EXHIBIT
12-A
Draft First Reading
ORDINANCE NO. 151
An Ordinance of the Board of Directors
of the
Monterey Peninsula Water Management District
Amending Definitions, The Residential Fixture
Unit Count, High Efficiency Appliance Credits, the Variance Process, Water
Efficiency Standards, and the Landscape Water Audits Rule
FINDINGS
1.
The Monterey
Peninsula Water Management District was created to address ground and surface
water resources in the Monterey Peninsula area,
which the Legislature found required integrated management, and was endowed
with the powers set forth in the Monterey Peninsula Water Management District
Law (Chapter 527 of the Statutes of 1977, found at West’s Water Code, Appendix,
Section 118-1, et seq.).
2. The Monterey Peninsula Water Management District has adopted and regularly implements water conservation and efficiency measures which, inter alia, sets standards for the installation of plumbing fixtures in New Construction, and requires retrofit or replacement of existing plumbing fixtures upon Change of Ownership, Change of Use, and Expansion of Use, and for existing Non-Residential uses. The Monterey Peninsula 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. The Monterey Peninsula Water Management District has found and determined that it is in the best interests of the Monterey Peninsula Water Management District and its inhabitants to define, implement and enforce water efficient plumbing standards and requirements for the conservation of Potable water supplies. Retrofit or replacement of existing plumbing fixtures shall lessen consumption of the limited water resources available on the Monterey Peninsula. Installation of water efficient plumbing fixtures reduces the burden of new, expanded or modified uses on the water resources.
4.
The Monterey Peninsula Water Management District
has determined that the water conservation and efficiency standards and
requirements benefit the public good by increasing the supply of Potable water
available for use and by reducing existing demand for Potable water. The reduction in demand will reduce
production impacts upon the environment.
5. The Monterey Peninsula Water Management District approved a Rebate Program when it adopted the Action Plan for Water Supply Alternatives in February 1996. The Action Plan addressed the need for water supply projects to meet the water supply needs of the Monterey Peninsula following voter rejection of District financing for the New Los Padres Water Supply Project in November 1995.
6. California State Water Resource Control Board (SWRCB) Order No. WR 95-10, issued in July 1995, ruled that California American Water did not have a legal right to take approximately 69 percent of the water supplied to California American Water users at that time. The SWRCB has set specific goals to reduce water diversions from the Carmel River Basin.
7. Under SWRCB Order No. WR 95-10, California American Water was ordered to reduce its historical diversion from the Carmel River Basin by 20 percent beginning with Water Year 1997 and in each subsequent year. Further cutbacks were ordered beginning in 2010.
8. California American Water v. City of Seaside, et al, Case No. M66343, resulted in a decision which determined the initial Operating Safe Yield for the Seaside Basin is 5,600 Acre-Feet (Coastal Subarea is 4,611 Acre-Feet and 989 Acre-Feet for the Laguna Seca Subarea). “Operating Safe Yield” is the maximum amount of Groundwater resulting from Natural Replenishment which can be produced from each Subarea for a finite period of years as these terms are defined in the decision. Water conservation is a component to achieving Operating Safe Yield and will require reductions in use in the future.
9. A Cease and Desist Order (CDO) against California American Water was issued in October 2009 by the SWRCB as Order No. WR 2009-0060. The CDO prescribes a series of significant cutbacks to California American Water’s pumping from the Carmel River from 2010 through December 2016. Cal-Am customers may be subject to water rationing, a moratorium on Water Permits for new construction and remodels, and fines if pumping limits are exceeded.
10. Retrofitting of properties located in the Monterey Peninsula Water Resource System benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.
11. Retrofitting of properties receiving water from the Seaside Groundwater Basin benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.
12. This ordinance adds definitions for Alternative Water Sources and Open Space to Rule 11.
13. This ordinance amends Rule 24, Table 1, Residential Fixture Unit Count, to delete the fixture unit value for Ultra-Low Flush Toilets.
14. This ordinance amends Rule 24, Table 1, Residential Fixture Unit Value, to add a fixture unit value for Ultra High Efficiency Toilets.
15. This ordinance deletes reference to one gallon per flush Urinals in Rule 24, Table 1, Residential Fixture Unit Value. This action is consistent with existing language and amendments to Rule 142, Non-Residential Water Efficiency Standards.
