EXHIBIT 2-A

DRAFT

ORDINANCE NO. XXX

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AMENDMENTS TO REGULATION XIV, WATER CONSERVATION

FINDINGS

1. The Monterey Peninsula 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 Monterey Peninsula area.

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. This ordinance amends the water conservation requirements for new construction, additions and remodels to increase water conservation savings.

4. This ordinance amends the mandatory retrofit requirements for change of ownership and use, and expansion of use to increase water conservation savings.

5. New water conservation equipment and retrofits have become reasonably available since the District adopted its mandatory water conservation regulation in 1987 and since requirements for Visitor-Serving Facilities were added in 1997. This ordinance recognizes newer water conservation technology.

6. Water conservation is a necessary component to the management and protection of water resources on the Monterey Peninsula.

7. The district recognizes that additional water conservation retrofits are essential to meet the restrictions of California State Water Resources Control Board Order No. WR 95-10. This ordinance increases water conservation on the Monterey Peninsula to maintain water use within the limits set by Order No. 95-10.

8. The District recognizes that additional water conservation retrofits are necessary to meet the limitations of the Seaside Basin Adjudication decision.

9. This ordinance shall revise, amend and republish Rules 11, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154 of the Rules and Regulations of the Water Management District.

10. CEQA finding…

NOW THEREFORE be it ordained as follows:

ORDINANCE

Section One: Short Title

This ordinance shall be known as the MPWMD 2009 Baseline Water Conservation Ordinance.

Section Two: Purpose

This ordinance amends the water conservation requirements for new construction, additions and remodels, and amends the mandatory retrofit requirements for change of ownership or use and expansion of use. This ordinance amends Regulation XIV of the Monterey Peninsula Water Management District Rules and Regulations.

Section Three: Amendment of Rule 11, Definitions

District Rule 11, Definitions, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added. Additional words used in this ordinance are defined in Rule 11.

1. DAY SPA – “Day Spa” shall mean an establishment that provides basic services such as manicures, massages, facials, tanning services, waxes, and other “dry” services. Other “wet” services that may be available in a spa establishment may include hydrotherapy treatments, including vichy showers, multiple showerheads, body spray jets, etc. Other water treatments, scrubs, mud treatments, wraps, and baths are also provided.

2. MP ROTATOR – “MP Rotator” shall mean the multi-trajectory, revolving stream spray head manufactured by Hunter Industries Incorporated that applies Irrigation System water much more slowly and uniformly than conventional sprays.

3. PINT URINAL – “Pint Urinal” shall mean a mean a Urinal that uses one pint (0.125 gallons per flush) of water to flush.

4. PRE-RINSE SPRAY VALVE – “Pre-Rinse Spray Valve” shall mean a handheld device that uses a spray of water to remove food waste from dishes prior to cleaning in a commercial dishwasher. Pre-rinse spray valves consist of a spray nozzle, a squeeze lever that controls the water flow, and a dish guard bumper. Models may include a spray handle clip, allowing the user to lock the lever in the full spray position for continual use. Pre-Rinse Spray Valves are usually placed at the entrance to a commercial dishwasher and can also be located over a sink, in conjunction with a faucet fixture.

5. WATER FACTOR – “Water Factor” shall mean a rating of water efficiency approved by the California Urban Water Conservation Council.

6. WEATHER BASED IRRIGATION CONTROLLER – “Weather Based Irrigation Controller” shall mean an Irrigation System controller that evaluates local weather conditions and Evapo-Transpiration (ET) rates to create a site-specific irrigation schedule.

Section Four: Deletion of Rule 140, Purpose

District Rule 140, Purpose, shall be deleted in its entirety:

RULE 140 - PURPOSE

It is the purpose and intent of this regulation to reduce use of Potable water within the Monterey Peninsula Water Management District boundaries.

