File #: ORD 23-020    Name: POU/POE Ordinance
Type: Ordinance Status: Health Department - Consent
File created: 11/13/2023 In control: Board of Supervisors
On agenda: 11/28/2023 Final action:
Title: Adopt an ordinance restating portions of Chapter 15.04 of the Monterey County Code and restating and amending Chapter 15.06 of the Monterey County Code relating to point-of-use and point-of-entry water treatment systems. Proposed California Environmental Quality Act (CEQA) Action: Find that the adoption of this ordinance is categorically exempt per Section 15301 (minor alternations of private structures) and 15303 (construction of new, small facilities or structures) of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2.
Attachments: 1. Board Report, 2. Draft Ordinance (redline), 3. Draft Ordinance (clean-signed), 4. Point of Use/Point of Entry Ordinance Initial Study, 5. Completed Board Order Item No. 36, 6. Ordinance No. 5408, 7. REVISED Ordinance No. 5408
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Title
Adopt an ordinance restating portions of Chapter 15.04 of the Monterey County Code and restating and amending Chapter 15.06 of the Monterey County Code relating to point-of-use and point-of-entry water treatment systems.

Proposed California Environmental Quality Act (CEQA) Action: Find that the adoption of this ordinance is categorically exempt per Section 15301 (minor alternations of private structures) and 15303 (construction of new, small facilities or structures) of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find that the adoption of this ordinance is categorically exempt per Section 15301 (minor alternations of private structures) and 15303 (construction of new, small facilities or structures) of the CEQA Guidelines, and there are no exceptions pursuant to Section 15300.2; and
b. Adopt an ordinance restating portions of Chapter 15.04 of the Monterey County Code and restating and amending Chapter 15.06 of the Monterey County Code relating to point-of-use and point-of-entry water treatment systems.

SUMMARY/DISCUSSION:
The Health Department-Environmental Health Bureau regulates small water systems with 2-14 connections. Of these 970 systems, approximately 235 systems are out of compliance due to excessive levels of nitrite, arsenic, and fluoride. This contaminated water poses a health risk to the public.

The state declared the importance of meeting safe drinking water standards as identified with the passage of Assembly Bill (AB) 685 in 2012, making California the first state in the nation to legislatively recognize the human right to water. California Water Code section 106.3 statutorily recognizes that "every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes." The human right to water extends to all Californians, including disadvantaged individuals ...

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