EXHIBIT 5-A
First Reading Draft
ORDINANCE NO. 145
An Ordinance
of the Board of Directors
of the
Monterey
Peninsula Water Management District
Clarifying
and Amending Regulations Pertaining to
Permits, Conservation
and Enforcement
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
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
4.
5.
Under SWRCB Order No. WR 95-10, California American
Water was ordered to reduce its historical diversion from the
6.
California American Water v. City of
7. This ordinance adds two new definitions that reinstatement former definitions deleted by Ordinance No. 141. Counsel requested that these terms be reinstated because the terms show up in older deed restrictions.
8. This ordinance adds four new definitions that are directly from the State Model Efficient Landscape Ordinance adopted by the Board in November 2009. These additions to the District’s Rules clarify language related to outdoor water use calculations in Rule 24.
9.
This ordinance amends definitions for “Abandoned Well”
and “Inactive well” to be consistent with the language currently in laws
promulgated by the State of
10. This ordinance adds a definition for Rainwater Harvesting Capacity to explain how water catchment calculations are to be conducted.
11. This ordinance amends ten existing definitions including:
a. Clarifications to four definitions to assist with field inspections (Bar Sink Entertainment Sink, Kitchen Sink and Vegetable Sink).
b. Maximum Applied Water Allowance is amended to be consistent with the State Model Water Efficient Landscape Ordinance adopted by the Board in November 2009.
c. Non-Essential Water Use is amended to include charity car washes.
d. The measurement of a Water Unit in the California American Water system is changed from 748 gallons to 74.8 gallons as changed with the approval of the last General Rate Case.
e. Water Waste is amended to include washing livestock without a Positive Shut-Off Nozzle. This generally pertains to large livestock locations such as the fairgrounds and equestrian centers.
12. This ordinance amends the permitting processes for fractured rock wells and Water Distribution Systems (WDS) and adds provisions that: (a) require all new WDS permittees to allow their wells to be monitored by MPWMD for water levels and meter readings; (b) clarify that all owners of wells do not have access to California American Water (CAW) water until there is full compliance with SWRCB Order 95-10 and the Seaside Basin adjudication, and a water allocation is available from the affected jurisdiction; and (c) change exemption criteria to allow a well to be inactive for only three years (not 10); and (d) require any exempt well to have a proper MPWMD hydrogeology assessment within three years. There are also a few housecleaning items. These changes reflect current practice as well as coordination with the Monterey County Health Department (MCHD).
13. This ordinance adds new text to Rule 20-C requiring that all fractured rock wells and all wells providing potable supply must have a current (within three years) pumping test performed pursuant to MPWMD protocol. It shortens the timeline for replacement of an inactive well from 10 to three years. The purpose is to avoid approval of a well that was never tested adequately, which puts the property owner and water resource at risk.
14. Text has been added to Rule 22-D-1-h that has been part of WDS Permit Conditions of Approval for the past several years, to formalize the fact that there shall be no “bailouts” of a failed well system with CAW water until CAW’s supply is fully lawful.
15. This ordinance adds Rule 22-D-1-o requiring access by MPWMD to wells for data collection and inspection purposes.
16.
This
ordinance revises Rule 22-D-4 to help avoid confusion by applicants
regarding the term “facilities” in the current rule, with emphasis on the
permitted water system and not the entire proposed project.
17. This ordinance clarifies Rule 20-B-6 to incorporate current practices that exempt unenclosed structures and temporary structures from Water Permit requirements.
18. This ordinance also amends Rule 20-B-6 to include a requirement for a Water Permit for use of a Mobile Water Distribution System (i.e., trucked water). A subsequent ordinance will more fully address the process for permitting these systems.
19. This ordinance clarifies that the District will stamp the Landscaping plans submitted for a Water Permit and that an electronic copy will be maintained by the District for future reference. This is consistent with the State Model Water Efficient Landscape Ordinance.
20. This ordinance adds a requirement for a deed restriction allowing access to water records at any property that applies for a Water Permit that requires at least one deed restriction. This will allow the District to access consumption data to validate its permit process and to verify conservation savings. This involves approximately 15 minutes of staff time in addition to legal review. The applicant will pay approximately $65 for the public access deed restrictions costs as part of the permit fees.
21. This ordinance clarifies that the system utilizing water from a single California American Water connection at the boundary of the California American Water Company service area and the Sleepy Hollow Subdivision in Carmel Valley is also known as the Sleepy Hollow Mutual Potable Water Distribution System.
22. This ordinance adds hose bibs to the list of exempt residential water fixtures shown in Rule 24-A-2. Outdoor water use is not determined by the number of hose bibs.
23. This ordinance amends the exterior water use calculations for Residential and Non-Residential uses to be consistent with the State Model Water Efficient Landscape Ordinance. Edits can be found at Rule 24-A-5-a and b.
24. This ordinance amends Rule 24-A-5-a and b to use the Estimated Total Water Use (ETWU) as the appropriate outdoor water demand estimate in place of the Maximum Applied Water Allowance. The ETWU is a more accurate reflection of water use and is required under the State Model Water Efficient Landscape Ordinance.
25. This ordinance implements a minimum outdoor factor of 0.01 acre-foot annually to account for non-irrigation uses such as car washing, window washing, pet watering, etc.
26. This ordinance adds a reduced water demand calculation when rainwater storage is a component of an Irrigation System. The calculation used to determine the reduced demand is conservative and uses dry year data to ensure that water will be available to meet the storage calculation in most years.
27. This ordinance updates Table 3: Connection Charge History to show the Connection Charges for 2007-2011.
28. This ordinance modifies the requirement for third party review of a water savings analysis (Rule 25.5-F-4-d-(2)) to occur only when staff is unable to verify the water savings. At such time, the District will contract for a third party review and will pass the cost to the applicant.
29. This ordinance makes minor clarifications to the Enforcement Regulation at Rule 22-E, Rule 22-F and at Rule 116 where new subparagraph numbering (A and B) have been added.
30. This ordinance replaces the term “laundries” at Rule 143-F with “Clothes Washers” for purposes of achieving Non-Residential Retrofits to High Efficiency Clothes Washers by December 31, 2012.
31. This ordinance was reviewed and supported by the Water Demand Committee on July 21, 2010.
32. 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 July 23, 2010.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2010 Permit,
Conservation and Enforcement Regulation Amendment Ordinance of the Monterey
Peninsula Water Management District.
Section Two: Statement of Purpose
The Monterey Peninsula Water Management District enacts this ordinance to clarify and amend rules found in the permits, conservation, and enforcement regulations of the District. This ordinance also recognizes the reduction in outdoor water demand resulting from the installation of rainwater harvesting systems and modifies the District’s metering requirement for fire suppression systems.
Section Three: Definitions
Unless the
context specifically indicates otherwise, the following words or phrases shall
be given the definitions set forth below and shall be permanently added to or
deleted from Rule 11, Definitions, of the Rules and Regulations of the
District. New and revised text is shown in bold italics (bold
italics) and deleted text is shown in strikeout (strikeout). Numbering is provided for ease of review.
1.
ABANDONED WELL – An “Abandoned Well” is a Well that has
produced no (zero) water for one year or more, unless the owner demonstrates the
intent to use the well again for supplying water by meeting and has
not
met the requirements to be considered an “Inactive Well” in
compliance with Monterey County regulations, and California state law (California Well
Standards).
2.
BAR SINK - “Bar Sink” shall mean a secondary water
basin, 15” x 13” or smaller not used as the primary Kitchen Sink. The term “bar sink” shall have the same
meaning as “entertainment sink” and “vegetable sink.”
3. ENTERTAINMENT
SINK - “Entertainment Sink” shall mean a secondary water basin, 15” x 13” or
smaller not used as the primary Kitchen Sink. The term “Entertainment
Sink” shall have the same meaning as “Bar Sink” and “Vegetable Sink.”
4. ESTIMATED TOTAL WATER USE (ETWU) – “Estimated Total Water Use” is determined based upon the area of Landscaping and the types of plant material used in the Landscaping (as determined by Water Use Classification of Landscape Species (WUCOLS) classifications). The sum of the ETWU calculated for all hydrozones shall not exceed MAWA.
5.
EVAPOTRANSPIRATION ADJUSTMENT FACTOR or ET
ADJUSTMENT FACTOR -- “Evapotranspiration Adjustment Factor” or “ET Adjustment
Factor” (ETAF) shall mean a factor of 0.7, that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation efficiency, two
major influences upon the amount of water that needs to be applied to the
landscape. A combined plant mix with a
site-wide average of 0.5 is the basis of the plant factor portion of this
calculation. For purposes of the ETAF, the average irrigation efficiency is
0.71. Therefore, the ET Adjustment Factor is (0.7) = (0.5/0.71). ETAF for a
special landscape area as defined in the Model Water Efficient Landscape Ordinance shall not exceed 1.0.
ETAF for existing non-rehabilitated landscapes is 0.8.
6.
FRACTURED ROCK – “Fractured Rock” (sometimes
referred to as “fractured bedrock,” “hard rock” or “consolidated rock”) refers
to water-bearing formations with generally limited production and reliability
as compared to the less consolidated mixture of sand, gravel, silt and clay
that characterize fluvial (river-related) strata. Groundwater occurrence and movement within
Fractured Rock formations are primarily controlled by the “secondary porosity”
associated with the fracture openings, as compared to the “primary porosity”
associated with the pore spaces between grains in the granular matrix of
fluvial sediments. In the context of Water Distribution Systems regulated by
MPWMD, “Fractured Rock” refers to non-fluvial source water located outside of
the
7.
INACTIVE WELL – An “Inactive Well” is a Well that has
produced no (zero) water for one year or more, but has not been abandoned as
set forth in and the owner has demonstrated the intent to use the well again for
supplying water by meeting the requirements to be considered an
“Inactive Well” in compliance with Monterey County regulations, and
California state law (California Well Standards). In addition,
in order for a well to be considered “inactive” by MPWMD, the annual
production report must be submitted confirming the inactive status, and a
proper amended Well registration form showing the inactive status must be filed
with the District.
