Big Bear Lake Municipal Code Ch. 8.32 General Provisions

The following words shall have the following meanings:

A. "Abandoned well" and "abandonment" means and applies to a well which has not been declared for reuse by the legal owner with the director. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction and testing work has been completed. A well whose original or functional purpose and use has been discontinued for a period of one year or which is in such a state of disrepair that it cannot be made functional for its original purpose or any other function regulated by this division shall be considered an abandoned well.

B. "Agricultural well" means any water well used to supply water for irrigation or other agricultural purposes, including so-called "stock wells."

C. "Cathodic protection well" means any artificial excavation in excess of fifty feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection.

D. "Community water supply well" means any well which provides water for domestic water supply systems.

E. "Contamination" means an impairment of the quality of water of the city by wastes or other degrading elements to a degree which creates a hazard to the public health through the possibility of poisoning or through the possibility of the spreading of disease.

F. "Cross-connection" means any unprotected connection between any part of a water system used or intended to supply water for domestic purposes and any source or system containing water or other substance that is not or cannot be approved as safe, pure, wholesome and potable for human consumption.

G. "Customer system" means those parts of the facilities beyond the termination of the distribution system which are utilized in conveying water to points of use beyond point of delivery.

H. "Department" means the city department of environmental health services.

I. "Director" means the director of city environmental health services or his duly authorized representative.

J. "Distribution system" means and includes the facilities, conduits or any other means used for delivery of water from the source facilities to the customer's system.

K. "Domestic water hauler" means a person who transports water for domestic use in a common bulk container (tank) from source facilities to the customers' system. Domestic water hauler shall be defined not to include the transportation of bottled water from a state-licensed water- bottling plant.

L. "Domestic water supply system" means the source facilities and distribution system used for the provision of water to the public for human consumption, which have two or more service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year.

M. "Furnish" or "supply," used in its normal and natural meaning, means furnishing or supplying water to a domestic water supply system.

N. "Industrial well" means any well used primarily to supply water for industrial processes and may supply water intentionally or incidentally for domestic purposes.

O. "Individual domestic well" means any well used to supply water for domestic needs of an individual residence.

P. "Lateral (horizontal) well" means a well drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical well and does not include horizontal drains or wells constructed to remove subsurface water from hillsides, cuts or fills.

Q. "Observation well" means a well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

R. "Person" means any individual, firm, corporation or governmental agency.

S. "Pollution" means an alteration of the quality of the waters of the city by waste to a degree which affects:

1. such waters for beneficial uses, or

2. facilities which serve such beneficial uses. Pollution may include contamination.

T. "Source facilities" means and includes wells, stream diversion works, infiltration galleries, springs, reservoirs, tanks and all other facilities used in the production, treatment, disinfection, storage or delivery of water to the distribution system.

U. "Test hole" or "exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

V. "User" means any individual, firm, corporation or governmental agency using water for domestic purposes except that user shall not be defined to include any individual, firm, corporation or governmental agency furnishing or supplying water to the public in any manner.

W. "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. This definition includes:

1. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as water wells; or

2. Wells used for the purpose of:

a. Dewatering excavation during construction; or

b. Stabilizing hillsides or earth embankments.

(Ord. 82-72 § 1(part), 1982)

Upon receipt of application for a permit pursuant to this division, the department shall make a thorough investigation of the proposed or existing source facilities and distribution system and all other circumstances and conditions which it deems material.

(Ord. 82-72 § 1(part), 1982)

The department may require any permit holder or applicant to file a complete report on the condition and operation of the source facilities and distribution system. The report shall be made in such form and cover such matters as the department prescribes and by a suitably qualified person acceptable to the department at the sole cost and expense of the permit holder or applicant.

(Ord. 82-72 § 1(part), 1982)

A. The director may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this division is being violated.

B. It is unlawful for any person to furnish or supply to a user water used or intended to be used for human consumption or for domestic purposes which is impure, unwholesome, unpotable, polluted or dangerous to health.

C. Every person who violates or fails to comply with any of the provisions of this division, or of any order of the department issued pursuant to this division, or who procures, aids or abets in any such violation or failure, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the city jail not exceeding one year, or by both.

D. The continued existence of any violation of this division, or of any order of the department issued pursuant to this division, beyond the time stipulated for compliance with its provisions, constitutes a separate and distinct offense.

E. Anything done, maintained or suffered in violation of any of the provisions of this division is a public nuisance dangerous to health, and may be enjoined or summarily abated in the manner provided by law. Every public officer or body lawfully empowered so to do shall abate the nuisance immediately.

F. Any person who furnishes or supplies to a user water used or intended to be used for human consumption or for domestic purposes, without having an unrevoked permit so to do, may be enjoined from so doing by any court of competent jurisdiction at the suit of the director.

(Ord. 82-72 § 1 (part), 1982)

The director may grant an administrative variance to the provisions of this division where evidence is submitted that a modification of the standards, as provided herein, will not endanger the health or safety of the public generally and strict compliance would be unreasonable in view of all the circumstances.

(Ord. 82-72 § 1(part), 1982)

Any person whose application for a permit, or permit has been suspended, denied or revoked may request the department for a hearing. The person shall file with the department a written petition requesting the hearing and setting forth a brief statement of the grounds for the request. Notice of the hearing shall be given the applicant not less than five days prior to such hearing either by registered mail or in the manner required for the service of summons in civil action. At the time and place set for the hearing, the director will give the applicant and other interested persons an adequate opportunity to present any facts pertinent to the matter at hand. The director may, when he deems its necessary, continue any hearing by setting a new time and place and by giving notice to the applicant of such action. At the close of the hearing or at any time within ten days thereafter, the director will order such disposition of the application or permit as he has determined to be proper and will make such disposition known to the applicant.

(Ord. 82-72 § 1(part), 1982)

There is hereby authorized a water hygiene standards advisory committee which shall consist of seven persons who shall be appointed by the city council; one member each from the following agencies or positions: California State Department of Health, the department of environmental health services, a well driller, a water purveyor privately owned, a water purveyor publicly owned, a registered civil engineer, and a ground water hydrologist/registered geologist/ registered civil engineer. The purpose of this committee shall be to advise the director in matters relative to any part of this division. The director shall act as chairman of the committee.

(Ord. 82-72 § 1(part), 1982)

Permit fees and charges for services shall be as specified in the schedule of fees contained in Title 1, Division 6, Chapter 2, of this code. Well destruction permits are fee exempt.

(Ord. 82-72 § 1(part), 1982)

The administrative body for the purposes of inspection and administration shall be the San Bernardino County Department of Environmental Health Services.

(Ord. 84-100 § 2, 1984)