EXHIBIT
3-A
DRAFT
ORDINANCE
NO. 141-A
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
AMENDING AND REVISING REGULATION XIV -- WATER
CONSERVATION--TO UPDATE AND CLARIFY LANGUAGE AND ADD NON-RESIDENTIAL AND LANDSCAPE
WATER EFFICIENCY REQUIREMENTS
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. 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.
4.
Water conservation is a necessary component to the
management and protection of water resources on the
5. Counties and general law cities had until January 1, 1993 to adopt a water efficient landscape ordinance or to adopt findings explaining why a local ordinance was unnecessary. If a county or city failed to adopt either the ordinance or the findings, then state law required local officials to enforce the Department of Water Resources (DWR) model ordinance as if it had been adopted by the county or city (AB 350, Clute, 1990).
6.
In 2004, the Legislature asked the California Urban
Water Conservation Council to convene a task force and recommend improvements
to DWR's model local water efficient landscape ordinance (AB 2717, Laird,
2004). The resulting report, Water Smart
Landscapes for
7. By January 1, 2009, Assembly Bill 1881 required the State Department of Water Resources (DWR) to update the model water efficient landscape ordinance based on the recommendations of the report commissioned by the Legislature in 2004. AB 1881 required the model ordinance to cover 13 topics, with special exceptions for cemeteries.
8.
The revised Model Water Efficient Landscape Ordinance was approved by the State of
9. By January 1, 2010, every county and city (including charter cities) must adopt either the Model Water Efficient Landscape Ordinance, or a water efficient landscape ordinance that is at least as effective as the model ordinance. If a county or city fails to adopt an ordinance, AB 1881 requires local officials to enforce DWR's model ordinance as if it had been adopted by the county or city.
10. By January 31, 2010, counties and cities must report to DWR on whether they have adopted the Model Water Efficient Landscape Ordinance or their own ordinances. By January 31, 2011, DWR must report to the Legislature on the status of these local ordinances.
11.
The District recognizes that additional water
conservation is essential to meet the reductions imposed by the California
State Water Resources Control Board Order No. WR 95-10. This ordinance increases water conservation
on the
12. The District recognizes that additional water conservation is necessary to meet the reductions mandated by the Seaside Basin Adjudication decision.
13. This ordinance revises and clarifies Regulation XIV, which was adopted in July 1987. The language of the Regulation has been essentially unchanged since that time and is outdated.
14. This ordinance adopts the provisions of AB 1881 and the California Model Water Efficient Landscape Ordinance, and additional outdoor water use measures that reduce outdoor consumption.
15. Is common for homeowners associations that run common interest developments to regulate the use of private property through covenants, conditions, and restrictions (CC&Rs). Although CC&Rs are private contractual relationships, state law sometimes prevents their enforcement in order to accomplish public policy goals. For example, CC&Rs can't prohibit or restrict the installation or use of solar energy systems (AB 2473, Wolk, 2004). Assembly Bill 1881 prohibits a common interest development from restricting the use of low water-using plants if the plants meet maintenance standards.
16. 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 Commercial/Industrial/Institutional Water Conservation
Ordinance.
Section Two: Purpose
This ordinance clarifies
and updates Regulation XIV of the Monterey Peninsula Water Management District
Rules and Regulations. This ordinance adds
definitions to the Rules and Regulations of the District and amends the
mandatory retrofit and messaging requirements for Non-Residential uses. This ordinance updates conservation
requirements to comply with current state and federal flow rate standards,
including
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.
1.
BEST MANAGEMENT PRACTICES – Best
Management Practices (BMP)” shall mean a conservation measure or series of measures that is useful, proven,
cost-effective, and generally accepted among conservation experts
to reduce water consumption and protect water quality.
2.
COOLING TOWER – “Cooling Tower” shall
mean a heat rejection device
which regulates temperature by dissipating heat from recirculating water used
to cool chillers, air-conditioning equipment, or other process equipment. Heat
is rejected from the tower primarily through evaporation. The generic term
"
3.
DAY SPA – “Day Spa” shall mean an establishment
that provides basic services such as manicures, massages, facials, tanning
services, waxes, and other “dry” services. Other “wet” services that may be
available in a spa establishment may include hydrotherapy treatments, including
4.
GRAYWATER -- “Graywater”
shall mean untreated waste water which has not come into contact with toilet
waste. Graywater includes used water from bathtubs, showers, bathroom wash
basins, clothes washing machines and laundry tubs. It does not include waste
water from kitchen sinks and dishwashers, photo lab sinks, or laundry water
from soiled diapers. “Graywater” shall
have the same meaning as “Greywater.”
5.
HIGH EFFICIENCY COMMERCIAL DISHWASHER –
“High Efficiency Commercial Dishwasher” shall mean a commercial dishwasher that
meets or exceeds the High Efficiency Specifications for Commercial Dishwashers
as determined by the Consortium for Energy Efficiency (CEE)) and as listed on
the CEE website.
6.
HIGH EFFICIENCY TOILET (HET) – “High Efficiency
Toilet” or “HET” shall mean a toilet that is designed to flush at 20 percent
below a 1.6-gallons-per-flush Ultra-Low Flush Toilet. A High Efficiency Toilet
shall have a maximum average flush of 1.283 gallons.
7.
