EXHIBIT 9-A
DRAFT
ORDINANCE NO. 162
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AMENDING THE WATER PERMIT PROCESS FOR
PRIMARY AND SECONDARY PUBLIC SCHOOL DISTRICTS
1. The
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 Monterey Peninsula area.
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.
There are three public school districts in the Monterey Peninsula
Water Management District, each with a public service mandate to provide
primary and secondary educational facilities and opportunities for the children
of the Water Management District.
4.
The right to a public education in California is a
fundamental right fully guaranteed and protected by the California
Constitution. Article 9, Section 5, of the California Constitution states: “The
Legislature shall provide for a system of common schools by which a free school
shall be kept up and supported in each district at least six months in every
year, after the first year in which a school has been established.”
5.
Public School Districts do not receive local land use
approvals, and often bypass the Water Permit requirement. Extensive time and
effort is required after Project completion to retrospectively issue a Water
Permit. Under the current MPWMD rules, the Public School District Site must
have sufficient Water Use Credit to offset the Adjusted Water Use Capacity of a
project or must receive water from a Jurisdiction’s Allocation.
6.
Water saving projects at a public school district facility
often result in significant water savings. Adding a definition for Public School
District Site allows Water Credit to be used to offset
Intensifications of Use at other school district facilities.
7.
Best Management Practices are conservation measures or a
series of measures that are useful, proven, cost-effective, and generally
accepted among conservation experts to reduce water consumption and protect
water quality.
8.
Implementing Best Management Practices is proven effective at
reducing consumptive use of water on a Site.
9.
Best Management Practices proposed by this ordinance meet or
exceed requirements imposed on other existing Non-Residential Users to mitigate
potential Intensification of Use caused by one or more Projects on a Public
School District Site.
10.
This ordinance adds definitions to Rule 11 for Public School
District and Public School District Site.
11.
This ordinance amends the Rule 11 definitions for Permit
Review Level and Water Waste. Water Waste is amended to include Non-Essential
Water Use definitions and to add a definition for water waste related to
power/pressure washing.
12.
This ordinance amends Rule 24-B-1 to reduce the Adjusted Water
Use Capacity when a Public School District Site achieves Best Management
Practices as defined by added Rule 142-F.
13.
This ordinance establishes a Water Use Credit for removal of
established sports fields.
14.
This ordinance amends Rule 172 to comply with the State’s
Emergency Drought Regulation.
15.
This ordinance shall amend and republish 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 2014 Public School District
Water Permit Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance sets forth a
process for public school districts to obtain Water Permits that enable
facility updates and improvements.
Section Three: Amendments
to Rule 11, Definitions
Rule 11, Definitions, shall
be amended as follows, with added language shown in bold italic type face and
deleted language shown in strikeout type face.
PUBLIC SCHOOL DISTRICT – “Public School District” shall be
defined as a local government responsible to provide educational services and
support to children in both primary and secondary education levels. Within
MPWMD, the Carmel Unified School District, Monterey Peninsula Unified School District, and
Pacific Grove Unified School District meet this definition.
PUBLIC SCHOOL DISTRICT SITE – “Public School District Site”
shall mean all facilities and properties owned by a single Public School
District that are located within the MPWMD and that are supplied water by
California American Water.
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, or Level 3 or
Level 4 as defined in Rule 11.
WATER WASTE -”Water Waste” shall mean the indiscriminate,
unreasonable, or excessive running or dissipation of water. Water Waste shall
include, but not be limited, to the following:
1. Waste caused by correctable leaks, breaks or malfunctions.
This loss of Potable water may be cited as Water Waste after a reasonable
period of time has passed in which the leak or malfunction could have been
corrected. Exceptions may be granted by the General Manager for corrections,
which are not feasible or practical.
32. Indiscriminate or excessive water use which allows excess to
run to waste.
23. Use of Potable water for washing buildings, structures,
driveways, patios, parking lots, tennis courts, or other hard surfaced areas,
except in cases where health or safety are at risk and the surface is cleaned with
a Water Broom or other water efficient device or method. Water should be used
only when traditional brooms are not able to clean the surface in a
satisfactory manner.
4. Use of Potable water for pressure/power washing buildings and
structures, except when preparing surfaces for paint or other necessary
treatments.
45. Use of Potable water
to irrigate turf, lawns, gardens or ornamental Landscaping between 9:00 a.m.
and 5:00 p.m. by means other than drip irrigation, or hand watering without
quick acting Positive Action Shut-Off Nozzles. (Exceptions shall be made by the
General Manager for professional gardeners where there is no ability to avoid
watering between 9:00 a.m. to 5:00 p.m.). Irrigation before 5 p.m. or after 9 a.m. on any day other than
Saturdays and Wednesdays, except for irrigation overseen by a professional
gardener or landscaper who is available on Site and that is not exceeding two
watering days per week, or that is water efficient non-sprinkler irrigation
managed by an operational Smart Controller.
6. Failure to arrange for a Landscape Water Audit within 60 days
of notification of a requirement to obtain an audit.