8.
KITCHEN SINK - “Kitchen Sink” shall mean a single
primary
large water basin or multiple interconnected basins located in a room
or part of a room that contains a built-in cooking appliance(s).
9.
LANDSCAPE AREA -- “Landscape Area” means all
the planting areas, turf areas, and water features in a landscape design plan
subject to the Maximum Applied Water Allowance calculation. The landscape area
does not include footprints of buildings or structures, sidewalks, driveways,
parking lots, decks, patios, gravel or stone walks, other pervious or
non-pervious hardscapes, and other non-irrigated areas designated for
non-development (e.g., open spaces and existing native vegetation).
10. MAXIMUM
APPLIED WATER ALLOWANCE – “Maximum Applied Water Allowance” shall mean the calculated
“not-to-exceed” limit of annual applied water excluding rainfall for a mature
Landscaped area. Calculations recommended by the Irrigation Association shall
be used to determine the maximum usage permitted for a Site upper
limit of annual applied water for the established landscaped area. It is based upon the area’s reference
evapotranspiration, the ET Adjustment Factor, and the size of the landscape
area. The Maximum Applied Water Allowance shall be calculated using the
equation: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x
11. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE –
“Model Water Efficient Landscape Ordinance shall refer to the
12. NON-ESSENTIAL WATER USE - “Non-Essential Water Use” shall mean the indiscriminate or excessive dissipation of water which is unproductive, or does not reasonably sustain life or economic benefits. Non-Essential Water Use includes but is not limited to the following:
1. Serving
drinking water to any customer, unless expressly requested, by a restaurant, hotel, café,
cafeteria or other public place where food is sold, served
or offered for sale.
2. Operation
of fountains, ponds, lakes or other ornamental use of Potable water without
recycling.
3. Unreasonable
or excessive use of Potable water for dust control or earth compaction without
prior written approval of the General Manager where non-potable water or other
alternatives are available or satisfactory.
4. Use
of unmetered fire hydrant water by individuals other than for fire suppression
or utility system maintenance purposes, except upon prior approval of the
General Manager.
5. Failure
to meet MPWMD Regulation XIV retrofit
requirements for an existing business after having been given a reasonable
amount of time to comply.
6.
Draining
and refilling of swimming pools or spas except (a) to prevent or correct
structural damage or to comply with public health regulations, or (b) upon
prior approval of the General Manager.
7.
Charity
car washes.
13. RAINWATER
HARVESTING CAPACITY – “Rainwater Harvesting Capacity” shall mean the volume of
storage (expressed in fixture units (Residential) or Acre-Feet
(Non-Residential)) that contains useable rainwater captured from a rooftop(s)
at a Site during a “below average” Water Year.
The useable rainwater supply shall be calculated as 60 percent of the
average annual rainfall for the Site as determined by MPWMD with a capture rate
of 0.623 gallons of rainwater per square foot of catchment area per inch of
rainfall times a runoff coefficient of 0.85[1]. In no circumstance shall the Rainwater
Harvesting Capacity exceed the amount of useable rainwater supply.
14. ULTRA-LOW
CONSUMPTION DISHWASHER - “Ultra-Low Consumption Dishwasher” shall mean a
dishwasher designed to use a maximum of 7.66 gallons during every complete
cycle.
15. ULTRA-LOW
CONSUMPTION WASHING MACHINE - “Ultra-Low Consumption Washing Machine” shall
mean a washing machine designed to use a maximum of 28 gallons during every
complete cycle.
16. VEGETABLE
SINK - “Vegetable Sink” shall mean a secondary water basin, 15” x 13” or
smaller not used as the primary Kitchen Sink. The term “Vegetable Sink” shall have the same
meaning as “Bar Sink” and “Entertainment Sink.”
17. WATER UNIT – “Water Unit”
shall mean an increment of water equal to 748 gallons, except in the
18. WATER WASTE -”Water Waste” shall mean the indiscriminate, unreasonable, or excessive running or dissipation of water. Water Waste shall include, but not be limited, to the following:
1. Waste
caused by correctable leaks, breaks or malfunctions. This loss of Potable water may be cited as
Water Waste after a reasonable period of time has passed in which the leak or
malfunction could have been corrected.
Exceptions may be granted by the General Manager for corrections, which
are not feasible or practical.
2. Use
of Potable water for washing buildings, structures, driveways, patios, parking
lots, tennis courts, or other hard surfaced areas, except in cases where health
or safety are at risk.
3. Indiscriminate
or excessive water use which allows excess to run to waste.
4. Use
of Potable water to irrigate turf, lawns, gardens or ornamental Landscaping
between 9:00 a.m. and 5:00 p.m. by means other than drip irrigation, or hand watering without quick acting
Positive Action Shut-Off Nozzles. (Exceptions shall be made by the General Manager for
professional gardeners where there is no ability to not avoid
watering between 9:00 a.m. to 5:00 p.m.).
5. Individual
private washing of cars with a hose except with the use of a Positive Action Shut-Off Nozzle. Use of water for washing commercial aircraft,
cars, buses, boats, trailers or other commercial vehicles at any time, except
at commercial or fleet vehicle or boat washing facilities operated at a fixed
location where equipment-using water is properly maintained to avoid wasteful
use.
6. Transportation
of water from the Monterey Peninsula Water Resource System without prior
written authorization from the MPWMD shall be deemed water waste. Emergency or health related situations are
exempt from this provision in accordance with Rule 169 (Water Rationing
Variance).
7. Operation
of a commercial car wash without recycling at least 50 percent of the Potable
water used per cycle.
8. Use
of water for more than minimal Landscaping, as defined in the Landscaping
regulations of the Jurisdiction or as described in Article
10.8 of the California Government Code.
9. Use
of Potable water for street cleaning.
10. Outdoor
watering in violation of Landscape irrigation restrictions required by Stage 1
Water Conservation.
11. Failure
to maintain water use within a mandatory Landscape Water Budget.
12. Misrepresentation
of the number of Persons permanently residing on a property where water is
supplied by a Water Distribution System or by a private Well.
13. Water use in excess of a Water Ration.
14.
Washing
of livestock with a hose except with the use of a Positive Action Shut-Off Nozzle.
The following activities shall not be cited as Water Waste:
1. Flow
resulting from fire fighting or essential inspection of fire hydrants;
2. Water
applied to abate spills of flammable or otherwise hazardous materials, where
water application is the appropriate methodology;
3. Water
applied to prevent or abate health, safety, or accident hazards when alternate
methods are not available;
4. Storm
run-off;
5. Flow
from fire training activities during Stage 1 Water Conservation through Stage 3
Water Conservation;
6. Reasonable
quantities of water applied as dust control as required by the Monterey Bay
Unified Air Pollution Control District, except when prohibited by Regulation
XV.
Section Four: Amendment
of Rule 20, Permits Required
Rule 20 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
A. PERMIT
TO CREATE/ESTABLISH A WATER DISTRIBUTION SYSTEM
Before any Person Creates or Establishes a Water Distribution System, such Person shall first obtain a written exemption or Permit from the District, execute and record a notice on
the title of the property, and pay all applicable fees. 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 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.
An Owner or Operator of a Water
Distribution System shall not 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.
B. PERMITS
TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
Before any Person connects to or modifies
a water use Connection to a Water Distribution System regulated by the District
or to 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 21, 23 and 24. The addition of any Connection and/or
modification of an existing water Connection to any Water
Distribution System permitted and
regulated by the District shall require a Water Permit.
The
following actions require a Water Permit:
1. 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.
2. Each
use of an On-Site credit or Water Use Credit.
3. Any
modification to, or relocation of, Residential water fixtures.
4. Any
Landscaping changes resulting in an Intensification in Use when a landscape plan
has been reviewed and approved as a component of a Water Permit.
5. Any Change of Use and any expansion of
a Non-Residential use to a more intensive use as shown on Table 2 (Rule 24),
except when the Change of Use or expansion modifies (1) an unenclosed structure
that has no plumbing; or (2) a temporary structure (i.e., a structure without
permanent occupancy and without a permanent foundation and that has no
plumbing).
6. Installing new water fixtures (i.e., other than replacing existing water fixtures) in a Residential use.
7. Use of water from a
C. EXEMPTIONS
FOR WATER DISTRIBUTION SYSTEM PERMIT
An MPWMD Water Distribution System Permit is not required for the following situations, with the caveat that for all wells within Fractured Rock, and for non-Fractured Rock wells that will provide potable supply for residential or commercial use, these exemptions shall be granted only upon receipt of a Well Capacity (Aquifer Pumping) Test, in compliance with the protocol described in Rule 21-A-7, that has been performed within three years from the date of receipt of the Pre-Application form requesting an exemption:
1. For properties that lie outside the
District boundary, 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.
2. For properties that straddle the
District boundary, 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.
3. A system that meets all of the
following criteria: (a) well site is located outside of the Carmel River Basin
and the Seaside Groundwater Basin as shown in maps provided in the
Implementation Guidelines; (b) property is comprised of one or two Residential
Parcels totaling less than 2.5 acres in size; (c) property is located outside
of the California American Water Service Area as shown in maps provided in the
Implementation Guidelines or is not served by California American Water by a
remote meter; (d) well site is located more than 1,000 feet from any Sensitive
Environmental Receptor as defined in Rule 11; and (e) well site is located more
than 1,000 feet from an existing Well that is registered with the District
and/or included in the District well database at the time of the application. The
4. 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 (c) 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.
5. 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. This exemption shall not apply to an Abandoned
Well, or replacement or refurbishment of an Abandoned Well, or
Wells that have been Inactive for more than 10 three years
from the date of receipt of the Pre-Application form described in Rule
21-A-1.
6. For On-Site Cisterns that serve
existing single-pParcel connections, (i.e. Residential situations where
rainwater is captured for On-Site landscape irrigation use).
