Exhibit 11-A
DRAFT
MPWMD Policy Regarding
Installation of Dual Plumbing Systems
Prepared September 15, 2008
The Monterey Peninsula Water
Management District (MPWMD or District) is responsible for integrated
management of ground and surface water resources in the
The availability of water from
the California American Water (CAW) system for new construction and remodels is
severely limited due to constraints on supply due to the State Water Resources
Control Board (SWRCB) Order WR 95-10 and pending Cease and Desist Order, as
well as the Superior Court of Monterey Adjudication Decision on the
To date, the use of more than one source of supply for water-using fixtures within a structure has not been approved due to concerns about public health and safety, system maintenance, regulatory consistency, and monitoring during a drought. The District now believes dual sources of supply within a structure should be allowed with the proper controls to address these concerns. The current District practice is to also allow dual sources of supply for separate structures and/or for outdoor irrigation.
The District believes this policy
should be formalized by an ordinance amending the pertinent MPWMD Rules &
Regulations, to be in effect in the first quarter of 2009. However, the District believes that the
current practice to not allow dual sources of supply within one structure
should continue until a new ordinance has been adopted and is in effect.
Specifically, this policy addresses a CAW source and a non-CAW source in three settings. The CAW source is always considered to be potable (drinking water quality); the non-CAW source may be potable or non-potable (irrigation or pool only), depending on the situation. This policy is written assuming service to one legal parcel, though it may be applied to a WDS that envisions service to more than one parcel. This policy assumes that the non-CAW source of supply is most likely to be an onsite water well, though other sources may be considered.
The three settings are:
It is noted that under a separate effort, the District is exploring greater use of non-potable sources such as cisterns, laundry or shower water for interior uses (such as toilet flushing). Given current constraints on such sources, this policy does not specifically address this scenario at this time.
For each setting, the following elements must be considered:
Setting 1: CAW Source and
Potable Non-CAW Source in the Same Structure
An example of this situation is a home or business with both CAW and potable quality non-CAW water sources provided within the same structure, with the non-CAW source to serve a specified portion of the structure via separate plumbing, such as an addition to a home or specific component of a commercial building. The District will not approve a situation where both water sources intermingle within one integrated piping system.
MPWMD Permits: The use of CAW water must be properly permitted and quantified in accordance with MPWMD Rules 23-25. Though the CAW component does not have a production limit, the metered consumption data may be compared to the permitted use (fixture units) to check for reasonable use. The non-CAW source of supply must be permitted as a WDS pursuant to Rules 20-22. An annual production limit (in acre-feet per year) shall be set for all non-CAW sources pursuant to Rules 22 and 40. Each water source (CAW and non-CAW) shall be separately metered and shall report to MPWMD annually, or more frequently if the General Manager determines there is a need for more data. The District shall provide the proper reporting forms and protocol. Deliberate tampering or mis-reporting of meter readings and other data shall be considered perjury, and shall result in permit revocation and other penalties. Each source of supply is subject to mandatory conservation and rationing. The permittee shall execute a Deed Restriction on the property that serves notice that water use is regulated pursuant to the issued permits, and that a consistent good-faith effort to maintain the non-CAW system in proper working condition shall be made in order to reliably supply the property as permitted. The Deed Restriction will also include language that prohibits interconnection between the two water sources, or abandonment of either water source without express written permission from MPWMD.
Regulatory Consistency: The Monterey County Health Department (MCHD) must provide written verification that it believes the water quality of the non-CAW source meets state health standards for indoor potable use, and does not oppose the use of the second source of supply within a structure. California American Water must provide written verification that it does not oppose the use of the non-CAW source of supply and/or that adequate protection is in place (such as backflow protection devices) to protect its system. The jurisdiction in which the parcel is located must provide written verification that non-CAW source complies with local regulations.
Resource Protection: The MPWMD WDS permit process already includes evaluation of the potential effects of the proposed non-CAW system on the environment and compliance with the California Environmental Quality Act (CEQA).
