File #: 18-507    Name: Board Referral No. 2018.09 Response
Type: General Agenda Item Status: Scheduled PM
File created: 5/2/2018 In control: Board of Supervisors
On agenda: 5/15/2018 Final action:
Title: a. Receive response to Board of Supervisors Referral No. 2018.09 requesting staff recommendations for amending Chapter 10.72 of the Monterey County Code relating to permitting "desalinization treatment facilities"; and b. Provide direction to staff to initiate amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to: 1. Clarify the regulatory scope of the ordinance; and 2. Clarify ambiguous language in the provisions of Chapter 10.72 relating to ownership and operation of desalination treatment facilities by a "public entity"; and 3. Clarify technical, managerial, and financial criteria; or 4. Repeal Chapter 10.72 and only require permitting of the desalination facility as a water system.
Attachments: 1. Board Report, 2. MoCo Code Chapter 10.72 - DESALINIZATION_TREATMENT_FACILITY, 3. Completed Board Order
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Title
a. Receive response to Board of Supervisors Referral No. 2018.09 requesting staff recommendations for amending Chapter 10.72 of the Monterey County Code relating to permitting "desalinization treatment facilities"; and
b. Provide direction to staff to initiate amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to:
1. Clarify the regulatory scope of the ordinance; and
2. Clarify ambiguous language in the provisions of Chapter 10.72 relating to ownership and operation of desalination treatment facilities by a "public entity"; and
3. Clarify technical, managerial, and financial criteria; or
4. Repeal Chapter 10.72 and only require permitting of the desalination facility as a water system.

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive response to Board of Supervisors Referral No. 2018.09 requesting staff recommendations for amending Chapter 10.72 of the Monterey County Code relating to permitting "desalinization treatment facilities"; and
b. Provide direction to staff to initiate amendments to Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility" to:
1. Clarify the regulatory scope of the ordinance; and
2. Clarify ambiguous language in the provisions of Chapter 10.72 relating to ownership and operation of desalination treatment facilities by a "public entity"; and
3. Clarify technical, managerial, and financial criteria; or
4. Repeal Chapter 10.72 and only require permitting of the desalination facility as a water system.

SUMMARY:
Chapter 10.72 of the Monterey County Code addresses the construction, ownership and operation of a desalination treatment facility (Attachment 1). The applicable provisions of Chapter 10.72 relating to ownership and operation of desalination treatment facilities by a "public entity" are ambiguous and subject to interpretation. On March 20, 2018, the Board referred the matter to staff, requesting that Chapt...

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