Mono County Municipal Code Ch. 7.60 Public Domestic Water Systems

The purpose of this chapter is to assure that the water furnished or supplied by the public domestic water supply systems within the jurisdiction of Mono County shall at all times be pure, wholesome, potable, healthful, and adequate in supply.

(Ord. 79-481 § 1 (part), 1979.)

A. As used in these regulations:

1. "Department" means the Mono County health department.

2. "Health officer" means the health officer of Mono County or his duly authorized representative.

3. "Public domestic water system" means a system, regardless of the type of ownership, for the provision to the public of piped water for domestic use, if such system has at least five service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year including:

a. "Community water system" means a public water system which serves at least fifteen service connections used by year-long residents or regularly serves at least twenty-five year-long residents.

b. "Noncommunity water system" means a public water system which meets one of the following criteria:

i. Serves at least twenty-five nonresidential individuals daily at least sixty days of the year, but not more than twenty-four year-long residents;

ii. Serves fifteen or more service connections and any number of nonresident individuals at least sixty days of the year, but no year-long residents.

c. "State small water system" means a public water system which meets one of the following criteria:

i. Serves from five to fourteen service connections and less than twenty-five individuals any part of the year;

ii. Serves fifteen or more service connections and any number of nonresident individuals less than sixty days per year;

iii. Serves five to fourteen service connections and twenty-five or more individuals less than sixty days per year.

4. "Water supplier," "water purveyor," or "person operating a public water system" means any person who owns or operates a public water system.

(Ord. 79-181 § 1 (part), 1979.)

The Mono County health department shall have the responsibility to monitor and enforce all applicable laws and requirements for public domestic water supply systems with less than two hundred service connections, motels, hotels, mobilehome parks, campgrounds, resorts, and any other place that provides water to their consumers, tenants, renters, or customers from a source other than a water utility operating under a valid permit.

(Ord. 79-481 § 1 (part), 1979.)

Minimum standards for the design, construction, operation, maintenance, repair, and monitoring for domestic water systems requiring a permit by this chapter shall be those standards in the California Health and Safety Code, Division 5, Part I, Chapter 7, "Water and Water Systems"; and California Administrative Code, Title 22:

A. "Water Works Standards" Sections 64551— 64644;

B. "Cross-connection Control" Sections 7583—7622;

C. "Operator Certification" Sections 7100—7134;

D. "California Domestic Water Quality and Monitoring Regulations," Sections 64401—64475.

(Ord. 79-481 § 1 (part), 1979.)

A. Application. No person shall furnish or supply water to five or more service connections for public domestic purposes from any source of water supply unless he first files an application for a permit to do so with the Mono County health department.

B. Investigation. Upon receipt of application for a permit pursuant to this chapter, the department shall make a thorough investigation of the proposed or existing source, or sources, facilities and distribution system and all other circumstances and conditions which it deems material. Upon request by the department the applicant shall furnish any appropriate information to accomplish the investigation.

(Ord. 79-481 § 1 (part), 1979.)

A. Conditions of Approval. Permits shall be issued subject to compliance with the standards provided by Section 7.60.040 and with the submission and subsequent approval of plans by the department demonstrating compliance with these standards. Permits may also include other conditions or requirements determined by the department to be necessary to accomplish the intent of this section. Permits shall expire one year from date of issuance.

B. Temporary Permit. The department may, for good cause, grant a temporary permit to any person who has filed an application for a permit as provided herein upon such terms as it determines are in the public interest for a period of time specified, not to exceed six months, to permit the petitioner to comply with the provisions of this chapter. On a further showing of good cause the temporary permit may be extended for not more than an additional three months.

C. Denial. If, upon the completion of the investigation, the department determines as a fact that the water furnished or supplied or proposed to be supplied is such that under any circumstances and conditions it is impure, unwholesome, unpotable or may constitute a threat to health, welfare or lives of human beings, or the existing or proposed source facility or distribution system is unsanitary or not suited to the production and delivery of pure, wholesome and potable water at all times, it shall deny the application and order the applicant to make such changes as it deems necessary to secure a continuous supply of pure, wholesome, potable water.

D. Revocation. Any permit issued may be revoked or suspended by the department at any time if it determines that the water being supplied or furnished by the permittee is or will become impure, unwholesome, unpotable or endanger the health of human beings.

E. Fees. Persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's cost of administering this chapter.

(Ord. 99-10 § 6, 1999; Ord. 79-481 § 1 (part), 1979.)

No person shall modify, add to, or change his source facilities or distribution system until he notifies the department, submits information required by the department and then receives approval from the department authorizing such modifications, additions, or changes. Any approval of a modification shall then become a part of the permit.

(Ord. 79-481 § 1 (part), 1979.)

Any person who furnishes or supplies water to a user for domestic purposes shall provide the department, at such person's expense, results of the analysis of such water as provided for in the California Administrative Code, Title 22, Sections 64401—64475 "California Domestic Water Supplies Quality and Monitoring Regulations."

(Ord. 79-481 § 1 (part), 1979.)

Variances to any rule or regulation promulgated by this chapter may be granted only by the procedures provided in California Health and Safety Code, Sections 4021—4022 subject to the approval of the State Department of Health Services, Sanitary Engineering Section.

(Ord. 79-481 § 1 (part), 1979.)

A. The health officer may at any and all reasonable times enter any and all places, property, and structures for the purpose of monitoring or making investigations to determine whether any provision of this chapter is being violated.

B. Every person who violates or fails to comply with any of the provisions of this chapter, or any order of the health officer issued pursuant to this chapter, or who procures, aids, or abets in any such violation, is guilty of a misdemeanor punishable by a fine not exceeding five thousand dollars or by imprisonment in the county jail not exceeding one year, or by both.

C. Each day's violation of any provision of this section, or of any order of the health officer issued pursuant to this chapter, beyond the time stated for compliance, shall be a separate and distinct offense.

D. Any person who has been served with a cease and desist order by the health officer may request the health officer for a hearing. The person shall file with the health officer 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 a summons in civil action. At the time and place set for the hearing, the health officer shall give the applicant and all other interested persons an adequate opportunity to present any facts pertinent to the matter at hand. The health officer may, when he deems it 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 health officer shall 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. 79-481 § 1 (part), 1979.)