EXHIBIT 22-A
DRAFT
ORDINANCE NO. XXX
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
AMENDING AND REVISING REGULATION
XIV, WATER CONSERVATION
1.
The Monterey Peninsula Water Management District is
charged under the Monterey Peninsula Water Management District Law with the
integrated management of the ground and surface water resources in the
2. The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. This ordinance amends the water conservation requirements for new construction, additions and remodels to increase water conservation savings.
4. This ordinance amends the mandatory retrofit requirements for change of ownership and use, and expansion of use to increase water conservation savings.
5. New water conservation equipment and retrofits have become reasonably available since the District adopted its mandatory water conservation regulation in 1987 and since requirements for Visitor-Serving Facilities were added in 1997. This ordinance recognizes newer water conservation technology.
6.
Water conservation is a necessary component to
the management and protection of water resources on the
7.
The District recognizes that additional water
conservation retrofits are essential to meet the restrictions of California
State Water Resources Control Board Order No. WR 95-10. This ordinance increases water conservation
on the
8. The District recognizes that additional water conservation retrofits are necessary to meet the limitations of the Seaside Basin Adjudication decision.
9. This ordinance shall revise, amend and republish Rules 11, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154 of the Rules and Regulations of the Water Management District.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance
shall be known as the MPWMD 2009 Baseline Water Conservation Ordinance.
Section Two: Purpose
This
ordinance amends the water conservation requirements for new construction,
additions and remodels, and amends the mandatory retrofit requirements for
change of ownership or use and expansion of use. This ordinance revises and updates Regulation
XIV of the Monterey Peninsula Water Management District Rules and Regulations.
Section Three: Amendment of Rule 11, Definitions
District Rule
11, Definitions, shall be amended as follows, where the portion set forth in
strikeout type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added. Additional
words used in this ordinance are defined in Rule 11.
11.
13. ULTRA-LOW CONSUMPTION HIGH EFFICIENCY WASHING MACHINE - “Ultra-Low
Consumption Washing Machine” shall mean a Washing Machine designed to use a
maximum of 28 gallons during every complete cycle with a Water Factor of 5.0 or
less.
14. WATER
EFFICIENT ICE MAKER – “Water Efficient Ice Maker” shall mean a commercial ice
maker that meets or exceeds Energy Star standards for Air-Cooled Ice Cube Machines
15. WATER EFFICIENT PRE-RINSE
SPRAY VALVE – “Water Efficient Pre-Rinse Spray Valve” shall mean a
handheld device that uses a spray of water to remove food waste from dishes
prior to cleaning in a commercial Dishwasher and that has a cleaning time of 26 seconds or less at 1.6 gallons
per minute (at 60 psi). Pre-rinse spray valves
consist of a spray nozzle, a squeeze lever that controls the water flow, and a
dish guard bumper. Models may include a spray handle clip, allowing the user to
lock the lever in the full spray position for continual use. Pre-Rinse Spray Valves are usually placed at
the entrance to a commercial Dishwasher and can also be located over a sink, in
conjunction with a faucet fixture.
16. WATER FACTOR – “Water Factor”
shall mean a rating of water efficiency established by the
17. WEATHER BASED IRRIGATION
CONTROLLER – “Weather Based Irrigation Controller” shall mean an
Irrigation System controller that evaluates local weather conditions and
Evapo-Transpiration (ET) rates to create a site-specific irrigation schedule.
Section Four: Deletion of Rule 140, Purpose
District Rule 140,
Purpose, shall be deleted in its entirety:
RULE
140 - PURPOSE
It
is the purpose and intent of this regulation to reduce use of Potable water
within the Monterey Peninsula Water Management District boundaries.
Section Five: Amendment of Rule 142, Plumbing
Fixtures for New Construction
District Rule
142, Plumbing Fixtures for New Construction, shall be amended as follows, where
the portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE 142 PLUMBING
FIXTURES FOR NEW CONSTRUCTION WATER CONSERVATION STANDARDS
A. Water Conservation Standards. All new construction, as defined herein, shall be
exclusively equipped with low water‑use plumbing fixtures. as defined by
this ordinance and shall further use washbasin faucet aerators with a maximum
flow rate of 2.5 gallons per minute wherever feasible. These fixtures All New Construction of New
Structures shall
be installed and maintained plumbing fixtures and
conservation standards as set forth in this Rule. No plumbing fixture or standard,
and shall not be replaced with fixtures which allow greater water
use.