7. For deliveries of water by commercial
companies in volumes less than or equal to 55 gallons per container.
8. For an existing or future new Irrigation System, owned and operated by MPWMD, which exists solely to irrigate
riparian vegetation in the Carmel River Riparian Corridor as part of the MPWMD
Water Allocation Program EIR Mitigation
Program.
9. 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
Systems that are served by Wells completed on or after January 15, 2003.
10. 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 amendments to such a Water
Distribution System on or after April 18, 2001, must be permitted by the District pursuant to Rule 22.
11. For a Water Distribution System that
serves water to Parcels within the Former Fort Ord Lands within MPWMD, but that
does not derive water from the
12. Any exemption pursuant to this Rule 20-C,
however, shall not be construed to exempt the
facility or its Owner or Operator from any other requirement set forth in these
MPWMD Rules and Regulations, or any other regulatory or legal requirement.
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.
Section
Five: Amendment of
Rule 21 – Applications
Rule 21 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
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 “Pre-Application
Request Form”, signed by the system Owner, in the manner and form prescribed
by the Implementation Guidelines. Based
on the information provided on the Pre-Application Request Form, the General
Manager shall determine: (a) whether the application qualifies for an exemption
under Rule 20; (b) which one of four “Permit Review Levels” is required (i.e.,
Level 1, Level 2, Level 3 or Level 4 described in Rule 22); and (c) whether the
application is for a Mobile Water Distribution System. The Applicant shall next submit a completed,
written Application Form, signed by the system Owner, specified for the type of
system and Permit Review Level in the manner and form prescribed by the
Implementation Guidelines, which encompass the remaining numbered elements of
this Rule 21-A; 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-Parcel 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 licensed professional geologist with a specialty in
hydrogeology, a certified engineering geologist with a specialty in hydrogeology,
or a registered civil engineer with a specialty in hydrology; these specialists
shall be certified in, registered or licensed by the State of
10. The applicable fees prescribed in Rule
60.
B. APPLICATION
FOR PERMIT TO CONNECT TO OR MODIFY A
CONNECTION TO A WATER DISTRIBUTION SYSTEM
Each
application for a Water Permit shall follow the process set forth in Rule
23. A
proper
Applicant for a Water Permit may be the prospective User of the proposed or
existing
Connection as the real party in interest, the property owner, or any agent
thereof.
The application for a Water Permit to Connect to or
modify a water use Connection shall be deemed complete when the Applicant
submits all of the following:
1. A Water Release Form pertaining to the
Site on which the water use shall occur shall be signed by the authorized
official of the applicable Jurisdiction.
When the completed Project has fewer fixture units than the number
permitted (Residential Water Permits), or has a smaller Water Use Capacity than
permitted (Non-Residential Water Permits), the Applicant shall not be required
to secure the signature of the authorized official of the applicable Jurisdiction
on the Water Release Form. It shall be
the responsibility of the Jurisdiction to complete any applicable Environmental
Review on a Project prior to authorizing a Water Permit release via the Water
Release Form.
2. Complete Construction Plans that
reflect water use pursuant to Tables 1 or 2 of Rule 24, together with any
amendment, addition, or modification of those plans
which may be made prior to use or occupancy of
the Project, and any plans which may be submitted to the Jurisdiction for land use or building
approvals.
3. A Landscape Water Budget which includes
the Maximum Applied Water Allowance (MAWA) calculation and three copies of the
Landscape plan for new exterior use when the Site exceeds 10,000 square-feet in
size, when the Project is a Non-Residential use, or when the Project involves
Multi-Family Dwellings or mixed uses.
4. A copy of the District-issued
documentation of a Water Use Credit or documentation of an On-Site Water Credit
when a credit is used to offset new water fixtures or uses.
5. A
copy of a District inspection report for the property, if required to process
the Permit.
6. Payment of the applicable fees
prescribed in Rule 60.
7. Payment of the Connection Charge
prescribed in Rule 24.
C. APPLICATION
FOR AMENDMENT TO A WATER DISTRIBUTION SYSTEM PERMIT
The
Applicant shall submit the following:
1. A completed written application in the
manner and form prescribed by the General Manager. 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 or 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. The fee prescribed in Rule 60.
D. 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.
E. APPLICATION FOR WATER USE PERMIT FOR “BENEFITED
PROPERTIES” AS THAT TERM IS DEFINED IN RULE 11, 23.5 AND 23.6
Each application for a Water Use Permit shall follow the process set forth in Rule 23.1. A proper Applicant for a Water Use Permit may be the property owner or any agent thereof. The application for a Water Use Permit shall be deemed complete when the Applicant submits all of the following:
1. A completed Water Use Permit application,
2. A copy of the recorded Assignment Document, “An Assignment of a Portion of Monterey Peninsula Water Management District Ordinance No. 39 Water Entitlement and Water Use Permit” or “An Assignment of a Portion of Monterey Peninsula Water Management District Ordinance No. 132 Water Entitlement and Water Use Permit” specific to the application Site.
3. Processing fees.
Section
Six: Amendment of
Rule 22 – Action on Application for Permit to Create/Establish a Water
Distribution System
Rule 22 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
A. PROCESS
1. Review of Pre-Application Request
Form for All Systems
The General Manager shall
review each Pre-Application Request Form to Create/Establish a Water
Distribution System. If the
Pre-Application is determined to be complete pursuant to the Implementation
Guidelines, the General Manager shall determine the proper Permit Review Level
(i.e., Exempt, Level 1, Level 2, Level 3, or Level 4 as defined in Rule 11,
Definitions). The General Manager shall
notify the Applicant in writing of the Permit Review Level determination (to be
confirmed by information in the formal Application Form), the required
recordation of notice on the title of the property, applicable Permit
application fee, and provide the proper written Application Form and associated
materials pursuant to the Implementation Guidelines. If the Pre-Application Request Form is
determined to be incomplete, the General Manager shall notify the Applicant
concerning the missing or deficient information, and request the Applicant to
submit that information.
2. Determination of Permit Review Level
Based on the information in the
Pre-Application Request Form (as confirmed by the formal Application Form), the
General Manager shall determine the Permit Review Level as follows, using Table
22-A.
Exempt: A system meets the criteria identified in Rule 20.
Level 1 (Categorical) Permit: A system meets all of the following criteria: (a) Well site is located in the Carmel Valley Upland area as shown in maps provided in the Implementation Guidelines; (b) property is comprised of one or two Residential Parcels totaling less than 2.5 acres; (c) property is not within the California American Water Service Area as shown in maps provided in the Implementation Guidelines, or is not served by California American Water as a remote meter; (d) Well site is located more than 1,000 feet from any Sensitive Environmental Receptor as defined in Rule 11; (e) Well site is located more than 1,000 feet from any existing Well that is registered with the District and/or included in the District Well database at the time of the application; and (f) a review by District staff determines that the application falls within one of the classes listed for a CEQA categorical exemption as described in CEQA Guidelines Article 19, Categorical Exemptions (15300-15333). See also Table 22-A.
Level 2 (Administrative) Permit: A system meets the criteria for a Level 2 Permit as shown in Table 22-A.
Level 3 Permit (Hearing Officer Review): A system meets the criteria for a Level 3 Permit as shown in Table 22-A.
Level 4 Permit (MPWMD Board Hearing): A system meets the criteria for a Level 4 Permit as shown in Table 22-A.
Each application shall be reviewed pursuant to CEQA, except those ministerial actions determined to be exempt from the application of CEQA (Guidelines Section 15268).
3. Protocol for Exempt System
No Application Form or Permit processing is required for an exempt system. The General Manager shall provide a written Confirmation of Exemption to the Applicant in the form and manner prescribed in the Implementation Guidelines, including the applicable fee described in Rule 60. A notice on the title of the property shall be recorded by the District prior to issuance of the written Confirmation of Exemption. District action is ministerial and is exempt from the requirements of CEQA (Guidelines Section 15268). Notice of the staff action shall be provided to all MPWMD Board members.
4. Protocol
for Level 1 (Categorical) Permit
The General Manager shall provide an Application Form for a Level 1 system in the form and manner prescribed in the Implementation Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written documentation that the system meets all of the Level 1 criteria described in Rule 22-A-2 above. The General Manager shall determine if the submitted Application is complete, pursuant to the Implementation Guidelines, within thirty (30) days of receipt. 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, in compliance with Rule 22-F. If the Application is determined to be complete, and all criteria specified in Rule 22-A-2 are met, the General Manager shall issue a Level 1 Permit within thirty (30) days that specifies terms and conditions that are independent of, but consistent with, Rules 22-B, 22-C and 22-D. The Level 1 Permit does not set System Limits. A mandatory condition of approval shall state, “There shall be no permanent intertie to any other water system, and there shall be no intertie to the California American Water system under any circumstances, including a temporary emergency, until full compliance with SWRCB Order WR 95-10 is achieved.” District action is discretionary and the application is subject to CEQA review. Notice of the staff action shall be provided to all MPWMD Board members. The staff determination may be appealed to the MPWMD Board pursuant to Rule 70, “Appeals.”
5. Protocol for Level 2
(Administrative) Permit
The
General Manager shall provide an Application Form for a Level 2 system in the
form and manner prescribed in the Implementation Guidelines, including the
applicable fee described in Rule 60. The
Application Form shall require written documentation that the system meets the
Level 2 criteria described in Rule 22-A-2 above, and enables compliance with
Rules 21-A, 22-B and 22-C. The General
Manager shall determine if the submitted Application is complete, pursuant to
the Implementation Guidelines, within thirty (30) days of receipt. 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, in compliance with Rule 22-F. If the Application is determined to be
complete, and complies with Rules 21-A, 22-B and 22-C, the General Manager
shall issue a Level 2 Permit. The Level
2 Permit shall include conditions of approval in compliance with Rule 22-D. The
Level 2 process does not require a public hearing. District action is discretionary and the
Application is subject to CEQA review.