16. This ordinance amends Rule 24-B-1-c to correct an oversight during the adoption of Ordinance No. 144. The edit makes the calculation of outdoor water use for Non-Residential New Construction consistent with the Residential calculation.
17.
This ordinance amends Rule 25.5, Table 4, High
Efficiency Appliance Credits, to eliminate the credit for High Efficiency
Toilets and to add a credit for Ultra High Efficiency Toilets.
18.
This ordinance amends Rule 25.5, Table 4, High
Efficiency Appliance Credits, to clarify that Instant-Access Hot Water System credit
is available for each Dwelling Unit on a Multi-Family
Residential Site. The ordinance also
clarifies that when an Instant-Access Hot Water System is required on Single
Family Residential Site, Instant-Access Hot Water Systems shall be provided n every
auxiliary structure that has hot water plumbing.
19. This ordinance replaces the term “washing machine” in Rule 25.5, Table 4, High Efficiency Appliance Credits with “Clothes Washer,” consistent with terminology used throughout the rules.
20.
This ordinance amends Rule 90 to clarify that a
variance to Regulation II, Permits, must be requested no later than 90 days after
an appealable decision. This responds to
Board direction from August 15, 2011, regarding a request for variance from
District Rule 23, 17 years after a Water Permit was issued.
21.
This ordinance deletes obsolete language in the last
sentence of the first paragraph of Rule 90.
22.
This ordinance modifies the Monterey Peninsula Water
Management District’s toilet standard for Residential and Non-Residential New
Construction, Changes of Ownership, Changes of Use, and Expansions of Use is
changed from Ultra Low Flush (ULF) to High Efficiency Toilets (HET) or Ultra
High Efficiency Toilets (UHET). The
average water savings for HET is estimated by the California Urban Water
Conservation Council to be 38 gallons per day (gpd) when replacing a non-ULF
Toilet (i.e. 3.5 gallons per flush or higher) and 7 gpd when replacing an ULF.
23.
This ordinance amends Rule 142 to clarify Showerheads
must be designed and manufactured to meet the District’s flow
requirement of 2.0 gallons per minute.
This is to avoid situations where the Showerhead is modified to meet the
requirement but can then be increased to a higher flow rate.
24. This ordinance deletes a requirement for three minute timers when there are multiple Showerheads.
25.
This ordinance adds a requirement for High Efficiency
Clothes Washers and High Efficiency Dishwashers in Residential New Construction
of New Structures.
26. This ordinance specifies 2.2 gallons per minute as the flow rate for Residential Utility Sinks and Bar Sinks.
27. This ordinance encourages the use of Alternative Water Sources for Non-Residential toilet flushing and other uses allowed by a Jurisdiction.
28. This ordinance amends the flow rate for private Non-Residential Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) consistent with best management practices adopted by the U.S. EPA’s WaterSense program, of which MPWMD is a promotional partner.
29.
This ordinance amends the Monterey Peninsula Water
Management District’s Urinal requirement for Residential and Non-Residential
New Construction, Changes of Ownership, Changes of Use, Expansions of Use and
Existing Non-Residential Uses to require High Efficiency Urinals (or ones that
use less water).
30.
This ordinance amends Rule 143-A, Water Efficiency
Standards for Existing Non-Residential Uses, to make Showerhead and faucet flow
rates consistent with New Construction, Change of Ownership, Change of Use, and
Expansion of Use requirements.
31.
This ordinance specifies that replacement of existing toilets
and Urinals installed in the MPWMD must be with HET or more efficient models. The State requires that HET toilets and
Urinals exclusively be offered for sale or installed in California as of
January 1, 2014. However, by 2013, 85
percent of toilets and Urinals for sale in California must be HET. MPWMD has circumstances that warrant
implementation of these requirements ahead of the State’s schedule.
32.
This ordinance extends the implementation date for retrofit
requirements for Existing Non-Residential Uses scheduled from December 31,
2012, to July 1, 2013. This extension of
time is due to a delay in approval of the Rebate Program funding by the
California Public Utilities Commission (CPUC).
33. This ordinance deletes an obsolete date from Rule 161.
34. This ordinance adds irrigated public open space to the list of California American Water customers that are required to have a Landscape Water Audit and Landscape Water Budget and to comply with those budgets during Stages 2-4 of the Expanded Water Conservation and Standby Rationing Plan.
