La Verne Municipal Code Ch. 13.10 Groundwater Resources Management

The city council of the city finds and declares that the findings in Ordinance No. 900 are true and based upon such findings that it is imperative for the protection of the public health, safety and general welfare of the citizens of the city that the city council adopt this chapter to regulate the development of groundwater wells and groundwater pumping within the city, and the exportation of groundwater from the city to protect and improve the quality of water produced by the city from area groundwater basins.

(Ord. 900 § 2, 1996)

For the purpose of this chapter, the terms used in this chapter are defined as follows:

"Groundwater"

means water in the zone of saturation. Groundwater is presumed to be percolating, although it does occur in known and definite channels.

"Groundwater exportation"

means exporting groundwater drawn or produced from any well operated by the city for delivery outside the city's service area.

"Nitrate removal"

means the removal of nitrates from groundwater by the production of ground-water which exceed MCL for nitrates from the groundwater basin.

"Overdraft"

means the condition of a groundwater basin where the amount of water withdrawn exceeds the amount of water which replenishes the basin over a period of time. Also, as the point at which extractions from the basin exceed the safe yield plus any temporary surplus.

"Radius of influence"

means the radial distance from the center of a well bore to the point where there is no lowering of the water table or potentiometric surface (the edge of the well's cone of depression).

"Safe yield"

means the maximum quantity of water which can be withdrawn annually from a groundwater supply under a given set of conditions without causing an undesirable result. The phrase "undesirable result" is intended to refer to a gradual lowering of the groundwater levels resulting in, or tending to result in, the eventual depletion of or the substantial diminution of the supply of water.

"Specific capacity"

means the volume of water pumped from a well in gallons per minute per foot of drawdown.

"Surplus water"

means water which may be drawn and produced from wells operated by the city without resulting in overdraft of the groundwater basin and which is in excess of the amount of water reasonably needed to supply the total actual water demand of all persons and entities supplied by the city whether the water is produced from city or private wells.

"Transmissivity"

means the rate of flow of water through an aquifer.

"Useable storage capacity"

means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

"Water table"

means the surface where groundwater is encountered in a well in an unconfined aquifer.

"Water well"

means a well devoted to the extraction of groundwater for domestic, agricultural, or other purposes.

(Ord. 900 § 2, 1996)

Except for the following exceptions, no person or entity, whether public or private, shall produce groundwater from a developed water well or export water outside of the city limits and/or its service area:

A. The water yielded is used for the beneficial use of the person or entity producing it and it is wholly used upon and within the boundaries of the property overlying the groundwater basin upon which it is produced;

B. The water produced is from a well operated by a "public water system," "community water system," a "noncommunity water system," or a "state small water system" as defined by Division 5, Part 1, Chapter 7 of the Health and Safety Code commencing with Section 4010, serving residents of the city;

C. The water produced is from a well operated by a "public water system," "community water system," a "noncommunity water system," or a "state small water system" as defined by Division 5, Part 1, Chapter 7 of the Health and Safety Code commencing with section 4010, and actually operating prior to calendar year 1996;

D. The city may supply water to an area proposed to be annexed by the city;

E. The city may deliver water to regions outside its city limits or service area in an effort to improve groundwater quality and to promote effective management of area basins;

F. The city may supply water to areas outside its city limits or service area boundaries in the event of an emergency; and

G. Pursuant to Section 13.12.030 (B), a person or entity may supply water to an area to be annexed by the city, if the city council has, by resolution, declared that it does not intend to supply or furnish water to the area proposed to be annexed.

(Ord. 900 § 2, 1996)

It be unlawful for any person or entity to operate, or for any property owner to allow any person or entity to operate, any well in such a manner that the radius of influence of such well:

A. Extends beyond the boundaries of the parcel of land upon which the well is located, or alternatively, beyond the boundaries of contiguous parcel of land under the same ownership as that parcel upon which the well is located, excepting a domestic water well serving any "public water system," "community water system," "noncommunity water system," or a "state small water system"; or

B. Encroaches upon the radius of influence of an existing domestic water well or otherwise interferes with the operation of an existing domestic water well.

(Ord. 900 § 2, 1996)

It is unlawful for any person or entity to undertake any project which may affect the quality of groundwater without first securing a well development permit as provided for in Sections 13.10.060 through 13.10.090, excepting groundwater improvement projects authorized and implemented prior to the adoption of this chapter. In addition to the findings required in Section 13.10.080, all applications for groundwater quality projects must demonstrate to the satisfaction of the public works director that the project is likely to improve the quality of groundwater.

(Ord. 900 § 2, 1996)

It is unlawful for any person or entity to drill, create, or otherwise develop any new well for the purpose of groundwater extraction or to undertake any project which may affect the quality of groundwater without first securing the approval of the city as provided for in this chapter. Approval by the city shall be required in addition to any other required permits or approvals of state or other agencies.

(Ord. 900 § 2, 1996)

An application for development of a groundwater well shall be filed with the city's public works department on forms provided by the department and shall contain all information required by the department. A request for environmental review thereof shall be filed concurrently as required by city and state environmental guidelines. The application for well development and request for environmental review shall be accompanied by the fees established therefor from time to time by resolution of the city council. Upon receipt of the application and applicable fees, the public works department shall review the application with affected departments and agencies including, but not limited to, the State Department of Water Resources, the Regional Water Quality Control Board, and any applicable basin manager/watermaster. After obtaining the comments of affected agencies, the department shall cause the application together with all received comments to be forwarded to the public works director for review and action.

(Ord. 900 § 2, 1996)

In reviewing the application, the public works director shall consider information presented by the staff and all effects the proposed well development permit may have on the affected groundwater, and the affected aquifer or aquifers, including but not limited to, the hydraulic gradient, hydrology, percolation, permeability, piezometric surface, porosity, recharge, safe yield, specific gravity, spreading water, transmissivity, usable storage capacity, water table, and zone of saturation. The public works director may request any additional geological studies deemed necessary to obtain information required to reach a decision. The cost of all such studies shall be borne by the applicant.

(Ord. 900 § 2, 1996)

The permit referred to in this chapter may only be granted where the public works director, after having reviewed the potential effects referred to in Section 13.10.080, finds and determines that the permit will not bring about an overdraft, will not adversely affect the transmissivity within the aquifer, will not harm existing groundwater wells, or will not adversely affect the water table, safe yield or water quality of the basins. The decision of the director may be appealed to the city council in accordance with the provisions of section 13.10.100. The director shall impose such conditions upon the permit so as to prevent the overdraft, and may impose conditions including, specifically, but not limited to, a requirement for observation and/or monitoring wells, that the director deems necessary for the health, safety, and welfare of the people of the city. Notwithstanding the foregoing, the director may issue the permit if the director finds that the applicant has provided for mitigation which will offset any adverse impact that is determined to exist.

(Ord. 900 § 2, 1996)

Within thirty days of a written decision by the public works director and upon payment of the appropriate fee, the applicant, any interested person or entity, or any member of the city council may appeal such decision to the city council by filing a letter of appeal to the city clerk which specifies the nature and basis of the appeal, excepting that no appeal fee shall be applicable when the appeal is requested by a member of the city council. Appeals shall be limited to the action beyond the authority of the public works director, action based upon incorrect information, or the fact that the decision violates the provisions of law. The city council shall review the facts presented by the applicant to the public works director as required in Sections 13.10.080 and 13.10.090 of this chapter. The decision of the city council shall be final.

(Ord. 900 § 2, 1996)