Notice of the staff action shall be provided to all MPWMD Board
members. The staff determination may be
appealed to the MPWMD Board pursuant to Rule 70, “Appeals.”
6. Protocol for Level 3 Permit (Hearing
Officer Review)
a. The General Manager shall provide an
Application Form for a Level 3 system in the form and manner prescribed in the
Implementation Guidelines, including the applicable fee described in Rule
60. The Application Form shall require
written documentation that the system meets the Level 3 criteria described in
Rule 22-A-2 above as well as enable compliance with Rules 21-A, 22-B and
22-C. The General Manager shall
determine if the submitted Application is complete, pursuant to the
Implementation Guidelines, within thirty (30) days of receipt. 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, in compliance with Rule 22-F.
b. If
the Application is determined to be complete, the General Manager shall act
within thirty (30) days following satisfaction of CEQA requirements to set a
public hearing on the Application for such Permit, and shall notify the
Applicant in writing and give public notice of the hearing date in the manner
and form prescribed in the Implementation Guidelines. District action is discretionary and the
Application is subject to CEQA review. At the hearing, the General Manager
shall sit as the sole hearing officer.
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 hearing officer, in conducting the public
hearing, may request hydrologic, geologic, legal opinions or other studies
necessary to obtain information required for his/her 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 hearing officer may require and will specify
additional documentation needed to support each water right claim. The hearing officer shall continue the public
hearing on the Application until the specified information is provided by the
Applicant.
c. The hearing officer may deny, approve,
or continue the Permit Application based on the minimum standards as set forth
in Rule 22-C and its findings pursuant to Rule 22-B. The hearing officer may impose such
conditions on the Permit that he/she deems necessary and proper, which must
include the “Mandatory Conditions of Approval” specified in Rule 22-D. The General Manager shall notify the Applicant
within thirty (30) days in
writing by mail or in person of the hearing officer action taken; namely
continuance, approval, conditional approval, or denial of the Application. 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. Notice of the hearing officer’s action shall
be provided to all MPWMD Board members.
d. The
hearing officer’s decision may be appealed to the MPWMD Board of Directors
pursuant to Rule 70, “Appeals,” upon payment of the fee specified in Rule
60. 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.”
7. Protocol for Level 4 Permit (MPWMD
Board Hearing)
a. The General Manager shall provide an Application Form for a Level 4 system in the form and manner prescribed in the Implementation Guidelines, including the applicable fee described in Rule 60. The Application Form shall require written documentation that the system meets the Level 4 criteria described in Rule 22-A-2 above as well as enable compliance with Rules 21-A, 22-B and 22-C. The General Manager shall determine if the submitted Application is complete, pursuant to the Implementation Guidelines, within thirty (30) days of receipt. 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, in compliance with Rule 22-F.
b. If the Application is determined to be complete, the Level 4 Permit review procedures are identical to those described for Level 3 in Rule 22-A-6 above, except the MPWMD Board of Directors, not the staff hearing officer, shall conduct the public hearing. Also, there is no appeal of the MPWMD Board’s decision (i.e., Rule 22-A-6-d does not apply). District action is discretionary and the Application is subject to CEQA review.
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 Resource System, and/or (b) waters within
the jurisdiction of the State Water Resource 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.
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 regulation.
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 Water 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.
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, Sub-potable, 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 holds 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 regulations; 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 indentify restrictions or prohibitions
on such interties, including devices to prevent cross-contamination of
systems. MPWMD shall not approve any Water
Permit for a new Connection to the California American Water system due to the
inability of a permitted Water
Distribution System to deliver adequate water quality or quantity to Parcels
within its service area until there is full compliance by California American
Water with State Water Resources Control
Board Order No. WR 95-10 (as amended);
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 Multiple-Parcel
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 and/or its agents
(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.
Applicant shall execute a Notice
and Deed Restriction prepared and recorded by the District regarding the
limitation on water use as set forth in the conditions of approval prior to
issuance of the final Permit;
o.
Upon notice to the Water
Distribution System owner or designated representative in writing, e-mail or by
telephone, reasonable access to the Site shall be given to MPWMD staff or its
designated representative to inspect and document water production facilities
and water measuring devices, obtain hydrogeologic data, and take readings from
water measuring devices.
op. Permit shall state that 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.
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 (e.g., well, pipelines, storage tanks and
water treatment) 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 Cconstruction
of
permitted
water facilities 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.
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.
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.
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.
Section
Seven: Amendment of Rule
23 – Action on Application for a Water Permit to Connect To or Modify an
Existing Water Distribution System
Rule 23 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
A. PROCESS
1. New and Amended Water Permit
a. The General Manager shall review the
application and determine whether the Applicant has met the criteria for a
Water Permit. If additional information
is required to complete the application, the Applicant shall be notified in
writing within thirty (30) days of the initial application.
b. The General Manager shall determine if
the District has temporarily delayed the issuance of new Water Permits pursuant
to Regulation XV. If a temporary delay
is in place that affects the application, no Water Permit shall be processed
and the application shall be returned to the Applicant. Exceptions to this rule shall be made for
Permit applications for a new water meter for a fire suppression system or to
individually meter uses previously metered by one water meter (i.e. meter
split) unless otherwise determined by action of the Board of Directors.
c. The General Manager shall not process a
Water Permit when any portion of the Site lies outside of the affected Water
Distribution System Service Area.
d. The General Manager shall not process a
Water Permit when there is a previously issued Permit for a completed Project
on the application Site and a final inspection by the District has not been
conducted, or where the property is not in compliance with District Rules and Regulations
or conditions attached to previous District Permits.
e. The General Manager shall calculate the
appropriate Connection Charge for the Project using Rule 24, Calculation of
Water Use Capacity and Connection Charges.
f. When the application involves an
Intensification of Use, the General Manager shall ensure that the total
quantity of water permitted for all projects, including the current
application, within a Jurisdiction shall not exceed that Jurisdiction’s total
Allocation. Similarly, for Projects not
subject to a Jurisdiction’s Allocation, the General Manager shall ensure that
the total quantity of water permitted for all Projects, including the current
application, does not exceed the production limit and/or Connection limit of
the Water Distribution System serving the Project Site.
g. When the Adjusted Water Use Capacity as
determined in Rule 24 is a positive number, that amount of water shall be
deducted from the Jurisdiction’s Allocation or Water Entitlement as authorized
on the Water Release Form. If additional
water is required to meet the Adjusted Water Use Capacity of the Project and
the Applicant is unable to reduce the Adjusted Water Use Capacity, the
application shall be denied and returned to the Applicant to secure additional
water resources.
h. Intensification of Use allowed by a
Water Permit shall result in a deduction from a Jurisdiction’s Allocation (for
Projects served by the Main California American Water System), from a Water
Entitlement available to the property, or from the total available production
limit for that Water Distribution System.
Each Project which allows new, modified, or Intensified Water Use, shall
require a Water Permit.
i. The General Manager shall not issue a
Water Permit which results in the installation of a new water meter that serves
water to more than one User. Multiple
Users shall apply for separate Water Permits pursuant to this rule. This provision, however, shall not prevent
the issuance of a Water Permit which allows a single User to extend incidental
water use (e.g. to a single Bar Sink).
This provision shall be construed to enable the issuance of a Water
Permit required by reason of a change in occupancy or use of an Existing
Non-Residential Structure without a requirement to install separate water
meters for each separate use or User, provided no substantial structural
modifications are necessary to facilitate the changed use. Any such application shall nonetheless be
processed in accord with Rule 24 (Calculation of Water Use Capacity and
Connection Charges).
j. When the application involves
recordation of notices on the title of the property, all notices shall be
recorded by the District prior to final issuance of a Water Permit. Additional information (e.g. trust documents,
Articles of Incorporation) may be requested to verify ownership and to
facilitate preparation of District notices.
k. The General Manager shall collect
payment of the appropriate Connection Charge and processing fees and shall
issue a receipt prior to final issuance of a Water Permit.
l. When the application requests a Permit
to install a new water meter for a fire suppression system, to extend a water
main within the boundaries of the Water Distribution System, or to individually
meter uses previously metered by one water meter (i.e. meter split), there
shall be no processing fee.
m. The General Manager shall mark the
Construction Plans and the Landscape plans with the District’s Water Permit
Approval Stamp and shall sign the stamp and include the Water Permit number and
date issued. An electronic copy of the
Landscaping plan shall be retained by the District.
n. The General Manager shall review the
final Water Permit with the Applicant or his agent prior to requesting a
signature on the Water Permit and releasing the Permit and Construction
Plans.
o. Following Project completion, a final
inspection of the Project shall be conducted by the District. If the completed Project varies from the
permitted project, application for an amended Water Permit is required. When the completed Project has fewer fixture
units than the number permitted (Residential Water Permits), or has a smaller
Water Use Capacity than permitted (Non-Residential Water Permits), the
Applicant shall not be required to secure the signature of the authorized
official of the applicable Jurisdiction on the Water Release Form.
p. Notice by the District to correct any
discrepancy shall be provided on the inspection report to the Person contacted
at the Site and by regular mail to the owner of record. Notice of violations that may result in a
debit to a Jurisdiction’s Allocation shall also be mailed, faxed or emailed to
the Jurisdiction. Such notice shall
include a date by which any corrections and amendments shall be made. Thereafter, the General Manager may adjust
the charge and debit the water from a Jurisdiction’s Allocation or cause a
refund of Connection Charges paid and water previously debited from an
Allocation to reflect the Project as built rather than the Project as
permitted.