Section Five: Amendment of Rule 142, Plumbing Fixtures for New Construction

District Rule 142, Plumbing Fixtures for New Construction, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 142 PLUMBING FIXTURES FOR NEW CONSTRUCTION WATER CONSERVATION STANDARDS

A. Water Conservation Standards. All new construction, as defined herein, shall be exclusively equipped with low water‑use plumbing fixtures. as defined by this ordinance and shall further use washbasin faucet aerators with a maximum flow rate of 2.5 gallons per minute wherever feasible. These fixtures
All New Construction of New Structures shall be installed and maintained plumbing fixtures and conservation standards as set forth in this Rule. No plumbing fixture or standard, and shall not be replaced with fixtures which allow greater water use.

B. Effective Date. Complete Water Permit applications received after July 1, 2009 shall be subject to the requirements of Rule 142, as revised. Complete Water Permit applications received prior to July 1, 2009 shall be processed under the former Rule 142.

1. Former Rule 142 mandated 1.6 gallons-per-flush maximum toilets throughout the structure in all New Construction, Remodels and Additions that add a Bathroom or add 25 percent or more of the existing square-footage.

2. New Construction of New Structures under Former Rule 142 required all New Construction, Remodels and Additions to install 2.5 gallons-per-minute maximum Showerheads and 2.2 gallons-per-minute faucet aerators. New Construction of New Structures further required installation of Instant-Access Hot Water Systems and installation of Drip Irrigation where appropriate.

C. Residential Water Efficiency Standards for New Structures.

All Residential New Structures receiving a Water Permit on or after July 1, 2009, shall meet or exceed the following standards:

1. High Efficiency Toilets shall be installed;

2. Urinals, when installed in a Residential use, shall be manufactured to flush with a maximum of 0.125 gpf (one pint) per flush. This standard is greater than High Efficiency Urinals (0.5 gpf).

3. Showerheads, Rain Bars, or Body Spray Nozzles shall be manufactured to emit a maximum of 2.0 gallons per minute of water.

4. Installation of multiple Showerheads in one stall shall require timers for each Showerhead, Rain Bar, or Body Spray Nozzle with a maximum three minute operating increment.

5. Lavatory Sink faucets shall be manufactured to emit less than 1.5 gallon of water per minute at 60 psi. The Lavatory Sink faucet or faucet accessory shall not be packaged, marked, or provided with instructions directing the user to an alternative water-use setting that would override the maximum flow rate of 1.5 gpm at 60 psi, as established by this specification;

6. Instant-Access Hot Water System;

7. Water softeners that use salt (i.e. sodium chloride) shall be discouraged in New Construction;

8. Irrigation System Controllers.

a. Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed for irrigated Landscaping on Sites with where there is an Irrigation System serving an area greater than 2,000 square-feet;

b. Rain Sensors shall be installed on all other Irrigation Systems that operate with an Irrigation System controller. Note that irrigated areas of greater than 2,000 square-feet require a Weather-Based Irrigation Controller.

9. Drip Irrigation shall be utilized for watering all non-turf plantings irrigated by an Irrigation System;

10. Irrigation spray heads at least as efficient as MP Rotators shall be utilized for turf irrigation;

11. Overhead spray irrigation shall not be used to water non-turf Landscaping, including trees and shrubs;

12. Rainwater collection and cistern systems are encouraged as supplemental irrigation for Landscaping installed pursuant to New Construction. New Structures shall be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years. Systems must be compliant with local catchment system standards. Guidelines will be included in landscape ordinance when available. Possible incentives for this (higher rebates, connection charge credit?). This voluntary program should become a requirement after several years.

D. Non-Residential Water Efficiency Standards for New Structures

All Non-Residential New Structures receiving a Water Permit on or after July 1, 2009, shall meet or exceed the following standards:

1. High Efficiency Toilets shall be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush;

2. Urinals shall be installed that have been manufactured to flush with a maximum of one pint per flush. Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff. Periodic janitorial service training on the maintenance of Zero Water Consumption Urinals is recommended.

3. Showerheads, Rain Bars, or Body Spray Nozzles shall not be installed if the fixture or fixtures are capable of emitting more than 2.0 gallons per minute of water. Installation of multiple fixtures in one stall shall require timers that allow three minute operating increments.

