EXHIBIT 2-E
Current
MPWMD Rules 20, 21 and 22 as of March 2005
RULE 20 - PERMITS REQUIRED
A. PERMIT TO CREATE/ESTABLISH
A WATER DISTRIBUTION SYSTEM
Before any person creates or establishes
a water distribution
system, such person shall obtain a written
permit from the District. Before any person creates or establishes a mobile water distribution
system, such person shall obtain a written permit from the District.
Desalination, reclamation or
importation facilities located within the District are not exempt because the
source of supply is considered to be the water emanating from a facility within
the District.
Persons who hold a valid permit for construction and
operation of a water distribution system from the Monterey County Health
Department, prior to March 12, 1980, or a water distribution system in
existence prior to that date, shall be deemed to have been issued a permit in
compliance with these Rules and Regulations.
Persons who filed a completed application
to the Monterey County Health Department, date-stamped by the Department on or
before March 19, 2001, for construction of a well serving a single-parcel connection
water distribution system shall be deemed to have been issued a permit in
compliance with these Rules and Regulations provided all of the following
actions are taken: (1) the applicant
receives a valid well construction permit from the Monterey County Health
Department, makes the well active, meters the well, has the well inspected by MPWMD and receives an
approved MPWMD Water Meter Installation Inspection form issued on or before
October 15, 2001; and (2) each water-gathering
facility of that system was registered with the District on or before October
15, 2001.
No mobile water distribution system shall be issued a permit
under the provisions of the previous paragraph.
Each such system shall be required to apply for and obtain a permit in
accord with Rules 21 and 22.
The expansion capacity limit and system capacity of
previously existing systems shall be determined pursuant to Rule 40 (A).
Added and amended by Ordinance No. 96 (3/19/2001); amended by
Ordinance No. 105 (12/16/2002)
B. PERMITS TO EXPAND/EXTEND A WATER
DISTRIBUTION SYSTEM
Before any person expands/extends a water distribution system
or any mobile water distribution system, such person shall obtain a written
permit from the District or the District’s delegated agent, as described in
District Rules 23 and 24. The addition of any
connection or any water-gathering facility to a water distribution system
and/or the intensification of use
of an existing connection shall be deemed an expansion or extension of that
system. Any change in use, size,
location, or relocation of a connection or water-measuring device
which may allow an
intensification of use or increased water consumption, or any permit transfer
pursuant to Rule 28 which may allow an intensification of use or increased
water consumption, shall be deemed an expansion or extension of that system. A
proper applicant for such an expansion/extension permit may be either the owner or operator of the water distribution
system, the prospective user of the proposed connection as the real party in
interest, or any agent thereof.
Amended by Ordinance No. 26 (9/8/86) and Ordinance No. 96
(3/19/2001)
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM
PERMIT
An MPWMD water
distribution system permit is not required
for the following situations:
1. Where both:
(a) the property to be served is wholly outside of the boundaries of the
Monterey Peninsula Water Management District, and (b) the
water source is also located outside of the District boundary. For properties that straddle the District
boundary, an MPWMD water distribution system permit is not required where both:
(a) the portion of the property served by the water distribution system is
outside of the District boundary, and (b) the source of supply is outside of
the District boundary.
2. A
single-parcel connection water distribution system unless that system derives
its source of supply from within the Carmel River Basin, as
shown in the map provided in the Implementation Guidelines; and/or the Seaside Coastal Subareas of the Seaside Groundwater Basin. The
3. For a single-parcel
connection system located within the Carmel River Basin that meets all of the
following three criteria: (a) the well location lies outside of the mapped area
1,000 feet from the Carmel Valley alluvial
aquifer or 1,000 feet
from Tularcitos, Hitchcock Canyon, Garzas, Robinson Canyon or Potrero
Creeks; (b) a valid well construction permit by the Monterey County Health
Department was issued prior to January 15, 2003; and (3) the applicant makes
the well active, registers the well with MPWMD, meters the well, has the well
inspected by MPWMD, and receives an approved MPWMD Water Meter Installation
Inspection form issued on or before June 30, 2003.