2. Temporary Water Permits.
a. The
General Manager may issue a Water Permit for temporary water use when the
Applicant has submitted a written request for a Temporary Water Permit,
including an explanation of the type of use and quantity of water requested and
a signed Water Release Form from the Jurisdiction.
b. The
Applicant for a Temporary Water Permit shall acknowledge in writing that the
Temporary Water Permit does not confer a property interest to obtain or use
water after expiration and/or Revocation of the Permit. The terms and conditions of the Temporary
Water Permit shall be recorded on the title of the property for the duration of
the Temporary Water Permit.
c. The
term of a Temporary Water Permit shall not exceed twenty-four (24) months.
d. The
General Manager shall process a Temporary Water Permit pursuant to the process
in Rule 23-A-1.
e. Following
removal of the temporary use and verification by the District, water
temporarily debited from the Jurisdiction’s Allocation will be returned to the
Jurisdiction and the Connection Charge paid for the temporary use will be
refunded to the current property owner.
f. A
Notice of Removal of Deed Restriction shall be recorded by the District at the
conclusion of the Temporary Water Permit process.
3. Conditional Water Permits.
A category of Water Permits known as
Conditional Water Permits shall be available to a limited group of Applicants
under restricted circumstances and only with the Jurisdiction’s
endorsement. A Conditional Water Permit
creates a record that specifically quantifies the increment of water assigned
for use at the location designated by the Jurisdiction and debits the
Jurisdiction’s Allocation. Conditional
Water Permits are available to those Projects that are unable to meet all of
the criteria of Rule 23-A-1 and meet the standards of this Rule.
a. The
following categories of Projects may obtain a Conditional Water Permit:
(1) Large
Projects - Commercial Projects with a projected water demand of over one
Acre-Foot annually.
(2) Government
Projects - Projects owned and operated or financed by a Governmental agency.
(3) Projects
with Complex Financial Underwriting - Determined at the discretion of the Board
of Directors.
b. The
Conditional Water Permit may be issued when the following criteria have been
met:
(1) There
is no Water Supply Emergency;
(2) There
is sufficient water supply in the Jurisdiction’s Allocation;
(3) The
governing body of a Jurisdiction submits a written request that a Conditional
Water Permit be issued to a Project;
(4) A
completed Water Release Form for the Project is submitted which includes the
authorizing signature of the Jurisdiction to debit its Allocation;
(5) Payment
of all Connection Charges and fees has been received by the District.
c. A
Conditional Water Permit shall be numbered with the next sequential alpha and
numeric number beginning with C-001, C-002, etc. A Water Permit bearing the Permit number
referenced in the Conditional Water Permit shall be maintained unsigned in the
District’s file.
d. The
Applicant’s notarized signature is required on the Conditional Water Permit
form before the General Manager’s approval.
e. A
Conditional Water Permit shall be valid after the General Manager has signed
the Permit.
f. An
amount of water approved for use by the Jurisdiction for the Project will be
debited from the Jurisdiction’s Allocation at the time the Conditional Water
Permit is issued.
g. A
Conditional Water Permit does not allow the setting of any water meter or the
start of any new or expanded water use until the conditions of the Permit have
been met and a Water Permit has been issued pursuant to Rules 21 and 23.
h. Each
Conditional Water Permit is time limited.
The Conditional Water Permit shall expire on December 31st of the year
following issuance.
i. A
written request for extension of the Conditional Water Permit may be requested
and shall require Board authorization for extension. Requests for extension must be received no
earlier than ninety (90) days and no later than forty-five (45) days prior to
expiration and must include an explanation for the request and the
Jurisdiction’s agreement that the Board should grant an extension.
B. MANDATORY
CONDITIONS OF APPROVAL
1. Construction Affecting the Interior
or Exterior of an Existing Structure.
All construction within or to an Existing Structure shall be subject to
the following conditions:
a. The
project Site must meet all applicable water conservation requirements of
Regulations XIV and XV.
b. Other
conditions may be placed upon approval as indicated in the applicable rule
governing the Water Permit process.
c. The
Applicant shall arrange for a final inspection by the District upon Project
completion. District staff shall review
the Project, water fixtures, and Landscaping for compliance with the Water
Permit.
d. Permit
amendments or other actions required as a result of a final inspection shall be
completed within thirty (30) days of the date of the final inspection.
e.
All Water Permits requiring deed
restrictions shall also include a Notice
and Deed Restriction titled “Provide Public Access to Water Use Data.”
2. Construction of a New Structure.
a. All new water use permitted by the District shall install a separate water meter to each User.
b. All Non-Residential New Structures
receiving a Water Permit after January 1, 2009, that include irrigated areas beyond ten
(10) feet of any building shall utilize a separate water meter to measure all
exterior water uses.
c. All New Structures receiving a Water
Permit after January 1, 2009, shall have separate the water
meters supply after the water meter for to supply fire
suppression systems service and domestic service.
d.
All Water Permits requiring deed
restrictions shall also include a Notice
and Deed Restriction titled “Provide Public Access to Water Use Data.”
3. Construction in the Sleepy Hollow
Subdivision of
a. All
exterior water use shall be supplied by the Sleepy Hollow Sub-potable Water
system or by an On-Site Well.
b. Interior
water use shall be supplied by California-American Water Company (also
known as the Sleepy Hollow Mutual Potable Water Distribution System) by
a Master Meter at the subdivision boundary.
c. Both
interior and exterior uses shall be metered by individual water meters.
C. ADJUSTMENT
OF ALLOCATION FOR UNUSED WATER CAPACITY
Any
permitted water capacity which is not used because of an abandoned, expired
Revoked,
returned, or amended Water Permit shall be returned to the applicable
Allocation
or Water Entitlement.
Section
Eight: Amendment of
Rule 24 – Calculation of Water Use Capacity and Connection Charges
Rule 24 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough). Rule 24, Tables 1,2 and 4 are not shown in
this ordinance and shall be amended by Resolution of the Board of Directors.
A. RESIDENTIAL
CALCULATION OF WATER USE CAPACITY
Residential Water Use Capacity shall be calculated using a
fixture unit methodology
whereby each water fixture is assigned a fixture unit value
that corresponds to its
approximate
annual Water Use Capacity. Residential
applications shall be reviewed to determine if there is an increase in fixture
units as a result of the proposed Project.
1. Methodology
for Determining Water Use Capacity
The following
process shall be used to determine if there is an increase in Water Use
Capacity:
a. The General
Manager shall estimate Water Use Capacity of the proposed Project using the
fixture unit values and outdoor water uses calculation from Table 1: Residential
Fixture Unit Count Values.
b. If the
application includes a Residential water fixture that is not specifically
exempt from the Residential Permit requirements, and no factor is shown on
Table 1: Residential Fixture Unit Count Values, for a proposed water fixture,
the General Manager shall research the projected annual consumption of the
fixture and shall recommend a fixture unit count value to the Board that
corresponds to the Estimated Annual Water Use Capacity of the fixture. Table 1 shall subsequently be amended by
Resolution of the Board of Directors to assign a value to the new fixture.
c. Using Table
1: Residential Fixture Unit Count Values, the General Manager shall compare the
pre-Project fixture unit count against the fixture unit count shown on the
Construction Plans submitted with the Water Release Form and Water Permit
application. Pre-Project Estimated Annual Water Use Capacity shall be verified
by inspection.
d. The General
Manager shall reduce the Estimated Annual Water Use Capacity by any verified
Water Use Credit or On-Site Water Credit applicable to the application as shown
on the Water Release Form and Water Permit application and shall determine the
Adjusted Water Use Capacity of the proposed Project.
e. Based upon
the review conducted in Rule 24-A-1, the General Manager shall determine if
Project will result in a positive, neutral or reduced Water Use Capacity on the
Site.
(1) An increase
in Capacity (Intensification of Use) shall cause the calculation and collection
of a Connection Charge prior to issuance of a Water Permit.
(2) No
Connection Charge shall be assessed when there is no increase in Water Use
Capacity.
(3) A reduction
in Water Use Capacity shall result in a Water Use Credit upon verification that
the former use has been permanently abandoned.
This credit shall be established in conformance with Rule 25.5.
2. Exempt Residential Water Fixtures
The
following water fixtures shall be exempt from the Residential Permit
requirements and shall have no fixture unit value: Portable Water Fixtures, fountains, ponds,
hot tub/spas, drinking fountains, pot fillers, darkroom sinks, outdoor showers,
outdoor sinks, hose bibs, pet/livestock wash racks and water troughs, and
multiple Utility Sinks (more than one per Site).
3. Second
Bathroom Addition
A
distinctive Water Permit protocol shall apply to any Residential application
that proposes to add a second Bathroom to an existing Single-Family Dwelling on
a Single-Family Residential Site that, prior to the application, has less than
two Bathrooms.
a. The second
Bathroom protocol shall be limited, and shall apply only to the following water
appliances if they are installed in a new second Bathroom as an expansion of an
existing Single-Family Dwelling: (a) a
single toilet, and (b) a single Standard Bathtub, or single Shower Stall, or a
single standard tub-shower combination, and (c) one or two Washbasins.
b. The second
Bathroom protocol shall further apply on a pro rata basis to any Residential
application that proposes to add one or more of the referenced water appliances
to an existing second Bathroom which lacks that same appliance within an
existing Single-Family Residential Site and, prior to the application, has less
than two full Bathrooms.
c. The second
Bathroom protocol shall apply only to a Single-Family Dwelling on a
Single-Family Residential Site that had a final building permit as of May 16,
2001.
d. The second
Bathroom protocol shall not apply to any Multi-Family Dwelling or Multi-Family
Residential Site as defined by these Rules and Regulations.
e. A valid
Water Use Credit for the permanent abandonment of a one Bathroom Single-Family
Dwelling on a Single-Family Residential Site issued prior to May 16, 2001 shall
be regarded as an existing Single-Family Dwelling for 120 months following
demolition and shall allow the reconstruction of a Single-Family Dwelling with
the addition of the water fixtures allowed by this provision as long as the
credit is valid.
f. Water
fixtures installed pursuant to this provision shall be installed within the
existing Single-Family Dwelling.
g. Under this
second Bathroom protocol, the General
Manager shall not debit the Jurisdiction’s Allocation for the installation of
select water fixtures in the second Bathroom.
h. Connection
Charges shall nonetheless be collected for the addition of fixture units in the
second Bathroom.
i. No
On-Site, off-site or transfer of credit shall be granted for removal or
retrofit of any fixture added pursuant to this second Bathroom protocol.
j. Use of the
second Bathroom protocol is voluntary.