System Failure: It is possible, despite good-faith efforts to maintain a system, that a non-CAW source could fail, either temporarily or permanently. The permittee must notify the District General Manager within ten (10) working days of a temporary failure, and describe the specific actions and timelines to correct the situation. The District General Manager may allow temporary use of CAW water for a specified time period not to exceed 60 days while the non-CAW source is being repaired. A time extension not to exceed 120 days may be issued in the case of a major repair such as re-drilling a well. In the case of permanent system failure, where all reasonable good-faith efforts have failed, the permittee must advise the General Manager in writing of the situation by the end of the specified temporary period. On a case-by-case basis, the General Manager will determine whether or not to allow continued CAW service to make up for the loss of the non-CAW source, whether water savings elsewhere on the property can offset the loss of the non-CAW source, or whether CAW water service to the affected area of the structure shall not be allowed. The General Manager’s decision may be appealed to the Board pursuant to Rule 70.
Setting 2: CAW Source and
Potable Non-CAW Sources in Separate Structures
An example of this situation is where CAW water serves the main residence or commercial building and non-CAW potable water serves a separately plumbed, detached building such as a garage, guest house or second commercial building on the parcel.
MPWMD Permits: See Setting 1. The non-CAW WDS permit already sets a production limit, and requires metering and reporting.
Regulatory Consistency: The non-CAW WDS permit already requires MCHD concurrence, backflow protection for the CAW system and jurisdiction signoff. There should be no intermingling of water sources due to the physically separated plumbing systems.
Resource Protection: See Setting 1; CEQA compliance and resource protection are already part of the WDS permit process.
System Failure: The building that receives CAW water would continue to do so. The building that receives the non-CAW source is in jeopardy of abandonment if the non-CAW system fails because standard WDS permit conditions prohibit receipt of CAW service due to inadequate supply or quality of the non-CAW WDS until full compliance with SWRCB Order 95-10 has been achieved. The permittee risks permit revocation and other penalties for unlawfully connecting the two systems. MCHD regulations do not allow trucked in water as a permanent source of potable supply.
Setting 3: CAW Source for
Structures, and Non-Potable Non-CAW Source for Irrigation and Other Outdoor
Uses
An example of this situation is CAW service to the home along with untreated non-potable well water, cisterns, greywater (as allowed by public health authorities and local jurisdictions) or other sources to be used solely for outdoor landscape irrigation, pools and other non-potable uses. The District currently encourages cisterns and offers rebates as part of its conservation program.
MPWMD Permits: See Setting 1. If the non-CAW source is a well or other WDS, the WDS permit already sets a production limit, and requires metering and reporting. Onsite cisterns do not need a WDS permit (Rule 20-C-6). District Rule 20 does not currently address permitting for greywater, but a similar exemption as for cisterns should be developed.
Regulatory Consistency: See Setting 2. If the non-CAW source is a well or other WDS, the WDS permit already requires MCHD concurrence, backflow protection for the CAW system and jurisdiction signoff. There should be no intermingling of water sources due to the separate indoor versus outdoor plumbing systems. Proper protocol should be developed for cisterns or greywater systems that are exempt from a WDS permit to ensure protection of the CAW system.
Resource Protection: See Setting 2; CEQA compliance and resource protection are already part of the WDS permit process. Proper protocol should be developed for cisterns or greywater systems that are exempt from a WDS permit to ensure protection of the environment and neighbors.
System Failure: The building that receives CAW water would continue to do so. The property owner typically has the right to water outdoor landscaping with CAW water unless the CAW permit specifically excludes the outdoor use (such as a swimming pool) from using CAW water. In that case, the pool or other area that receives the non-CAW source is in jeopardy of abandonment if the non-CAW system fails because WDS permit conditions prohibit receipt of CAW service due to inadequate supply or quality of the non-CAW system until full compliance with SWRCB Order 95-10 has been achieved. MCHD regulations do allow trucked in water as a permanent source of supply for non-potable uses.
U:\staff\word\boardpacket\2008\2008boardpackets\20080922\ActionItems\11\item11_exh11a.doc