4. To
reactivate, refurbish or replace existing wells that are registered with the
District, as defined in Rule 11. To
qualify for this exemption, the reactivated, refurbished or replacement well
must have substantially the same purpose and capacity of the
structure replaced. The replacement
structure must be consistent with other MPWMD Rules and Regulations. This exemption from the MPWMD permitting
process does not affect in any way the applicant’s obligation to comply with permit requirements by
other regional, state or federal agencies.
5. For on-site
cisterns that serve existing single-parcel connections,
(i.e. residential situations where rainwater is captured for on-site landscape
irrigation use).
6. For
deliveries of water by commercial companies in volumes less than or equal to 55
gallons per container.
7. For an
existing or future new irrigation system,
owned and operated by MPWMD, which exists
solely to irrigate riparian vegetation in the
8. For an existing,
expanded or new non-MPWMD irrigation system that is served by a well completed prior to
January 15, 2003 with the purpose to irrigate riparian vegetation in the Carmel
River riparian corridor pursuant to conditions of approval of an MPWMD River Work Permit, a
contract with MPWMD, or any other irrigation use approved by the District. This exemption does not apply to irrigation
projects that are served by wells completed on or after January 15, 2003.
9. For a water distribution
system in existence prior to April 18, 2001 that is comprised of multiple,
contiguous parcels owned by the same owner. Such a system may be referred to as
“pre-existing multiple-parcel connection
system.” However, any amendment to such
a water distribution system on or after April 18, 2001 must be permitted by the
District pursuant to
Rule 22.
10. To only
construct (but not use) the system components.
The District permit enables use of a water well or any other
water distribution system component.
11. Any exemption
pursuant to this Rule 20-C, however, shall not be construed
to exempt the facility or its owner/operator from any
other requirement set forth in these MPWMD Rules and Regulations, or any other
regulatory or legal requirement.
Added by Ordinance No. 96 (3/19/2001); added and amended by
Ordinance No. 105 (12/16/2002)
D. PERMIT
TO UNDERTAKE WORK ON PROJECTS WITHIN THE RIPARIAN
CORRIDOR
Before any individual may undertake any work or project
within the riparian corridor, including but not limited to channel modification,
riverbank works, or vegetation removal, such person shall obtain a
prior written river work permit from the District in accord with Rule 126 or
meet the emergency river work permit criteria of Rule 126 C, or be expressly
exempt from the river work permit requirement pursuant to Rule 126 B.
Added by Ordinance No. 1 (2/11/80), amended by Ordinance No.
3 (7/11/80), Ordinance No. 5 (4/13/81), Ordinance No. 8 (1/14/82), and
Ordinance No. 10 (7/26/83); formerly Rule 200, renumbered by Ordinance No. 6
(5/11/81); amended by Ordinance No. 69 (6/21/93); renumbered to section “D” by
Ordinance No. 96 (3/19/2001)
RULE 20.4 - PERMIT
RULE NONCOMPLIANCE
A. NOTIFICATION
When the General Manager first becomes aware that a water
distribution system is operating without a permit, he/she shall provide written
notification to the owner and operator, if known, of
the water distribution system that District Rule 20 has been violated. Copies of this notice shall be provided to
each property owner receiving water from the unpermitted
water distribution system, to the extent known. Notice shall be deemed to have
been given when the written notification has been deposited in the
B. RECORD NOTICE OF
NON-COMPLIANCE
1. If the owner
of a water distribution system has not filed the application within sixty (60)
days of the date required in Section A above, the General Manager shall record
Notices of Non-Compliance against all properties receiving water from the unpermitted water distribution system.
2. The General
Manager shall cause Notices of Compliance to be recorded only at such time as
the water distribution system has received a permit pursuant to District Rules
20 and 22.
