STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES
IN RE: Brooktrails Township Community Services District Water System No. 2310009
Willits, CA 95490
TO: Mr. Mike Chapman, General Manager
24860 Birch Street
Willits, CA 95490
FINDINGS OF FACT
Brooktrails Township Community Services District (hereinafter, District) operates a community water system that supplies domestic water to 1,451 service connections within its service area located approximately three miles northwest of the City of Willits in Mendocino County. The service connections consist of 1,446 existing or committed single-family residences and five (5) commercial facilities.
The District currently utilizes water from Lake Emily and Lake Ada Rose as its source of supply. As a result of its October 2001 annual inspection, the Department required the District to perform a detailed evaluation of the District_s ability to supply adequately, dependably and safely, the total requirements of all users under the maximum demand conditions.
Section 64562, Title 16, California Waterworks Standards, requires all public water systems to ensure that sufficient water is available from sources and distribution reservoirs to adequately, dependably and safely supply the total requirements of all users under maximum demand conditions before agreement is made to permit additional service connections into its system.
The conclusions of the District_s “Water Supply and Consumption Study for Brooktrails Community Services District”, dated February 2003, by T.M. Herman & Associates, determined that the number of single-family residences that can be supported during the peak usage period (May 1 - November 30) during a 10-year minimum rainfall year is equal to 770. The number of single-family residences currently served by the District exceed those that can be reliably served during a 10-year minimum rainfall year. The assessment of source capacity demonstrates that the District system cannot comply with Section 64562, Title 16, California Waterworks Standards.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, the Department finds that the Brooktrails Township Community Service District presently has insufficient source capacity to adequately, dependably and safely serve its existing 1,451 customers as required by Sections 64562, Chapter 16, Title 22, CCR.
ORDER
Pursuant to Section 116655(a) of the California Health and Safety Code, the Department hereby orders the Respondent, Brooktrails Community Services District, to do the following to ensure that the water supplied is sufficient and at all times, pure, wholesome and potable:
1. The Brooktrails Community Services District shall not increase its supply service from its existing 1451 service connections to its public water supply system effective immediately until adequate source capacity is developed by the District in accordance with the California Waterworks Standards. Prior to adding any new service connections, the Brooktrails Community Services District must apply for and receive an amended water supply permit from the Department approving the new connections.
2. The Brooktrails Community Services District shall submit a plan and schedule describing measures that will be taken to reduce overall system demands and to increase source capacity such that the District can supply adequately, dependably, and safely its existing customers. A copy of this plan shall be submitted to the Department for review and approval by June 1, 2003. Quarterly reports describing the District_s progress in fulfilling the aforementioned schedule shall be submitted by the tenth day of January, April, June, and October of each year. The first of such reports shall be submitted by October 10, 2003.
3. The Brooktrails Community Services District shall develop and implement a water conservation and leak reduction program to reduce overall system demands. A copy of this plan shall be submitted to the Department for review and approval by June 1, 2003.
The Department reserves the right to make such modification to this Order as it may deem necessary to protect public health and safety. Such modification may be issued as amendments to this Order and shall be effective upon issuance. All submittals required by this Order shall be addressed to:
Mr. Bruce Burton, District Engineer
Mendocino District
California Department of Health Services
50 D. St, Suite 200
Santa Rosa, CA 95404
The State of California shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by the Respondent, its employees, agents or contractors in carrying out activities pursuant to this Order, nor shall the State of California be held as a party to any contract entered into by the Respondent or its agents in carrying out activities pursuant to the Order. By issuance of this Order, the Department does not waive any further enforcement actions.
PARTIES BOUND
This Order shall apply to and be binding upon the Respondent, its officers, directors, agents, employees, contractors, successors and assignees.
SEVERABILITY
The requirements of this Order are severable, and the Respondent shall comply with each and every provision thereof notwithstanding the effectiveness of any provision.
CIVIL PENALTY
Section 116650(e) of the California Health and Safety Code allows for the assessment of a civil penalty for failure to comply with any order issued for noncompliance with any Department regulation or order, other than a primary or secondary drinking water standard, in an amount not to exceed two hundred dollars ($200) per day for each day as of the date of violation of the order. Failure to comply with any provision of this order may result in the Department imposing a civil penalty of up to $200 per day on the Brooktrails Community Services District.
Catherine S. Ma, P.E., Chief 02/28/03
North Coastal Region Date
Drinking Water Field Operations Branch
cc. Mr. John Rogers, Mendocino County Environmental Health Department
Ms. Pamela Townsend, Mendocino County Planning Department
CERTIFIED MAIL #_70010320000259122279
2310009/Compliance File
02-03-03C0-002 .doc/jmo
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