www.montereycountynow.com AUGUST 27-SEPTEMBER 2, 2026 MONTEREY COUNTY WEEKLY 45 classifieds Legal Notices carry out the drinking water program. H. “Domestic water system” means any water system including a local small water system, state small water system, or small public water system. I. “Dwelling unit” has the same meaning as set forth in Monterey County Code section 21.06.370, as may be amended from time to time. J. “Human consumption” means the use of water for drinking, bathing or showering, hand washing, food preparation, cooking, or oral hygiene. K. “Impacted water system” means a domestic water system that does not meet primary water quality standards per Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, as such standards are incorporated into Chapter 15.04.110 of the Monterey County Code. L. “Laboratory” for the purposes of this Chapter means a laboratory that is accredited by the California Environmental Laboratory Accreditation Program. M. “Local small water system” means a system for the provision of piped water for human consumption that serves at least two (2), but not more than four (4), service connections. It includes any collection, treatment, storage, and distribution facilities under control of the operator of such system which are used primarily in connection with such system, and any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with such system. “Local small water system” does not include two (2) or more service connections on a single lot of record where none of the dwellings are leased, rented or offered for remuneration. N. “Maximum contaminant level” or “MCL” means the maximum permissible level of a contaminant in water. O public entity. P. “Person” includes an individual, firm, association, partnership, corporation, and “Point‑of‑entry” or “POE” means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building. Notwithstanding the foregoing, where all the water sup‑ plied by a water system for human consumption is treated by the water system via a single device or facility, regardless of location of the device or facility, the water system shall be considered to have centralized treatment. Q. “Point‑of‑use” or “POU” means a treatment device applied to a single tap for the purpose of reducing contaminants in drinking water at that tap. R. “Primary water quality standards” means drinking water standards per Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, as such standards are incorporated by reference into section 15.04.110 of the Monterey County Code. S “Private well” means a source that both serves a single lot of record and does not meet the definition of a domestic water system. Private wells also include other sources such as a spring or creek. T. “Serviceconnection”,consistentwithSection21.06.1010,oftheMontereyCountyCode,meansaconnectiontoanyhabitable structure,exceptaguesthouse,orparcelwhichusespotablewaterfromawatersystemfordomesticandnotagriculturalpurposes. In addition, pursuant to California Health and Safety Code Section 116275(s), “service connection” means the point of connection between the customer’s piping or constructed conveyance, and the water system’s meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply: 1. The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking or other similar uses. 2. The Health Officer determines that the alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking. 3. The Health Officer determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass‑through entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations. U. “State small water system” means a system for the provision of piped water to the public for human consumption that serves at least five (5), but not more than fourteen (14), service connections and does not regularly serve drinking water to more than an average of twenty‑five (25) individuals daily for more than sixty (60) days out of the year. It includes any collection, treatment, storage, and distribution facilities under control of the operator of such system which are used primarily in connection with such system, and any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with such system. SECTION 4. Section 15.06.030 of the Monterey County Code is hereby amended to read as follows: 15.06.030 Applicability. This Chapter applies to new and existing local small and state small water systems, individual property owners whose property is part of an impacted water system, and individual property owners with a private well that do not meet primary water quality standards in the unincorporated area of the County of Monterey. SECTION 5. Section 15.06.040 of the Monterey County Code is hereby amended to read as follows: 15.06.040 POU or POE Treatment Implementation Options. A. A local small or state small water system (2‑4 connections and 5‑14 connections respectively) may be permitted to use effective POU or POE treatment devices. Water systems who choose this alternative will be deemed as a “Compliant Water System Utilizing Treatment” if 100% of the service connections have installed a POU or POE treatment device in accordance with this Chapter and the water system meets the requirements of Section 15.06.110 of this Chapter. B. An applicant seeking a construction permit for a new dwelling unit on a legal lot of record that will be served by either an impacted water system that is unable to meet the requirements of a compliant water system or a private well that does not meet primary water quality standards may choose to install an effective POU or POE treatment device per Section. 