Monterey County Municipal Code Ch. 15.04 Domestic Water Systems

Under Section 116340 of the California Health and Safety Code, as may be amended from time to time, the Health Officer of Monterey County has authority to regulate and carry out the local drinking water program.

(Ord. 4056, 2000)

(Ord. No. 5438, § 2, 9-16-2025)

a. Every citizen of Monterey County has the right to pure and safe drinking water.

b. This Chapter is intended to ensure that the water delivered by domestic water systems of Monterey County shall be pure, wholesome, and potable at all times. The provisions of this Chapter provide the means to accomplish this objective.

c. It is the intent of Monterey County to improve laws governing drinking water quality and to establish drinking water standards which are at least as stringent as those established under Chapter 15 of Title 22 of California Code of Regulations.

d. It is the further intent of Monterey County to establish drinking water regulatory program within the Monterey County Health Department in order to provide for the orderly and efficient delivery of safe drinking water within the County.

e. It is the policy of Monterey County to reduce the proliferation of water systems. The provisions of this Chapter provide the means to accomplish this objective by requiring the consolidation and incorporation of proposed and existing water systems when feasible.

f. Proliferation of water systems results from fragmentation of existing water systems. It is the intent of Monterey County to prevent construction of new systems within the service boundaries of existing water systems, analogous to the anti-paralleling rules of the Public Utilities Commission.

g. It is the intent of Monterey County to implement the goal of the County General Plan Policy which is to promote adequate water service for all County needs and to achieve a sustained level of adequate water services. The provisions of this Chapter provide the means to accomplish this objective by implementing Sections 53.1.1 through 53.1.5, inclusive, of said Policy which state in part as follows:

1. The County shall encourage coordination between those public water service providers drawing from a common water table to assure that the water table is not overdrawn.

2. The County shall not allow water consuming development in areas which do not have proven adequate water supplies.

3. New development shall be required to connect to existing water service providers which are public utilities, where feasible.

4. Proliferation of wells, serving residential, commercial, and industrial uses, into common water tables shall be discouraged.

(Ord. 4056, 2000)

(Ord. No. 5438, § 3, 9-16-2025)

This Chapter is intended to provide the means to ensure that the water delivered by domestic water systems shall at all times be pure, wholesome, and potable.

It is the intent of the California State Legislature to improve laws governing drinking water quality, to improve upon the minimum requirements of the Federal Safe Drinking Water Act Amendments of 1966, to establish primary drinking water standards that are at least as stringent as those established under the Federal Safe Drinking Water Act, and to establish a program that is more protective of public health than the minimum Federal requirements. (California Health and Safety Code Section 116270(f), as may be amended from time to time.)

Therefore, the purposes of this Chapter are to: (1) regulate construction, installation, maintenance and operation of domestic water systems which have at least two (2), but not more than fourteen (14) service connections; (2) supplement minimum State laws and standards for construction, installation, maintenance, and operation of state small water systems; and (3) regulate the quality and quantity of water supplied to and by such water systems, thereby promoting the public health, safety, and welfare.

(Ord. 4056, 2000; Ord. 2250 § 1,1977)

(Ord. No. 5438, § 4, 9-16-2025)

Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular includes the plural and the plural the singular.

As used in this Chapter, unless otherwise apparent from the context:

a. "Accessory dwelling unit" has the same meaning as "dwelling unit, accessory" set forth in Monterey County Code Section 21.06.372, as may be amended from time to time.

b. "Centralized treatment" means a single treatment plant or device that treats all of the water supplied by a water system for human consumption.

c. "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

d. "Consumer" means a customer or person served by the water system.

e. "Department" means the Monterey County Health Department.

f. "Director" means the Director or authorized representative of the Monterey County Health Department, designated to carry out the drinking water program.

g. "Domestic water system" means any water system including a local small water system or a state small water system.

h. "Human consumption" means the use of water for drinking, bathing or showering, hand washing, food preparation, cooking, or oral hygiene.

i. "Impacted water system" means a domestic water system that does not meet primary water quality standards per Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, as such standards are incorporated into Chapter 15.04.110 of the Monterey County Code.

