EXHIBIT 2-A

 

Notes on Discussion from October 19, 2011 Rules & Regulations Review Committee

 

Item 5:  Discuss Establishment of a Rule that would Require the District to Post Notice of Well Testing for Completion of Water Distribution System Applications

 

 

 

Kristi:  Suggested that Water Demand staff post notices on property and the cost would be added to the application processing fee.

 

Steph:  Agreed that her staff could post notice.

 

Henri:  Close coordination with the hydrologist conducting the well testing would be required.  It could be difficult to coordinate as the dates for well tests can be rescheduled.

 

Beach suggested that following the pre-application response, the District should send written notification to all well owners within 1,000 feet.  The hydrologist could be notified of anyone who chooses to have their well monitored.  The notice should be sent at least two weeks in advance, the recommendation is that 30 days advance notice be given to ensure that anyone on vacation will have time to respond.  Under this proposal, the District is in control of who responds, and notifies the hydrologist of which wells will be monitored.  There is no need to involve the hydrologist until it is time to test the well.

 

Henri:  If the process was to be followed as suggested by Beach, a pre-application could be approved in March, but testing might not occur until the summer.  The District could send out letters in March stating that a pre-application was received and an application could be received in the summer.  The District cannot advise the nearby well owners what will occur in the summer.  The County of Monterey has told the District what data the well test should provide.  The well must rest for a few days before the 72 hour test is done.  A few days of recovery is then required.  That is why the well test could take up to 14 days.  We could send a letter stating that there could be a test and request for information.

 

Stoldt:  We could require that the hydrologist send out the initial letter to the well owners.  A second notice would need to be sent to schedule the well test and that could be sent by the hydrologist.

 

Laredo:  You have two options:  (1) Rule change; (2) implementation guideline change.  Staff could recommend the appropriate notice procedure and bring it back to the committee for review.  The committee must decide if this should be a rule change or a change to the implementation guidelines, and if this must go to the Board for a rule change, or if the committee could approve a change to the implementation guidelines.

 

Markey:  It is our obligation to develop a process that is objective, measurable and feels like it is fair to everybody.  The District could take control and tell the applicant that if you want a water distribution system, the District will conduct the well test, and test wells within 1,000 feet.  The District will hire the contractor and then charge the property owner.  A 14 day advance notice should be given the neighbors.   The District should be in charge of the process to ensure it is completed correctly.

 

Lehman:  We need to make this a win, win situation.  Not so onerous for neighboring well owners.

 

Henri:  A new staff person may be needed to coordinate the contracts required for this proposed process.

 

Judi:    Cost of contractor should be paid by applicant.

 

Markey:   The contractor is a neutral party.  There is no conflict if we hire a hydrologist.

 

Laredo:  The contractor could to the noticing as part of the contract. 

 

 

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