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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