MENAQMD RULE R1-APPA APPENDIX A-PROC. ENVIR. IMPACT REVIEW              
LAST REVISED 11/11/11
              
              
              APPENDIX A - PROCEDURES FOR ENVIRONMENTAL IMPACT REVIEW


          I.     AUTHORITY OF THE CONTROL OFFICER

                 The Control Officer shall have the authority, in accordance
                 with standards delineated by the regulations adopted by the
                 California Resources Agency establishing guidelines for
                 implementing the California Environmental Quality Act of 
                 1970 (division 6, Title 14, California Administrative Code), 
                 to make the following determination:

                 (1) Whether or not an action is a project.

                 (2) Whether or not an action is a project or a portion of 
                     a project for which another public agency has already 
                     acted as the lead agency.

                 (3) Whether or not a project is categorically exempt.

                 (4) Whether or not a project is ministerial.

                 (5) Whether or not it can be seen with certainty that a
                     project will not have a significant effect upon the
                     environment.

                 (6) Whether or not a project may have a significant effect 
                     on the environment.

                 (7) Whether or not an agency other than the District is to 
                     be the lead agency.

                 These determinations are subject to review and revision 
                 upon motion made by the Board of Directors of the District.

          II.    DETERMINATIONS OF THE CONTROL OFFICER

                 If the Control Officer determines that (1) the application 
                 is for a project or a portion of a project for which 
                 another public agency has already acted as the lead agency 
                 in compliance with CEQA, (2) the project is categorically
                 exempt, (3) the project is ministerial, or (4) it can be 
                 seen with certainty that the project will not have a 
                 significant effect on the environment, then neither a 
                 negative nor an environmental impact report will be 
                 required.  If 1, 2, and 3 above are not applicable and 
                 the Control Officer determines that a project may have a 
                 significant effect upon the environment and that the 
                 District is the lead agency, then an environmental impact 
                 report for the project will be required; provided, however, 
                 that only a negative declaration will be required for the 
                 project if the Control Officer determines that the project 
                 does not require an environmental impact report due to the 
                 circumstances peculiar to the specific project.  If the 
                 Control Officer determines that another public agency 
                 should act as lead agency and 1, 2 and 3 above are not 
                 applicable, the matter shall be referred to the lead 
                 agency for compliance with CEQA.

                 The Control Officer's determination will be set forth in 
                 a written statement which shall be furnished to the 
                 applicant.  A copy of said statement shall be affixed to 
                 any permit granted or denied.

          III.   NEGATIVE DECLARATION OR ENVIRONMENTAL IMPACT REPORT - 
                 CONTROL OFFICER'S RESPONSIBILITY

                 After making his determination regarding the requirements 
                 for preparation of a negative declaration or an 
                 environmental impact report, the Control Officer shall:

                 (1) recommend that an agency other than the District be 
                     the lead agency; or

                 (2) prepare a negative declaration and file it with the 
                     Clerk of the County in which the project is proposed 
                     to be located; or

                 (3) prepare an environmental impact report; or

                 (4) obtain authorization of the Board of Directors to 
                     engage the services of an outside consultant for the 
                     purposes of preparing an environmental impact report.

                 If the District acts as the lead agency, after a draft
                 environmental impact is completed, the Control Officer 
                 shall file a notice of completion with the Secretary of 
                 the Resources Agency.

          IV.    CONSULTATION REGARDING ENVIRONMENTAL IMPACT REPORT

                 After completing the draft environmental impact report, 
                 the Control Officer shall consult with and obtain the 
                 comments of any public agency which has jurisdiction by 
                 law with respect to the project.  The Control Officer may 
                 consult with any person with expertise with respect to the 
                 environmental impact involved.

          V.     MAINTENANCE OF NOTIFICATION LIST

                 The Control Officer shall maintain a special notice list
                 containing the names and addresses of all persons 
                 requesting special notice of either (1) the filing of a 
                 negative declaration with the County Clerk, or (2) the 
                 filing of a notice of completion of an environmental 
                 impact report with the Secretary of the Resources Agency.  
                 Each person requesting special notice shall:

                 (1) Make written request for special notice to the Control
                     Officer.  Payment of the fees for special notice shall 
                     be made directly to the Control Officer.  Upon payment 
                     of the required fee, the Control Officer shall include 
                     the applicant's name on the special notice list.

                 (2) Pay an annual fee as determined by the Board of 
                     Directors to cover costs.

