|
exhibit
d-3 |
interoffice
memorandum
to: Water management district staff
from: stephanie pintar, water demand manager
subject: new appeal processing and noticing
guidelines – effective august 1, 2002
date: July 30, 2002
cc: ernesto avila
The
following decisions are appealable to the Board of Directors:
1. Issuing or denying an expansion/extension permit (including temporary permits)
2. Classifying a commercial use (residential, commercial/governmental or industrial)
3. Adjustment of water permits due to special circumstances that do not require Board approval
a. Single-family dwelling unit project which proposes to irrigate more than two acres;
b. Other projects which propose to irrigate more than five acres;
c. A dual system provides subpotable water for outdoor use;
d. The water distribution system supplies dual delivery of subpotable water for nonconsumptive uses;
e. Water used in conjunction with a manufacturing process;
f. Permits for a municipality, county, or other local governmental agency.
4. Special circumstances for public projects (does not require Board approval) are subject to adjustment of connection charges after a reasonable time. The governmental entity may appeal the General Manager’s decision to the Board.
5. Water permits transferred from one person to another (name only)
6. Well meter variance
7. Emergency revision of operational water supply budgets
8. River access permits
9. River Work Permits (River Work Permits, Minor Work Permits, Emergency River Works Permits)
10. Retrofit and conservation requirements established by Ordinance No. 30
a. Plumbing fixtures required for new construction;
b. Retrofit requirements for existing commercial uses;
c. Visitor-serving commercial facility retrofits;
d. Retrofit upon change of ownership or use;
e. Retrofit upon expansion of use;
f. Discretionary exemptions from retrofit requirements
g. Hardship due to a need to replumb facilities to accommodate low-flow fixtures or unavailability of low-flow fixtures that match well-defined historic architectural style in locally, state or federally recognized buildings of historical significance that is fully fitted with authentic plumbing fixtures.
h. Health, sanitation, fire protection or safety issues;
i. In Lieu compliance
j. Retrofit exemptions when present technology is not available.
11. Misreporting penalty under the Expanded Water Conservation and Standby Rationing Plan (e.g. misreporting the number of permanent residents in a dwelling unit).
12. Landscape audits and budgets that are rejected by the District
13. When a controversy exists (Rule 11) related to water distribution system permit hearings
14. Action on an application to create a single-connection water distribution system
15. Determinations of water distribution system expansion capacity limits
16. Revocation or termination of Water Use Permits subject to Rule 23.5
17.
The
following documents shall be considered final decisions of the General Manager
and shall contain a paragraph stating such, including notification of the
appeal window of 21 days:
a.
Inspection
reports
b.
Notification
of intent to record a Notice of Non-Compliance
c.
Denial
of a credit
d. Denial or approval of a request for a variance to the retrofit and conservation requirements established by Ordinance No. 30
1.
A
list of appealable decisions from the past week will be prepared on Thursday
afternoon and posted in the District office lobby on Friday. In the event that Friday is a holiday, the
list will be posted on the following business day. A copy of the list shall be available on the District’s website
and in the District office foyer.
2.
The
list of appealable decisions shall include the property address and ownership
information and the date and nature of the decision.
3.
All
appealable decisions from the past week shall be posted to the District website
on Friday and will be removed after two weeks.
Weekly posting will mean that some decisions may be up to seven days old
when posted. Individuals and/or
divisions are responsible for posting the decisions made within their areas of
responsibility.
4.
Board
members may call up any appealable decision for discussion at a Board meeting
by making a written request (via the appeal application form) within 21 days of
the decision. There shall be no fee for
review initiated by a Board member.
5.
Because
the weekly General Manager to Board letter is prepared on different days of the
week, it will not be used to transmit information about appealable
decisions.
6.
Forms
for appeal shall be available in the kiosk in the front office and on the
District website.
7.
The
website and the front office shall post information about the cost of appeals
and the time limit to appeal a decision (within 21 days of the date of the
decision).
8.
Fees
for appeal are currently based on the capacity for water use of the
property/structure about which the decision was made. As appeals potentially may not involve a “structure,” and if more
than one structure is involved it may be difficult to determine each
structure’s “capacity.” Therefore, the
fees should be determined based on the site’s capacity for water use. Fees are $250 for capacity of 0.5 AFA or
less; $500 for capacity of greater than 0.5 AFA up to 1.0 AF; and $750 for
capacity of greater than 1.0 AFA.
Changes to the language of this rule will be reconsidered as part of the
Water Permit Process Revisions Strategic Initiative.
9.
Fees
for appeal should be waived for any appeal where the when the issues raised in
the appeal concern issues of public interest or environmental protection, as
long as the applicant does not have a direct financial interest in the appeal. The General Manager has the sole discretion
to determine which applicants are representing a “public interest” and whether
or not the fee shall be waived. Any
applicant desiring a fee waiver must complete a appeal fee waiver application
and receive the approval of the General Manager to waive the fees prior to the
expiration of 21 days from the date of decision. An applicant may desire to submit the appropriate processing fee
at the time of application to ensure that the appeal was filed in a timely manner. The fee can be returned upon the finding of
the General Manager to waive the fees.
10. When an appeal
application is received, the application should be date stamped and the check
should be receipted and forwarded to Administrative Services.
11. Attach a work order to
the original document. Copies should be
made for the Division processing the appeal and for the General Manager. The original document stays with
Administrative Services in a central file (request file on the Work Order).
12. When an appeal has been
scheduled for public hearing, the applicant should be notified of the time and
date of the hearing. In addition, the
applicant should be provided with a copy of the staff report when it is
available.
13. Appeals require posting
notices prior to hearing before the Board.
Posting Notices must be posted in a conspicuous place on the property
and at the two nearest and most traveled intersections at least ten (10) days
prior to the public hearing. District
staff shall be responsible for posting notices and for certifying the posting
and location of the notices.
U:\staff\word\committees\waterdemand\20040413\ActionItems\D\itemd_exhd3.doc