4. Lavatory Sink faucets in all Non-Residential uses other than hotel/motel guest rooms and private rooms in hospitals shall emit a maximum of than 0.5 gallon of water per minute at 60 psi.

5. Lavatory Sink faucets in hotel/motel guest rooms and private rooms in hospitals shall shall be equipped with tamper-proof devices or aerators that limit flow to a maximum of 1.5 gpm at 60 psi.

6. Lavatory Sinks equipped with automatic shut off devices, sensor or metering faucets shall have a maximum flow of 0.25 gallons per cycle.

7. Ultra low Consumption commercial washing machines with a Water Factor rating of 5 or less shall be required when a washer is installed in a New Structure permitted under this Regulation.

8. Ultra low consumption commercial dishwashers shall be required when a dishwasher is installed in a New Structure permitted under this Regulation. Need to specify qualifying criteria.

9. Instant-Access Hot Water System(s) shall be installed for hot water access points to ensure that hot water is available within ten (10) seconds;

10. The use of non-sodium water softeners shall be encouraged in New Construction;

11. The implementation of water conservation Best Management Practices shall be integrated into construction and operation of the project to the extent possible.

12. Water Efficient Pre-Rinse Spray Valves (add definition “cleaning time of 26 seconds or less at 1.6 gpm (at 60 psi)”) shall be utilized when a pre-rinse spray valve is installed.

13. There shall be no single-pass water use systems in ice machines, hydraulic equipment, refrigeration condensers, x-ray processing equipment, air compressors, vacuum pumps, etc. Air-cooled or better technology shall be installed when available.

14. Water cooled refrigeration equipment shall be prohibited when there is alternative cooling technology available at the time the Water Permit is issued.

15. Boiler-less steamers or connectionless steamers shall be installed in place of boiler-based steamers in food service facilities.

16. Weather-Based Irrigation System Controllers (e.g. Smart Controllers) shall be installed on all Irrigation Systems.

17. Drip Irrigation shall be utilized for watering all non-turf plantings irrigated by an Irrigation System;

18. Irrigation spray heads at least as efficient as MP Rotators shall be utilized for turf irrigation;

19. Overhead spray irrigation shall not be used to water non-turf Landscaping, including trees and shrubs;

20. Rainwater collection and cistern systems are encouraged as supplemental irrigation for Landscaping installed pursuant to New Construction. New Structures shall be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years. Systems must be compliant with local catchment system standards.

E. Change of Ownership, Change of Use, and Expansion of Use Water Efficiency Standards

Sites that have a Change of Ownership, Change of Use or Expansion of Use on or after July 1, 2009, shall meet or exceed the following standards:

1. High Efficiency Toilets shall replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or Change of Use;

2. Urinals designed to use no more than one pint per flush shall replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement. Excepted urinals shall retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible. Zero Water Consumption Urinals shall be encouraged in settings where there is a regular maintenance staff;

3. Showerhead flow rates shall meet or exceed New Construction standards;

4. Bathroom faucet flow rates shall meet or exceed New Construction standards;

5. Kitchen faucet flow rates shall meet or exceed New Construction standards;

6. Automatic irrigation systems shall be retrofit to include a Rain Sensor upon Change of Ownership or Change of Use.

7. Non-Residential Best Management Practices shall be implanted to the extent possible upon Change of Use.

Section Six: Amendment of Rule 143, Retrofit of Existing Non-Residential Uses

District Rule 143, Retrofit of Existing Commercial Uses, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 143 - RETROFIT OF EXISTING COMMERCIAL USES

A. All Non-Residential Water Users within the District, including existing hotels, motels, other Commercial, and Industrial Uses, on or before March 1, 1988, shall retrofit all shower and Washbasin faucet plumbing fixtures which are installed, but which do not meet Low Water Use Plumbing Fixture standards, with shall maintain Showerheads with a maximum flow capacity of 2.5 gallons per minute (gpm), and Washbasin faucets with aerators which limit the flow rate to a maximum of 2.52 gpm, unless subject to Rule 142 or more restrictive requirements by another agency or Jurisdiction. Further, all toilets which exceed 3.4 gallons per flush shall be installed with toilet water-use reduction devices capable of reducing flow by at least 1.0 gallon per flush.

