EXHIBIT
3-A
Draft for TAC/PAC
ORDINANCE NO. 151
An Ordinance of the Board of
Directors
of the
Monterey Peninsula Water
Management District
Amending Definitions and
Water Efficiency Standards
FINDINGS
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. The Water Management District approved a toilet replacement 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. This ordinance adds definitions for Alternative Water Sources and Open Space to Rule 11.
10. This ordinance makes minor revisions to the definitions of Recycled Water and Showerhead.
11. The definition of Shower, Each Additional Fixture, has been amended by this ordinance to clarify that an additional fixture is each Showerhead beyond the, with the exception of a single hand-held Showerhead that operates on a diverter.
12. Table 1, Residential Fixture Unit Count, was amended to delete the fixture unit value for Ultra-Low Flush Toilets.
13. Table 1, Residential Fixture Unit County was amended to add a fixture unit value for Ultra High Efficiency Toilets. The fixture unit value for one gallon per flush Urinals has been deleted, as another amendment to Rule 142 (in keeping with existing Non-Residential standards) amends the New Construction standard to High Efficiency Urinal.
14. Rule 24-B-1-c was amended to correct an oversight during the adoption of Ordinance No. 144. This edit makes the calculation of outdoor water use for Non-Residential New Construction consistent with the Residential calculation.
15.
Table 4, High Efficiency Appliance Credits, was
amended to eliminate the credit for High Efficiency Toilets and to add a credit
for Ultra High Efficiency Toilets.
16.
Table 4, High Efficiency Appliance Credits, was
amended to clarify that Instant-Access Hot Water System credit is available for
more than one Dwelling Unit if there are multiple
Dwelling Units on a Site. The
ordinance also clarifies that Dwelling Units with auxiliary buildings (to the
Dwelling Unit) that have hot water must install Instant-Access Hot Water
Systems in each auxiliary structure as well as in the primary Dwelling Unit to
receive credit.
17. The term “washing machine” in Table 4, High Efficiency Appliance Credits, has been replaced with “Clothes Washer,” consistent with terminology used throughout the rules.
18.
Rule 90 was amended to clarify that a variance to
Regulation II, Permits, must be requested prior to or within 90 days of a
determination. 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.
19.
The last sentence of the first paragraph of Rule 90 was
been deleted due to obsolete language.
20.
As requested by the Water Demand Committee on September
29, 2011, the ordinance increases the Cistern Rebate by adding a higher rebate
tier for the first 500 gallons of storage capacity. Due to limited funding, this ordinance
restricts Cistern Rebates to Sites supplied with water from the Monterey
Peninsula Water Resource System.
21.
Upon adoption of this ordinance, High Efficiency
Toilets become the District’s toilet standard for Residential and
Non-Residential New Construction, Changes of Ownership, Changes of Use, and
Expansions of Use. The average water
savings for High Efficiency Toilets is estimated by the California Urban Water
Conservation Council to be 38 gallons per day (gpd)
when replacing a non-Ultra-Low Flush Toilet (i.e. 3.5 gallons per flush or
higher) and 7 gpd when replacing an Ultra-Low Flush
Toilet.
22. The Non-Residential Water Efficiency Standards for New Structures were amended to add an increased flow rate for private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) consistent with building code.
23.
High Efficiency Urinals (or ones that
use less water) become the District’s standard Urinal requirement for Residential
and Non-Residential New Construction, Changes of Ownership, Changes of Use, and
Expansions of Use.
24.
Rule 142 was amended to clarify that Showerheads must
be manufactured and designed 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 and can
then be increased to a higher flow rate.
25.
The voluntary use of alternative water sources for
indoor toilet flushing and other uses allowed by the Jurisdiction has been
added to the list of Non-Residential Water Efficiency Standards as a practice
to encourage.
26.
Rule 143-A was amended to bring Showerhead and faucet
flow rates in line with New Construction, Change of Ownership, Change of Use, and
Expansion of Use requirements.
27.
Replacement toilets installed in the MPWMD must be HET
or more efficient after January 1, 2013.
The State requires that only HET toilets be offered for sale or
installed in California as of January 1, 2014.
However, by 2013, 85 percent of toilets for sale in California must be
HET.
28.
Retrofit requirements for Non-Residential uses
scheduled for December 31, 2012, have been extended for six months to July 1,
2013. This extension is due to the delay
in approval of the Rebate Program funding by the California Public Utilities
Commission (CPUC).
29. An obsolete date was deleted from Rule 161.
30. Irrigated public open space has been added 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.
31. Rule 172 was amended to clarify that Landscape Water Budgets required for new Dedicated Irrigation Meters are to be based on the Estimated Applied Water Use as determined by the project’s Landscape and Irrigation System plan.
32. Two minor edits (i.e., California American Water’s billing increment and unnecessary language) were made to Rule 172-B. Rule 172-B was also amended to clarify the Water Budget for new Dedicated Irrigation Meters.
33. Rule 172-E, Landscape Irrigation Restrictions, was amended to clarify the location of a property in the City of Carmel-by-the-Sea.
