Exhibit 2-A
RECOMMENDED NEW
TEXT FOR MPWMD RULES AFFECTING
WATER DISTRIBUTION
SYSTEMS
To Be Part of
MPWMD Ordinance No. XXX
Prepared by Henrietta Stern on May 11, 2010
Ordinance text related to fractured rock is proposed to include
provisions that: (a) require all new WDS permittees to allow their wells to be
monitored by MPWMD for water levels and meter readings; (b) clarify that all owners
of wells do not have access to Cal-Am water until there is full compliance with
SWRCB Order 95-10 and the Seaside Basin adjudication, and a water allocation is
available from the affected jurisdiction; and (c) change exemption criteria to allow
a well to be inactive for only 3 years (not 10); and (d) require any exempt well
to have a proper MPWMD hydrogeology assessment within 3 years. There are also a few housecleaning
items. The following changes are
proposed after a careful review of current text; old text is deleted via strikethrough
and new text is shown as bold italic:
Rule 11 would be changed to amend the definitions of an Abandoned Well and an “Inactive well” so they are clearer:
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 Monterey County regulations, and
California state law (California Well Standards).
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 well 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.
Rule 11 would be changed to add a new definition for “Fractured Rock” as follows:
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
Rule 20-C, Exemptions, would add the following text to the first introductory sentence and apply to all the listed exemptions that follow the sentence:
C. EXEMPTIONS FOR WATER DISTRIBUTION
SYSTEM PERMIT
An MPWMD Water Distribution System Permit is not required for the following situations, with the caveat that for all wells within Fractured Rock, and for non-Fractured Rock wells that will provide potable supply for residential or commercial use, these exemptions shall be granted only upon receipt of a Well Capacity (Aquifer Pumping) Test, in compliance with the protocol described in Rule 21-A-7, that has been performed within three years from the date of receipt of the Pre-Application form requesting an exemption:
<< followed by Exemptions #1 through #12 in Rule 20-C>>
Rule 20-C-5, Exemptions, would be tightened up as follows (shorter timeframe):
5. To reactivate, refurbish or replace
existing wells 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 form described in
Rule 21-A-1.
Rule 22-D-1-h shall add text that has been part of WDS permits for the past several years, as follows:
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 if the permitted
Water Distribution System fails to deliver adequate water quality or quantity
to parcels within its service area until there is full compliance by Cal-Am with
State Water Resources Control Board Order No. WR 95-10 (as amended); Cal-Am compliance
with the March 2006 Final Decision of the
A new Rule 22-D-1-o should be created, and the old Rule 22-D-1-o should become 22-D-1-p:
o. Upon notice to the Water Distribution
System owner or designated representative in writing, e-mail or by telephone, reasonable
access shall be allowed for MPWMD staff or its designated representative to
property within the permitted Water Distribution System to inspect and document
water production 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.
A revised Rule 22-D-4 is needed to avoid confusion from applicants
regarding the term “facilities” (water system vs. the entire proposed project):
4.
For permits issued after January 15, 2003,
construction tasks for facilities authorized in the MPWMD water distribution
system permit (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 permit is issued. The permit
shall expire if no action is taken within that year. Permitted Cconstruction of
permitted
water facilities tasks shall be completed and water distribution
system operation shall commence within two years from the date the permit 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.
U:\staff\word\committees\waterdemand\2010\20100618\02\item2_exh2a.doc
Prepared by H. Stern, revised on 5/11/2010