1. All existing Visitor-Serving Facilities shall, before December 31, 2000, be retrofitted exclusively with Ultra-Low Flush Toilets, except as provided by Rule 146.

2. All Visitor-Serving Facilities shall, before December 31, 2011, be retrofitted exclusively with Pint Urinals, Ultra-Low Consumption Washing Machines, and water efficient ice machines.

3. All Non-Residential Water Users located in structures constructed before July 1, 2009 shall be retrofitted exclusively with High Efficiency Toilets, except as provided by Rule 146, and all Visitor-Serving Facilities that retrofit to 1.6 gallons per flush (gpf) toilets pursuant to Rule 143-A-1. or where 1.6 gpf toilets were installed prior to July 1, 2009. This requirement shall apply as of December 31, 2011. Replacement of Ultra-Low Consumption Toilets after July 1, 2009 shall be with High Efficiency Toilets.

4. All Non-Residential laundry facilities shall operate exclusively with Ultra-Low Consumption Washing Machines as of December 31, 2011.

5. Non-Residential Car Washes. As of December 31, 2010, all Non-Residential car washes shall recycle and reuse a minimum of 50 percent of the water used in the wash and rinse cycles.

6. Mobile Water Distribution Systems shall use water meters at the Source of Supply. This information shall be provided to MPWMD upon request of the General Manager.

7. All Non-Residential facilities that utilize a Pre-Rinse Spray Valve in their course of business shall retrofit with fixtures designed to use no more than 1.6 gallons per minute by December 31, 2009.

Section Seven: Amendment of Rule 144, Retrofit Upon Change of Ownership or Use

District Rule 144, Retrofit Upon Change of Ownership or Use, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 144 RETROFIT UPON CHANGE OF OWNERSHIP OR USE

A. MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE

All plumbing fixtures in Existing Structures, including Residential uses including mobile homes and fractional ownership and timeshares, commercial, industrial, and public authority and all Non-Residential structures, shall, at the time of Change of Ownership or Change of Use, be retrofitted, if not already so, exclusively with low water use plumbing fixtures and comply with as define by Rule 142 and Rule 143 this ordinance. These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use.

B. MANDATORY RETROFIT UPON EXPANSION OF USE

All residential, commercial, public authority, and industrial reconstruction, remodels or additions that add The addition of any bathroom water fixture(s) and/or increase in floor area of existing structures by twenty‑five percent (25%) or greater of the existing floor area shall meet "New Construction" low water‑use plumbing fixtures the Low Water Use Plumbing Fixtures and Standards described in as listed defined by Rule 142 and Rule 143 this ordinance for the entire facility, including retrofitting of plumbing fixtures within existing structures.

C. NON-DISCRETIONARY RETROFIT EXEMPTION

Existing structures subject to MPWMD toilet retrofit requirements between July 1, 1999 and July 1, 2009, and where the Ultra-Low Flush Toilet was installed pursuant to that requirement shall be exempt from the High Efficiency Toilet retrofit standard for a period of ten (10) years.

D. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP OR CHANGE OF USE

Before the transfer of title for any Change of Ownership or Change of Use, defined by this ordinance, of real property within the District, the selling owner(s) or his authorized agent shall, in the form and manner specified by the District General Manager, certify compliance with the retrofit requirements of this rule ordinance by one of the following methods:

1. Certify that the plumbing permit obtained in relation to plumbing fixture installation shows compliance with this ordinance. This certification shall be forwarded to the District; or

1. Provide the District with Certify that an a District-certified inspection report or other appropriate report (the General Manager shall maintain a list of individuals qualified to provide this report) which that provides all Site information required by the District and that verifies installation of low water‑use plumbing fixtures throughout the structure, as required by this Regulation XIV and Regulation XV ordinance. This certification shall be forwarded to the District; or

