§ 5.04.040. Exemptions.

A.

The following activities are statutorily exempt from the requirements of CEQA for which no environmental impact report or negative declaration is required:

1.

Ministerial Projects. "Ministerial project" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. The following activities are normally ministerial:

a.

The connection or relocation of a customer's delivery (blue valve) that does not involve subsystem expansion and does not overburden the district's distribution system,

b.

The installation of a backflow prevention device,

c.

The issuance of a temporary permit or revocable license to travel on district land or rights-of-way,

d.

Other acts as may be determined to be ministerial on a case-by-case basis;

2.

Feasibility and planning studies (see Guidelines Section 15262);

3.

Emergency project (see Guidelines Section 15269);

4.

Ongoing projects (see Guidelines Section 15261);

5.

Rates, tolls, fares and charges (See Guidelines Section 15273).

B.

Categorically Exempt Projects. (See Guidelines Article 19 commencing with Section 15300.) The following are classes of projects and specific activities of the district which are categorically exempt:

1.

Class 1—existing facilities. (See Guidelines Section 15301.)

a.

Repair, maintenance and operation of features of the Hollister Conduit System, including San Justo Dam, Dike and Reservoir; the San Felipe Distribution System, including expansions; the San Benito River System, including Hernandez Dam, Reservoir, and appurtenances; Paicines Canal, Paicines Reservoir and appurtenant canals, pipelines and structures, including the Swanson Crossing of Tres Pinos Creek; and the Arroyo Dos Picachos System and of the structures, facilities and equipment used in the normal operations of the district,

b.

Minor alterations of the above listed facilities that involve negligible or no expansion of use;

2.

Class 2—replacement or reconstruction of existing structures and facilities. (see Guidelines Section 15302);

3.

Class 3—new construction or conversion of small structures (see Guidelines Section 15303);

4.

Class 4—minor alterations to land (see Guidelines Section 15304):

a.

Installation of pipes, valves and appurtenances by excavation, backfilling and, if necessary, repaving, provided the trenching is minor and the surface is restored,

b.

Landscaping,

c.

Grading with a slope of less than ten (10) percent without removal of mature scenic trees,

d.

Issuance of temporary permits or revocable licenses for minor encroachments on lands or rights-of-way of the district that have negligible or no permanent effects on the environment,

e.

Annual construction of berms at locations previously used by the district for such berms in the San Benito riverbed,

f.

Other minor alterations to land as authorized under the Guidelines Section 15304;

5.

Class 5—minor alterations in land use limitations (Guidelines Section 15305);

6.

Class 6—information collection (see Guidelines Section 15306);

7.

Class 7—actions by regulatory agencies for protection of natural resources (See Guidelines Section 15307);

8.

Class 8—actions by regulatory agencies for protection of the environment (See Guidelines Section 15308);

9.

Class 9—inspections (See Guidelines Section 15309);

10.

Class 11—accessory structure (See Guidelines Section 15311);

11.

Class 12—surplus government property sales (see Guidelines Section 15312);

12.

Class 19—annexation of existing facilities and lots for exempt facilities (see Guidelines Section 15319);

13.

Class 20—changes in organization of local agencies (see Guidelines Section 15320);

14.

Class 21—enforcement actions by regulatory agencies (see Guidelines Section 15321);

15.

Class 24—regulation of working conditions (see Guidelines Section 15324);

16.

Class 27—leasing new facilities (see Guidelines Section 15327).

C.

Determination and Notice of Exemption. The district shall determine whether a particular activity is exempt from CEQA and provide notices of exemption pursuant to the Guidelines Sections 15061 and 15062.

(Res. 97-13 § 3)