B. Effective Date. Water Permits issued after January 1, 2010
shall be subject to the requirements of Rule 142, as revised. Water Permits issued prior to January 1, 2010,
and applications for a Water Permit that can demonstrate proof of submittal of
the project application to the Planning Department or Building Department of
the Jurisdiction by December 31, 2009, shall be subject to requirements of
former Rule 142 summarized below:
1. Former Rule 142 required 1.6 gallons-per-flush maximum
toilets throughout the structure in all New Construction, Remodels and in Additions
that added a Bathroom or added 25 percent or more of the existing
square-footage.
2. Former Rule 142 required all New Construction, Remodels and Additions
to install maximum 2.5 gallons-per-minute Showerheads and 2.2
gallons-per-minute faucet aerators. New
Construction of New Structures also required installation of Instant-Access Hot
Water Systems and installation of Drip Irrigation where appropriate.
C. Residential Water Efficiency
Standards for New Structures.
All Residential New
Structures receiving a Water Permit on or after January 1, 2010, shall meet or
exceed the following standards:
1. High Efficiency Toilets
shall be installed;
2. Urinals, when installed in a
Residential use, shall be Pint Urinals or Zero Water Consumption Urinals and
shall be clearly specified on the final Construction Drawings;
3. Showerheads, Rain Bars, or
Body Spray Nozzles shall be installed that were designed to emit a maximum of
2.0 gallons per minute of water;
4. All shower fixtures shall be
equipped with scald protection valves rated for 2.0 gallons per minute showerheads;
5. Installation of multiple
Showerheads in one stall shall require timers for each Showerhead, Rain Bar, or
Body Spray Nozzle. No timer shall
operate with greater than a three (3) minute operating increment;
6. Lavatory Sink faucets shall
emit a maximum of 1.5 gallons of water per minute at 60 psi;
7. High Efficiency Washing
Machines shall be installed and maintained on the Site when a Washing Machine
is permitted by a Water Permit;
8. High Efficiency Dishwashers
shall be installed and maintained on the Site when a Dishwasher is permitted by
a Water Permit;
9. Instant-Access Hot Water
Systems shall be installed;
10. All hot water pipes shall be
insulated;
11. Sodium chloride (salt) water
softeners shall be discouraged in New Construction. Alternate technologies such as potassium
chloride shall be recommended. When a
sodium chloride water softener is to be installed within the MPWMD, the unit
shall use demand-initiated
regeneration which senses when the resin must be recharged, either electronically
or with a meter that measures and calculates usage. This requirement shall be specified on the
Construction Drawings;
12. All New Construction shall
install and maintain Landscaping that complies with the State Model Landscape
Ordinance as revised or with local or District landscape requirements if more
restrictive;
13. Irrigation System
a. Weather-Based Irrigation
System Controllers (e.g. Smart Controllers) shall be installed, used and
maintained on Sites with where there is an Irrigation System serving an area
greater than 2,000 square-feet;
b. Rain Sensors shall be
installed on all Irrigation Systems that operate with an irrigation controller,
with the exception of Weather-Based Irrigation System Controllers;
c. Soil Moisture Sensors shall
be encouraged for Irrigation Systems that have an automatic Irrigation System
controller;
d. Drip Irrigation shall be
utilized for watering all non-turf irrigated plantings;
e. Rotating Sprinkler Nozzles shall be
utilized for turf irrigation;
f.
Overhead spray irrigation shall not be used
to water non-turf Landscaping, including trees and shrubs;
g. Rainwater
collection/irrigation systems are encouraged to supplement irrigation for new
Landscaping. New Structures shall be encouraged to include one or more
rainwater cisterns and a system to provide at least 75 percent of exterior
irrigation during normal rainfall years.
Systems must be compliant with local catchment system standards.
h. Graywater collection/irrigation
systems are encouraged to supplement irrigation for new Landscaping. Systems
must be compliant with local catchment system standards, including Monterey
County Department of Environmental Health.
i.
All Sites utilizing a Graywater reuse system shall
install and maintain a backflow prevention device as required by any Water
Distribution System Operator that supplies water to the Site.