35. This ordinance makes two minor edits (i.e., California American Water’s billing increment and unnecessary language) to Rule 172-B.
36. This ordinance amends Rule 172 to clarify that Landscape Water Budgets required for new Dedicated Irrigation Meters are based on the Estimated Applied Water Use as determined by the project’s Landscape and Irrigation System plans.
37. This ordinance amends Rule 172-E, Landscape Irrigation Restrictions, to clarify the location of a property in the City of Carmel-by-the-Sea.
38. This ordinance was reviewed by the Water Demand Committee (March 31, 2012 and July 23, 2012), Policy Advisory Committee (April 3, 2012), Technical Advisory Committee (April 3, 2012), Public Utilities Commission Division of Ratepayer Advocates, and California American Water.
39. This ordinance is subject to the California Environmental Quality Act (CEQA). An Initial Study and Notice of Intent to Adopt a Negative Declaration was prepared, circulated and filed with the Monterey County Clerk on April 12, 2012. A Negative Declaration was adopted by the Board upon second reading prior to adoption.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2012 Water
Conservation Program Amendment Ordinance of the Monterey Peninsula Water
Management District.
Section Two: Statement of Purpose
The Monterey Peninsula Water Management District enacts this ordinance to implement High Efficiency Toilets as the District’s standard; establish a fixture unit value for Ultra High Efficiency Toilets; clarify credit for Instant-Access Hot Water Systems and variance application timing related to permits; amend the District’s water efficiency standards, extend implementation of mandatory Non-Residential retrofits; and clarify and amend Landscape Water Audit requirements and outdoor water days.
Section Three: Definitions
A. Unless the context specifically indicates otherwise, the following terms shall be given the definitions set forth below and shall be permanently added to Rule 11, Definitions, of the Rules and Regulations of the District.
ALTERNATIVE WATER SOURCES – “Alternative Water
Sources” shall mean sources of Sub-potable Water (e.g., Recycled Water, rainwater,
stormwater, Graywater, process water, condensate water, blow-down water,
groundwater, etc.).
OPEN SPACE – “Open Space” shall mean public land area
left in an un-built state as defined in the California Government Code, Section
65560. Open Space includes plazas, parks, and cemeteries.
Section
Four: Amendment
of Rule 24, Table 1: Residential Fixture Unit Count
Rule 24, Table 1,
Residential Fixture Unit Count, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
|
|
Water Fixture
Description |
Fixture Unit Value |
|
1 |
Washbasin (lavatory sink), each |
1 |
|
2 |
Two Washbasins in the Master Bathroom |
1 |
|
|
|
|
|
|
Toilet, High Efficiency (HET) (1.3 gallons
maximum) |
1.3 |
|
4 |
Toilet, Ultra High Efficiency (UHET) (0.8
gallon maximum) |
0.8 |
|
5 |
|
|
|
6 |
Urinal, High Efficiency (0.5
gallon-per-flush) |
0.5 |
|
7 |
Urinal, Zero Water Consumption |
0 |
|
8 |
Bathtub, (may be Large with Showerhead
above) & Separate Shower in the Master Bathroom |
3 |
|
9 |
Bathtub, Large (may have Showerhead above) |
3 |
|
10 |
Bathtub, Standard (may have Showerhead
above) |
2 |
|
11 |
Shower, Separate Stall (one Showerhead) |
2 |
|
12 |
Shower, each additional fixture (including
additional Showerheads, Body Spray Nozzles, etc.) |
2 |
|
13 |
Shower System, Rain Bars, or Custom Shower
(varies according to specifications) |
2 |
|
14 |
Kitchen Sink
(including optional adjacent Dishwasher) |
2 |
|
15 |
Kitchen Sink with adjacent High Efficiency
Dishwasher (5.8 gallons maximum per cycle) |
1.5 |
|
16 |
Dishwasher, each additional (including
optional adjacent sink) |
2 |
|
17 |
Dishwasher, High Efficiency, each additional
(including optional adjacent sink) [5.8 gallons maximum per cycle] |
1.5 |
|
18 |
Laundry
Sink/Utility Sink (debit/Connection Charge applies to only one
Laundry/Utility Sink per Residential Site) |
2 |
|
19 |
Clothes Washer |
2 |
|
20 |
Clothes Washer, High Efficiency (HEW) (Water
Factor of 5.0 or less) |
1 |
|
21 |
Bidet |
2 |
|
22 |
Bar Sink |
1 |
|
23 |
Entertainment Sink |
1 |
|
24 |
Vegetable Sink |
1 |
|
25 |
Swimming Pool (each 100 square-feet of pool
surface area) |
1 |
|
26 |
For all new Connections -- Refer to Rule
24-A-5, Exterior Residential Water Demand Calculations. |
|
Section
Five: Amendment of Rule 24-B-1-c
Rule 24-B-1-c,
shall be amended as shown in bold italics (bold italics) and
strikethrough (strikethrough).
