EXHIBIT 2-A
PRELIMINARY DRAFT
(May 19, 2009)
ORDINANCE NO. ___
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
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
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.
4.
Under SWRCB Order No. WR 95-10, CAW was ordered to
reduce its historical diversion from the
5.
By order of the Superior Court in California American
Water v. City of
6. At this time, the Water Management District Rules & Regulations do not allow the use of “dual plumbing systems” whereby a single structure relies upon water from more than one Source of Supply due to concerns regarding public health and safety, system maintenance, regulatory consistency, and monitoring during a drought. The District now believes dual sources of supply within a structure should be allowed with the proper controls to address these concerns. The current District practice allows dual sources of supply for separate structures and/or for outdoor irrigation.
7.
This measure is intended to enable the installation and
use of dual plumbing whereby a single structure relies upon water from more
than one Source of Supply as a means to reduce the use of water that is subject
to the limits of SWRCB Order No. WR 95-10 and/or the adjudication order of the
Superior Court in California American Water v. City of
8. Lack of adequate water supply adversely affects the economic well-being of citizens within the Water Management District. To address this concern, the District desires to encourage creative, yet responsible, use of alternative water sources to meet the needs of water consumers within the District.
9.
Installation and use of dual plumbing systems supports
the Water Management District’s
11. This ordinance shall be reviewed and approved under the California Environmental Quality Act (CEQA) based upon a Negative Declaration.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance shall be known as the 2009 Dual Plumbing Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the Water Management District Rules & Regulations to allow installation and use of dual plumbing systems so that a single structure may rely upon water from more than one Source of Supply, and enacts conditions upon such installation and use.
Section Three: Amendments to Rule 11
Rule 11, Definitions, shall be amended as shown below, with added language as shown in bold italic type face.
DUAL
PLUMBING – “Dual Plumbing” shall mean all internal water pipes on the User’s
side of any Connection within a single structure where the structure receives
some or all of its water supply from two or more separate Sources of Supply.
Section Four: Amendments to Rule 23, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System
Rule 23, Action on Application for a Water Permit to Connect to or Modify an Existing Water Distribution System, shall be amended as shown below, with added language as shown in bold italic type face.
A. A new sub-subparagraph shall be added to Rule 23-A-1 (Process), as shown in bold italic type face.
q. The General Manager shall not issue a Water Permit which
results in installation of Dual Plumbing within a single structure without
first requiring and imposing on that Water Permit each of the conditions set
forth in subparagraph 4 of this Rule 23.
B. The following text shall be added as Rule 23-A-4, as shown below in bold italic type face.
4. Permits for Dual Plumbing. Where two or more Water Distribution Systems
provide water to a single Site or structure, the following shall apply:
a. Whenever
practicable, a single Water Distribution System shall provide the sole source
of water to each Site. If this is not
practicable, no more than one Water Distribution System shall provide the sole
source of water to each detached structure such as a garage, building, guest
house or other structure on a parcel, except as may be provided by subparagraph
b below.
b. When
it is not practicable for each site or separate structure to satisfy its entire
water needs from a single Water Distribution System as required by subparagraph
23-A-4-a, above, more than one Water Distribution System may provide water to a
single structure provided the Applicant clearly establishes that each Water
Distribution supplies water to separate, discrete and clearly identified and
designated portions of that structure, as approved by the General Manager.
c. A
Water Permit using Dual Plumbing shall be approved only when the following
conditions shall be met:
(1) Two or more water
sources shall not intermingle or otherwise form a single integrated plumbing
system;
(2) No Water Use Fixture
within the structure shall receive water from more than one Water Distribution
System;
(3) Interior pipes
connected to each Water Distribution System shall be clearly identified as
being associated solely and exclusively with that plumbing system. In addition to physical marking and/or
coloring on a pipe to identify the Water Distribution System, water fixtures
supplied by each plumbing system shall be set forth on the Water Permit and
made a matter of record and set forth by deed restriction.
c. Prior
to issuance of any Water Permit related to Dual Plumbing that may enable indoor
access to water from more than one Water Distribution System, the Monterey
County Health Department (MCHD) shall first provide written verification that
the water quality of each Water Distribution System meets state health
standards for indoor potable use, and that the MCHD does not oppose access to the
proposed Sources of Supply within that structure.