D. Non-Residential Water Efficiency
Standards for New Structures
All Non-Residential New
Structures receiving a Water Permit on or after January 1, 2010, shall meet or
exceed the following standards:
1. High Efficiency Toilets
shall be installed;
2. Urinals shall be Pint
Urinals or Zero Water Consumption Urinals and shall be clearly specified on the
final Construction Drawings. Zero Water
Consumption Urinals shall be encouraged in settings where there is a regular
maintenance staff;
3. Showerheads, Rain Bars, or
Body Spray Nozzles shall be installed that were designed to emit a maximum of
2.0 gallons per minute of water;
4. All shower fixtures shall be
equipped with scald protection valves rated for 2.0 gallons per minute showerheads;
5. Installation of multiple
Showerheads in one stall shall require timers for each Showerhead, Rain Bar, or
Body Spray Nozzle. No timer shall
operate with greater than a three (3) minute operating increment;
6. Public
Lavatory faucets shall emit a maximum of 0.5 gallon of water per minute at 60
psi;
7.
Public Lavatory Sinks equipped with
automatic shut off devices or sensor faucets shall operate with a maximum flow
of 0.25 gallons per cycle;
8. High
Efficiency Washing Machines shall be installed when a clothes washer is
installed in a New Structure permitted under this Regulation;
9. High Efficiency Dishwashers or
High Efficiency Commercial Dishwashers shall be installed and maintained on the
Site when a Dishwasher is installed in a structure permitted by a Water Permit;
10. Instant-Access Hot Water
System(s) shall be installed for hot water access points to ensure that hot
water is available within ten (10) seconds;
11. All hot water pipes shall be
insulated;
12. Sodium chloride (salt) water
softeners shall be discouraged in New Construction. Alternate technologies, such as potassium
chloride shall be recommended. When a
sodium chloride water softener is to be installed within the MPWMD, the unit
shall use demand-initiated
regeneration which senses when the resin must be recharged, either
electronically or with a meter that measures and calculates usage. This requirement shall be specified on the
Construction Drawings;
13. Water Efficient Pre-Rinse
Spray Valves shall be utilized when a pre-rinse spray valve is installed;
14. There shall be no single-pass
water use systems in ice machines, hydraulic equipment, refrigeration
condensers, x-ray
processing equipment, air compressors, vacuum pumps, etc. Air-cooled or better technology shall be installed
when available;
15. Water
cooled refrigeration equipment shall be prohibited when there is alternative
cooling technology available at the time the Water Permit is issued;
16. Cooling
Towers shall be equipped with conductivity controllers that are used to increase
the number of cycles that can be achieved;
17. Boilerless
steamers or connectionless steamers shall be installed in place of boiler-based
steamers when a steamer is installed in New Construction;
18. All New Construction shall
install and maintain Landscaping that complies with the State Model Landscape
Ordinance as revised or with local or District landscape requirements if more
restrictive;
19. Irrigation System
a.
Weather-Based Irrigation System Controllers (e.g.
Smart Controllers) shall be installed, used and maintained on Sites with where
there is an Irrigation System;
b.
Drip Irrigation shall be utilized for watering all
non-turf irrigated plantings;
c.
Rotating Sprinkler
Nozzles shall be utilized for turf irrigation;
d.
Overhead spray irrigation shall not be used
to water non-turf Landscaping, including trees and shrubs;
e.
Rainwater collection and cistern systems are
encouraged as supplemental irrigation for Landscaping installed pursuant to New
Construction. New Structures shall be encouraged to include one or more rainwater
cisterns and a system to provide at least 75 percent of exterior irrigation
during normal rainfall years. Systems
must be compliant with local catchment system standards.
f.
Greywater collection/irrigation systems are encouraged
to supplement irrigation for new Landscaping. Systems must be compliant with
local catchment system standards, including Monterey County Department of
Environmental Health.
g.
All Sites utilizing a Graywater reuse system shall
install and maintain a backflow prevention device as required by any Water
Distribution System Operator that supplies water to the Site.
20. The implementation of water
conservation Best Management Practices shall be integrated into construction
and operation of the project to the extent possible.
E. Residential and
Non-Residential Change of Ownership, Change of Use, and Expansion of Use Water
Efficiency Standards
Sites that have a Change of
Ownership, Change of Use or Expansion of Use on or after January 1, 2010, shall
meet or exceed the following standards:
1. High Efficiency Toilets
shall replace all Ultra Low Flush Toilets that were installed more than ten
(10) years from the date of Change of Ownership or Change of Use or Expansion
of Use;
2. Pint Urinals shall replace
existing higher flow urinals with the exception of fixtures that require behind
the wall replumbing to meet this requirement.
