ITEM:		PUBLIC HEARING
17.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 183 - ADDING RULE 20-E ESTABLISHING A ZONE OF CONTROLLED DRINKING WATER WELL CONSTRUCTION AND A ZONE OF POTENTIAL CONTROLLED DRINKING WATER WELL CONSTRUCTION RELATED TO PURE WATER MONTEREY INJECTION OF HIGHLY PURIFIED WATER (Categorical exemption from CEQA review per section 14 Cal. Code Regs. §15307)
Meeting Date:			July 15, 2019	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Jonathan Lear	Cost Estimate:	N/A
General Counsel Review: Yes
CEQA Compliance: This Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment.

SUMMARY: Ordinance No. 183 creates a control zone for construction of drinking water wells and a secondary control zone requiring further study for the construction of drinking water wells. Establishing and enforcing these control zones is required by Statewide Title 22 Regulations to obtain the Department of Drinking Water permit for project operation. The draft ordinance is attached as (Exhibit 17-A).

RECOMMENDATION: Staff recommends the Board receive public comment on Ordinance No. 183, approve the second reading and adopt the ordinance.

DISCUSSION: The following points summarize Ordinance No. 183:

1. In order for Pure Water Monterey (PWM) to inject advanced treated water into the Seaside Groundwater Basin (SGB), a permit from the Department of Drinking Water Recycled Water Unit is required.

2. Title 22 Section 60320.200 requires the establishment of a zone of controlled installation of drinking water wells and a secondary zone of potential controlled drinking water well construction.

3. Title 22 Regulations define the zone of controlled drinking water well construction as the boundary around the injection wells representing a 180 day travel time from the injection well field. Drinking water wells are not permitted to be constructed inside this boundary.

4. Title 22 Regulations define the secondary zone of potential controlled drinking water well construction as the boundary around the injection wells representing a 2 year travel time from the injection well field. Drinking water wells proposed to be installed inside this zone will undergo further study prior to construction of the well.

5. Agreement No. A-06181 between MPWMD and Monterey County Water Resources Agency gives MPWMD, “exclusive authority to regulate the management of the Seaside Groundwater Basin within the present Fort Ord boundaries, and MCWRA will comply with and such ordinance enacted by MPWMD.”

6. Groundwater modeling completed to support preparation of the Title 22 Engineering report for PWM was used to establish the boundaries of the two zones of drinking water well construction.

7. Establishment of the control zones will not have adverse effects on the ability of water Purveyors to provide water to the communities. The area inside of the control zone will be incorporated into the City of Seaside upon the transfer of land from Fort Ord Reuse Authority. Marina Coast Water District is the water purveyor that will serve the area inside the zones of controlled drinking water well construction. MCWD cannot drill wells in the Seaside Groundwater Basin as they are not a named producer in the Seaside Groundwater Basin Adjudication Decision.

8. This ordinance adds Rule 20-E to establish the injection control zones for PWM highly purified water.

EXHIBIT

17-A Draft Ordinance No. 183

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