d. Prior
to issuance of any Water Permit related to Dual Plumbing that may enable indoor
access to water from more than one Water Distribution System, the Owner or
Operator of each affected Water Distribution System shall first provide written
verification that it does not oppose installation of Dual Plumbing in that
structure, and that adequate backflow devices shall be installed and maintained
to protect each Water Distribution System.
e. Prior
to issuance of any Water Permit related to Dual Plumbing that may enable indoor
access to water from more than one Water Distribution System, the Jurisdiction
in which the structure is located shall first provide written verification that
each Water Distribution System complies with its regulations, and that the
Jurisdiction does not oppose access to the proposed Sources of Supply within
that structure.
f. Water
Permits affecting the
g. Any
Water Permit related to Dual Plumbing that enables indoor access to water from
more than one Water Distribution System shall require each water Distribution
System delivering water the structure to have a separate Connection. Each Connection shall be separately metered. The Owner or Operator of each Water
Distribution System shall make an accurate account of Water Use through each
Connection, and report this amount to the General Manager on an annual or more
frequent basis, as directed by the General Manager. The property owner shall consent to the
release of this data, and the continuing requirement to provide the data shall
be recorded by deed restriction for the duration of the Water Permit.
h. All
Water Use from any Water Distribution System providing water under the Dual
Plumbing Water Permit shall be subject to conservation and rationing requirements
pursuant to District Regulations XIV and Regulation XV.
i. Where
more than one Water Distribution System provides water to a single site or
structure, no interconnection shall be allowed or constructed between the Water
Distribution Systems.
(a) Plumbing shall not allow water to intermingle
or the pipes to form a single integrated plumbing system.
(b) Each water use fixture shall be plumbed
exclusively to a single Water Distribution System.
(c) A backflow prevention device shall be
installed and maintained on the customer side of any water meter that is connected
to a multiple user Water Distribution System (i.e. California American Water,
Seaside Municipal Water Co., etc.).
j. Plumbing
connected to each Water Distribution System shall be maintained in good
repair. Markings that identify piping
associated with each Water Distribution System shall be clearly placed a
maximum of 6 inches apart on all new interior water pipes when Dual Plumbing is
installed. Interior plumbing associated
with each Water Distribution System shall not be modified or abandoned without
the express written permission from the District, and amendment of the Water
Permit.
k. Should
water supply from any Water Distribution System supplying water pursuant to a
Dual Plumbing Water Permit be interrupted as to quantity, or as to quality needed
to meet state health standards for indoor potable use, the property owner
and/or Operator of the Water Distribution System shall provide written
notification to the General Manager and to the Monterey County Department of
Environmental Health within ten (10) working days of the circumstance, and
describe specific actions and timelines that shall be taken to correct the
situation. The General Manager may Permit temporary use of water
from an alternate Source of Supply for a period not to exceed sixty (60) days
to enable repair of the disabled system pursuant to Rule 23. An extension of time not to exceed one
hundred twenty (120) days thereafter may be granted by the General Manager to
enable repair of the Water Distribution System.
Further extensions of time may be granted by the Board of Directors upon
a reasonable showing of cause. The Board
may place conditions upon any such an extension.
l. Should
water supply from any Water Distribution System supplying water pursuant to a
Dual Plumbing Water Permit fail, and all reasonable good-faith efforts are not
sufficient to repair, restore or replace the system, the property owner and/or
Operator of the Water Distribution System shall provide written notice to the
General Manager, and upon his approval, may apply for a Water Permit to either
(1) enable the remaining system to serve the full water needs of the site, or
(2) enable an alternate Water Distribution System provide a Source of Supply
for the Dual Plumbing Water Permit. No
requirement applicable to the review and granting of the Water Permit shall be
waived. As a condition precedent to the
application, the General Manager shall concur that reasonable good-faith
efforts are not available to repair, restore or replace failing system. This decision may be appealed to the Board
pursuant to Rule 70.
m.