Exempted urinals shall retrofit with flush valve kits to reduce the
flush volume to 0.5 gallons per flush, if possible. Zero Water Consumption Urinals shall be encouraged
in settings where there is a regular maintenance staff;
3. Showerhead flow rates shall
meet or exceed New Construction standards;
4. Bathroom faucet flow rates
shall meet or exceed New Construction standards;
5. Kitchen faucet flow rates
shall meet or exceed New Construction standards;
6. Remodels or relocations of
water fixtures or appliances that involve hot water shall require installation
of an Instant-Access Hot Water System and insulation of all new hot water pipes;
7. Pre-rinse spray valves shall
be meet or exceed the District’s definition for Water Efficient Pre-Rinse Spray
Valves;
8. Changes of Use and Expansions
of Use that require a Water Permit shall not utilize or install any single-pass
water use systems in ice machines, hydraulic equipment, refrigeration
condensers, x-ray
processing equipment, air compressors, vacuum pumps, etc. Air-cooled or better technology shall be
installed when available;
9. Changes of Use and Expansions
of Use that require a Water Permit shall not utilize or install any Water
cooled refrigeration equipment when there is alternative cooling technology
available at the time the Water Permit is issued;
10.
Automatic irrigation systems, with the exception of
Weather-Based Irrigation Systems, shall be retrofit to include a Rain Sensor;
11.
The implementation of Non-Residential Best Management
Practices shall be integrated into construction and operation of
Non-Residential uses to the extent possible.
Section Six: Amendment of Rule 143, Retrofit of Existing Non-Residential Uses
District Rule
143, Retrofit of Existing Commercial Uses, shall be amended as follows, where
the portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE
143 - RETROFIT OF EXISTING COMMERCIAL USES
A. All Non-Residential Water Users within the
District, including existing hotels, motels, other Commercial, and
Industrial Uses, on or before March 1, 1988, shall retrofit all shower
and Washbasin faucet plumbing fixtures which are installed, but which do not
meet Low Water Use Plumbing Fixture standards, with shall maintain
Showerheads with a maximum flow capacity of 2.50
gallons per minute (gpm), and Washbasin faucets with aerators which
limit the flow rate to a maximum of 2.52 gpm gallons per minute,
unless subject to Rule 142 or more restrictive requirements by another agency
or Jurisdiction. Further, all
toilets which exceed 3.4 gallons per flush shall be installed with toilet
water-use reduction devices capable of reducing flow by at least 1.0 gallon per
flush.
B. All
existing Visitor-Serving Facilities shall, before December 31, 2000, be
retrofitted exclusively with Ultra-Low Flush Toilets, except as provided by
Rule 146 (Discretionary Exemptions).
C.
Replacement of
Ultra-Low Consumption Toilets after January 1, 2010 shall be with High
Efficiency Toilets.
D.
All Visitor-Serving
Facilities shall, by December 31, 2012, be retrofitted exclusively with High
Efficiency Urinals, High Efficiency Washing Machines, and Water Efficient Ice Makers. There shall be an exception to this rule when
the Washing Machine or ice maker meets Energy Star specifications and was
purchased and installed between January 1, 2007 and January 1, 2010: These appliances must comply with this
provision by January 1, 2020.
E.
All Non-Residential structures
constructed before January 1, 2010 shall be retrofitted exclusively with High
Efficiency Toilets by December 31, 2012, except as provided by Rule 146
(Discretionary Exemptions) .
1. All
Visitor-Serving Facilities that retrofit to 1.6 gallons-per-flush
toilets pursuant to Rule 143-A-1 shall be exempt from this requirement.
2. All
Non-Residential uses with Ultra Low Flush Toilets installed prior to January 1,
2010, shall be exempt from this requirement.
3. Replacement
of Ultra-Low Consumption Toilets after January 1, 2010 shall be with High
Efficiency Toilets.
F.
All Non-Residential
laundries shall operate exclusively with Ultra-Low Consumption Washing Machines
rated with a Water Factor of 5.0 or below by December 31, 2012. There shall be
an exception to this rule when the existing appliance was purchased between January
1, 2006 and January 1, 2010 and rates a Water Factor of 5.1-6.0: These appliances must comply with this
provision by January 1, 2020.
G.
Non-Residential Car Washes.
By December 31, 2012, all Non-Residential car wash facilities shall recycle and
reuse a minimum of 50 percent of the water used in the wash and rinse cycles.
H.
Mobile Water Distribution Systems shall use
water meters at the Source of Supply. Records
of the location and quantity of water delivered shall be provided by the Owner
or Operator to MPWMD upon request of the General Manager.