2. Provide certify documentation to the District that the building inspection by from the city or county building official that indicates provides all Site information required by the District and that certifies installation of low water‑use fixtures throughout the structure, as required by this Regulation XIV and Regulation XV ordinance. This certification shall be forwarded to the District; or

3. Provide owner certification Certify that plumbing fixtures throughout the structure have been retrofitted in compliance with this Regulation ordinance. The buyer or seller shall forward a A copy of this certification, together with a dated copy of the purchase receipt for each low water‑use fixture, and a dated copy of the labor contract, or a statement of self‑installation, which evidences complete installation, shall be forwarded to the District by the buyer or seller. The District may verify owner certification by an onsite inspection; or

4. The General Manager may conditionally waive extend the proof of retrofit before close of escrow requirement of this section where the seller, and buyer, or tenant certifiesy that the structure will begin to be Remodeled or modified within one hundred and twenty (120) days of the Change of Ownership or Change of Use close of escrow, that the structure will comply with Regulation XIV be exclusively retrofitted with low water‑use plumbing fixtures upon completion of construction, and the new owner shall District shall be both contacted and allowed inspection of the property by District staff or its authorized agent within 180 days (i.e. six months). Incremental extensions of 90 days may be allowed until completion of the Remodel.

It shall be a violation of this Regulation ordinance for any buyer or seller to to instruct an escrow agent to close escrow for any sale of property in the District which that does not comply with Subdivision D of this rule.

This Subdivision D shall not impose any affirmative or discretionary duty upon an escrow agent, acting in the capacity of escrow officer. Nothing in this rule ordinance shall be construed, either expressly or by implication, to provide for a criminal proceeding or create a civil liability against a title insurance company, as defined in Insurance Code Section 12340.10, or an underwritten title company, as defined in Insurance Code Section 12402, or their officers, directors, or employees, by reason of an alleged violation of this rule ordinance by a party or parties to an escrow at such a corporation.

E. PROOF OF RETROFIT UPON CHANGE OF USE

Prior to the Change of Use of any Residential, commercial, industrial, or Public Authority buildings, the owner of record or his agent shall certify in writing to the Monterey Peninsula Water Management District that prior to such Change of Use of the structure, the owner has complied with this regulation, including all plumbing fixture retrofitting requirements. Change of Use of such buildings made prior to submission of such written certification to the General Manager shall constitute a violation of this regulation.

Section Eight: Amendment of Rule 145, Recordation of Notice

District Rule 145, Recordation of Notice, shall be deleted from Regulation XIV and relocated as Rule 116, Recordation of Notice, and shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 145 116 - RECORDATION OF NOTICE

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, Low Water Use Plumbing Fixtures have not been installed at the time of Change of Ownership or Use or when installed pursuant to the mandatory provisions of this regulation have been removed since initial installation, the General Manager may record a Nnotice of Non-Compliance on the title of the property of violation with the office of the Ccounty Rrecorder and may initiate enforcement action as authorized in Regulation XI. The owner(s) of the Parcel(s) property, as revealed by the assessment roll, on which the violation is situated, and any other person known to be responsible for the violation, shall be notified of the recordation, if their address is known. The owner of record shall have ninety (90) days to take corrective action. Failure to take corrective action within ninety (90) days shall constitute a violation of MPWMD Rules and Regulations. The General Manager shall cause a Nnotice of correction Compliance to be recorded at such time as the property owner has established full compliance with the provisions of this these Rules and Rregulations.

Section Nine: Amendment of Rule 146, Discretionary Exemptions

District Rule 146, Discretionary Exemptions, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 146 - DISCRETIONARY EXEMPTIONS

The General Manager may, in his discretion, exempt facilities from the provisions of this regulation, or impose reasonable conditions in lieu of compliance therewith, if he determines that any of the following sections apply:

A. HARDSHIP

The General Manager may grant an exemption for hardship where the requirements of this regulation would cause an unnecessary and undue substantial hardship upon the owner, or purchaser of the facility, or the public. Substantial hardship shall be determined on a case by case basis and may include, but is not limited to:

1. Plumbing in an existing facility which does not match connections with Low Water Use Plumbing Fixtures and would, therefore, requires partial or complete replumbing of the structures. For example, different rough-in dimensions for which no compatible complying fixture is available.