C. AUTHORIZATION TO
FILE LAWSUIT & IMPOSE LIENS
If the owner of an unpermitted
water distribution system fails to file an application within thirty (30) days
of the date a Notice of Non-Compliance is recorded, the General Manager is
authorized to file suit in Monterey County Superior Court to compel compliance
with any and all permit requirements applicable to that water distribution
system. Causes of action and relief
sought may include, but are not limited to, nuisance, temporary restraining
order, and injunction. The General
Manager shall recover all legal fees, costs and administrative expenses
incurred in such action as a fee imposed by the District upon the unpermitted water distribution system. The General Manager shall record a lien
against each and every property receiving water from the unpermitted
water distribution system if the fee for these costs or expenses is not paid in
full within ninety (90) days of invoice mailed to the owner, provided the
property upon which a lien is to be filed (i) has
received a copy of that invoice, and (ii) that property has received water from
the unpermitted water distribution system. Any lien authorized by this section shall not
require prior Board approval as may
be required for other liens pursuant to District Rule 113.
D. ADDITIONAL
AUTHORITY
Creation, establishment, expansion or extension of a water
distribution system without a written permit from the District is a misdemeanor
punishable as an infraction as provided by Section 256 of the Monterey Peninsula
Water Management District Law, Statutes of 1981, Chapter 986. The District may seek criminal prosecution
and/or civil enforcement of its rules pursuant to this Section.
Added by Ordinance No. 118 ((12/13/04)
RULE 20.5 - SUSPENSION OF APPLICATIONS FOR RULE NONCOMPLIANCE
A. The District shall suspend processing of
any application under these Rules with respect to any site on which a District permit or Rule
violation has been noticed, but has not been corrected, until such time as the
violation has been corrected.
B. The District
shall suspend processing of any application under these Rules with respect to
any site which is subject to a District permit or Rule, but one or more of the
conditions of that permit have not been met.
C. The District
shall suspend processing of any application under these Rules with respect to
any site which does not have a valid permit for its post-1985 expanded water
use, until such time as the an application to validate that use has been
received.
Added by Ordinance No. 71 (12/20/93)
RULE 21 - APPLICATIONS
A. APPLICATION FOR PERMIT
TO CREATE/ESTABLISH
A WATER DISTRIBUTION SYSTEM
The applicant for a Permit to
Create/Establish a Water Distribution System shall submit the following:
1. A completed written
application, signed by the system owner, in the manner
and form prescribed by the Implementation Guidelines; and
2. Environmental
information as required by the California Environmental Quality Act (CEQA); and
3. Zoning and
land use designations for the property; identify land use approvals which may be required for
the proposed project by the municipal unit in
which proposed system would be located (i.e., tentative map, use permit, etc.),
or by other governmental agencies, consistent with state and local regulations
that require proof of available water supply; and
4. Identify type
of water right claimed to exist with each water-gathering
facility and each source of supply for the system (e.g., riparian, pre-1914,
appropriative, overlying or other).
Provide written verification of legal water rights applicable to type of
right claimed. The verification shall
include, but shall not be limited to the following forms of documentation: (a)
Condition of Title Report, prepared by a Title Company at the applicant’s
expense, and any and all supporting documentation to indicate whether legal
water rights have been subordinated or severed; this documentation may include
a judicial declaration of right or a full title opinion prepared by an attorney
with expertise in water law; (b) information that describes the legal basis or
authority for diversion and extraction of water; (c) if groundwater is being
pumped from a groundwater basin that has not been adjudicated, a statement to
that effect in addition to a copy of
the current deed to the property is sufficient documentation to satisfy this
requirement; or (d) if the source of the water is subject to permit
requirements under the State Water Resources Control Board, a copy of the
SWRCB water rights permit or domestic registration must be included; and
5. A copy of the
application submitted to the Monterey County Environmental Health Department
for Creation of a Water Distribution System for multiple-connection systems
only; and
6. The name and
address of each responsible party; and
7. The results
of well capacity (aquifer pumping) tests
for the duration specified by the Implementation Guidelines, the cost of which
tests shall be borne by the applicant, and which shall be observed by a District
representative or agent; and
8. The results
of water quality tests as specified by the Implementation Guidelines, the cost
of which tests shall be borne by the applicant; and
9. An evaluation
of the hydrogeologic information in the manner and
form required in the Implementation Guidelines.
