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Resolution 2709-00 \., 1 2 3 4 5 6 7 9 10 11 12 13 \., 14 RESOLUTION NO. 2709-00 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT OF INTENTION TO DRAFT A GROUNDWATER MANAGEMENT PLAN PURSUANT TO THE GROUNDWATER MANAGEMENT ACT (WATER CODE, ~~ 10750 et seq.) WHEREAS, the South Tahoe Public Utility District (District) owns and operates over thirty municipal drinking water wells (W ells) for the purpose of providing a safe and reliable source 8 of drinking water to the District's customers; and WHEREAS, the continued operation of the Wells by the District is necessary to maintain overall District water supplies and system reliability for its customers; and WHEREAS, man-made contaminates including, but not limited to, methyl tertiary butyl ether (MTBE), ethanol, and tertiary butyl alcohol (TBA) (collectively Contaminants) are chemical compounds used in the blending of gasoline as an octane booster to meet Federal Clean Air Act requirements for oxygenates in wintertime oxygenated gasoline and in federally reformulated gasoline; 15 and 16 WHEREAS, unlike some other hydrocarbons in gasoline, the Contaminats are very water 17 soluble and poorly adsorbed into soils allowing them to move with groundwater flow, largely 18 unretarded; and 19 WHEREAS, the Contaminants are leaking into the groundwater from underground storage 20 tanks (USTs) or leaking pipelines; and 21 WHEREAS, some of the Contaminants, such as MTBE, can be tasted at very low 22 concentrations and the Department of Health Services has promulgated a maximum contaminate 23 levels (MCLs) to protect the public from exposure to the Contaminants in drinking water at levels 24 that are harmful to health and has also set secondary maximum contaminant levels for taste and odor; 25 and 26 WHEREAS, the Contaminats have been detected in many of the Wells and the aquifers \.,. 27 within the vicinity of the Wells, which in several instances exceed the MCLs health advisory level and 28 taste and odor threshold for the Contaminants; and \.., 10 11 12 13 '-' 14 15 16 \., 1 WHEREAS, the Contaminants now in use or which may be developed and used in the future 2 pose a existing and future risks to the District's groundwater supplies and to the health and safety of 3 its customers; and 4 WHEREAS, the District has expended well in excess of $3,000,000 in responding to 5 contaminated groundwater from several of the Wells, the costs of which are expected to continue 6 in the future in order for the Distrcit to supply reliable and safe water to its customers, and 7 WHEREAS, to avoid further contamination of the Wells and the groundwater, more effective 8 regulation of groundwater quality is necessary to protect the District's source of supply of water and 9 the health and safety of its customers; and WHEREAS, the Legislature has found and declared that groundwater is a valuable natural resource in California, and should be managed to ensure both its safe production and its quality; and WHEREAS, it is the expressed intent of the Legislature to encourage local agencies to work cooperatively to manage groundwater resources within their jurisdictions; and WHEREAS, the Groundwater Management Act (Water Code,S S 10750 et seq.) authorizes a local agency whose service area includes a groundwater basin which is not subject to groundwater management pursuant to other provisions of law or a court order, to adopt and implement a 17 Groundwater Management Plan; and 18 WHEREAS, the District is a local agency authorized to adopt a Groundwater Management 19 Plan pursuant to the provisions of the Groundwater Management Act; and 20 WHEREAS, Water Code section 10753.2 requires that, before preparing a Groundwater 21 Management Plan, a local agency must first hold a public hearing to consider whether to adopt a 22 Resolution of Intention to Draft a Groundwater Management Plan; and 23 WHEREAS, The District previously adopted a Resolution of Intention to Draft a 24 Groundwater Management Plan on August 13, 1998 but the two year time period in which to adopt 25 a Groundwater Management Plan has expired before the Groundwater Management Plan could be 26 adopted, and 27 WHEREAS, following the publication of notice required by law, the District held a public 28 hearing on August 17, 2000, to receive public comment on whether or not it should adopt a second -2- \." 1 2 3 4 5 6 7 ..." '-' Resolution of Intention to Draft a Groundwater Management Plan in order to allow sufficient time to respond to comments and finalize the groundwater Management Plan for adoption; and WHEREAS, after considering the public comment and other information presented at the hearing, the Board of Directors of the District determined that it is in the best interest of the District to complete drafting a Groundwater Management Plan, NOW, THERE-FORE, -BE IT RE-SOLVED AS FOLLOWS: 1. The Board of Directors of the District deems it advisable and in the best interest of the 8 District to draft a Groundwater Management Plan. 9 2. The District, by adopting this Resolution, declares its intention to draft a Groundwater 10 Management Plan pursuant to Water Code section 10750 et seq. 11 3. The General Manager is directed to take any additional action necessary and appropriate 12 to implement this Resolution, 13 4. This Resolution shall take effect immediately. 14 15 16 17 18 19 20 21 22 23 WE, THE UNDERSIGNED, certify that the above Resolution was duly and regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a regular meeting duly held on the 17th day of August, 2000, by the following vote: AYES: Directors Wallace, Jones, Strohm, Gochnauer, Mosbacher. NOES: None ABSENT: None ~~/~ jL. CHRISTOPHERH. STROHM, BOARD PRESIDENT SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: 24 27 28 - 3 -