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Page 1 of 2 Rodney Estrada [EH] From: Adrienne Ellsaesser [EH] Sent: Monday, June 22, 2009 2:23 PM To: Rodney Estrada [EH] Cc: Laurie Cotulla [EH]; Donna Heran [EH]; Margaret Lagorio [EH] Subject: Arbor MHP Land Use Application - Permit to Operate a Small Public Water System as a HOA Rodney- Here are my comments regarding their Land Use application: If the property changes ownership from Acampo Arbor Limited LP ET AL to a new entity, then the existing permit to operate the Arbor.Mobile Home Park Water System becomes void. The new property owner shall make application to the EHD for a permit to operate the Small Public Water System. This process includes the submittal of documentation that demonstrates they have adequate financial, managerial, and technical capacity (TMF)to assure the delivery of pure, wholesome, and potable drinking water. If the new property owner operates the water system without being issued a valid permit from the EHD , they are subject to the following: "Any person who operates a public water system without a permit issued by the department(aka EHD) pursuant to this chapter may be liable, as determined by the court, for a civil penalty not to exceed twenty-five thousand dollars ($25,000)for each separate violation or, for continuing violations, for each day that violation continues (Health and Safety Code Section 116725 (d))". If the new owner is not able to demonstrate adequate TM capabilities, then a permit can not be issued per the California Health and Safety Code section 116540,which states: "No public water system that was not in existence on January 1, 1998, shall be granted a permit unless the system demonstrates to the Department that the water supplier possesses adequate financial, managerial, and technical capacity to assure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system that occurs after January 1, 1998". If the EHD is unable to issue a permit due to inadequate TMF, then Health and Safety Code Section 116725(d)) applies regarding operating a public water system without a permit, if the onsite well in operation delivering water to the residents and customers of this water system. The TMF submittal to the EHD shall include at a minimum documentation of property ownership of parcel APN 01733007 by the entity, which includes their water rights,and management of the water system. They must prove proof to EHD that they have the capital to operate the water system and a fee structure in place to maintain the capital once it has been expended. Such as, the expenditures to monitor the water system for chemical and microbial contaminants, maintain and operate the treatment system for the removal of Dibromochloro propane (E)BCP), investigate and eliminate the source of any microbial contamination, through proper disinfection procedures eliminate the microbial contamination, replacement of exhausted carbon media contained in the DBCP treatment vessels, maintain a contract with a certified treatment and distribution operator that is experienced and competent to operate this water system, and like expenditures. 6/22/2009 4.