This evaluation shall be prepared by a qualified individual or firm as
determined by the District. Qualified
consultants shall include a certified hydrogeologist,
a registered geologist with a specialty in hydrogeology, a certified
engineering geologist with a specialty in hydrogeology, or a registered civil
engineer with a specialty in hydrogeology; these specialists shall be certified
in or registered by the State of
10. The applicable
fees prescribed in Rule 60.
Amended and renumbered by Ordinance No. 96 (3/19/2001),
amended and renumbered by Ordinance No. 118 (12/13/04)
B. APPLICATION FOR PERMIT
TO EXPAND/EXTEND A WATER DISTRIBUTION SYSTEM
The applicant for a Permit to
Expand/Extend a Water Distribution System shall submit the following:
1. A completed written
application in the manner and form prescribed by the Implementation Guidelines;
and
2. For those
potable system applications for which a building permit is pending, complete
architectural drawings that reflect water use pursuant to Tables 1 or 2 of Rule
24, together with any amendment, addition, or
modification of those drawings which may be made prior to
use or occupancy of the project, and any drawings which may be submitted to the
municipal unit for
land use or building approvals, and a statement of near-term need for the
proposed expansion/extension; and
3. For subpotable systems, and for exterior use for all systems,
an itemized estimate of water use in the form of a landscape budget or other
alternate water demand estimate as approved by the General Manager; and
4. Architectural
drawings for each change in the project made prior to use or occupancy which
may affect the project’s capacity to use water;
and
5. The
applicable fees prescribed in Rule 60; and
6. The
connection charge prescribed in Rule 24.
Amended and renumbered by Ordinance No. 96 (3/19/2001),
amended by Ordinance No. 118 (12/13/04)
C. APPLICATION FOR AMENDMENT TO PERMIT
The applicant shall submit the following:
1. A completed written
application in the manner and form prescribed by the General Manager, under
Rule 22 or Rule 23 as appropriate to the proposed amendment. An amendment to a water distribution system
permit under Rule 22 E shall require the signature of the system owner. When the application involves the expansion
or annexation to an existing water distribution system service area the
application shall be processed as an amendment of the Permit to Create/Establish a Water
Distribution System. When the
application involves expansion of the water distribution system beyond its
prior authorized system capacity (annual production) limit or its prior
authorized expansion capacity (connection) limit, the application shall be
processed as an amendment of the Permit to Create/Establish a Water
Distribution System.
2. No owner or operator of a water
distribution system shall modify, add to or change his/her source of supply,
location of uses, change annual production or connection limits, or expand the
service area unless that person first files an application to do so with the
District and receives an amended creation/establishment permit.
3. The fee
prescribed in Rule 60.
4. The
applicable connection charge prescribed in Rule 24, Connection Charges.
Amended and renumbered by Ordinance No. 118 (12/13/04)
D. APPLICATION FOR APPEAL
1. A complete
written application in the manner and form prescribed by the General Manager.
2. The fee
prescribed in Rule 63.
E. APPLICATION FOR VARIANCE
1. A complete
written application in the manner and form prescribed by the General Manager.
2. The fee
prescribed in Rule 63.
3. Applicable
fees prescribed in Rule 60.
F. NAME CHANGES
An applicant or permit holder’s name
or identifying information may be changed without
charge, and in such circumstances a revised permit may be issued.
Added by Ordinance No. 1 (2/11/80), amended by Ordinance No.
3 (7/11/80), Ordinance No. 5 (4/13/81), and Ordinance No. 8 (1/14/82); formerly
Rule 203, renumbered by Ordinance No. 6 (5/11/81); amended by Ordinance No. 26
(9/8/86); amended by Ordinance No. 71 (12/20/93); amended by Ordinance No. 96
(3/19/2001)
RULE 22 - ACTION ON APPLICATION FOR PERMIT
TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
A. PROCESS
1. Potable Water
Distribution Systems and
a. The General Manager (or
staff designee) shall review each
application to create or establish a water distribution
system designed to deliver potable water, or any mobile water
distribution system; if the application is determined to be complete pursuant
to the Implementation Guidelines, the General Manager shall act within thirty
(30) days subsequent to satisfaction of environmental review,
to set a public hearing by the
board on the application for such permit, and shall notify the applicant in
writing and give public notice of the hearing date. If the application is
determined to be incomplete, the General Manager shall notify the applicant
concerning that information in which the application is deficient and request
the applicant to submit that information.