I.
All Pre-Rinse Spray
Valves shall meet or exceed the Rule 11 definition of Water Efficient Pre-Rinse
Spray Valve by July 1, 2010.
J.
Any
person who purchases and installs an automatic Irrigation System that is not a
Weather-Based Irrigation System shall be encouraged to install and maintain a
Rain Sensor on the system.
Section Seven: Amendment of Rule 144, Retrofit Upon
Change of Ownership or Use
District Rule
144, Retrofit Upon Change of Ownership or Use, shall be amended as follows,
where the portion set forth in strikeout type (strikeout) is deleted and
the portion set forth
in italicized and bold face type (bold face) is added:
RULE 144 RETROFIT
UPON CHANGE OF OWNERSHIP OR USE
A.
MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE
All plumbing fixtures in
Existing Structures, including Residential uses including mobile homes, fractional
ownership, and timeshares, commercial, industrial, and public
authority and all Non-Residential structures, shall, at the time of Change
of Ownership or Change of Use, be retrofitted, if not already so,
exclusively with low water use plumbing fixtures and comply
with as define by Rule 142 and Rule 143 this
ordinance. These fixtures shall be
installed and maintained, and shall not be replaced with fixtures which allow
greater water use.
B.
MANDATORY RETROFIT UPON EXPANSION OF USE
All residential, commercial,
public authority, and industrial reconstruction, remodels or additions that add The addition of any bathroom
water fixture(s) and/or increase in floor area of existing
structures by twenty‑five percent (25%) or greater of the existing floor
area shall meet "New Construction" low water‑use
plumbing fixtures the low water use plumbing fixtures and
standards described in as listed defined by Rule
142 and Rule 143 this ordinance for the entire facility,
including retrofitting of plumbing fixtures within existing structures.
C.
NON-DISCRETIONARY RETROFIT EXEMPTION
Existing structures subject
to MPWMD toilet retrofit requirements between January 1, 2000 and January 1, 2010,
and where an Ultra-Low Flush Toilet was installed pursuant to that requirement
shall be exempt from the High Efficiency Toilet retrofit standard for a period
of ten (10) years from the date of installation. After ten (10) years, the toilets shall be
replaced according to requirements of Rule 142 and Rule 143.
D.
PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP OR
CHANGE OF USE
Before the transfer of
title for any Change of Ownership or Change of Use, defined by this
ordinance, of real property within the District, the selling owner(s) or
his authorized agent shall, in the form and manner specified by the District
General Manager, certify compliance with the retrofit requirements of
this rule ordinance by one of the following methods:
1.
Certify that the plumbing permit obtained in relation to
plumbing fixture installation shows compliance with this ordinance. This certification shall be forwarded to the
District; or
1.
Provide the District with Certify that an
a District-certified inspection report or other appropriate
report (the General Manager shall maintain a list of individuals qualified to
provide this report) which that provides all Site information
required by the District and that verifies installation of low water‑use
plumbing fixtures throughout the structure, as
required by this Regulation XIV and Regulation XV ordinance. This certification shall be forwarded to
the District; or
2.
Provide certify documentation to the District that
the building inspection by from the city or county building
official that indicates provides all Site information
required by the District and that certifies installation of low water‑use
fixtures throughout the structure, as required by this Regulation
XIV and Regulation XV ordinance.
This certification shall be forwarded to the District; or
3.
Provide owner certification Certify that plumbing
fixtures throughout the structure have been retrofitted in compliance with this
Regulation ordinance. The
buyer or seller shall forward a A copy of this certification,
together with a dated copy of the purchase receipt for each low water‑use
fixture, and a dated copy of the labor contract, or
a statement
of self‑installation, which evidences complete installation, shall
be forwarded to the District by the buyer or seller. The District may verify owner
certification by an onsite inspection; or
4.
The General Manager may conditionally waive
extend
the proof of retrofit before close of escrow requirement
of this section where the seller, and buyer, or
tenant certifiesy that the structure will
begin to be Remodeled or modified within one hundred and twenty (120) days of
the Change of Ownership or Change of Use close of escrow,
that the structure will comply with Regulation XIV be
exclusively retrofitted with low water‑use plumbing
fixtures upon completion of construction, and the new owner shall District
shall be both contacted and allowed inspection of the property by
District staff or its authorized agent within 180 days (i.e. six months). Incremental extensions of 90 days may be
allowed until completion of the Remodel.
