File #: 19-0666    Name: POU/POE Water Treatment re Ordinance 5310
Type: General Agenda Item Status: Passed - County Counsel Office
File created: 8/22/2019 In control: Board of Supervisors
On agenda: 8/27/2019 Final action: 8/27/2019
Title: Adopt an ordinance suspending Sections 3 and 6, and a portion of Section 5, of Ordinance 5310, concerning Point of Use/Point of Entry water treatment, until December 11, 2019. (ADDED VIA ADDENDUM)
Attachments: 1. Board Report, 2. A - Draft Ordinance (w/Ordinance No. 5310), 3. Ordinance No. 5316- Board Order and Ordinance
Title
Adopt an ordinance suspending Sections 3 and 6, and a portion of Section 5, of Ordinance 5310, concerning Point of Use/Point of Entry water treatment, until December 11, 2019. (ADDED VIA ADDENDUM)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt an ordinance suspending Sections 3 and 6, and a portion of Section 5, of Ordinance 5130, concerning Point of Use/Point of Entry water treatment, until December 11, 2019.

SUMMARY:
On July 23, 2019, the Board of Supervisors introduced the proposed ordinance, waived reading, and set the ordinance for adoption. The ordinance would suspend portions of Ordinance No. 5310 relating to Point of Use (POU) and Point of Entry (POE) water treatment until December 11, 2019.

DISCUSSION:
On June 18, 2019, the Board of Supervisors adopted Ordinance No. 5310, which became effective on July 19, 2019. That ordinance amended the Monterey County Code to allow, in part, but subject to all other applicable regulation, the installation of devices commonly known as Point of Use and Point of Entry water treatment systems in houses supplied by a single well, or as part of water systems with 2 to 14 connections (known as local small and state small water systems) and water systems of 15-199 connections (known as small public water systems), in order to provide potable water, as required by the California Plumbing Code.

On July 18, 2019, Protect Our Process brought a lawsuit against the County, challenging the validity of Ordinance No. 5310. To provide time to assess the allegations regarding the validity of the Ordinance No. 5310, it is necessary and appropriate to temporarily suspend those portions of Ordinance 5310 that permit the use of POU/POE water treatment for local small and state small water systems, individual lots within those systems, and individual lots not on water systems. If the Board adopts the proposed suspending ordinance, it would become effective on September 27, the thirty-first...

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