15.06.055. C. An applicant seeking a construction permit for an additional new or converted dwelling unit such as an accessory dwelling unit, that is served by either an impacted water system or a private well that does not meet primary water quality standards may choose to install an effective POU or POE treatment per Section 15.06.055. D. For local small water systems, state small water systems, and individuals served by an impacted water system or private wells, POU treatment is not allowed for treatment of microbial contaminants, volatile organic chemicals, organic chemicals that pose an inhalation risk, or radon. E. POU treatment or POE treatment is not authorized as the means to establish proof of water quality for applications for new subdivisions. Discretionary approval for new subdivisions shall not be conditioned to use POU treatment or POE treatment for water systems as the means by which the lots to be created by the subdivision would meet primary water quality standards. SECTION 6. Section 15.06.055 of the Monterey County Code is hereby added to read as follows: 15.06.055 A. POU and POE Requirements for New Dwelling Units. An applicant seeking a construction permit for a new dwelling unit on a vacant lot or an additional new or converted dwelling unit, such as an accessory dwelling unit, that will be served by either an existing impacted water system or private well that does not meet primary water quality standards may install a POU or POE treatment to satisfy water quality requirements if all of the following are met: 1. The applicant shall submit plans to the Director for review and acceptance of a private POU or POE treatment device that will produce water that meets primary water quality standards. The approved POU or POE treatment device shall be installed on each new and existing dwelling unit on the property. 2. The POU or POE treatment device shall either be selected from the California State Water Resources Control Board list of approved devices for the specific contaminant impacting the water source or shall be independently certified in accordance with the applicable American National Standard Institute standards for the respective POU or POE device type used. 3. The applicant shall provide the Director with copies of the subject property’s legal description and most current grant deed. The Director shall prepare a deed restriction form to be signed and recorded by the property owner. The deed restriction is intended to notify current and future owners of the property that i) a POU or POE water treatment system has been installed on the property; ii) the water treatment system is necessary to meet primary water quality standards; and iii) the property owner is responsible for both operating and maintaining the water treatment system in accordance with the manufacturer’s specifications. 4. Prior to final inspection of a construction permit, the applicant shall submit water quality analysis results of a treated water sample to demonstrate that the installed POU or POE treatment system produces water that meets primary water quality standards. 5. Prior to County final issuance of a certificate of occupancy, the applicant shall provide documentation to the Department demonstrating that the deed restriction has been signed by all applicable parties and recorded in the Office of the Recorder of the County of Monterey. B. If a new dwelling unit would be served by a private well that does not meet primary water quality standards and will require creation of a new local or state small water system, the water system will be required to comply with Section 15.06.110 in order to be an approved source for the construction permit for a new dwelling unit. C. Prior to the County’s final issuance of a certificate of occupancy for a new dwelling unit that will be served by an existing water system for which the County has approved the use of either POU or POE treatment, an applicant shall install a treatment device that conforms with the water system’s already approved POU/POE treatment strategy. SECTION 7. SEVERABILITY. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, which shall remain in full force and effect. The Board of Supervisors hereby declares that it would have adopted this Ordinance, and each subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional. The courts are hereby authorized to reform the provisions of this Section to preserve the maximum permissible effect of each subsection herein. SECTION 8. EFFECTIVE DATE. This ordinance shall take effect on the thirtieth day following its adoption. PASSED AND ADOPTED on this 18th day of August, 2026, by the following vote: AYES: Supervisors Alejo, Church, Lopez, Root Askew and Daniels NOES: ABSENT: ABSTAIN: Wendton, Wendy Root Askew, Chair Monterey County Board of Supervisors ATTEST: Valerie Ralph Clerk of the Board of Supervisors By: Deputy APPROVED AS TO FORM BY: Kelly 2. Donlon Kelly L. Donlon Chief Assistant County Counsel
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