It shall be a violation of this Regulation ordinance
for any buyer or seller to instruct an escrow agent to close escrow for any
sale of property in the District which that does not
comply with Subdivision D of this rule.
This Subdivision D shall not
impose any affirmative or discretionary duty upon an escrow agent, acting in
the capacity of escrow officer. Nothing
in this rule ordinance shall be construed, either
expressly or by implication, to provide for a criminal proceeding or create a
civil liability against a title insurance company, as defined in Insurance Code
Section 12340.10, or an underwritten title company, as defined in Insurance
Code Section 12402, or their officers, directors, or employees, by reason of an
alleged violation of this rule ordinance by a party or
parties to an escrow at such a corporation.
E.
PROOF OF RETROFIT UPON CHANGE OF USE
Prior
to the Change of Use of any Residential, commercial, industrial, or Public
Authority buildings, the owner of record or his agent shall certify in writing
to the Monterey Peninsula Water Management District that prior to such Change
of Use of the structure, the owner has complied with this regulation, including
all plumbing fixture retrofitting requirements. Change of Use of such buildings
made prior to submission of such written certification to the General Manager
shall constitute a violation of this regulation.
Section Eight: Amendment of Rule 145, Recordation of
Notice
District Rule
145, Recordation of Notice, shall be deleted from Regulation XIV and relocated
as Rule 116, Recordation of Notice, and shall be amended as follows, where the
portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in
italicized and bold face type (bold face) is added:
RULE
145 116 - RECORDATION OF
NOTICE
Whenever the
General Manager determines that a violation of any District Rule or
Regulation has occurred on a Site and has not been corrected within thirty (30)
days of notification of such violation, Low Water Use Plumbing
Fixtures have not been installed at the time of Change of Ownership or Use or
when installed pursuant to the mandatory provisions of this regulation have
been removed since initial installation, the General Manager may record a Nnotice
of
Non-Compliance on the title of the property of
violation with the office of the Ccounty
Rrecorder
and
may initiate enforcement action as authorized in Regulation XI. The
owner(s) of the Parcel(s) property, as revealed by the assessment roll, on
which the violation is situated, and any other person known
to be responsible for the violation, shall be notified of the
recordation, if
their address is known. The owner of record shall have ninety (90) days
to take corrective action. Failure to take corrective action within ninety (90)
days shall constitute a violation of MPWMD Rules and Regulations. The General Manager shall cause a Nnotice
of correction Compliance to be recorded at such
time as the property owner has established full compliance with the provisions
of this these Rules and Rregulations.
Section Nine: Amendment of Rule 146, Discretionary
Exemptions
District Rule
146, Discretionary Exemptions, shall be amended as follows, where the portion
set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and
bold face type (bold face) is added:
RULE
146 - DISCRETIONARY EXEMPTIONS
The General
Manager may, in his discretion, exempt facilities from the provisions of this
regulation, or impose reasonable conditions in lieu of compliance therewith, if
he determines that any of the following sections apply:
A.
HARDSHIP
The
General Manager may grant an exemption for hardship where the requirements of
this regulation would cause an unnecessary and undue substantial hardship upon
the owner, or purchaser of the facility, or the public. Substantial hardship shall
be determined on a case by case basis and may include, but is not
limited to:
1. Plumbing
in an existing facility which does not match connections with Low Water Use
Plumbing Fixtures and would, therefore, requires partial or complete replumbing of the
structures.
For example, different rough-in dimensions for which no compatible complying fixture
is available.
2. Unavailability
of Low Water Use Plumbing Fixtures to match a well-defined historic
architectural style (i.e., Victorian, Mission Revival) in a locally, state or
federally recognized building of historic significance, fitted exclusively
with authentic plumbing fixtures from that period. Any project
exempted pursuant to Sub-part A-1 of this part shall be required to have
installed toilets using a maximum of 3.5 gallons per flush and 2.5 gallon per
minute Showerheads, if not already so provided.
B.
EMERGENCY
The
General Manager may grant an exemption from these Rules for emergency
purposes when the requirements of this regulation would create a condition
affecting the health, sanitation, fire protection or safety of the facility
owner or the public. Emergency conditions include, but are not limited to, sewer
line grades that are insufficient to accommodate reduced flows caused by
conversion of high flow toilets with Ultra Low Flush Toilets or High Efficiency
Toilets water closet(s) to 1.5 gallon flush as determined
attested
to by the city, county, or sanitary district engineer. All requests for exemptions from this
Regulation shall be in writing.
C.
