RULES AND REGULATIONS REVIEW COMMITTEE

ITEM:		ACTION ITEM
2.	CONSIDER DEVELOPMENT OF RECOMMENDATION TO THE BOARD OF DIRECTORS ON AMENDMENTS TO RULE 21-A -- NOTICING REQUIREMENTS FOR WATER DISTRIBUTION SYSTEM WELL CAPACITY TESTING
Meeting Date:			March 7, 2012
From:			David J. Stoldt,
			General Manager
Prepared By:			Henrietta Stern, Project Manager
General Counsel Review: yes, 2/29/2012
Committee Recommendation: The Rules and Regulations Review Committee, at its March 7, 2012 meeting, voted ___ to ___ to _________ the concept ordinance.
CEQA Compliance: N/A

SUMMARY: At its January 18, 2012 meeting, the Rules and Regulations Review Committee (Committee) received suggested changes from staff regarding notice of well testing associated with the Water Distribution System (WDS) Permit application process. One element was an ordinance to formalize the requirement to notify neighboring well owners of an impending test. Exhibit 2-A is a draft ordinance to achieve this goal. The January 18, 2012 agenda materials are provided on the District website at:

http://www.mpwmd.dst.ca.us/asd/board/committees/rulesregscomm/2012/20120118/0118agenda.htm.

RECOMMENDATION: District staff suggests that the Committee approve proposed Ordinance No. XX, shown as Exhibit 2-A, and direct staff to place the first reading version on the April 16, 2012 Board agenda, after review by the Technical Advisory Committee in early April 2012. This simple notification requirement is not considered a project under CEQA. If the ordinance is approved by the Board, staff will need to revise the WDS Implementation Guidelines to provide guidance to applicants, consultants, and the public. Conceptual changes and concepts for various worksheets were discussed at the January 18, 2012 Committee meeting.

MPWMD Rule 21-A, Application for Permit to Create/Establish a Water Distribution System, lists materials and information required for a WDS Application. As shown in Exhibit 2-A, Ordinance No. XX would create a new Rule 21-A-10 that specifically requires “documentation of noticing to neighboring well owners regarding the opportunity for well monitoring as specified in the Implementation Guidelines.” The current Rule 21-A-10 (fees) would become Rule 21-A-11. The ordinance would also add the definition of “Neighboring Wells” to Rule 11.

It is noted that Rule 21-A-7 already refers to the Implementation Guidelines regarding well testing, so this rule need not be changed to address notification. However, the Implementation Guidelines would be changed to be consistent with the new Rule 21-A-10 and the overall policy guidance to better notify neighboring well owners of impending tests of nearby wells. Additional information is provided below.

BACKGROUND: MPWMD Rules 20, 21 and 22 form the heart of the WDS Permit process. Rule 20 states the WDS Permit is needed to create or amend a WDS, and lists a series of exemptions. Rule 21 focuses on the application itself, while Rule 22 focuses on the approval criteria. The MPWMD Rules & Regulations are provided on the District website at:

http://www.mpwmd.dst.ca.us/rules/2011/20111222/TOC.htm (click on desired rule).

Rule 21 refers to the “Implementation Guidelines” for more detailed information on the application process and requirements. The draft guidelines were originally approved by the Board in April 2001, when the original Ordinance 96 became effective, with the expectation that they would be revised over time as needed. The Board has provided policy guidance via a series of ordinances when needed; these rule changes also resulted in changes to the permit process. Staff has also provided clarifying guidance through a series of memos. At this juncture, the Implementation Guidelines are disaggregated into a series of technical and procedural documents and memos that may be found on the District website at:

http://www.mpwmd.dst.ca.us/pae/wds/wds.htm.

Staff plans to consolidate, update and refine the Implementation Guidelines in 2012. The topic of noticing and any other changes approved by the Board via ordinances and other action will be incorporated into the revised Implementation Guidelines. The January 18, 2012 Committee packet has more detailed information at:

http://www.mpwmd.dst.ca.us/asd/board/committees/rulesregscomm/2012/20120118/0118agenda.htm.

DISCUSSION: The proposed ordinance is one of several steps recommended by staff and the Committee to meet the following goals:

• inform neighbors of the potential new well and monitoring opportunity early in the WDS process;
• document noticing efforts by applicant and neighbor responses;
• inform neighbors of results of MPWMD staff review in a timely manner; and
• minimize adverse effects on staff resources and workload.

Ordinance No. XX would add new Rule 21-A-10 to Rule 21-A, which will require the following as part of the WDS Permit process:

10. Documentation that notice was given to Neighboring Well owners regarding the opportunity to monitor Wells as specified in the Implementation Guidelines.

The ordinance would also add the definition of “Neighboring Well” to Rule 11, Definitions:

NEIGHBORING WELL – “Neighboring Well” means a Well within 1,000 feet of a Well owned by the Applicant for a Water Distribution System Permit if the Applicant’s Well is located outside of the Carmel Valley Alluvial Aquifer, or within 300 feet of the Applicant’s Well if located within the Carmel Valley Alluvial Aquifer.

It is noted that the other capitalized nouns are formally defined in Rule 11.

An associated paragraph 7 in Rule 21-A currently requires that an application include:

7. The results of Well Capacity (Aquifer Pumping) Tests for the duration specified by the Implementation Guidelines, the cost of which tests shall be borne by the Applicant, and which shall be observed by a District representative or agent; and…

Rule 21-A-7 refers to the Implementation Guidelines, which require notification of neighbors when feasible, but does not specify how neighboring well owners should be notified of a pending test and the opportunity to have their well monitored. With the approval of Ordinance No. XX, the WDS Implementation Guidelines will be amended to provide a section on notification and will attach forms and other guidance for use by the applicant or qualified consultant.

The general guidance for applicants should emphasize the need to start the WDS process and retain a qualified consultant earlier in their planning process in order for District staff to assess nearby well data, transmit pertinent information about neighboring wells and property owner contact information, prepare the notices to the neighbors, and for the applicant to notify and coordinate with neighbors regarding well testing dates. Also, the Pre-Application and/or WDS Application fees may need to be increased to cover these additional MPWMD staff tasks.

EXHIBIT

2-A Draft Ordinance No. XX

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