At the hearing, the applicant shall be entitled to present evidence in
support of the application. Interested
persons may present evidence
in opposition or support of the application.
The board, in conducting the public hearing, may request hydrologic,
geologic, legal opinions or other studies necessary to obtain information
required for its decision. The cost of
such studies shall be borne by the applicant.
For every application for which a controversy, based on
factual evidence already in the record or introduced into the record, arises
concerning the extent or adequacy of water rights, the board may require and
will specify additional documentation needed to support each water right
claim. The board will continue the public
hearing on the application until the specified information is provided by the
applicant. The board may deny, approve,
or continue any permit application based on the minimum standards as set forth
in Rule 22-C and its findings pursuant to Rule 22-B. The board may impose such conditions on the
permit that it deems necessary and proper.
The General Manager shall notify the applicant within thirty (30) days
in writing by mail or in person of the board
action taken; namely continuance, approval, conditional approval, or
denial. Notice of the action taken shall
be deemed to have been given when the written notification has been deposited
in the mail, postpaid, addressed to the address shown on the application, or
when personally delivered to the applicant or the applicant’s
representative.
b. In the case
of single-connection water distribution system applications for potable or subpotable water use, the General Manager or designated
staff member, not the board, shall function as the
hearing officer as set forth in Rule 22-A-2.
2. Single-Connection
Water Distribution Systems
a. The General
Manager (or staff designee) shall review each application to create or establish a water distribution
system that is designed to deliver water exclusively for single-connection
systems, and applications that meet the criteria in 22-A-1 (b) above; if the
application is determined complete, the General Manager shall act within thirty
(30) days subsequent to satisfaction of environmental review,
(i) to determine if a hearing exemption applies as
provided in Rule 22-A-2 (b) below, and if not (ii) to set a public hearing on the
application for that permit, and shall notify the applicant in writing and give
public notice of the hearing date. If
the application is determined to be incomplete, the applicant shall be notified
as to information in which the application is deficient and allowed to submit
that information.
At the hearing, the General Manager or staff designee shall sit as the sole
hearing officer. The applicant and any
interested person shall be
entitled to present evidence in opposition or support of the application. The General Manager in
conducting the public hearing, may request
hydrologic, geologic, legal opinions or other studies necessary to obtain
information required for his decision.
The cost of such studies shall be borne by the applicant. For every application for which a controversy, based on
factual evidence already in the record or introduced into the record, arises
concerning the extent or adequacy of water rights, the General Manager may
require and will specify additional documentation needed to support each water
right claim. The General Manager will continue the public
hearing on the application until the specified information is provided by the
applicant. The General Manager may deny,
approve, or condition any permit application
based on the minimum standards as set forth in Rule 22-C and findings pursuant
to Rule 22-B. Conditions on the permit may
be imposed as are necessary and proper.
The General Manager shall notify the applicant within thirty (30) days in
writing by mail or in person of the action taken; namely continuance, approval,
conditional approval, or denial. Notice
of the action taken shall be deemed to have been given when the written
notification has been deposited in the mail, postpaid, addressed to the address
shown on the application, or when personally delivered to the applicant or the
applicant’s representative. The decision
may be appealed to the board of directors
pursuant to Rule 70, “Appeals,” upon payment of the fee specified in Rule 63
(4).
Permits granted under this provision may be appealed to the
board of directors for a de novo hearing.
That hearing shall convene under
the rules of process set in Rule 70, “Appeals.”
The fee specified in Rule 63 (4), however, shall be waived.