Any property installing a second Bathroom pursuant to this provision
shall be limited to two Bathrooms unless the second Bathroom is permitted by
debit to a Jurisdiction’s Allocation. A
Notice Of The Limitation Of Use Of Water On A Property shall be recorded on the
real property as a condition of the Water Permit.
k. As a
condition to the issuance of any Permit pursuant to this rule, each property
owner shall authorize the District to access and use water records related to
the past, present and future use of water on the Site for a period of sixty
(60) months prior to and following the date the Permit is issued.
l. The
provisions of this second Bathroom protocol shall take precedence and supersede
any contrary provision of the Water Management District Rules and Regulations.
4. Master
Bathroom Fixture Unit Accounting
a. All
fixtures utilizing a Master Bathroom fixture unit value as shown in Table 1:
Residential Fixture Unit Count Values shall occur in the same Bathroom, and
that Bathroom shall be designated as the “Master Bathroom.” Each Dwelling Unit shall have no more than
one Master Bathroom.
b. The Master
Bathroom fixture unit value shall not apply to second Bathrooms utilizing the
second Bathroom protocol.
5. Exterior Residential Water Demand
Calculations
a. Sites of
Less Than 10,000 square-feet not required to prepare a landscape plan by
either the Jurisdiction or the District. For all new Connections on Sites of less
than 10,000 square-feet not required to prepare a landscape plan by
either the Jurisdiction or the District, the Exterior Water Demand
Calculation shall be 50 percent of the interior fixture unit value.
b. Sites of
10,000 Square-Feet or Greater required to prepare a landscape plan by
either the Jurisdiction or the District. For all new Connections on Sites of 10,000
square-feet or greater required to prepare a Landscaping plan by
either the Jurisdiction or the District, the Exterior Water Demand
Calculation shall be the Estimated Total Water Use plus 0.01
Acre-Foot. Any modification to the
Landscaping that results in an Intensification in Use shall require a Water
Permit. Maximum Applied Water Allowance (MAWA), or 50 percent of the
interior fixture units, whichever is greater.
The following calculation should be used to determine the MAWA:
MAWA
= ETo x ETadj x LA x IE
325,851
Where:
• MAWA = Maximum Applied Water
Allowance (gallons/year)
• ETo
= Reference Evapotranspiration
(inches per year)
• ETadj
= Target ET Adjustment
Factor shall be 0.8
• LA
= Landscaped Area of Site
(square feet)
• 325,851 =
Gallons-per-Acre-Foot
• IE
= Target Irrigation Efficiency
shall be 0.625
c. Sites
with Jurisdiction Landscaping Restrictions.
For all new Connections on Sites where native Landscaping is a
requirement of and enforced by the Jurisdiction, the Exterior Water Demand
Calculation shall be 25 percent of the interior fixture unit value the
Estimated Total Water Use plus 0.01 Acre-Foot.
Any modification to the Landscaping that results in an Intensification
in Use shall require a Water Permit. The
native Landscaping requirement shall be a recorded covenant on the title of the
property or other deed restriction enforceable by the District. The recorded covenant or deed restriction
shall provide notice to each subsequent owner that any change of Landscaping
may constitute an Intensification of Use which could may
result in payment collection of additional Connection
Charges and debits to a Jurisdiction’s Allocation or Water Entitlement.
d. Sites
utilizing rainwater storage as a component in an Irrigation System. For all new Connections on Sites where rainwater
storage is included as a source of water supply for an Irrigation System, the Estimated
Total Water Use as determined by the Landscaping plan shall be reduced by the
available Rainwater Harvesting Capacity.
Any modification to the Landscaping that results in an Intensification
in Use shall require a Water Permit. An additional 0.01 Acre-Foot of
water from the Water Distribution System shall be added for outdoor water uses
other than irrigation.
Sites
utilizing rainwater storage as a component in an Irrigation System shall have
Landscape water use restricted by a recorded covenant on the title of the
property or other deed restriction enforceable by the District. The recorded covenant or deed restriction
shall provide notice to each subsequent owner that failure to maintain and
utilize the rainwater storage component of the Irrigation System shall constitute
an Intensification of Use which may result in collection of additional
Connection Charges and debits to a Jurisdiction’s Allocation or Water
Entitlement and/or other enforcement actions.
6. Calculating
Adjusted Water Use Capacity
a. Each fixture
unit shall have a value of 0.01 Acre-Foot of water.
b. Water use
calculations shall be rounded to the third decimal place.
B. NON-RESIDENTIAL
CALCULATION OF WATER USE CAPACITY
Non-Residential
Water Use Capacity shall be calculated using Table 2: Non-Residential Water Use
Factors. Each Non-Residential use shall
be assigned a factor that when multiplied by a specified measurement shown on
Table 2 (i.e., square-footage, number of rooms/seats, etc.) results in an
estimate of the approximate annual Water Use Capacity in Acre-Feet. Non-Residential applications shall be
reviewed to determine if there is an increase in water demand as a result of
the proposed Project. Amendments to
Table 2 shall be made by Resolution of the Board of Directors.
1. Methodology
for Determining Water Use Capacity
The
following process shall be used to determine if there is an increase in Water
Use Capacity:
a. The General
Manager shall estimate Water Use Capacity of the proposed Project using the
Water Use Factors from Table 2: Non-Residential Water Use Factors.
(1) New
Construction: When the Non-Residential
Water Use Factor is based on a square-footage factor, the entire square-footage
shall be applied to the factor for construction of a new building.
(2) Tenant
Improvements: When the Non-Residential
Water Use Factor is based on a square-footage for a Tenant Improvement, the
usable square-footage shall be applied to the factor.
b. When a
Non-Residential Project proposes two or more of the uses set forth in Table 2,
each proposed use shall be subject to a separate calculation. By way of example, a motel/restaurant would
be subject to both the motel use by unit and the restaurant use by seat
calculation. Similarly, a gas station
with a retail facility would be subject to both the gas station use by pump and
the retail use by square-footage. Where a proposed use may be designated as
more than one category, the category which most accurately depicts projected
water use shall be selected or the uses shall be calculated based on the
square-footage or other factor for each area in which the use occurs. When the proposed use appears to fall into
more than one category, the higher intensity use category shall be chosen.
c. 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 to the total
Estimated Annual Water Use Capacity determined in 24-B-1-a.
d. If the
application includes a Non-Residential use that is not identical to or similar
to those uses shown on Table 2: Non-Residential Water Use Factors, the General
Manager shall research the projected annual consumption of the use and shall
recommend a value to the Board that corresponds to the Estimated Annual Water
Use Capacity.
e. The General
Manager shall compare the pre-Project Estimated Annual Water Use Capacity
against the Estimated Annual Water Use Capacity shown on the Construction Plans
submitted with the Water Release Form and Water Permit application. Pre-Project Estimated Annual Water Use
Capacity may be verified by inspection.
f. The
General Manager shall reduce the Estimated Annual Water Use Capacity by any
verified Water Use Credit or On-Site Water Credit applicable to the application
as shown on the Water Release Form and Water Permit application and shall
determine the Adjusted Water Use Capacity of the proposed project.
g. Based upon
the review conducted in 24-B-1-f, the General Manager shall determine if the
Project will result in a positive, neutral or reduced Water Use Capacity on the
Site.
(1) An increase
in Capacity (Intensification of Use) shall cause the calculation and collection
of a Connection Charge prior to issuance of a Water Permit.
(2) No
Connection Charge shall be assessed when there is no increase in Water Use
Capacity.
(3) A reduction
in Water Use Capacity shall result in a Water Credit upon verification that the
former use has been abandoned. This
credit shall be established in conformance with Rule 25.5.
2. Exterior
Non-Residential Water Demand Calculations
For all new Connections on Non-Residential and Mixed Use
Sites, the Exterior Eater Demand Calculation shall be the Estimated Total Water Use.
For all
new Connections on Sites where rainwater storage is included as a source of
water supply for an Irrigation System, the Estimated Total Water Use as
determined by the Landscaping plan shall be reduced by the available Rainwater
Harvesting Capacity. Sites utilizing
rainwater storage as a component in an Irrigation System shall have Landscape
water use restricted by a recorded covenant on the title of the property or
other deed restriction enforceable by the District. The recorded covenant or deed restriction
shall provide notice to each subsequent owner that failure to maintain and
utilize the rainwater storage component of the Irrigation System shall
constitute an Intensification of Use which may result in collection of
additional Connection Charges and debits to a Jurisdiction’s Allocation or
Water Entitlement and/or other enforcement actions. Any modification to the
Landscaping that results in an Intensification in Use shall require a Water
Permit.
Maximum Applied Water Allowance (MAWA) for the irrigated
areas not immediately adjacent to the building(s) (i.e. beyond 10’) as
determined by review of the Landscaping and irrigation plans for the Project
Site. The following calculation should
be used to determine the MAWA:
MAWA = ETo x ETadj x LA x IE
325,851
Where:
• MAWA = Maximum
Applied Water Allowance (gallons/year)
• ETo =
Reference Evapotranspiration (inches per year)
• ETadj =
Target ET Adjustment Factor shall
be 0.8
• LA =
Landscaped Area of Site (square feet)
• 325,851 =
Gallons-per-Acre-Foot
• IE =
Target Irrigation Efficiency shall be 0.625
3. Calculating Adjusted
Water Use Capacity
Water use
calculations shall be rounded to the third decimal place.
