Belvedere Municipal Code Ch. 8.32 Water Wells

Sections:

• 8.32.010 Purpose of provisions. 8.32.020 Policy. 8.32.030 Definitions.

• 8.32.035 Design standards.

• 8.32.040 Permit—Required for construction or remodeling.

• 8.32.050 Permit—Application requirements—Fees.

• 8.32.060 Permit—Issuance conditions.

• 8.32.070 Permit—Processing—Filing and recordation.

• 8.32.075 Common water supply restriction.

• 8.32.080 Inspection—Building inspector authority.

• 8.32.090 Building permit issuance prohibited when.

• 8.32.100 Enforcement—Notice of violation—City Engineer authority.

• 8.32.110 Appeal procedures—City Council authority.

• 8.32.120 Violation.

• 8.32.130 Abatement of nuisance.

The purpose of this Chapter is to protect groundwater and surface water by regulating the construction, placement, reconstruction and remodeling of water wells, water supply sources and test holes within the City. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.010.)

A. The council finds that improperly constructed, operated or maintained water wells and water supply sources can affect the public health adversely.

B. Consistent with the duty to safeguard the public health and welfare of the City, it is declared to be a policy of the City to require the location, construction and repair of water wells and other water systems to conform to

California State Department of Water Resources Standards as noted in DWR Bulletin Numbers 74-81 and 74-90 and as required in California Water Code Section 13801. Additionally, all rules and regulations established by Marin County Code #2598 and contained in Section I, Chapter 7.28 (except Sections 7.28.020, 7.28.022, 7.28.026, 7.28.027, and 7.28.045) shall apply, copies of which will be on file in the building department. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.020.)

A. “Approved water system” means a water system for human consumption which has been inspected, approved, and has a permit issued by the City, meeting the standards of Department of Water Resources Bulletin No. 74 and which meets the permit requirements by the City and complies with the physical, bacteriological and chemical standards established by the State Department of Public Health and the United States Environmental Protection Agency.

B. “Construction of water wells” means all acts necessary to obtain groundwater by wells, including the location and excavation of the well, and including the installation of pumps and pumping equipment.

• C. “Groundwater” means that part of the subsurface water which is in the zone of saturation.

D. “Health hazards” means any conditions, devices or practices in the water supply system and its operation which create, or may create, a danger to the health and well-being of any person.

E. “Surface water” means water that is derived either from natural or manmade stream flow or impoundment above zone of saturation.

• F. “Water system” means any water source, treatment facility, storage facility, or distribution system.

G. “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, extraction, or artificial recharge of groundwater.

H. “Adequate water” means the minimum amount of water supplied from a source or sources for domestic purposes for a proposed use or uses as established in the current “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to City of Belvedere Ordinance No. 90-2 adopted by the City Council.

I. All definitions contained in California Department of Water Resources Bulletin Numbers 74-81 and 74-90 and Chapter 7.28 of Section I of the Marin County Code apply. (Ord. 90-3 § 1, 1990; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.030.)

The design and construction of domestic water systems shall be in accordance with the current “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements” pursuant to the Belvedere Municipal Code; State Department of Water Resources Regulations contained in DWR Bulletin 74-81 and 74-90; and applicable regulations contained in County Code Section I Chapter 7.28 or subsequent revisions. (Ord. 90-2 § 1, 1990.)

No person shall construct or remodel a well without first submitting an application to, and receiving a permit from the City Engineer. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.040.)

All applications for approval shall be on a form prescribed by the City Engineer. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.070.)

A. If, after investigation, the City Engineer, after consultation with the building inspector, planning staff and county health officer, determines that the proposed work is in accordance with the purpose of this Chapter, is an approved water system and will not be injurious to the public health, safety or welfare, and after the applicant agrees to all conditions contained in the City’s waiver and indemnity agreement by signing said agreement, he shall approve the application and issue a permit upon payment in the amount of three hundred fifty dollars.

B. If an application should require more than an allowed time of three hours to review by City staff members, or unusual conditions develop requiring more than three inspections of a well site, the permit applicant/ permit holder shall be liable for additional fees to be determined by the City.

All lab testing for bacteriological, general mineral, inorganic chemicals, and general physical analysis shall be paid by the permit holder. (Ord. 91-3 § 1, 1991; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.050.)

A copy of each permit issued hereunder shall be filed with the Marin Municipal Water District, and a copy shall be recorded with the Marin County recorder. Such copies shall describe the property on which the well is located. (Ord. 90-3 § 1, 1990; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.080.)

All lots to be served by a common water supply shall be contiguous and the source shall be on one of them. (Ord. 90-2 § 1, 1990.)

A. The building inspector or his designee is authorized to inspect any water well, abandoned water well, water system or pump installation, and may, at reasonable times, enter upon and shall be given access to any premises for the purpose of such inspection.

B. Upon the basis of such inspection, if the building inspector or his designee finds that any laws have not been complied with, or that a health hazard exists, he shall disapprove the well, water system or pump installation. If disapproved, no such well, water system or pump installation shall thereafter be used until brought into compliance and any health hazard is eliminated. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.090.)

A. Nothing herein shall be construed to allow the issuance of a building permit without full compliance with the provisions of Chapters 13.16 and 16.04 of this Code.

B. No permit shall be issued for any well within fifty feet of the Belvedere Lagoon, or at an elevation of ten feet mean sea level or less at the surface, unless the depth of the well is sufficient, or other provisions have been made, in the opinion of the City Engineer, to prevent salt-water intrusion into the local groundwater table. (Ord. 90-3 § 1, 1990; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.060.)

A. Whenever the City Engineer has reasonable grounds for believing that there has been a violation of this Chapter, applicable state laws or any other relevant law or code, he shall give written notice to the person or persons alleged to be in violation. Such notice shall identify the provisions of law alleged to be violated and the facts alleged to constitute such violation.

B. Such notice shall be served by firmly affixing a copy of such notice in a prominent place on the premises and mailing a copy thereof, attested to by a written and signed proof of service, to the owner at the address shown on the last County assessment roll as provided to the City on an annual basis by the County Assessor/Recorder, or to such mailing address as is provided to the City in writing by the property owner, or to the lessee, agent or representative, or other person in charge of the premises. The notice may be accompanied by an order of the City Engineer requiring described remedial action, which, if taken within the time specified in such order, is not to exceed thirty days. Such order shall become final unless a request for hearing, as provided in Section 8.32.110, is made within ten days from the date of service of such order. (Ord. 2006-9 § 3, 2006; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.100.)

A. Person Entitled to Hearing. Any applicant or person aggrieved by any determination, decision, permit denial or issuance or similar action taken by the City Engineer under the provisions of this Chapter may appeal the action to the City Council.

B. Form, Time for Filing. Appeals shall be addressed to the City Council in writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the City Clerk within ten days after notification of the action or decision from which an appeal is taken.

C. Upon receipt of the appeal, the City Council shall set a hearing time and date, and the appellant shall be given notice thereof at the address shown on the application. The action appealed may be affirmed, reversed or modified by the City Council, whose action shall be final. (Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; Ord. 76-3 § 1, 1976; prior code § 23A.120.)

Violations of this Chapter may be punished as provided in Title One of this Code. (Ord. 2013-2 § 13, 2013; Ord. 90-2 § 1, 1990; Ord. 77-4 § 1, 1977; prior code § 23A.120.)

In addition to the penalties provided in Section 8.32.120, any domestic water system or supply operated, or used in violation of any of the provisions of this Section, or of the City municipal code or in accordance with any other provisions of applicable law is a public nuisance and may be abated in accordance with any other provision of applicable law. (Ord. 90-2 § 1, 1990.)