Amended by Ordinance No. 96 (3/19/2001)
B. FINDINGS
In order to protect public trust resources,
prior to making its discretionary decision to grant or deny any permit to create or establish any water distribution
system, or to create or establish any mobile water
distribution system, the board (or the General Manager for
certain systems) shall determine:
1. Whether the
system for which a permit is sought would cause unnecessary duplication of the
same types of services by any existing system; and
2. Whether the
permit would result in exportation or importation of water outside or into the District; and
3. Whether the
proposed water distribution system would result in significant environmental
effects that cannot be mitigated by conditions attached to the permit; and
4. Whether the
application adequately identifies the claim of right for each source of supply
for the water distribution system, whether it provides adequate supporting
verification documentation thereto, and/or whether the system relies on any
non-existent or questionable claim of right; and
5. Whether the
application demonstrates the existence of a long-term reliable source of
supply; and
6. Whether the
source of supply is shared by any other water distribution system, and if so,
the extent to which cumulative impacts may affect each source of supply, and
species and habitat dependent upon those sources of supply; and
7. Whether the
source of supply derives from (a) the Monterey Peninsula Water Resources
System, and/or (b) waters within the jurisdiction of the
State Water Resources Control Board, and/or (c)
waters tributary to the source of supply for any other system; and
8. Whether the
proposed water distribution system (a) shall intertie
to any other system, (b) shall be able to obtain emergency supplies in the
event of system failure, (c) shall provide fire flow requirements for
development served by that system; and (d) the extent other water distribution
systems shall be required to provide emergency supplies and/or meet fire flow
requirements; and
9. Whether the
proposed water distribution
system shall incorporate
adequate cross contamination and backflow measures to protect other systems and
sources of supply.
Amended and renumbered by Ordinance No. 96 (3/19/2001)
C. MINIMUM STANDARDS FOR GRANTING PERMIT
An application may be considered for
approval if it complies with each of the following minimum standards; if any
one of the following standards is not met, the application shall be denied:
1. The
application identifies at least one responsible party who,
at all times, will be available and legally responsible for the proper
performance of those things required of a permit holder by this
ordinance.
2. The ability
of the source of supply for any water distribution system designed to deliver
water for any potable use to other than a single-parcel connection system, to
provide water that complies with the standards set forth in Title 22 of the
California Administrative Code.
3. The
application identifies the location of each source of supply for the water
distribution system, and the location of each use supplied by a mobile
distribution system.
4. The proposed
water distribution system will not create an overdraft or increase
an existing overdraft, unless a valid superior right is proven.
5. The proposed
water distribution system will not adversely affect the ability of existing
systems to provide water to users unless a valid superior right is proven.
Amended and renumbered by Ordinance No. 96 (3/19/2001);
amended by Ordinance No. 105 (12/16/2002)
D. MANDATORY CONDITIONS OF APPROVAL
1. When the
board or hearing officer approves the permit, it shall establish for each
system: (i) an
expansion capacity limit, which
sets the total number of connections which can be served; (ii) a system capacity limit,
which sets the maximum annual production in acre-feet per year; and (iii) a municipal unit (jurisdiction)
allocation. In addition to the
following mandatory conditions, the board or hearing
officer may impose other conditions in granting the permit:
a. permit shall
designate geographic boundary of water distribution system service area,
including Assessor’s Parcel Numbers;
b. permit shall
identify authorized use of water distribution system (e.g., potable, subpotable, residential, commercial, and/or other types of
use);
c. permit shall
identify approvals by other agencies that shall be obtained before water
distribution system permit is finalized or vested;
d. applicant shall execute an
indemnification agreement that hold the District harmless, and
promises to defend the District from any claims, demands, or expenses of any
nature or kind arising from or in any way related to the adequacy of the water
supply of the system;
e. applicant
shall comply with all District rules relating to water well
registration, metering and reporting;
f. applicant
shall comply with all District water conservation ordinances; this may include
requirements for installation of low-flow fixtures or drought tolerant
landscaping;
g. applicant
shall comply with District regulations that govern water meter connections, including
payment of applicable fees;
h. permit shall
identify whether interties to other systems are
allowed and shall identify restrictions or prohibitions on such interties, including devises to prevent cross-contamination
of systems;
i. permit shall identify which mitigation
measures, if any, are required to address potential adverse environmental
impacts associated with the proposed water distribution system, and specify
funding mechanism, if applicable;
j. applicant
shall provide copy of agreement(s) to serve water to recipient parcels, if a
multi-connection system;
k. applicant
shall receive a District permit prior to intensifying or expanding the approved
water distribution
system;
l. applicant
shall pay to the District the invoiced cost for MPWMD staff time
(pursuant to Rule 60) to process the permit, as documented in billing logs,
before the permit is finalized;
m. applicant
shall sign an “Acceptance of Permit Conditions” form upon finalization of permit
conditions, wherein the applicant states that he/she understands and accepts
the conditions as a binding part of the permit approval, and agrees to carry
out the conditions in good faith; the permit is not valid until the signed form
is received from the applicant;
n. permit shall
state that the permit is subject to
revocation in the event the applicant does not comply with the provisions set
forth in each condition in this Rule.