7. Failure to complete a Landscape Water Audit within 60 days of
a significant modification to an audited Landscape.
10. Outdoor watering in excess of a Water Budget during Stages 2-4
Water Conservation when a Water Budget is required pursuant to Rule 172.
118. Failure to maintain water use within a mandatory Landscape Water
Budget.
89. Use of water for more than minimal Landscaping, as defined in
the Landscaping regulations of the Jurisdiction or as described in Article 10.8
of the California Government Code.
10. Operation of fountains, ponds, lakes or other ornamental use of
Potable water without recycling.
11. Draining and refilling of swimming pools or spas except (a) to
prevent or correct structural damage or to comply with public health
regulations, or (b) upon prior approval of the General Manager.
512. Individual private washing of cars with a hose except with the
use of a Positive Action Shut-Off Nozzle. Use of water for washing
commercial aircraft, cars, buses, boats, trailers or other commercial vehicles
at any time, except at commercial or fleet vehicle or boat washing facilities
operated at a fixed location where equipment-using water is properly maintained
to avoid wasteful use.
13. Use of water for washing commercial aircraft, cars, buses,
boats, trailers or other commercial vehicles at any time, except at commercial
or fleet vehicle or boat washing facilities operated at a fixed location where
equipment-using water is properly maintained to avoid wasteful use.
714. Operation of a commercial full service car wash without
recycling at least 50 percent of the Potable water used per cycle.
15. Charity
car washes.
916. Use of Potable water for street cleaning.
17. Failure to meet MPWMD Regulation XIV retrofit
requirements for an existing business after having been given a reasonable
amount of time to comply.
18. Serving drinking water to any customer unless expressly
requested, by a restaurant, hotel, café, cafeteria or other public place where
food is sold, served or offered for sale.
1419. Washing of livestock with a hose except with the use of a Positive
Action Shut- Off Nozzle.
620. Transportation of water from the Monterey Peninsula Water
Resource System without prior written authorization from the MPWMD shall be
deemed Water Waste. Emergency or health related situations are exempt from this
provision in accordance with Rule 169 (Water Rationing Variance).
21. Unreasonable or excessive use of Potable water for dust control
or earth compaction without prior written approval of the General Manager where
non-Potable water or other alternatives are available or satisfactory.
22. Use of unmetered fire hydrant water by individuals other than
for fire suppression or utility system maintenance purposes, except upon prior
approval of the General Manager.
1223. Misrepresentation of the number of Persons permanently residing on
a property where water is supplied by a Water Distribution System or by a
private Well.
1324. Water use in excess of a Water Ration.
The following activities
shall not be cited as Water Waste:
1.
Flow resulting from firefighting or essential inspection of fire hydrants;
2.
Water applied to abate spills of flammable or otherwise hazardous
materials, where water application is the appropriate methodology;
3.
Water applied to prevent or abate health, safety, or accident
hazards when alternate methods are not available;
4.
Storm run-off;
5.
Flow from fire training activities during Stage 1 Water
Conservation through Stage 3 Water Conservation;
6.
Reasonable quantities of water applied as dust control as required
by the Monterey Bay Unified Air Pollution Control District, except when
prohibited by Regulation XV.
Section Four: Addition of Rule 24-B-1-h
Rule 24-B-1-h shall be added
as follows, with added language shown in bold italic type face.
h. Projects at Public School
District Sites shall be considered to have a zero Adjusted Water Use Capacity when
the entire Public School District Site meets or exceeds Rule 143 Water
Efficiency Standards for Existing Non-Residential Uses.
Section Five: Amendment
to Rule 25.5
Rule 25.5 shall be amended
as follows, with added language shown in bold italic type face.
E. The following
types of Permanent Abandonment of Capacity shall qualify for a Water Use Credit
under this Rule:
1. Demolition of a building or
use that has been recognized by the District as being a lawful water use;
2. Permanent disconnection of a
lawful water use from a Water Distribution System;
3. Residential removal of water
fixtures;
4. Permanent installation of
non-Mandated water fixtures or appliances;
5. Removal of established Lawn on
sports fields at a Public School District Site.
Section Six: Amendment to Rule 25.5
Rule 172, Landscape Water
Audits, shall be amended as follows, with added language shown in bold
italic type face and deleted language shown in strikeout type
face.
E. LANDSCAPE IRRIGATION RESTRICTIONS
Unless watering is by
drip irrigation or through a hand-held hose with a Positive Action Shut-Off
Nozzle, tThe following watering schedule shall apply:
1.
All Sites that require
irrigation shall water after 5 p.m. or before 9 a.m. on Saturdays and
Wednesdays only.
2.
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.
3.
Non-sprinkler water efficient irrigation managed by a Smart Controller.
Section
Six: 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 the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Eight: 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 Pendergrass, and second by
Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____,
2014 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 an ordinance duly adopted on the ___ day of _____ 2014.
Witness my hand and seal of the Board of Directors
this ____ day of ____ 2014.
David
J. Stoldt, Secretary to the Board
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