For New Construction on Vacant Lots, the
General Manager shall add the quantity of water determined to be the exterior
water demand based on the MAWA ETWU to the total Estimated Annual
Water Use Capacity determined in 24-B-1-a2.
Section
Six: Amendment of Rule 25.5, Table 4: High Efficiency
Appliance Credits
Rule 25.5, Table
4, High Efficiency Appliance Credits, shall be amended as shown in bold italics
(bold italics) and strikethrough (strikethrough). Amendments to the description of
Instant-Access Hot Water System and High Efficiency Clothes Washer shall be
made upon the effective date of this ordinance.
Amendments to High Efficiency Toilets and Ultra High Efficiency Toilets
shall take effect January 1, 2013.
TABLE 4: HIGH EFFICIENCY APPLIANCE CREDITS
|
Appliance |
Description |
Water Use
Credit in
Acre-Feet |
|||
|
|
|
|
|||
|
Ultra High
Efficiency Toilet |
A
toilet designed and manufactured to flush with a maximum of 0.8 gallon
of water and that is labeled by the U.S. Environmental Protection Agency’s
WaterSense program. |
0.005 AFA |
|
||
|
Instant-Access Hot Water
System |
A
recirculating hot water system or other device(s) that results in hot
water contact at every point of access throughout the |
0.005 AFA |
|
||
|
High Efficiency Dishwasher |
A
dishwasher designed to use a maximum of 5.8 gallons per cycle. A High
Efficiency Dishwasher shall have Energy Star certification. |
0.005 AFA |
|
||
|
High Efficiency Clothes
Washer |
A |
0.010 AFA |
|
||
Section
Seven: Amendment of Rule
90, Variance
Rule 90,
Variance, shall be amended as shown in bold italics (bold italics)
and strikethrough (strikethrough).
A.
Variance requests from Regulation II,
Permits, shall be submitted no later than 90 days after an appealable decision.
B.
The Board may, after holding a public hearing,
in specific cases, grant a variance from any provision of the standards
incorporated into these Rules and Regulations whenever it finds: (a) that
Special Circumstances exist in a particular case, and (b) that practical
difficulties or Undue Hardship would result from the strict interpretation and
enforcement of any such standard, and (c) that the granting of such a variance
would not tend to defeat the purposes of these Rules and Regulations. The Board
may place conditions upon such variances. Each application for variance
concerning Regulation X, Rules 100-104, and concerning Rule 171 shall be
processed pursuant to the provisions of Rule 92.
C. Upon hearing the variance, the Board shall also have the discretion in unusual matters to reduce and rebate in full or in part the fee for appeal otherwise set by Rule 60.
Section
Eight: Amendment of Rule
142-B, Water Efficiency Standards
A.
Rule 141-B, Effective Date, shall be amended as shown
in bold italics (bold italics) and strikethrough (strikethrough).
Former Rule 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
all New Construction, Remodels and Additions to install maximum 2.5
gallons-per-minute Showerheads and 2.2 gallons-per-minute faucet aerators.
2.
New Construction of
New Structures also required installation of Instant-Access Hot Water Systems
and installation of Drip Irrigation where appropriate.
Water Permits
issued prior to October 17, 2012, shall be subject to the rules in effect on
the date of issuance and as stated on the Water Permit and on any associated
deed restriction(s).
B.
Rule 142-C-1, Residential Water Efficiency Standards
for New Structures, Rule 142-D-1, Non-Residential Water Efficiency Standards
for New Structures, and Rule 142-E-1, Residential and Non-Residential Change of
Ownership, Change of Use, and Expansion of Use Water Efficiency Standards shall
be amended as shown in bold italics (bold italics) and
strikethrough (strikethrough).