If a Water Distribution System fails to supply the quantity and/or quality of potable
water required to fulfill the Water Permit associated with Dual Plumbing, and
replacement is not available in accord with subparagraphs “k” or “l” above, the
General Manager shall revoke the Water Permit, in whole or in part, so that the
remaining Water Permit correlates to the quantity and quality of potable water
available to the Site. The General
Manager shall also “red tag” the property and seek a civil injunction,
restraining order or other remedial action so that Water Use does not exceed potable
water available to the Site. The
decision of the General Manager to revoke the Water Permit may be appealed to
the Board pursuant to Rule 70, but such appeal shall be consolidated with any
appeal brought under subparagraph l, above.
n. The
recordation of the following deed restrictions shall be completed as a
condition of any Water Permit that authorizes Dual Plumbing:
(1) Limitation
of Use of Water on a Property
(2) Public
Access to Water Use Data
(3) Any other deed restriction(s) appropriate
to the Water Permit application.
o. Failure
to comply with each condition imposed pursuant Rule 23 shall provide cause for
revocation of the Water Permit.
Section Five: Amendments to Rule 24, Adjustment of Calculations Where Special Circumstances Exist
Rule 24-E shall be amended as shown below, with added language shown in bold italic type face, and deleted language shown in strikeout type face.
E. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL
CIRCUMSTANCES EXIST
1. The
General Manager may reduce (or increase) the Adjusted Water Use Capacity when
Special Circumstances exist with respect to the anticipated water consumption
resulting from that Permit. Special
Circumstances shall be deemed to exist in the following circumstances:
a. After
project completion and verification that Sub-potable Water or untreated Well
water is the exclusive supply for all exterior uses, the General Manager may
make a proportional adjustment for the final Adjusted Water Use Capacity and
shall refund that portion of the Connection Charge and the portion of water
debited from an Allocation or Water Entitlement.
b. Projects
that utilize water in conjunction with a manufacturing process.
c. Non-Residential
projects owned by a Public entity.
d. Where Dual Plumbing exists within a
single structure.
2. The
preliminary Estimated Annual Water Use Capacity Adjustment shall operate to
exact a Connection Charge as it relates to the increment of water which is
projected to be available to and subject to use by the Applicant as a function
of the Connection or the use of water.
In the absence of a comparable water use factor on Table 2, the General
Manager may make this adjustment based upon projected use figures supported by
historical use or other relevant documentation.
In the absence of Special Circumstances, calculation of the Estimated
Annual Water Use Capacity shall be made by use of Non-Residential Water Use
Factors shown on Table 2.
3. The
General Manager shall be granted authority to factor Adjusted Water Use
Capacity and Connection Charges for Industrial and Public Projects based upon
the actual average annual water use record following 60 months of occupancy and
use without the necessity of a hearing before the Board of Directors. The process shall require payment of an
estimated Connection Charge and corresponding Allocation or Water Entitlement debit.
The final Connection Charge and corresponding Allocation or Water Entitlement
debit shall be adjusted upon the actual annual water use record for that
Connection.
4. For all
situations where the General Manager finds Special Circumstances with Substantial Uncertainty
exist regarding the Estimated Annual Water Use Capacity proposed by the permit
Applicant, the Board shall consider approving a Water Permit upon payment of an
estimated Connection Charge and corresponding Allocation or Water Entitlement
debit. The final Connection Charge and corresponding Allocation or Water Entitlement debit shall
be adjusted upon the actual average annual water use record for that
Connection.
5. This Rule
shall not apply where a single meter supplies more than one water User.
6. All
Water Permits issued with a finding of Special Circumstances shall be subject
to the following conditions:
a. A deed
restriction listing the conditions of the Permit shall be recorded on the
property prior to issuance of a Water Permit.
b. By written
communication, the Jurisdiction shall authorize the District to issue a Water
Permit based on a finding of Special Circumstances consistent with CEQA
compliance for the approved Project.
c. The
Jurisdiction shall acknowledge in writing to the District that annual average
water use above the preliminary Estimated Annual Water Use Capacity shall
either result in a debit to its Allocation or shall require additional action
to reduce or offset water use as authorized by the District Board.
d. Approval
of Special Circumstances with Substantial Uncertainty is valid for
thirty-six (36) months. The project
shall be completed within thirty-six (36) months of District approval. One extension of time for twelve (12) months
will be granted by the General Manager upon evidence of due diligence by the
Applicant.
e. The
Project shall be exclusively equipped with all reasonable conservation measures
as determined by the General Manager.