IN LIEU COMPLIANCE
The
General Manager may grant an exemption by imposing reasonable conditions in
lieu of compliance with the requirements of this regulation, where the condition
would not allow the quantity of water consumed by the facility to exceed the
total water demand achieved if the achieve water savings similar to the
efficiency Low Water Use Plumbing Fixture standards set by this
regulation had been used, and where an exemption or condition would
not otherwise adversely affect service to any existing water consumer.
D.
RETROFIT EXEMPTIONS
When tThe General
Manager shall has deferred the retrofit
requirement of this regulation for any plumbing fixture for which present
technology is or was not available to cause the required flow reduction,
such as in flushometer-style or blow out toilet fixtures, or
where retrofitting is not otherwise feasible,. When feasible, retrofit shall be
required at the time technology becomes available.
Section Ten: Deletion of Rule 147, Appeals
District Rule
147, Appeals, shall be deleted in its entirety.
The appeal process is detailed in Regulation VII.
RULE
147 - APPEALS
A. CONTENT
OF APPEAL
An
appeal may be made to the Board of Directors by any public agency or Person
aggrieved by a decision of the General Manager pursuant to this regulation. All
appeals shall be pursuant to Regulation VII of the District’s Rules and
Regulations. The appellant must state in the appeal:
1.
The identity of the appellant and his interest in the decision;
2.
General Manager’s decision, or the conditions which are being appealed;
3.
A clear, complete, but brief statement of the reasons why the appellant feels
the decision or the conditions imposed were unjustified or inappropriate (this
should include reasons the appellant disagrees with the findings of the General
Manager and specific facts in sufficient detail to notify interested persons of
the nature of the appeal). The Board will not accept an appeal stated in
generalities.
B. ACCEPTANCE
OF APPEAL
An
optional form for giving notice of appeal shall be provided by the General
Manager. The form need not be used if
the notice of appeal is complete. An appeal shall not be accepted by the Board
of Directors unless it is complete and complies with all requirements. The
General Manager shall not accept a notice of appeal if it is obvious on the
face of the notice that it is incomplete. If the General Manager rejects a
notice of appeal, he shall inform the appellant of the nature of the
deficiency, and shall identify the information necessary to complete the
appeal.
Section Eleven: Deletion and Relocation of Rule 148,
Penalties
District Rule
148, Penalties, shall be deleted from Regulation XIV and added as Rule
115, and shall be amended as follows,
where the portion set forth in strikeout type (strikeout) is deleted and
the portion set forth
in italicized and bold face type (bold face) is added:
RULE
110 148 – PENALTIES GENERAL ENFORCEMENT
E.
Any Person, firm, or corporation,
whether as principal, agent, employee, or otherwise, violating or causing or
permitting the violation of any of the provisions of this these
Rules and Rregulations; or, any contractor who installs
or removes plumbing fixtures contrary to the provisions of this these
Rules and Rregulations with the intent to defeat the
purposes of this these regulations, shall be guilty of a
misdemeanor punishable as an infraction as provided by Section 256 of the
Monterey Peninsula Water Management District Law, Statutes of 1981, Chapter
986. Violations carry a maximum penalty of $250 for each offense. Each separate
day or portion thereof during which any violation occurs or continues without a
good-faith effort by the Responsible Party to correct the violation, shall be
deemed to constitute a separate offense, and upon conviction thereof, shall be
separately punishable.
Section Twelve: Deletion of Rule 149, Enforcement
District Rule 149, Enforcement, shall be
deleted from Regulation XIV. Enforcement
is detailed in Regulation XI.
RULE
149 – ENFORCEMENT
The
General Manager shall be the officer primarily charged with enforcement of this
regulation. All public employees of the
Monterey Peninsula Water Management District who are vested with the duty or
authority to issue Permits or licenses, shall conform to the provisions of this
regulation, and shall issue no such Permits or licenses in conflict with the
provisions of this regulation, and any such Permits, licenses, or uses, if
issued in conflict with the provisions of this regulation, shall be null and
void.
Section Thirteen: Deletion of Rule 150, Civil Nuisance
District Rule 150, Civil Nuisance, shall
be renumbered as Rule 110-E.
RULE
150 – E.
CIVIL NUISANCE
A1 Any building or
structure set up, erected, constructed, altered, enlarged, converted, moved,
maintained, sold, or the use of which is changed, contrary to the provisions of
this regulation, and/or any use of any land, building, or premises,
established, conducted, operated, or maintained contrary to the provisions of
this regulation, shall be, and the same is hereby declared to be a violation of
this regulation and a public nuisance.