j. "Local small water system" means a system for the provision of piped water for human consumption that serves at least two, but not more than four, service connections. It includes any collection, treatment, storage, and distribution facilities under control of the operator of such system which are used primarily in connection with such system, and any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with such system. "Local small water system" does not include two or more service connections on a single lot of record where none of the dwellings are leased, rented, or offered for remuneration.

k. "Maximum contaminant level" or "MCL" means the maximum permissible level of a contaminant in water.

l. "Person" includes an individual, firm, association, partnership, corporation, and public entity.

m. "Point-of-use" or "POU" means a treatment device applied to a single tap for the purpose of reducing contaminants in drinking water at that tap.

n. "Point-of-entry" or "POE" means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building. Notwithstanding the foregoing, where all the water supplied by a water system for human consumption is treated by the water system via a single device or facility, regardless of location of the device or facility, the water system shall be considered to have centralized treatment.

o. "Service connection," consistent with Section 21.06.1010 of the Monterey County Code, means a connection to any habitable structure, except a guesthouse, or parcel which uses potable water from a water system for domestic and not agricultural purposes.

p. "State small water system" means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than fourteen (14), service connections and does not regularly serve drinking water to more than an average of twenty-five (25) individuals daily for more than sixty (60) days out of the year. It includes any collection, treatment, storage, and distribution facilities under control of the operator of such system which are used primarily in connection with such system, and any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with such system.

q. "Source" means a well, spring, lake, stream, or hookup with an approved public water supply. It excludes water from a water storage tank or facility.

r. "User" means any person using water for human consumption or domestic purposes.

s. "User connection" means the point of connection between the user's or consumer's piping or ditch, and the water system's meter, service pipe, or ditch.

(Ord. 4056, 2000; Ord. 2250 § 3, 1977)

(Ord. No. 5310, § 2, 6-18-2019; Ord. No. 5438, § 5, 9-16-2025)

a. No person shall either construct or operate a domestic water system unless a permit to construct or operate the water system has been issued by the Director. Any person who holds a valid permit for the construction or operation of a domestic water system issued by the Department prior to the adoption of the ordinance codified in this Chapter shall be deemed to have been issued a permit in compliance with this Chapter.

(Ord. 4056, 2000; Ord. 2250 § 3, 1977)

a. Application for the permit required by Section 15.04.030 shall be made to the Director in writing in such form as the Director may prescribe, signed by the applicant, accompanied by a fee prescribed in Section 10.08.050S and setting forth such information as the Director may reasonably require to secure the purpose of this Chapter.

Requirements of Subdivision b shall apply to every proposed domestic water system, or existing water system applying for an amended permit as required in Section 15.04.070.

b. Any domestic water system applying for a new or amended domestic water supply permit shall submit the following information to the Director as part of the permit application:

1. Locations of any existing public, private, or mutual water systems that are regulated by the Department or the California Department of Health Services, in the general area of the proposed water system, will be furnished to the applicant. The applicant shall submit findings to demonstrate whether it is feasible to expand an existing water system to serve each connection within the proposed water system.

2. Technical report: the report shall describe the proposed or existing system as follows: service area, distribution system including storage and pumping facilities, the water source including source capacity, water quality, and any water treatment facilities. The report shall identify the legal owner of the system and the person responsible for day-to-day operation of the system. The report shall include a plan for notification of those served by the system under emergency conditions. The report shall describe the operating plan for the system and shall specify how the responsible person will respond to failure of major system components.

c. In addition, the applicant shall submit the following:

1. A true copy of a recorded agreement or if a mutual water company, a copy of the by-laws, by and between the applicant and the other persons who are, or may become associated in the use of the system facilities, which shall specify the manner in which the expense and responsibility for the maintenance, and operation of the system and compliance with the requirements of this Chapter shall be borne or apportioned, or as a condition of approval, that a copy of the Articles of Incorporation as required by the Department of Real Estate be submitted, pursuant to California Corporations Code Section 14312(a)(13), as may be amended from time to time.