                 (3) Request for special notice shall be renewed annually 
                     on or before the first day of July, and the renewal 
                     fee shall be paid to the Control Officer at the time 
                     the request for special notice is renewed.

                 (4) Neither the failure to give special notice when 
                     required by these procedures nor the failure to 
                     publish notice in the proper manner when required by 
                     these procedures shall affect in any way the validity 
                     or legality or the approval or disapproval of a 
                     project.

                 In situations where either special notice or published 
                 notice or both is required by these procedures, the 
                 failure to give such notice shall be treated as if such 
                 notice had been given.

          VI.    CONSIDERATION OF NEGATIVE  DECLARATION OR ENVIRONMENTAL
                 IMPACT REPORTS

                 After giving the notice required, the Control Officer 
                 shall set a time, date and place for consideration of the 
                 negative declaration or draft environmental impact report 
                 and any comments made thereon.  The Control Officer shall 
                 give notice of that time, date and place when he will be 
                 available to receive comments from members of the public 
                 regarding the proposed negative declaration or 
                 environmental impact report.  The Control Officer shall 
                 send such notice of time and place of consideration to 
                 all persons who have requested special notice, to the 
                 Resources Agency of the State of California, the 
                 Environmental Protection Agency and the California Air
                 Resources Board.  Any interested person may review the
                 negative declaration or draft environmental impact report 
                 and may make written comments to be sent to the Control 
                 Officer and be made a part of the consideration of the 
                 Control Officer at the time and place specified above.
          
          VII.   CONSIDERATION OF NEGATIVE DECLARATION

                 Negative declarations, together with any written comments
                 thereon, shall be transmitted to the Control Officer prior 
                 to the date set for his consideration.  The Control Officer
                 shall consider the negative declaration and comments, if 
                 any, and either adopt or reject the negative declaration 
                 prior to deciding to approve or disapprove the project.  If 
                 the Control Officer decides to adopt the negative 
                 declaration, then the Control Officer shall proceed to 
                 approve or disapprove the project.

          VIII.  NEGATIVE DECLARATION FURTHER ACTION

                 The Control Officer shall file a copy of the negative
                 declaration and notice of determination with the Clerk of 
                 the County in which the project would be located.  After 
                 the determination by the Control Officer to approve the 
                 project, the determination shall become final.

          IX.    EVALUATION OF PROPOSED ENVIRONMENTAL IMPACT REPORT
                 AND COMMENTS

                 After the period for considering comments on a draft
                 environmental impact report has expired, the Control 
                 Officer (or consultant, if any) shall prepare a final 
                 environmental impact report.

          X.     PRESENTATION OF ENVIRONMENTAL IMPACT REPORTS

                 The Control Officer shall complete the final environmental
                 impact report or shall receive from the consultant the 
                 final environmental impact report prior to his approval or
                 disapproval of the project.  The Control Officer shall
                 formally adopt the final environmental impact report and
                 consider its contents before he makes his decision on a
                 project.

          XI.    ENVIRONMENTAL IMPACT REPORT - FURTHER ACTION

                 The Control officer shall file a notice of determination 
                 with the Clerk or the County in which the project is 
                 located.  Such notice shall include:

                 (1) whether an environmental impact report has been 
                     prepared pursuant to the provisions of CEQA, and the 
                     Control Officer's approval or disapproval of the 
                     report;

                 (2) the Control Officer's approval or disapproval of the
                     project; and

                 (3) the determination  of the Control Officer of whether 
                     the project will or will not have a significant effect 
                     upon the environment.

          XII.   CONTROL OFFICER'S DECISION ON PROJECT

                 Before making a decision on the application, the Control
                 Officer shall consider the negative declaration or
                 environmental impact report prepared pursuant to this
                 procedure.  If the application is for a project or portion 
                 of a project for which another public agency has acted as 
                 the lead agency, the Control Officer shall consider the 
                 lead agency's environmental impact report or negative 
                 declaration and shall certify that he has reviewed and 
                 considered the information contained in them before acting 
                 upon or approving the project.  In considering any 
                 environmental impact report or negative declaration, the 
                 Control Officer shall consider all written and oral 
                 comments made in reference to such report or declaration.

                 After complying with all of the requirements of this
                 procedure, the Control Officer shall make his determination
                 on the application for an authority to construct or permit 
                 to operate in accordance with the rules and regulations of 
                 the District.