Larkspur Municipal Code Ch. 15.46 Supplemental Domestic Water Supply

Sections: 15.46.010 Purpose. 15.46.020 Definitions. 15.46.030 Design Standards. 15.46.040 Taking or Drawing Water from a Supplemental Domestic Water Supply. 15.46.050 Common Water Supply Restriction. 15.46.060 Prohibition. 15.46.070 Exceptions. 15.46.080 Notice on Property Title. 15.46.090 Inspection. 15.46.100 Common Water System Agreement.

The purpose of this chapter is to establish standards regulating the use of private water supplies for human consumption in order to protect the health, safety, and welfare of the public. (Ord. 803 § 1 (part), 1990)

For the purpose of this chapter, the following words and phrases shall mean and include:

“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 Marin County “Rules and Regulations for Establishing Minimum Domestic Water supply Requirements Pursuant to Marin County Code Chapter 7.28” adopted by the Marin County Board of supervisors.

“Common water supply” means a supplemental domestic water supply which serves more than one (1) but less than five (5) lots.

“Common water system” means a common water supply with appurtenant fixtures and facilities.

“Domestic water system” means a supplemental domestic water supply with appurtenant fixtures and facilities.

“Health officer” means the Health Officer of Marin County or their authorized representative.

“Individual water supply” means a supplemental domestic water supply which serves only one (1) lot.

“Lot” means land occupied or to be occupied by a building and its accessory buildings, together with such open spaces that may be required under the provisions of the State of California’s Title 22.

“Potable water” means water complying with the physical, bacteriological and chemical standards established by the State Department of Public Health and the United States Environmental Protection Agency.

“Supplemental domestic water supply” means a private source of water for human consumption to less than five (5) lots used only as a supplemental to Marin Municipal Water District service. (Ord. 1062 § 14, 2022; Ord. 860 §§ 2, 3 (part), 1993; Ord. 803 § 1 (part), 1990)

The design and construction of domestic water systems shall be in accordance with the current Marin County “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to Marin County Code Chapter 7.28” adopted by resolution of the Marin County Board of Supervisors and the provisions of the most current edition of the Uniform Building Code adopted by the City of Larkspur. Storage tanks must be contained within the primary building structure. (Ord. 803 § 1 (part), 1990)

Supply.

It is unlawful for any person to take, extract or draw water from a supplemental domestic water supply without first submitting an application to and receiving approval from the Marin County Health Officer. All applications shall be submitted in accordance with the current Marin County “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to Marin County Code Chapter 7.28,” adopted by resolution of the Marin County Board of Supervisors. If at any time these rules and regulations are not met, approval is immediately withdrawn and it becomes unlawful to take, extract or draw water from the supply. (Ord. 860 § 3 (part), 1993; Ord. 803 § 1 (part), 1990)

All lots to be served by a common water supply shall be contiguous and the source shall be on one (1) of them. (Ord. 803 § 1 (part), 1990)

No permit shall be issued for the taking, extracting or drawing of water from a supplemental domestic water supply serving more than one (1) lot if said supplemental domestic water supply is located within the servicing area of a public water district, or private water company subject to regulation by the California Public Utilities Commission; provided however a permit subject to the other requirements of this chapter shall be granted by the Health Officer, where such residential units are all located on the same lot. (Ord. 860 § 3 (part), 1993; Ord. 803 § 1 (part), 1990)

Any person who is refused a permit pursuant to Larkspur Municipal Code Section 15.46.060 may appeal the denial to the Larkspur City Council in writing, within five (5) working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established by the City Council for permits administered by the Department of Public Works. The City Council may grant a permit if, after a public hearing, the City Council finds that:

A. Strict application of Larkspur Municipal Code Section 15.46.060 will cause inordinate economic or other hardship to the property owner; and

B. Issuance of the permit would not be detrimental to the public health, safety and welfare, and

C. Users of any property served by the proposed domestic water system will be adequately protected from the risk of failure of their water supply, including their rights to a proportionate share of the water supply. (Ord. 803 § 1 (part), 1990)

Within thirty (30) days of approval of well operation by the City, the property owner shall provide adequate proof to the City, that a notice of well operation approval has been recorded on the property title. The notice shall state that approval is given under the conditions of this chapter and that the notice shall not be deleted from the deed without the prior written consent of the City of Larkspur. Specific wording of the notice shall be approved by the City of Larkspur, prior to recordation. (Ord. 803 § 1 (part), 1990)

If, after investigation, the Marin County Health Officer determines that the proposed supplemental domestic water supply is in accordance with the terms of this chapter, and it will not be injurious to the public health, they shall approve the application, and issue a permit therefor. Such permits may be made subject to such conditions as the Marin County Health Officer deems necessary to insure compliance with this chapter and for the protection of public health. (Ord. 1062 § 14, 2022; Ord. 860 § 3 (part), 1993; Ord. 803 § 1 (part), 1990)

For common water systems, there shall be an agreement among the parties served by the system to the approval of the Marin County Health Officer, describing their legal responsibility with respect to the maintenance, care and construction and operation of the system. The agreement, which shall be recorded against the deeds of the various lots, shall specifically designate the lots and their rights to take water including their rights to a proportionate share. The agreement shall also designate the obligations of the various lot owners to share the cost associated with the construction and/or operation of the system, and the manner of insuring continuous maintenance including the method for guaranteeing a party responsible for its maintenance. The purpose of this agreement is to protect the public health and safety by insuring that the common water system will not fall in disrepair, and will be maintained in accordance with the requirements of this chapter by designating those parties responsible to insure that the water system will comply with the requirements of this chapter. (Ord. 803 § 1 (part), 1990)

Any person dissatisfied with the decision of the Marin County Health Officer may file an appeal to the City Council, in writing, pursuant to provisions of Chapter 2.50. The appeal fee shall be established by resolution. (Ord. 853 § 5 (part), 1993; Ord. 803 § 1 (part), 1990)

Any person who violates or willfully fails to comply with any provision of this chapter is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a term not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 803 § 1 (part), 1990)

In addition to the penalties provided in Larkspur Municipal Code Section 15.46.120, any domestic water system or supply operated, or used in violation of any of the provisions of this chapter, or of the Marin County 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. 803 § 1 (part), 1990)