2. Evidence satisfactory to the Director that the applicant has a legal right to the use of the water and land which the applicant proposes to use in and for the water system.

3. The name of a person or persons who shall act as the principal contact or intermediary with the Director, and who at all times, shall be available and legally responsible for furnishing water to the proposed service connections indicated in the permit application and otherwise performing the obligations required of a permit holder by this Chapter.

4. If a mutual water company, evidence satisfactory to the Director that the legal ownership of a state small water system will be an incorporated entity as follows: (1) as a condition of approval, following incorporation, the Articles of Incorporation and Bylaws, for the state small [water system] shall be submitted to the Director; and (2) as a condition of approval, a copy of the separate document which is submitted to the California Department of Real Estate, pursuant to Corporations Code Section 14312(a), as may be amended from time to time, shall be submitted to the Director.

d. Upon determination that an application and all supporting documents submitted pursuant to this Chapter is complete, the Department shall make a thorough investigation of the proposed or existing plant, works, system, or water supply, and all other circumstances and conditions that it deems material.

(Ord. 3256 § 3, 1987; Ord. 2988, 1984; Ord. 2943, 1983; Ord. 2250 § 4, 1977; Ord. 4056, 2000)

(Ord. No. 5438, § 6, 9-16-2025)

a. Director's Investigation. Upon receipt of an application and all supporting documents filed pursuant to this Chapter, the Director shall make a thorough investigation of the proposed or existing system and all other circumstances and conditions which he or she deems material.

1. Following completion of the investigation and satisfaction of the requirements of this Chapter, the Department shall issue or deny the permit. The Department may impose permit conditions, requirements for system improvements, and time schedules as it deems necessary to assure a continuous, reliable and adequate source of water that is pure, wholesome, potable, and does not endanger the health of consumers at all times, and to assure that the system will be lawfully operated on a continuing basis by a responsible person.

2. Any local small or state small water system that was not in existence on January 1, 1998, shall not be granted a permit unless the water system demonstrates to the Department that the water supplier has adequate capability to assure the delivery of pure, wholesome, and potable water for human consumption.

3. Any local small or state water system which was not in existence on January 1, 1998, shall not be granted a permit unless the water system demonstrates to the Department that sufficient water is available from the system's sources and distribution storage facilities to provide continuous and adequate supply of drinking water for each service connection served by the system.

4. No domestic water system shall be issued a permit if water service for each connection or all connections of a proposed water system is available from a public, private, or mutual water system thereby eliminating the necessity of formation of an additional water system. Availability shall be determined, on a case by case basis, in consideration of the following: willingness of the water system to provide service, a reasonable economic standard, long-term viability, and a determination that the water system will have an adequate source and supply of water. A determination by the Director pursuant to this Section, shall be subject to the appeal process below at Section 15.04.180.

5. Local small or state small water system shall comply with the standards and requirements as set forth in Section 15.04.130 and in the most recent edition of Chapter 16, "California Waterworks Standards," of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, regarding design and construction of water systems.

b. Grounds for Denial. The Director shall deny the application for a permit until the applicant makes any necessary changes, as determined by the Director, to secure a continuous and adequate supply of pure, wholesome, healthful, and potable water, and to assure that the system will be lawfully operated on a continuing basis by some responsible person. If, upon completion of the investigation, the Director determines that any of the following conditions exist, the Director shall deny the application:

1. There is no person who, at all times, will be available and legally responsible for the proper performance of the things required of a permit holder by this Chapter.

2. Pursuant to Subsection (a)(5) above, no domestic water system shall be issued a permit if water service for each connection or all connections of a proposed water system is available from a public, private, or mutual water system thereby eliminating the necessity of formation of an additional water system. Availability shall be determined, on a case by case basis, in consideration of the following: willingness of the water system to provide service, a reasonable economic standard, long-term viability, and a determination that the water system will have an adequate source and supply of water. A determination by the Director pursuant to this Section, shall be subject to the Appeal process below at Section 15.04.180.