B2. The District may summarily abate the public
nuisance, and the Board of Directors or District Attorney may cause or maintain
a civil suit or other action, to enjoin or abate the nuisance.
C3. Each day any violation of this regulation
continues shall be regarded as a new and separate offense. The remedies
provided in this regulation shall be cumulative and not exclusive.\
D4. Should any Person, firm, or corporation
violate the terms of this regulation, and any action is authorized either by
the Board of Directors, or District Attorney, or is in fact commenced, no other
action shall be taken on any application filed by or on behalf of said Person,
firm, or corporation until the action has been concluded or resolved.
Section Fourteen: Deletion of Rule 151 Cost of Enforcement
District Rule 151 Cost of Enforcement,
shall be deleted from Regulation XIV.
Enforcement is detailed in Regulation XI.
RULE 151 - COST OF ENFORCEMENT
A. Any Person, firm, or
corporation who creates or maintains a public nuisance in violation of this
regulation or upon whose property a notice of violation has been recorded,
shall, if not corrected within thirty (30) days, be liable for the costs of
abatement and costs of correction which shall include, but not be limited to:
1. Cost of investigation;
2. Court costs;
3. Attorney fees;
4. Costs of monitoring
compliance.
B. Upon a continuation of the
public nuisance after notice from the District to cease the nuisance, any
Person, firm, or corporation shall be liable for the costs of abatement set
forth above, plus a civil penalty of fifty percent (50%) of these costs payable
to the District in addition to any other costs of enforcement imposed by the
court.
Section Fifteen: Deletion of Rule 152, Remedies Cumulative
District Rule 152, Remedies Cumulative,
shall be deleted from Regulation XIV.
Enforcement is detailed in Regulation XI.
RULE 152 -
REMEDIES CUMULATIVE
The remedies available
to the District to enforce this regulation are in addition to any other
remedies available under the District’s Rules and Regulations, or any other
state statutes, and do not replace or supplant any other remedy but are
cumulative thereto.
Section Sixteen: Deletion of Rule 153, Severability
District Rule 153, Severability, shall be
deleted from Regulation XIV.
RULE
153 - SEVERABILITY
If
any subdivision, paragraph, sentence, clause, or phrase of this regulation is,
for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity
or enforcement of the remaining portions of this regulation, 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 any one or more
subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
Section Seventeen: Amendment of Rule 154, Conservation
Message Requirements
District Rule
154, Conservation Message Requirements, shall be amended as follows, where the
portion set forth in strikeout type (strikeout) is deleted and the
portion set forth in italicized
and bold face type (bold face) is added:
RULE
154 – CONSERVATION MESSAGE
REQUIREMENTS
A.
On or before October
1, 1997, Aall Visitor-Serving and
Public and Quasi-Public Facilities shall display in visible locations in all
restrooms, kitchens, and dining areas, placards or decals approved by the
District promoting public awareness of the need for water conservation and/or
advising the public that waste of water is prohibited.
B.
The owner and/or
manager of each rental property shall provide a pamphlet, brochure, or other
literature to current and future tenants that list the water conservation
requirements, including the Water Waste and Non-Essential Water Use regulations
of the District.
C.
Visitor-Serving Facilities
shall promote towel and linen reuse programs by providing written notice in the
rooms, whereby towels and linens are changed every three days or as requested
by action of the guest.
D.
Visitor-Serving Facilities
shall provide written notice that drinking water is available only upon request. Notification of this requirement shall be
provided on the table(s) or menu(s) of each facility. Visitor-Serving Facilities shall not provide
drinking water from the
E.
Facilities utilizing alternative sources of
irrigation water (i.e. purified recycled water, Subpotable/nonpotable Water,
rainwater and Graywater, etc.) shall be encouraged to provide notice of the
alternative supply, either by erecting a sign in compliance with local codes or
by identifying the alternative supply in other venues such as in newsletters,
websites, etc.
Section Eighteen: 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.
This ordinance shall take effect at 12:01 a.m. on January 1, 2009.
This Ordinance shall not have a sunset date.
Section Twenty: 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
________________, and second by _________________, the foregoing ordinance is
adopted upon this ____ day of ________ 2009, by the following vote:
AYES:
NAYS:
ABSENT:
I,
Witness my hand and seal of
the Board of Directors this ________ day of ____________ 2009.
Darby W. Fuerst, Secretary to the Board
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