C. WATER SUPPLY COST COMPONENT
The water
supply cost component used as a monetary multiplier in each Connection Charge
calculation required by this rule shall be $10,623.20. This water supply cost component shall be
adjusted on July 1st of each year beginning in July, 1985, to include the
annual increase or decrease of the April Consumer Price Index (CPI), all items,
for San Francisco/Oakland, as promulgated by the U.S. Department of Labor
Bureau of Statistics. The adjusted multiplier shall apply to each Water Permit
application received on or after July 1st of each year. Table 3: Connection Charge History shall be
updated annually by Resolution of the Board to reflect the current year’s
Connection Charge.
TABLE 3:
CONNECTION CHARGE HISTORY
|
YEAR |
CONNECTION
CHARGE |
|
1985 |
$10,623.20 |
|
1985-86 |
$11,133.00 |
|
1986-87 |
$11,433.59 |
|
1987-88 |
$11,890.93 |
|
1988-89 |
$12,295.22 |
|
1989-90 |
$12,983.75 |
|
1990-91 |
$13,529.07 |
|
1991-92 |
$14,056.70 |
|
1992-93 |
$14,661.00 |
|
1993-94 |
$15,202.00 |
|
1994-95 |
$15,325.00 |
|
1995-96 |
$15,692.00 |
|
1996-97 |
$15,960.00 |
|
1997-98 |
$16,551.00 |
|
1998-99 |
$17,048.00 |
|
1999-2000 |
$17,832.00 |
|
2000-01 |
$18,492.00 |
|
2001-02 |
$19,565.00 |
|
2002-03 |
$19,976.00 |
|
2003-04 |
$20,415.00 |
|
2004-05 |
$20,517.00 |
|
2005-06 |
$20,948.00 |
|
2006-07 |
$21,618.00 |
|
2007-08 |
$22,331.00 |
|
2008-09 |
$22,979.00 |
|
2009-10 |
$23,163.00 |
|
2010-11 |
$23,567.00 |
D. CALCULATION OF CONNECTION CHARGES
The Connection Charge paid for a Water Permit shall be
determined by multiplying the Adjusted Water Use Capacity by the current
Connection Charge. This charge shall be applied
to each application for a Water Permit as follows:
1. Projects
served by the Main California American Water Company System and Seaside
Municipal Water Company shall pay 100 percent of the final calculation.
2. All other
Water Distribution Systems including private Wells and other Water Distribution
Systems owned and/or operated by California American Water Company outside of
the main system shall pay 18.67 percent of the final calculation.
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.
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, including the MAWA 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 exterior water use, apart from any interior
use. 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. The Board
shall specify the appropriate number of years to monitor actual annual water
use when it finds Special Circumstances with Substantial Uncertainty exist.
8. 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.
9. Determinations
of the General Manager pursuant to this Rule may be appealed to the Board.
F. CONNECTION CHARGE REFUNDS
1. The
Connection Charge paid for a Water Permit under these Rules and Regulations
shall be a fee retained by the District in consideration of, and as
reimbursement for the costs and expenses incurred by the District in planning
for, acquiring, reserving, and maintaining capacity in the water distribution
facilities existing or to be constructed within the District.
2. If a
Project, as built, eliminates all or a portion of the Adjusted Water Use
Capacity upon which the Water Permit was originally calculated, a refund of
that portion of the Connection Charge may occur.
3. Refunds of
Connection Charges shall occur if the Permit is abandoned prior to
construction.
4. Refunds
will only occur if a reduction in the Water Use Capacity is documented, or for
abandoned Projects, if the Applicant has permanently removed the water meter
and canceled the building permit.
5. Requests
for refunds shall be in writing, and shall include the Water Permit number and
the reason a refund is requested.
Refunds are subject to fees under Rule 60.
6. All
refunds shall be made to the then-current titleholder of the real property to
which the Water Permit was issued.
7. Refunds
requested for Connection Charges paid for a Conditional Water Permit shall be
processed under the following time lines and shall be subject to an
administrative processing fee of one hundred dollars ($100):
a. Refunds of
less than fifty thousand dollars ($50,000) shall be processed within thirty
(30) days;
b. Refunds
between fifty thousand dollars ($50,000) and one hundred thousand dollars
($100,000) shall be processed within forty-five (45) days;
c. Refunds
over one hundred thousand dollars ($100,000) shall be processed within sixty
(60) days.
G. CONNECTION
CHARGE FUND ACCOUNTING
1. The
District shall maintain separate accounts in its general fund for Connection
Charges received. Those separate fund
accounts shall be maintained and designated as Connection Charge accounts “A”
and “B”. Account “A” shall receive
18.67% of all Connection Charges collected.
Account “B” shall receive 81.33% of all Connection Charges
collected. The proceeds of any
connection surcharge shall be transferred to the District’s general fund,
without restriction.
2. Connection
Charge funds shall be expended from Connection Charge accounts “A” and “B” for
the sole purpose of planning for, acquiring and/or reserving augmented water
supply capacity for District water distribution facilities. It is recognized that such purposes include
engineering, hydrologic, geologic, fishery, appraisal, financial, and property
acquisition endeavors. Connection Charge
funds may further be used to acquire, maintain, and/or reserve capacity in
existing water distribution facilities existing within the District.
H. PERMIT
FEE PAYMENT PLANS
1. Except as
may be required by operation of law, or as approved by the Board of Directors on a case-by-case basis pursuant to
this Rule, the District shall not authorize a payment plan for fees and charges
due for the issuance of a Water Permit.
This means that no Permit will be issued by the District unless all
required fees and charges have first been paid in full to the District. In any circumstance where a Permit has been
issued on less than full payment of all fees and charges due from that Parcel,
that Permit shall immediately be Suspended and thereafter Revoked. Revocation of a Water Permit shall cause
removal or limitation of water service to that Connection.
2. Notwithstanding
any provision of this Rule, the Board, on a case-by-case basis, may authorize
delayed payment for Projects which are solely undertaken by California
Non-Profit Public Benefit Corporations provided each such plan shall ensure, by
recorded deed restriction which includes the consent of each property owner,
that all fees and charges due for the issuance of a Water Permit, together with
deferred interest at the rate to be set by the Board, shall be paid in full in
the event Project ownership or occupancy is transferred to any entity other
than a California Non-Profit Public Benefit Corporation. This provision is intended for use only in
the presence of a substantial financial hardship to the Project proponent such
that the development of the Project would be jeopardized by the present
assessment of the full fees and charges due for the issuance of a Water Permit.
Section
Nine: Amendment of
Rule 25.5 – Water Use Credits and On Site Water Credits
Rule 25.5 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
A. Except where a Water Permit has been
abandoned, expired, Revoked, Suspended, or canceled under these Rules, a Person
may receive a Water Use Credit for the permanent abandonment of some or all of
the prior water use on that Site by one of the methods set forth in this
Rule. Water Use Credits shall be
documented by written correspondence between the District and the property
owner, and shall remain valid unless prohibited by this Rule. Water Use Credits shall not be documented by
notice on a property title, except as specified in Rule 25.5-G. Except as allowed by Rule 28, Water Use
Credits shall not be transferable to any other Site.
B. Water savings resulting from mandatory
District programs, including water savings resulting from the installation of
Low Water Use Plumbing Fixtures Mandated by the District, shall not result in a
Water Use Credit. Such savings shall be
set aside as permanent water conservation savings essential to the District’s
15 percent conservation goal approved by the Board in March 1984.
C. A Water Use Credit may be applied to and
shall allow future water use on that Site at any time within a period of 60
months. After the 60th month, the
General Manager shall allow renewal of this Water Use Credit only upon
verification that some or all water savings represented by that credit are
current (i.e. no Water Permit or other use or transfer of the Water Use Credit
has occurred). If all savings are not
current, a pro-rata reduction shall occur.
A single renewal period of 60 months shall be allowed; thereafter any
remaining unused Water Use Credit shall expire.
D. A Water Use Credit on a Redevelopment
Project site may, in addition to the time limits and in the manner set forth
above, have its expiration date extended for two (2) additional periods of
sixty (60) months each, to afford any such Redevelopment Project a maximum
period of two hundred forty (240) months to use that credit.
E. The following types of Permanent
Abandonment of Capacity shall qualify for a Water Use Credit under this Rule:
1. Demolition
of a building or use that has been recognized by the District as being a lawful
water use;
2. Permanent
disconnection of a lawful water use from a Water Distribution System;
3. Residential
removal of water fixtures;
4. Permanent
installation of non-Mandated water fixtures or appliances.
F. To determine a Water Use Credit, the
General Manager shall:
1. Verify that the reduction is one which
is permanent (i.e. Permanent Abandonment of Use).
2. Quantify the Water Use Capacity of the
Site using the water use factors from Rule 24, Tables 1 and/or 2. If no factor is available on Table 2 or if
the use is substantially different than any of the uses shown on Table 2, the
General Manager may make an estimate based upon water records showing the
average use over a minimum of ten years.
3. Grant a Water Use Credit for the
permanent removal of water using fixtures providing that the fixture was
properly and lawfully installed. Credit
for fixtures listed in Rule 24-A-2 shall only receive a Water Use Credit upon
evidence of a Water Permit showing a debit to a Jurisdiction’s Allocation and
payment of related Connection Charges.
a. Water Use Credits for multiple
Showerheads shall be limited to a maximum of four (4) fixture units per
Separate Stall Shower or Bathtub. A
Shower System shall be considered a component of a Separate Stall Shower or
Bathtub for purposes of this Rule.
b. Credit shall not be given for any
reduction which occurs as the result of the removal of Landscaping installed
without a Water Permit or installed pursuant to a Water Permit for New
Construction. An exception to this
limitation shall be made for Non-Residential Landscaping that was specifically
identified, quantified, and permitted by the District. Any Water Use Credit granted under this
subdivision shall be determined using the Estimated Applied Water for the
increment of Landscaping being permanently abandoned.
