the criteria for Level 4 as shown in the attached Table
22-A.
Each application shall be reviewed
pursuant to CEQA, except those ministerial actions determined to be exempt from
the application of CEQA (Guidelines Section 15268). A Notice of Exemption shall be filed for
projects that meet the criteria of CEQA Guidelines Sections 15300 et seq.; a
Notice of Determination shall be filed for all others.
3. Protocol for Exempt System
No Application Form or permit processing
is required for an exempt system. The General Manager shall provide a written Confirmation of
Exemption to the applicant in the form and manner prescribed in the
Implementation Guidelines, including the applicable fee described in Rule
60. District action is ministerial and
is exempted from the application of CEQA (Guidelines Sections 15268).
4. Protocol for Level 1/Permit Waiver
The General Manager shall provide an Application Form for a
Level 1 system in the form and manner prescribed in the Implementation
Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written
documentation that the system meets the Level 1 criteria described in Rule
22-A-2 above. The General Manager
shall determine if the submitted Application is complete, pursuant to the
Implementation Guidelines, within thirty (30) days of receipt. If the Application is determined to be
complete, the General Manager shall issue a Permit Waiver within thirty (30)
days that specifies the terms and conditions of the Waiver that are independent
of, but consistent with, Rules 22-B, 22-C and 22-D. The Permit Waiver does not set system
limits. 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, in compliance with Rule 22-F. District
action is ministerial. A Level 1
application meets the criteria for a CEQA Exemption (Guidelines Section 15268).
5. Protocol for Level 2/Administrative
Permit
The General Manager shall provide an Application Form for a
Level 2 system in the form and manner prescribed in the Implementation
Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written
documentation that the system meets the Level 2 criteria described in Rule
22-A-2 above as well as enable compliance with Rules 21-A, 22-B and 22-C. The General Manager shall determine if the
submitted Application is complete, pursuant to the Implementation Guidelines,
within thirty (30) days of receipt. If
the Application is determined to be complete, the General Manager shall issue
an Administrative Permit. The
Administrative Permit shall include Conditions of Approval in compliance with
Rule 22-D. The Level 2 process does not require a public hearing. 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, in compliance with Rule 22-F. District
action is discretionary and the application is subject to CEQA review.
6. Protocol for Level 3/Hearing Officer
Review
a. The
General Manager shall provide an Application Form for a
Level 3 system in the form and manner prescribed in the Implementation
Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written
documentation that the system meets the Level 3 criteria described in Rule
22-A-2 above as well as enable compliance with Rules 21-A, 22-B and 22-C. The General Manager shall determine if the
submitted Application is complete, pursuant to the Implementation Guidelines,
within thirty (30) days of receipt. 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, in compliance
with Rule 22-F. District action is discretionary
and the application is subject to CEQA review.
b. If
the Application is determined to be complete, the general Manager shall act
within thirty (30) days following satisfaction of CEQA requirements to set a public hearing on the Application for such
permit, and shall notify the applicant in writing and give public notice of the
hearing date in the manner and form prescribed in the Implementation
Guidelines. At the hearing, the General
Manager shall sit as the sole Hearing Officer.
At the hearing, the applicant shall be entitled to present evidence in
support of the Application. Interested
persons may present evidence in opposition or
support of the Application. The Hearing
Officer, in conducting the public hearing, may request
hydrologic, geologic, legal opinions or other studies necessary to obtain
information required for his/her 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 Hearing Officer may require and will
specify additional documentation needed to support each water right claim. The Hearing Officer shall continue the public hearing on the
application until the specified information is provided by the applicant.
c. The Hearing Officer may deny, approve,
or continue the permit Application based on the minimum standards as set forth
in Rule 22-C and its findings pursuant to Rule 22-B. The Hearing Officer may impose such
conditions on the permit that he/she deems necessary and proper, which must
include the Mandatory Conditions of Approval specified in Rule 22-D. The General Manager shall notify the
applicant within thirty (30) days in writing by mail or in person of the Hearing Officer action
taken; namely continuance, approval, conditional approval, or denial of the
Application. 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. Notice of the Hearing Officer’s
action shall be provided to all Board members.
d. The Hearing Officer’s decision may be
appealed to the MPWMD Board of Directors pursuant to Rule 70,
“Appeals,” upon payment of the fee specified in Rule 60. 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.”
7. Protocol for Level 4/MPWMD Board
Hearing
a. The
General Manager shall provide an Application Form for a
Level 4 system in the form and manner prescribed in the Implementation
Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written
documentation that the system meets the Level 4 criteria described in Rule
22-A-2 above as well as enable compliance with Rules 21-A, 22-B and 22-C. The General Manager shall determine if the
submitted Application is complete, pursuant to the Implementation Guidelines,
within thirty (30) days of receipt. 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, in compliance
with Rule 22-F. District action is
discretionary and the application is subject to CEQA review.
b. In the case of Level 4 permit review,
the procedures are identical to those described for Level 3 in Rule 22-A-6
above, except MPWMD Board of Directors, not the staff Hearing Officer, shall conduct the public hearing. Also, there is no appeal of the MPWMD Board’s
decision (i.e., Rule 22-A-6-d does not apply).
Section Seven: 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 Eight: Effective Date and Sunset
This ordinance shall be given effect at 12:01 a.m. on the 30th day after it has been enacted on second reading. This Ordinance shall not have a sunset date.
Section Nine: 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 by Director ________, and second by Director _______, the foregoing ordinance is adopted upon this __th day of _______ , 2005, by the following vote:
AYES: Directors _____ ______
NAYS: Directors _____ ______
ABSENT: Directors _____ ______
I, David A. Berger, 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 __th day of ________, 2005.
Witness my hand and seal of the Board of Directors this _th day of _____, 2005.
__________________________________
David A. Berger, Secretary to the Board
U:\staff\word\boardpacket\2005\2005boardpackets\20050516\PubHrgs\12\item12_exh12a.doc
Revised
May 9, 2005 based on FF review