Ultra-Low Flush High
Efficiency or Ultra High Efficiency Toilets shall be installed;
C.
Rule 142-C-3, Residential Water Efficiency Standards
for New Structures, and Rule 142-D-3, Non-Residential Water Efficiency
Standards for New Structures, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Showerheads, Rain Bars, or Body Spray Nozzles shall be
installed that were designed and manufactured to emit a maximum
of 2.0 gallons per minute of water;
D.
Rule 142-C-5, Residential Water Efficiency Standards
for New Structures, and Rule 142-D-5, Non-Residential Water Efficiency
Standards for New Structures, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
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; High
Efficiency Clothes Washer(s) and High Efficiency Dishwasher(s) required when
installed in a Residential use;
E.
Rule 142-C-7, Residential Water Efficiency Standards
for New Structures shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Kitchen Sink, Utility Sink, and Bar Sink faucets shall emit a maximum of 2.2 gallons of water per minute at 60 psi;
F.
Rule 142-D, Non-Residential Water Efficiency Standards
for New Structures, shall be amended to add Rule 142-D-21 as shown in bold
italics (bold italics) and strikethrough (strikethrough).
21.
The use of Alternative Water Sources for indoor toilet flushing and
other uses allowed by the Jurisdiction shall be encouraged.
G.
Rule 142-D-6, Non-Residential Water Efficiency
Standards for New Structures shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Public
lavatory faucets shall emit a maximum of 0.5 gallon of water per minute at 60
psi. Private Lavatory
Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) shall emit a maximum of 1.5 gallons of water per minute
at 60 psi. All other sinks shall emit a maximum
of 2.2 gallons of water per minute at 60 psi unless higher flow is required by
Health and Safety Code;
H.
Rule 142-E-2, Residential and Non-Residential Change of
Ownership, Change of Use, and Expansion of Use Water Efficiency Standards,
shall be amended as shown in bold italics (bold italics) and
strikethrough (strikethrough).
Urinals shall be High Efficiency Urinals, Pint Urinals, or
Zero Water Consumption Urinals designed to use a maximum of one (1)
gallon per flush. Zero Water Consumption Urinals shall be encouraged in
settings where there is a regular maintenance staff;
Section
Nine: Amendment of
Rule 143, Water Efficiency Standards for Existing Non-Residential Uses
A.
Rule 143-A, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
All Non-Residential Water Users within the
District shall meet or exceed the following water efficiency standards before July 1,
2013: maintain Showerheads with a maximum flow capacity of
2.5 gallons per minute and Washbasin faucets with aerators which limit the flow
rate to a maximum of 2.5 gallons per minute, unless subject to more restrictive
requirements by another agency or Jurisdiction.
1.
Showerheads, Rain Bars, or Body Spray
Nozzles shall be designed and manufactured to emit a maximum of 2.0 gallons per
minute of water;
2.
Public Washbasins
shall emit a maximum of 0.5 gallon of water per minute;
3.
Public Washbasins
equipped with automatic shut off devices or sensor faucets shall operate with a
maximum flow of 0.25 gallons per cycle;
4.
Private
Washbasins (e.g., Washbasins in hotel or motel guest rooms and hospital patient rooms) shall emit a maximum of 1.5 gallons of water per minute;
5.
All other sinks
shall be restricted to flow at a maximum of 2.2 gallons per minute;
B.
Rule 143-C, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Rreplacement of toilets after January 1, 2014
shall be with High Efficiency or Ultra High Efficiency Toilets.
C.
Rule 143-D, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
All Visitor-Serving Facilities shall, by December
31, 2012 July 1, 2013, be retrofitted exclusively with High Efficiency
Urinals, High Efficiency Clothes Washers, and Water Efficient Ice Machines.
There shall be an exception to this Rule when the Clothes Washer meets Energy
Star specifications and was purchased and installed between January 1, 2007 and
January 1, 2010 October 1, 2012: These appliances must comply with this
provision by January 1, 2020.
D.
Rule 143-E, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold italics)
and strikethrough (strikethrough).
All Non-Residential structures shall be retrofitted
exclusively with High Efficiency Toilets and High Efficiency Urinals by December
31, 2012 July 1, 2013, 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-B shall be exempt from this
requirement until January 1, 2020.