2. Every
applicant as a condition to holding a permit pursuant to this rule shall report
annually in the form and manner prescribed by the District: (i) the quantity of water delivered from each source of
supply, (ii) the total water produced, (iii) the maximum number of connections
in the system, (iv) the number of new connections and disconnections, (v)
provide a map or maps of the service area, and (vi)
list the identity and address of each responsible party as
of September 30th of the previous year.
Amended by Ordinance No. 118 (12/13/04)
3. As a
condition precedent to use or enjoyment of any permit pursuant to this rule,
each applicant shall be required to
first obtain and comply with any required approval from the local jurisdiction in which
the property is located; and if applicable, obtain and comply with a
certificate from the California Public Utilities Commission, or a coastal
development permit or other approvals pursuant to the California Coastal Act. Failure to comply with this prerequisite
shall provide cause for revocation of any permit issued pursuant to this rule.
4. For permits
issued after January 15, 2003, construction tasks for facilities authorized in
the MPWMD water distribution
system permit shall be initiated within one year (365 days except 366 days for
leap years) from the date the permit is issued.
The permit shall expire if no action is taken within that year. Permitted construction tasks shall be completed and water
distribution system operation shall commence within two years from the date the
permit is issued. The permittee may apply in writing
to the General Manager for a
180-day extension to the project initiation deadline and/or the system
operations commencement deadline, to be approved at the discretion of the
General Manager.
Added by Ordinance No. 96 (3/19/2001); added and amended by
Ordinance No. 105 (12/16/2003)
E. AMENDMENTS TO PERMIT
No owner or operator of a water
distribution system shall modify, add to or change his/her source of supply,
location of uses, expand the system beyond the system capacity (annual
production) limit or the expansion capacity ( connection)
limit, or expand the service area including annexations, unless that person first files an
application to do so with the District and receives
an amended creation/establishment permit. Such applications shall be made
pursuant to Regulation II (Permits), shall comply with each rule therein, and
shall be investigated, considered, determined and acted upon on the same terms
and conditions as provided for the approval, conditional approval, or denial of
a permit, as provided in this rule.
Amended by Ordinance No. 96 (3/19/2001); Added by Ordinance
No. 1 (2/11/80), amended by Ordinance No. 2 (3/11/80), Ordinance No. 6
(5/11/81), and Ordinance No. 8 (1/14/81); formerly Rule 210, renumbered by
Ordinance No. 6 (5/11/81); amended by Ordinance No. 96 (3/19/2001), amended by
Ordinance No. 118 (12/13/04)
F. CANCELLATION OF
APPLICATIONS
In processing an application for a Permit to Create/Establish a Water
Distribution System, an applicant who receives an incomplete letter must
provide the needed information within the period of time specified in the
letter. Failure to comply shall result
in cancellation of the application, without prejudice.
Added by Ordinance No. 118 (12/13/04)
G. CANCELLATION OF
UNISSUED PERMITS
A successful applicant must execute the indemnification
agreement required by Rule 22 D 1 (d), pay all applicable fees as required by
Rules 22 D 1 (g) and (l), sign the Acceptance of Permit Conditions pursuant to
Rule 22 D 1 (m), and comply with all conditions precedent within sixty (60)
days from permit approval. The General Manager shall
cancel, without prejudice, any unissued permit that
does not meet these requirements.
Added by Ordinance No. 118 (12/13/04)
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Downloaded from LSG Mar 29, 2005 (with HS corrections added)