f. The
property owner shall agree to allow public access to water consumption records
for the life of the Project. Access
shall be authorized by recordation of the appropriate deed restriction.
g. A detailed
landscape plan and Landscape Water Budget that complies with requirements set
forth in Regulation II and Regulation XIV,
including the MAWA calculation and the Estimated Applied Water calculation, shall be included with the Water Permit application.
h. Prior to
issuance of a Water Permit, the Water Permit Applicant shall submit Connection
Charges and processing fees as outlined in Rule 24 and Rule 60.
i. A water
meter shall be installed to monitor all exterior water
use, apart from any interior use. In-line
water meters for water using equipment may be required as a condition of
approval. District staff shall have access to the water
meters and consumption reports upon reasonable request.
j. The
property owner or his agent shall annually complete and submit a Special
Circumstances Review Form and applicable attachments to the District by
February 1. The Special Circumstances
Review Form shall require the property owner to provide information about the
Project’s annual water use and practices, copies of the past year’s water
bills, information about the performance of any special appliances, and other
information useful in reviewing Project-related water demand. The Special Circumstances Review Form shall
be submitted each year during construction and for ten years following full
occupancy after completion of the Project.
k. Water use
will be reviewed annually after occupancy.
If actual water use exceeds the preliminary Water Use Capacity estimate
during any annual review, the District will debit the Jurisdiction’s Allocation
for the difference. At the end of the
monitoring period, if the average annual water use exceeds the preliminary
Water Use Capacity estimate, the District will determine whether the
Jurisdiction shall transfer some of its Allocation to the Project, or whether
the Applicant shall pay the cost of District-approved water conservation
projects within the District or on the Project Site to establish Water Use
Credits to offset the increased increment of water needed by the Project.
l. The
Applicant and any successor in interest to the Water Permit shall enter into an
indemnification agreement with the District, whereby the Applicant agrees to
indemnify, defend and hold harmless the District from any and all legal and
financial responsibility that may arise in connection with approval of the
application, including but not limited to attorney’s fees and costs that the
District may incur.
7. For all
situations where the General Manager finds Special Circumstances with Substantial Uncertainty
exist regarding the Estimated Annual Water Use Capacity proposed by the permit
Applicant, the Board shall consider approving a Water Permit upon payment of an
estimated Connection Charge and corresponding Allocation or Water Entitlement
debit. Conditions required for Special
Circumstances shall also apply to Special Circumstances with Substantial
Uncertainty.
The final Connection Charge and corresponding Allocation
or Water Entitlement debit shall be adjusted upon the actual average annual
water use record for that Connection.
78. The Board shall specify the appropriate
number of years to monitor actual annual water use when it finds Special
Circumstances with Substantial Uncertainty exist.
9. By written communication, the
Jurisdiction shall authorize the District to issue a Water Permit based on a
finding of Special Circumstances consistent with CEQA compliance for the
approved Project.
10. The Jurisdiction shall acknowledge in
writing to the District that annual average water use above the preliminary
Estimated Annual Water Use Capacity shall either result in a debit to its
Allocation or shall require additional action to reduce or offset water use as
authorized by the District Board.
11. Water use will be reviewed annually after
occupancy. If actual water use exceeds
the preliminary Water Use Capacity estimate during any annual review, the
District will debit the Jurisdiction’s Allocation for the difference. At the end of the monitoring period, if the
average annual water use exceeds the preliminary Water Use Capacity estimate,
the District will determine whether the Jurisdiction shall transfer some of its
Allocation to the Project, or whether the Applicant shall pay the cost of
District-approved water conservation projects within the District or on the
Project Site to establish Water Use Credits to offset the increased increment
of water needed by the Project.
812. In all applications where evidence does not
support the finding that Special Circumstances with Substantial Uncertainty
exist regarding a Project’s Water Use Capacity, it shall be presumed that the
Non-Residential Water Use Factors as shown on Table 2 apply to the Permit.
913. Determinations of the General Manager
pursuant to this Rule may be appealed to the Board.
Section Seven: 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.
A. This ordinance shall take effect at 12:01 a.m. on the first day of the month that commences thirty (30) days after it has been enacted on second reading.
B. This Ordinance shall not have a sunset date.
Section Nine: Severability
If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
On motion by Director __________, and second by
Director ____________, 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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