Marin County Municipal Code Ch. 7.28 Domestic Water Supply

Prior ordinance history: Ords. 1463, 1660, 1754, 1784, 2343, 2351 and 2555.

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. 2598 § 1 (part), 1980)

For the purpose of this chapter, the following definitions shall apply:

"Domestic water supply" means a private source of water supplying water for human consumption to less than five lots.

"Individual water supply" means a domestic water supply which serves only one lot.

"Common water supply" means a domestic water supply which serves more than one but less than five lots.

"Domestic water system" means a domestic water supply with appurtenant fixtures and facilities.

"Lot," for the purpose of this chapter, means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces that may be required under the provisions of 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.

"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 Marin County Code Chapter 7.28," adopted by the county board of supervisors.

"Health officer" means the health officer of Marin County or his authorized representative.

(Ord. 2669 § 1, 1981: Ord. 2598 § 1 (part), 1980)

Construction of a domestic water supply within the coastal zone, as defined by the Coastal Act of 1976, may be subject to a coastal development permit pursuant to Chapters 22.56 and 22.57 of this code. Different standards, as set forth in Chapters 22.56 and 22.57, are applicable to projects located in coastal districts.

(Ord. 2637 § 1, 1987)

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 Marin County Code Chapter 7.28," adopted by the county board of supervisors and the provisions of Title 19 of this code.

(Ord. 2598 § 1 (part), 1980)

It is unlawful for any person to take, extract or draw water from a domestic water supply without first submitting an application to and receiving approval from the health officer. All applications shall be submitted in accordance with the current "Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to Marin County Code Chapter 7.28," adopted by resolution of the county board of supervisors.

(Ord. 2598 § 1 (part), 1980)

All lots to be served by a common water supply shall be contiguous and the source shall be on one of them.

(Ord. 2598 § 1 (part), 1980)

No permit shall be issued for the taking, extracting or drawing of water from a domestic water supply serving more than one lot if said 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, and the property is located in an area zoned agricultural.

(Ord. 2598 § 1 (part), 1980)

Any person who is refused a permit pursuant to Section 7.28.025 may appeal the denial to the board of supervisors in writing, within five working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established in the parent resolution of the county board of supervisors establishing fees for permits administered by the department of public works. The board of supervisors may grant a permit if, after a public hearing, the board of supervisors finds that:

(a) Strict application of Section 7.28.025 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. 2598 § 1 (part), 1980)

Notwithstanding the provisions of Sections 7.28.025 and 7.28.026, no permit shall be issued for the taking, extracting or drawing of water from a domestic water supply located within the coastal zone of the state of California, as that zone in defined in California Government Code Section 30103, unless the permit application complies with the requirements and restrictions of the North Central Coastal Commission and the Marin County local coastal plan with respect to the development of water wells.

(Ord. 2598 § 1 (part), 1980)

If, after investigation, the health officer determines that the proposed domestic water supply is in accordance with the terms of this chapter, and it will not be injurious to the public health, he shall approve the application, and issue a permit therefor. Such permits may be made subject to such conditions as the health officer deems necessary to insure compliance with this chapter and for the protection of public health.

(Ord. 2598 § 1 (part), 1980)

For common water systems, there shall be an agreement among the parties served by the system subject to the approval of the health officer, describing their legal responsibility with respect to the maintenance, care, 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. 2598 § 1 (part), 1980)

Any person dissatisfied with the decision of the health officer may file an appeal to the board of supervisors, in writing, within five working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established in the parent resolution of the county board of supervisors establishing fees for permits administered by the department of health and human services.

(Ord. 2669 § 2, 1981: Ord. 2598 § 1 (part), 1980)

Any person who violates or wilfully 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 nor more than five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 2598 § 1 (part), 1980)

In addition to the penalties provided in Section 7.28.050, any domestic water system or supply operated, or used in violation of any of the provisions of this chapter, or of this 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. 2598 § 1 (part), 1980)