34. This ordinance was reviewed by the following: Water Demand Committee (March 31, 2012), Policy Advisory Committee (April 3, 2012), Technical Advisory Committee (April 3, 2012), Public Utilities Commission Division of Ratepayer Advocates, and California American Water.
35. This ordinance is subject to the California Environmental Quality Act (CEQA) and an Initial Study and Notice of Intent to Adopt a Negative Declaration was prepared and filed with the Monterey County Clerk on _________. A Negative Declaration will be considered by the Board upon second reading and consideration of adoption.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2012 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 and Rebate for Cisterns, extend implementation of mandatory Non-Residential retrofits; and clarify and amend Landscape Water Audit requirements and outdoor water days.
Section Three: Definitions
Unless the context specifically indicates otherwise, the following word shall be given the definition 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.
RECYCLED WATER – “Recycled Water” shall mean water that originates
from a Sub-potable
Source of Supply such as wastewater treated to the tertiary level.
or captured rainwater
SHOWERHEAD - “Showerhead” shall
mean a fixture in which water is sprayed or flows on the bather in fine
streams from a Showerhead, usually secured overhead.
SHOWER, EACH ADDITIONAL FIXTURE -
“Shower, Each Additional Fixture” shall mean the second and any additional
Showerhead, Rain Bar, or Body Spray Nozzles, installed above a bathtub or in
a Shower, Separate Stall with the exception of a hand-held Showerhead
that operates on a diverter that shifts no less than 100 percent of the flow
from one Showerhead to the other when in use.
ULTRA HIGH EFFICIENCY TOILET –
“Ultra High Efficiency Toilet” shall mean a toilet
that is manufactured and designed to flush with less than 1.0 a
maximum of 0.8 gallon of water and that is labeled by the U.S. Environmental
Protection Agency’s WaterSense program. An Ultra High Efficiency Toilet
shall have a maximum average flush of less than 1.0 gallon.
URINAL - “Urinal” shall mean a fixture, typically
attached upright to a wall, used by men for urinating. Urinal shall refer to both the bowl and the
valve.
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).
TABLE 4: HIGH EFFICIENCY
APPLIANCE CREDITS
|
Appliance |
Description |
Water Use
Credit in
Acre-Feet |
|
|
Ultra High Efficiency Toilet |
A toilet manufactured and designed to |
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 prior to or within 90 days of a District
determination.
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 141, Water
Conservation Rebates
Rule 141-B-9 shall be amended
as shown in bold italics (bold italics) and strikethrough (strikethrough).
The Rebate for Cistern water tanks installed
on Sites supplied with water from the Monterey Peninsula Water Resource System shall
be $50
per 100 gallons for the first 500 gallons and $25 per 100 gallons of
water storage capacity to a maximum storage capacity of 25,000 gallons per
Qualifying Property.
Section Nine: Amendment
of Rule 142 – Water Efficiency Standards
1.
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 Toilets
shall be installed;
2.
Rule 142-C-5, Residential Water Efficiency Standards
for New Structures, and Rule 143-D-5 shall be deleted 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; Deleted by Ordinance No. 151.
3.
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 2.2 gallons of water per minute at 60 psi;
4. 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 or lower flush Urinals shall be installed if there is a
Urinal 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;
5. 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 manufactured and designed to emit a maximum of 2.0 gallons per
minute of water;
6. 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.
Section Ten: Amendment of Rule 143 – Water
Efficiency Standards for Existing Non-Residential Uses
1.
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
maintain Showerheads with a maximum flow capacity of 2.5 2.0 gallons
per minute. Public Lavatory Sinks
shall emit a maximum of 0.5 gallon of water per minute at 60 psi; Public
Lavatory Sinks equipped with automatic shut off devices or sensor faucets shall
operate with a maximum flow of 0.25 gallons per cycle; Private Lavatory Sinks
(e.g., hotel or motel
guest rooms and hospital patient rooms) shall emit a maximum of 2.2 gallons of water per minute at 60
psi. All other sinks shall be restricted
to flow at a maximum of 2.2 gallons per minute at 60 psi, 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.
2.
Rule 143-C, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
Replacement of toilets after January 1, 20143 shall be with High Efficiency
Toilets.
3.
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 July
1, 2013December 31, 2012, 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: These appliances must comply with this provision by January 1,
2020.
4.
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 by July 1, 2013December 31, 2012,
except as provided by Rule 146 (Discretionary Exemptions).
5.
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 Non-Residential Clothes Washers shall meet the
definition of High Efficiency Clothes Washer rated with a Water Factor of 5.0
or below by July 1, 2013December 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.
6.
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 July 1, 2013December
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.
Section Eleven: 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 Twelve: Amendment of Rule 172 – Landscape
Water Audits
1. 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
Applied 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 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. Has irrigated public Open Space.
2. 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 Thirteen: 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 Fourteen: Effective
Date and Sunset
This ordinance shall take effect at 12:01 a.m. on July 1, 2012.
This Ordinance shall not have a sunset date.
Section Fifteen: 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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