HIGH EFFICIENCY URINAL – “High Efficiency
Urinal” shall mean a Urinal designed to flush with a maximum of 0.5 gallon per
flush.
8.
LOW WATER USE PLUMBING FIXTURES - “Low Water Use
Plumbing Fixtures” shall mean toilets using a maximum of 1.6 gallons per flush;
Showerheads, Rain Bars, or body sprays designed to emit a maximum of 2.5
gallons per minute of water; faucet aerators designed to emit a maximum of 2.2
gallons per minute; and Instant-Access Hot Water Systems refer
to the water efficiency standards set forth in Regulation XIV, Water
Conservation.
9.
PINT URINAL – “Pint Urinal” shall mean a
mean a Urinal designed and manufactured with a maximum of one pint (0.125
gallons per flush) of water.
10.
ROTATING
SPRINKLER NOZZLE – “Rotating Sprinkler Nozzle” shall mean a multi-trajectory, revolving stream spray
head that applies Irrigation System water much
more slowly and uniformly than conventional sprays.
11.
12.
ULTRA-LOW
CONSUMPTION HIGH EFFICIENCY DISHWASHER
- “High Efficiency Dishwasher” shall mean a Dishwasher designed to use a
maximum of 7.66 5.8 gallons during every complete per cycle. A High Efficiency Dishwasher shall have
Energy Star certification.
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 Evapotranspiration
(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 EFFICIENCY STANDARDS
A.
Water Efficiency 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 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.
Ultra-Low
Flush Toilets shall be installed;
2.
Urinals,
when installed in a Residential use, shall be designed to flush with one (1)
gallon of water;
3.
Showerheads,
Rain Bars, or Body Spray Nozzles shall be installed that were designed to emit
a maximum of 2.5 gallons per minute of water;
4.
All
shower fixtures should be equipped with scald protection valves rated for 2.5 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 2.2 gallons of water per minute at 60 psi;
7.
Kitchen
Sink faucets shall emit a maximum of 2.2 gallons of water per minute at 60 psi;
8.
Instant-Access
Hot Water Systems shall be installed;
9.
All
hot water pipes shall be insulated;
10.
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;
11.
All
New Construction shall install and maintain Landscaping that complies with the Calfifornia
Model Water Efficient Landscape
Ordinance as
revised or with local or District landscape requirements if more restrictive;
12.
Irrigation
System
13.
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;
14.
Rain
Sensors shall be installed on all Irrigation Systems that operate with an irrigation
controller, with the exception of Weather-Based Irrigation System Controllers;
15.
Soil
Moisture Sensors shall be encouraged for Irrigation Systems that have an
automatic Irrigation System controller;
16.
Drip
Irrigation shall be utilized for watering all non-turf irrigated plantings;
17.
Rotating Sprinkler
Nozzles shall
be utilized for turf irrigation;
18.
Overhead spray irrigation shall not be used
to water non-turf Landscaping, including trees and shrubs;
19.
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.
20.
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.
21.
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.
A.
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.
Ultra
Low Flush Toilets shall be installed;
2.
Urinals
shall be 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;
3.
Showerheads,
Rain Bars, or Body Spray Nozzles shall be installed that were designed to emit
a maximum of 2.5 gallons per minute of water;
4.
All
shower fixtures should be equipped with scald protection valves rated for 2.5 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 New 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 California
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.
B.
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.
Ultra
Low Flush Toilets shall be installed;
2.
Urinals
shall be 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;
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 be
encouraged to install an Instant-Access Hot Water System and insulate 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 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 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 WATER EFFICIENCY STANDARDS FOR EXISTING NON-RESIDENTIAL 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 2.5 gallons per minute
(gpm), and Washbasin faucets with aerators which limit the flow rate to a maximum
of 2.5 gpm gallons
per minute, unless subject to 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 Flush Toilets
after January 1, 2014 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 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 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.
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.
Any or all Portable Water Measuring
Device usage information, including the name of the User, the amount of water
used, and the location of use shall be provided by the Water Distribution
System Owner or Operator to MPWMD upon request.
J.
All Pre-Rinse Spray Valves shall meet
or exceed the Rule 11 definition of Water Efficient Pre-Rinse Spray Valve by July
1, 2010;
K.
Newly installed medical or laboratory
photographic and/or X-ray processing systems shall include a recirculation
system for the rinse process. The use of
digital systems is highly encouraged;
L.
The installation of a
Rain Sensor and Soil Moisture Sensors on automatic Irrigation Systems that are
not operated by a Weather-Based Irrigation System shall be encouraged.
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 toilet
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-B and Rule 143 this ordinance for the entire facility,
including retrofitting of plumbing fixtures within existing structures throughout
the Site.
C.
NON-DISCRETIONARY
RETROFIT EXEMPTION
(Rule deleted by Ordinance No. 89
(7/21/97)
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
a
District-certified 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 fixtures upon completion
of construction, and the District new owner shall be
both contacted and allowed inspection of the property by
District staff or its authorized agent within 180 days (i.e. six months)
of the date of this requirement.
Incremental extensions of 90 days may be allowed until completion of
the Remodel or modification.
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 property, as revealed by the assessment roll, on which the
violation is situated, and any other person 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 throughout 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 when action is triggered by
another qualifying event under Regulation XIV or Regulation XV.
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, menus, 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, 2010.
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, Darby W. Fuerst, 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
_____________ 2009.
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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