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RULES AND REGULATIONS REVIEW
COMMITTEE |
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3. |
DEVELOP RECOMMENDATION TO
THE BOARD REGARDING FIRST |
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Meeting
Date: |
June 18,
2009 |
Budgeted: |
N/A |
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From: |
Darby Fuerst, |
Program/ |
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General Manager |
Line Item
No.: |
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Prepared
By: |
Henrietta Stern |
Cost
Estimate: |
N/A |
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General
Counsel Approval: Counsel has not
reviewed the ordinance as of this writing |
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Committee
Recommendation: |
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CEQA Compliance: CEQA
Exemption, Guidelines 15301 for Existing Facilities |
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SUMMARY: The Committee will consider the first reading of an ordinance that creates a new exemption in Rule 20-C, Exemptions, for pre-existing, non-conforming Water Distribution Systems (WDS). Exhibit 3-A is the first draft of the proposed Ordinance XX to address certain limited, unique situations in which normal application of the MPWMD Rules & Regulations are not reasonable or practical, or involve retroactive application of the rules to situations which have already existed for several years, based on previous approvals by MPWMD and other local jurisdictions. This ordinance was elicited by a Pre-application for a long-standing water system in the alluvial aquifer that has a unique and complex history. Counsel advised staff that consideration of this ordinance made the most sense in this case, and in rare similar situations which could potentially arise. The exemption does not allow additional water use as compared to past use, or substantive changes to the system characteristics. A production and connection limit baseline would be established pursuant to Rule 20 and Rule 40.
RECOMMENDATION: Staff recommends that the Committee recommend that the Board approve the first reading of the Ordinance XX.
EXHIBIT
3-A First Draft Ordinance No. XX
U:\staff\word\committees\RulesRegsReview\2009\20090618\03\item3.doc