2. All Non-Residential uses with Ultra Low Flush Toilets
installed prior to January 1, 2010, shall be exempt from this requirement until
January 1, 2020.
E.
Rule 143-F, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
All Clothes Washers installed in
Non-Residential Clothes Washers uses within the District shall meet
the definition of High Efficiency Clothes Washer rated with a Water Factor of
5.0 or below by December 31, 2012 July 1, 2013. There shall be an exception to this Rule when
the existing appliance was purchased between January 1, 2006, and January 1,
2010 October 1, 2012, and rates a Water Factor of 5.1-6.0: These
appliances must comply with this provision by January 1, 2020.
F.
Rule 143-G, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Non-Residential Car Washes. By December 31, 2012
July
1, 2013, 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.
Section
Ten: Amendment of Rule 161, Stage 1 Water Conservation
Rule 161-D shall
be amended as shown in bold italics (bold italics) and strikethrough
(strikethrough).
California American Water, in coordination with the
District, shall conduct Landscape Water Audits and establish Landscape Water
Budgets for all Water Users subject to Rule 172. By November 1st of each year,
California American Water shall review its consumption records for the previous
Water Year to identify Water Users required by Rule 172 to have a Landscape
Water Budget. Water Users that are required to obtain a Landscape Water Audit
and Landscape Water Budget shall be notified by California American Water of
this requirement by December 1.
Section
Eleven: Amendment of Rule 172,
Landscape Water Audits
A.
Rule 172-B shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Landscape Water Audits and Landscape Water Budgets shall be
offered by the District and/or California American Water or their agent free of charge to all
Water Users of California American Water with Dedicated Irrigation Meters, large
irrigated areas over three acres, irrigated Open Space, and Large
Residential Water Users. Landscape Water
Audits and Landscape Water Budgets shall be required for new Dedicated
Irrigation Meters and shall be based on a Water Budget determined by the Estimated
Total Water Use as determined by a Landscape and Irrigation System plan
at the time the meter is installed.
California American Water shall review its Residential customer
consumption records at the completion of every Water Year to identify all
Residential Users that consumed an average of 320 units per month
(24,000 gallons) during the prior Water Year. Using this information, California
American Water shall identify the Users that require a Landscape Water Audit
and Landscape Water Budget and that do not have a Water Budget on file at MPWMD
and California American Water. Newly
identified Users shall be notified by California American Water that they are
required to obtain a Landscape Water Audit and Landscape Water Budget. Once notified of the requirement to obtain a
Landscape Water Audit and Landscape Water Budget, a User must arrange to
complete the audit process within sixty (60) days. Existing customers subject to this Rule shall
be given annual notice by California American Water to report any changes to
the Landscaping or Irrigation Systems.
Significant changes shall necessitate a follow-up audit.
1. California American Water Users
shall be required to obtain Landscape Water Audits and establish Landscape
Water Budgets if the property:
a. Has a Dedicated Irrigation Meter; or
b. Is an irrigated
area of greater than three acres; or
c. Is a Large Residential Water User; or
d. Is irrigated public Open Space.
B.
Rule 172-E shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
LANDSCAPE IRRIGATION RESTRICTIONS
Unless
watering is by drip irrigation or through a hand-held hose with a Positive Action Shut-Off Nozzle, the following watering schedule
shall apply:
1. Odd
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Saturdays and
Wednesdays only. This schedule shall
also apply to properties located primarily facing on the South
North
or West East side of the street in cities
where no street address is available.
2. Even
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Sundays and
Thursdays only. This schedule shall also
apply to properties located primarily facing on the North
South
or East West side of the street in cities
where no street address is available.
3. Sprinkler
irrigation overseen by a professional gardener or landscaper who is available
on Site may occur between 9 a.m. and 5 p.m., but shall not exceed two watering
days per week.
Section Twelve: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rules 11, 24, 25.5, 90, 142, 143, 161 and 172 of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Thirteen: Effective Date and Sunset
This ordinance shall take effect at 12:01 a.m. on the 30th day following adoption.
This Ordinance shall not have a sunset date.
Section Fourteen: Severability
If any subdivision, 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 or unenforceability 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 _________, 2012, by the following vote:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, 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 _____________, 2012.
Witness my hand and seal of the Board of Directors this ________ day of ________, 2012.
________________________________
David J. Stoldt, Secretary to the Board
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