4. Quantify the water use reduction (the
abandoned Capacity) using the following methods:
a. Residential Water Use Credit for
demolitions, permanent disconnection of water service, and permanent removal of
water fixtures shall be determined using the Fixture Unit Values from Rule 24,
Table 1: Residential Fixture Unit Count Values.
b. Residential Water Use Credits shall
only be granted for installation of ultra-low consumption appliances. Table 4: Ultra-Low Consumption Appliance
Credits shall list the ultra-low consumption appliances and the quantity of
Water Use Credit available for the permanent installation of the
appliance. This table shall be amended
by Resolution of the Board of Directors.
c. Non-Residential
Water Use Credit for demolition and for permanent disconnection of water
service shall be determined using Table 2: Non-Residential Water Use
Factors.
d. Non-Residential
Water Use Credit for retrofits with Ultra-Low Consumption Technology shall be
documented under the following circumstances and shall be granted for the
increment of water savings beyond the water savings anticipated from the
installation of Low Water Use Plumbing Fixtures and other District mandates:
(1) Application
for Water Use Credit Post-Retrofit. The
Applicant shall submit clear and convincing evidence of water savings. This shall be accomplished by providing the
District with a minimum of ten (10) years of documented pre-retrofit water
history for the use from the Water Distribution System (i.e. bills or
correspondence from the Water Distribution System Operator) along with two or
more years of post-retrofit water history for the use (i.e. bills or
correspondence from the Water Distribution System Operator). When ten years of water history for a use is
unavailable or when less than two years of post-retrofit water history is
available, the Applicant shall obtain an independent third party’s review of
the projected water savings. The District shall maintain a list of Persons
qualified to prepare a third party water conservation analysis. In all cases, tThe District shall verify
the installation of Ultra-Low Consumption Technology by conducting an
inspection.
(2) Application
for Water Use Credit Pre-Retrofit. The
Applicant shall submit clear and convincing evidence of water savings. This shall be accomplished by providing the
District with a minimum of ten (10) years of documented pre-retrofit water
history for the use from the Water Distribution System (i.e. bills or correspondence
from the Water Distribution System Operator) to establish a baseline
consumption level. When ten years of
pre-retrofit water history for a use is unavailable, the factor from Rule 24,
Table 2: Non-Residential Water Use Factors shall be used as the historic use
baseline. To substantiate projected
water savings resulting from the proposed retrofit(s), the Applicant shall
submit additional documentation to support the estimated water savings. Finally, When District staff is not able
to verify the estimated water savings, the Applicant shall may
be required to obtain reimburse the District for costs to obtain an
independent third party’s review of the projected water savings. The
District shall maintain a list of Persons qualified to prepare a third party
water conservation analysis. In all
cases, Tthe
District shall verify the installation of Ultra-Low Consumption Technology by
conducting an inspection.
(3) When a
Non-Residential Water Use Credit is requested for a Site that cannot
demonstrate that the Site was equipped with Low Water Use Plumbing Fixtures for
the full period of the water records used, there shall be a 15 percent
reduction of the final calculated Water Use Credit.
(4) In the
event that the General Manager disagrees with the amount of water savings
resulting from the installation of Ultra-Low Consumption Technology, the
complete Water Use Credit application shall be presented to the Board for
further consideration.
5. Written
notification of the quantity and expiration of a Water Use Credit shall be
provided to the Applicant and to the property owner.
G. A valid
Water Use Credit may provide the basis for the General Manager to issue a Water
Permit for new, modified, or Intensified Water Use on that Site.
1. There shall
be no Connection Charge assessed for any Water Use Credit. Connection Charges, however, shall apply to
the Capacity for water use which exceeds the Water Use Credit, or for any
Expansion of Use following the expiration of the Water Use Credit.
2. Use of a
documented Water Use Credit to offset an Expansion of Use shall cause
recordation of a Notice and Deed Restriction Regarding Limitation on Use of
Water on a Property.
3. No
Connection Charge refund shall accrue by reason of a water use reduction or
abandonment of Capacity, whether or not reflected by a Water Use Credit.
4. Issuance of
a Water Use Credit shall not result in any change to a Jurisdiction’s
Allocation or to any Water Entitlement.
Use of any Water Use Credit shall similarly not result in a change to a
Jurisdiction’s Allocation or any Water Entitlement.
5. When a
Water Use Credit or On-Site Credit applied to a Water Permit originates from a
Qualifying Device for which a Rebate has been issued, the District shall
collect the amount of the Rebate as a Water Permit fee surcharge, in addition
to any other fee that may apply to that Water Permit. This fee surcharge shall be deposited in the
Rebate Account.
H. When a Water
Use Credit on a Site results from demolition of a building that straddled a lot
line, the property owner shall specify in writing the quantity of water credit
assigned to each of the lots formerly occupied by that building. This designation shall be recorded upon the
title of each of the lots.
I. A Water
Use Credit shall enable reuse of saved water on the Site.
1. Water Use
Credits may be moved between one or more structures on the same Site or may be
used to construct new uses on the same Site.
2. The
District shall not require an additional increment of water for exterior water
usage on a Vacant Lot or lot containing an uninhabitable structure when the
owner of the Site has submitted clear and convincing evidence of Landscaping
and irrigation that was installed by and has been consistently maintained since
March 11, 1985. Examples of acceptable
evidence are dated photographs, official documents, permits or correspondence
of the Jurisdiction, receipts or invoices for gardening services or purchases
related to Landscaping and maintaining Landscaping on the Site.
3. A Water Use
Credit for disconnection from a Potable Water Distribution System shall be
granted by the General Manager only upon the removal of the Connection and
written confirmation of such removal by the Water Distribution System Owner or
Operator.
J. An On-Site
Water Credit resulting from the non-permanent removal of a lawful use that
occurred on or after March 1, 1985, may be applied to, and shall allow, the
future reuse of that increment of water on that Site. A Water Permit for reinstating the former use
shall be required and allowed.
Section Ten: Amendment
of Rule 110 – General Enforcement
Rule 110
shall be amended as shown in bold italics (bold italics) and
strikeout (strikethrough).
A. The
General Manager is charged with the
enforcement of these Rules and Regulations, and all other policies adopted by
the District.
To meet this charge, insofar as inspection of property may be necessary,
and in any circumstance where consent to inspect has been sought but is refused
or is otherwise unobtainable, the General Manager, or his designee, may obtain
an inspection warrant in accord with the Code of Civil Procedure, Section
1822.50 et seq., and may conduct such inspections as are necessary to enforce
these Rules and Regulations.
B. Charges
and Penalty Assessments
The
General Manager may bill and collect all charges and
penalties assessed pursuant to these Rules and Regulations.
C. Cease
& Desist Order/Compliance Order
1.
If General Manager determines that
water or property in the District is being used or maintained in a manner that
creates or fosters the creation of a Public Nuisance and/or results in Water
Waste, the General Manager shall issue a Cease & Desist Order and/or
Administrative Compliance Order to the owner of the subject property, the
occupant of the subject property and/or to any other Person(s) responsible for
creating or fostering the creation of the Public Nuisance or creating or
fostering water waste.
2. The Cease & Desist Order and/or
Compliance Order shall:
a. Describe the nature of the Public
Nuisance, Water Waste or other activity that was created maintained or fostered
by or on the subject property; and
b. Specify a compliance date by which the Public Nuisance,
Water Waste or other activity shall cease.
c. Specify a compliance date by which remedial activity shall
be completed to ameliorate the effects of the Public Nuisance, Water Waste or
other activity.
d. State the proposed financial penalty.
3. A Cease & Desist Order and/or Administrative
Compliance Order shall be deemed to be prima facie evidence that the
activities, behaviors, conditions or situations described in the order are
creating or fostering the creation of a Public Nuisance and/or Water Waste
unless and until a Hearing Officer or a court of competent jurisdiction
determines otherwise.
D. Permit
Rule Noncompliance
Creation,
Establishment, Expansion, Extension or Amendment 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 Rule.
E.
General Enforcement
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 these Rules and Regulations; or, any contractor who installs or removes plumbing fixtures contrary to the provisions of these Rules and Regulations with the intent to defeat the purposes of 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.
F.
Civil Public
Nuisance
1. 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 these Rules and Regulations, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of these Rules and Regulations, shall be, and the same is hereby declared to be a violation of these Rules and Regulations and a public nuisance.
2. 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.
3. 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.
4. 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 Eleven: Amendment of Rule 116 – Failure to Comply With an Administrative Order or Cease & Desist
Order
Rule 116 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
RULE 116 FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER OR CEASE &
DESIST ORDER
A. Failure to pay the assessed administrative penalties and/or administrative costs specified in the Administrative Order, or failure to pay additional administrative costs incurred due to non-compliance with an Administrative Order or Cease & Desist Order itself, shall be enforced by the General Manager as:
1. A Personal obligation of the violator; and/or
2. If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.
B. 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, the
General Manager may record a Notice of Non-Compliance on the title of the
property with the office of the County Recorder and may initiate enforcement
action as authorized in Regulation XI this regulation. The General Manager shall cause a Notice of
Compliance to be recorded at such time as the property owner has established
full compliance with the provisions of these Rules and Regulations.
Section
Twelve: Amendment of Rule
143 – Water Efficiency Standards for Existing Non-Residential Uses
Rule 143 shall be
amended as shown in bold italics (bold italics) and strikeout (strikethrough).
A. All
Non-Residential Water Users within the District shall maintain Showerheads with
a maximum flow capacity of 2.5 gallons per minute, 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.
B. All
existing Visitor-Serving Facilities shall 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
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.
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-B 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.
F. All Non-Residential laundries Clothes Washers shall operate exclusively with meet
the definition of High
Efficiency Clothes Washers 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 Thirteen: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rules 11, 20, 21, 22, 23, 23, 24, 25.5, 110, 116, and 143 to the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Fourteen: Effective
Date
This ordinance shall be given effect at 12:01 a.m. on December 1, 2010.
Section Fifteen: Sunset
This ordinance shall not have a sunset date.
Section Sixteen: 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 _________, 2010, 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 _____________, 2010.
Witness my hand and seal of the Board of Directors this ________ day of ________, 2010.
________________________________
Darby
W. Fuerst, Secretary to the Board
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