EXHIBIT 20-A
First
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 restate former definitions deleted by Ordinance No. 141. Counsel requested that these terms be reinstated because the terms are used 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 modified in the 2008-2011 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 adds new text 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. This amendment shortens the timeline for replacement of an Inactive Well from 10 to three years.
13.
This
ordinance formalizes that MPWMD will not approve a Water Permit for a new
Connection to the California American Water system resulting from 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); California American Water compliance with the March 2006
Final Decision of the Seaside Groundwater Basin Adjudication (as amended); and
water is available in the respective Jurisdiction’s Allocation for release to
the Parcel(s);
14. This ordinance adds a condition to new Water Distribution System Permits allowing MPWMD staff to have access to Water-Gathering Facilities for data collection and inspection purposes after sufficient notice to the Owner or Operator.
15.
This
ordinance revises Rule 22-D-4 to clarify the timeline for
completion of an approved Water Distribution System Permit.
16. This ordinance clarifies Rule 20-B-6 to incorporate current practices that exempt unenclosed structures and temporary structures from Water Permit requirements.
17. 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).
18. 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.
19. 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.
20. 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.
21. 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.
22. 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. Modifications can be found at Rules 24-A-5-a and b.
23. 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. The ETWU is a more accurate reflection of water use and is required under the State Model Water Efficient Landscape Ordinance.
24. 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.
25. 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.
26. This ordinance updates Table 3: Connection Charge History to show the Connection Charges for 2007-2011.
27. 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.
28. 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.
29. 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.
30. This ordinance was reviewed and supported by the Water Demand Committee on July 21, 2010.
31. 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. A Negative Declaration will be considered by the Board upon second reading and consideration of adoption.
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 sprinkler 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
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 wWell 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 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 Landscape 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 Clothes Washer 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 wWater
wWaste. 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 excess
of a Water Budget during Stages 1 2-4 Water Conservation when
a Water Budget is required pursuant to Rule 172.
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-B, Permits to Connect to or Modify a Connection to a Water Distribution
System
Rule 20-B shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 of Use when a lLandscape 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
Section Five: Amendment of Rule 20-C, Exemptions
for Water Distribution System Permit
Rule 20-C shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM
PERMIT
For Wells located within Fractured Rock
and non-Fractured Rock Wells intended for Potable supply for Residential or
Non-Residential use: Exemptions for a Water
Distribution System Permit shall only be considered following receipt of a Well
Capacity (Aquifer Pumping) Test conducted in compliance with the protocol
described in Rule 21-A-7. Well Capacity
Tests shall be performed within three years from the date of receipt of the
Pre-Application form requesting an exemption.
An MPWMD Water Distribution System Permit
is not required for the following situations:
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) wWell
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 Site is comprised of one or two Residential Parcels totaling
less than 2.5 acres in size; (c) property Site 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 meterConnection; (d) wWell site is located more than
1,000 feet from any Sensitive Environmental Receptor as defined in Rule 11; and
(e) wWell site is located more than 1,000 feet from an existing
Well that is registered with the District and/or included in the District wWell
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 wWell 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 wWell 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 wWells 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 Request Form described in
Rule 21-A-1.
6. For
On-Site Cisterns that serve existing single-pParcel cConnections,
(i.e. Residential situations where rainwater is captured for On-Site lLandscape
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.
Section Six: Amendment of Rule 22-D,
Mandatory Conditions of Approval
Rule 22-D shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 Operator 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-Gathering
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
pPermits issued after January 15, 2003, construction tasks for
facilities authorized in the MPWMD wWater dDistribution Ssystem
Ppermit
(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 pPermit
is issued. The pPermit
shall expire if no action is taken within that year. Permitted Cconstruction of
permitted
Water-Gathering Facilities tasks shall be completed and wWater
dDistribution Ssystem operation shall
commence within two years from the date the pPermit 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.
Section Seven:
Amendment of Rule 23-A-1,
Process
Rule 23-A-1 shall be amended
as shown in bold italics (bold italics) and strikeout (strikethrough).
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.
Section Eight:
Amendment of Rule 23-B,
Mandatory Conditions of Approval
Rule 23-B shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 water meters supply lines after the water meter for
to
supply fire suppression systems service and domestic service. This configuration shall facilitate
installation of a Flow Restrictor in the domestic service without interfering
with the fire suppression 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.
Section Nine: Amendment of Rule 24-A, Residential
Calculation of Water Use Capacity
Rule 24-A 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 of 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 of 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 of 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.
Section Ten:
Amendment of Rule 24-B, Non-Residential
Calculation of Water Use Capacity
Rule 24-B shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 EWater 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 of 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.
Section Eleven:
Amendment of Rule 24-C, Water
Supply Cost Component
Rule 24-C shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 |
Section Twelve: Amendment of Rule 25.5-F, Water Use
Credits and On Site Water Credits
Rule 25.5-F shall be amended
as shown in bold italics (bold italics) and strikeout (strikethrough).
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.
Section
Thirteen: Amendment of Rule
110-E , General Enforcement
Rule 110-E shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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.
Section Fourteen: Amendment of Rule 110-F, Civil
Nuisance
Rule 110-F shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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 pPublic
nNuisance.
2. The District may
summarily abate the pPublic nNuisance, 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 rRegulation, 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 Fifteen: 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 Sixteen: Amendment of Rule 143-F, Water
Efficiency Standards for Existing Non-Residential Uses
Rule 143-F shall be amended as
shown in bold italics (bold italics) and strikeout (strikethrough).
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.
Section Seventeen: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rules 11, 20, 22, 23, 24, 25.5, 110, 116, and 143 to the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Eighteen: Effective
Date
This ordinance shall be given effect at 12:01 a.m. on December 1, 2010.
Section Nineteen: Sunset
This ordinance shall not have a sunset date.
Section Twenty: 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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