Imperial County Municipal Code Ch. 3 Exportation

Exportation facilities within the county shall be registered with the director.

A. Time for Registration of Existing Exportation Facilities. Exportation facilities existing on the effective date of the ordinance codified in this division shall be registered within one hundred and twenty (120) days of such effective date. Registration shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes and zoning ordinances or the state of California Well Construction Standards.

B. Time for Registration of New, Expanded or Reactivated Exportation Facilities. The operator of any new exportation facility which is constructed, or existing exportation facility which is expanded to increased capacity, or reactivated after abandonment or closure, shall be registered prior to such construction, expansion, or reactivation.

C. Form of Registration of Exportation Facility. Registration of exportation facilities shall be accomplished by filing a written registration with the director in a form prescribed by the commission.

D. Revocation of Registration of Exportation Facility. In the event that an operator fails to comply with exportation statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and the intent to revoke the registration, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner shall have fifteen (15) days after the mailing of such notice to comply with such requirements. If the operator or owner thereafter fails to comply, the director may revoke the operator's registration. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92203.00)

Unless otherwise exempt, no groundwater shall be exported from the county or from the groundwater basin from which the groundwater is derived unless the operator of the exportation facility has applied for and obtained a permit which establishes the quantity of groundwater which may be exported and the conditions on such exportation. Notwithstanding any conditions specified in the permit, operators of exportation facilities shall be subject to the provisions of Section 92204.00.

A. Time for Permitting Existing Facilities. Exportation facilities otherwise legally existing on the effective date of the ordinance codified in this division, shall be exempt from the permitting requirements of this section, provided that the exportation facility has been registered pursuant to Section 92203.00(A) within one hundred and twenty (120) days of such effective date. The operators of all other exportation facilities existing on the effective date of said ordinance shall obtain a permit within one hundred and twenty (120) days of such effective date. A permit shall not be a substitute for compliance with other applicable statutes, ordinances, and regulations, including but not limited to building codes, zoning ordinances or the state of California Well Construction Standards.

B. Time for Permitting New, Expanded or Reactivated Exportation Facilities. Except for replacement exportation facilities as defined below, the operator of any new exportation facility which is constructed, or existing exportation facility which is expanded, to increased capacity or reactivated after abandonment or closure, shall obtain a new or revised permit prior to such construction, expansion, or reactivation. A replacement of a legally existing exportation facility which has been closed within six months prior to the activation of the replacement exportation facility, shall not be deemed to be a new exportation facility if the replacement exportation facility is within the same groundwater basin and its capacity is equal or less than that of the closed exportation facility. Closure of the replaced exportation facility may be completed upon activation of the replacement exportation facility.

C. Revocation of Exportation Permit. In the event that an operator fails to comply with exportation statement or extraction statement filing requirements, or water flow measuring requirements, as required by this division, the director shall provide notice of such failure and intent to revoke the permit, in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the exportation facilities are located, at the address as shown on the latest equalized tax assessment rolls of the county. The operator or owner will have fifteen (15) days after the mailing of such notice to comply with such requirements. If the operator or owner thereafter fail to comply, the director may revoke the operator's permit. Notice of such revocation and of the right to appeal pursuant to Section 92209.01 shall be sent by the director in writing by registered mail to the operator at the operator's last known address and to any owner of the property on which the extraction facilities are located at the address as shown on the latest equalized tax assessment rolls of the county.

(Prior code § 92203.01)

The commission shall not issue any permit to export water from the county or from the groundwater basin from which the groundwater is derived unless the applicant has established that there is an available supply in excess of the amount currently required for reasonable and beneficial uses within the county, and the commission determines that such export, if permitted, would not adversely affect the rights of groundwater users within the county or the groundwater basin from which the groundwater is derived. The commission shall issue permits for export for such time periods and under such other terms and conditions, including the right to reduce or suspend exports, as the commission determines appropriate.

(Prior code § 92203.02)

Each exportation facility operator shall install a water flow measuring device on each exportation facility the operator operates. The measuring device shall conform to specifications established by the commission. The operator shall maintain a record of exportation. The commission may establish alternative reasonable methods to be used in computing the amount of water exported by exportation facilities.

(Prior code § 92203.03)

Every exportation facility operator shall, for each calendar quarter during which the exportation facility is in existence and not closed, file an exportation statement in a form prescribed by the commission, for each such exportation facility operated by the operator. Exportation statements shall be filed on or before the last day of the month immediately following the end of the reporting quarter.

(Prior code § 92203.04)

An operator closing an exportation facility shall, within thirty (30) days of such closure, provide written notice to the director of such closure. Thereafter, so long as the exportation facility shall remain closed, the exportation facility shall be exempt from all permit, reporting, and water flow measuring requirements of this division.

(Prior code § 92203.05)