2. Unavailability of Low Water Use Plumbing Fixtures to match a well-defined historic architectural style (i.e., Victorian, Mission Revival) in a locally, state or federally recognized building of historic significance, fitted exclusively with authentic plumbing fixtures from that period. Any project exempted pursuant to Sub-part A-1 of this part shall be required to have installed toilets using a maximum of 3.5 gallons per flush and 2.5 gallon per minute Showerheads, if not already so provided.

B. EMERGENCY

The General Manager may grant an exemption from these Rules for emergency purposes when the requirements of this regulation would create a condition affecting the health, sanitation, fire protection or safety of the facility owner or the public. Emergency conditions include, but are not limited to, sewer line grades that are insufficient to accommodate reduced flows caused by conversion of high flow toilets with Ultra Low Flush Toilets or High Efficiency Toilets water closet(s) to 1.5 gallon flush as determined attested to by the city, county, or sanitary district engineer. All requests for exemptions from this Regulation shall be in writing.

C. IN LIEU COMPLIANCE

The General Manager may grant an exemption by imposing reasonable conditions in lieu of compliance with the requirements of this regulation, where the condition would not allow the quantity of water consumed by the facility to exceed the total water demand achieved if the achieve water savings similar to the efficiency Low Water Use Plumbing Fixture standards set by this regulation had been used, and where an exemption or condition would not otherwise adversely affect service to any existing water consumer.

D. RETROFIT EXEMPTIONS

When tThe General Manager shall has deferred the retrofit requirement of this regulation for any plumbing fixture for which present technology is or was not available to cause the required flow reduction, such as in flushometer-style or blow out toilet fixtures, or where retrofitting is not otherwise feasible,. When feasible, retrofit shall be required at the time technology becomes available.

Section Ten: Deletion of Rule 147, Appeals

District Rule 147, Appeals, shall be deleted in its entirety. The appeal process is detailed in Regulation VII.

RULE 147 - APPEALS

A. CONTENT OF APPEAL

An appeal may be made to the Board of Directors by any public agency or Person aggrieved by a decision of the General Manager pursuant to this regulation. All appeals shall be pursuant to Regulation VII of the District’s Rules and Regulations. The appellant must state in the appeal:

1. The identity of the appellant and his interest in the decision;

2. General Manager’s decision, or the conditions which are being appealed;

3. A clear, complete, but brief statement of the reasons why the appellant feels the decision or the conditions imposed were unjustified or inappropriate (this should include reasons the appellant disagrees with the findings of the General Manager and specific facts in sufficient detail to notify interested persons of the nature of the appeal). The Board will not accept an appeal stated in generalities.

B. ACCEPTANCE OF APPEAL

An optional form for giving notice of appeal shall be provided by the General Manager. The form need not be used if the notice of appeal is complete. An appeal shall not be accepted by the Board of Directors unless it is complete and complies with all requirements. The General Manager shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete. If the General Manager rejects a notice of appeal, he shall inform the appellant of the nature of the deficiency, and shall identify the information necessary to complete the appeal.

Section Eleven: Deletion and Relocation of Rule 148, Penalties

District Rule 148, Penalties, shall be deleted from Regulation XIV and added as Rule 115, and shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 110 148 – PENALTIES GENERAL ENFORCEMENT

E. 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 this these Rules and Rregulations; or, any contractor who installs or removes plumbing fixtures contrary to the provisions of this these Rules and Rregulations with the intent to defeat the purposes of this 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.

Section Twelve: Deletion of Rule 149, Enforcement

District Rule 149, Enforcement, shall be deleted from Regulation XIV. Enforcement is detailed in Regulation XI.

RULE 149 – ENFORCEMENT

The General Manager shall be the officer primarily charged with enforcement of this regulation. All public employees of the Monterey Peninsula Water Management District who are vested with the duty or authority to issue Permits or licenses, shall conform to the provisions of this regulation, and shall issue no such Permits or licenses in conflict with the provisions of this regulation, and any such Permits, licenses, or uses, if issued in conflict with the provisions of this regulation, shall be null and void.

Section Thirteen: Deletion of Rule 150, Civil Nuisance

District Rule 150, Civil Nuisance, shall be deleted from Regulation XIV. Enforcement is detailed in Regulation XI.

RULE 150 - CIVIL NUISANCE

A. 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 this regulation, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of this regulation, shall be, and the same is hereby declared to be a violation of this regulation and a public nuisance.

B. 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.

C. 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.

D. 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 Fourteen: Deletion of Rule 151 Cost of Enforcement

District Rule 151 Cost of Enforcement, shall be deleted from Regulation XIV. Enforcement is detailed in Regulation XI.

RULE 151 - COST OF ENFORCEMENT

A. Any Person, firm, or corporation who creates or maintains a public nuisance in violation of this regulation or upon whose property a notice of violation has been recorded, shall, if not corrected within thirty (30) days, be liable for the costs of abatement and costs of correction which shall include, but not be limited to:

1. Cost of investigation;

2. Court costs;

3. Attorney fees;

4. Costs of monitoring compliance.

B. Upon a continuation of the public nuisance after notice from the District to cease the nuisance, any Person, firm, or corporation shall be liable for the costs of abatement set forth above, plus a civil penalty of fifty percent (50%) of these costs payable to the District in addition to any other costs of enforcement imposed by the court.

Section Fifteen: Deletion of Rule 152, Remedies Cumulative

District Rule 152, Remedies Cumulative, shall be deleted from Regulation XIV. Enforcement is detailed in Regulation XI.

RULE 152 - REMEDIES CUMULATIVE

The remedies available to the District to enforce this regulation are in addition to any other remedies available under the District’s Rules and Regulations, or any other state statutes, and do not replace or supplant any other remedy but are cumulative thereto.

Section Sixteen: Deletion of Rule 153, Severability

District Rule 153, Severability, shall be deleted from Regulation XIV.

RULE 153 - SEVERABILITY

If any subdivision, paragraph, sentence, clause, or phrase of this regulation 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 regulation, 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 any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

Section Seventeen: Amendment of Rule 154, Conservation Message Requirements

District Rule 154, Conservation Message Requirements, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

RULE 154 – CONSERVATION MESSAGE REQUIREMENTS

A. On or before October 1, 1997, Aall Visitor-Serving and Public and Quasi-Public Facilities shall display in visible locations in all restrooms, kitchens, and dining areas, placards or decals approved by the District promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

B. The owner and/or manager of each rental property shall provide a pamphlet, brochure, or other literature to current and future tenants that list the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

C. Visitor-Serving Facilities, where applicable, shall utilize towel and linen reuse programs, whereby towels and linens are changed every three days or as requested by action of the guest.

D. Visitor-Serving Facilities shall not serve water to guests except upon request. Notification of this requirement shall be provided on the table(s) or menu(s) of each facility.

E. Any person who purchases and installs an automatic Irrigation System that is not a Weather-Based Irrigation System shall install and maintain a Rain Sensor on the system.

F. By July 1, 2010, all Non-Residential facilities that utilize one or more Pre-Rinse Spray Valves shall install and maintain Pre-Rinse Spray Valves that flow at a maximum of 1.6 gallons per minute.

Section Eighteen: Publication and Application

The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.

Section Nineteen: Effective Date and Sunset

This ordinance shall take effect at 12:01 a.m. on July 1, 2009.

This Ordinance shall not have a sunset date.

Section Twenty: Severability

If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

On motion by ________________, and second by _________________, the foregoing ordinance is adopted upon this ____ day of ________ 2009, by the following vote:

AYES:

NAYS:

ABSENT:

I, Darby Fuerst, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the _____ day of _____________ 2009.

Witness my hand and seal of the Board of Directors this ________ day of ____________ 2004.

Darby Fuerst, Secretary to the Board

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