3. The water furnished or supplied, or proposed to be supplied, is such that under all the circumstances and conditions it is not pure, wholesome, and potable or may constitute a menace or danger to the health or lives of human beings, or that the existing or proposed plant, works, system or water supply, or proposed modifications, are unhealthful or unsanitary, or not suited to the production and delivery of pure, wholesome, and potable water at all times for health and normal household use.

4. The quantity of water supplied, or proposed to be supplied, is less than the minimum amount required by Section 15.04.140.

5. The system as proposed will not comply with the design and construction standards specified in this Chapter.

c. If the Director determines that none of the conditions specified in Subsection b of this Section exists, and that issuance of the permit for the proposed or existing system is consistent with the provisions in this Chapter, and with the standards incorporated into this Chapter by reference, the Director shall grant a permit authorizing the applicant to furnish or continue to furnish or supply water. If the Director grants such a permit, the Director may condition it in such a manner as the Director deems advisable to secure the purposes of this Chapter.

d. No person to whom such a permit has been issued pursuant to this Chapter shall fail to comply with all of the terms and conditions of the permit and with the standards incorporated into this Chapter by reference.

(Ord. 4056, 2000; Ord. 2250 § 5, 1977)

(Ord. No. 5438, §§ 7, 8, 9-16-2025)

The Director may order repairs, modifications, or additions to domestic water systems, or installation of purification and treatment works, or changes in the source of the water supply, or any other measure necessary to ensure that the water supplied by the system will be acceptable for human consumption and, will not be subject to backsyphonage under normal operating conditions, and the quantity supplied is not less than the minimum amount required by Section 15.04.140. Any order requiring such repairs, modifications, additions or changes shall designate the period within which the order is to be performed. If the order is not performed within the period allowed, the Director may revoke the permit, as provided in Sections 15.04.075 and 15.04.080.

(Ord. 4056, 2000; Ord. 2250 § 6, 1977)

a. No person operating a domestic water system shall add or modify the system's source of supply, add or change the method of treatment of the water supply, or change the system's distribution unless an amended permit has been issued by the Director.

b. Application for an amended permit shall be made in accordance with the provisions of Section 15.04.040, and shall be investigated, considered, determined and issued or denied upon the same terms and conditions as provided in Section 15.04.050 of this Chapter.

c. An amendment to the local small or state small water system operating permit is required to allow a POU or POE treatment program that conforms to the requirements of Chapter 15.06 of the Monterey County Code. The amendment must be renewed annually by the water system. If opportunities for grant funding resources to support long-term water treatment solutions become available, the water system shall demonstrate that it is pursuing such funding in order to be eligible for renewal.

(Ord. 4056, 2000)

(Ord. No. 5310, §§ 3, 4, 6-18-2019; Ord. No. 5408, § 2, 11-28-2023; Ord. No. 5438, § 9, 9-16-2025)

a. The Director, after a hearing noticed and conducted pursuant to Section 11500 of the Government Code, may suspend or revoke any permit issued pursuant to this Chapter if the Director determines pursuant to the administrative record, and the evidence presented at the hearing that the permittee is not complying with the permit, this Chapter, or any regulation, standard, or order issued and adopted thereunder, or the permittee has made a false statement or representation on any application, record, or report maintained or submitted for the purpose of compliance with this Chapter.

b. The Department may temporarily suspend any permit issued pursuant to this Chapter prior to any hearing when the action is necessary to prevent an imminent or substantial danger to human health as determined by the Director. The Director shall notify the permittee of the temporary suspension and the effective date thereof and concurrently notify the permittee that a hearing has been scheduled. The hearing shall be held no later than fifteen (15) days after the effective date of the temporary suspension. The temporary suspension shall remain in effect until the hearing is completed and the Director has made a final determination on the merits. Upon completion of the hearing, a final determination by the Director shall be made and transmitted by U.S. Mail, within fifteen (15) days. If the determination is not transmitted within fifteen (15) days after the completion of the hearing, the temporary suspension shall have no further effect thereafter.

c. No person shall continue to operate a domestic system, or to furnish or supply water therefrom, after his or her permit has been suspended or revoked, unless and until the permit has been reinstated by the Director.

(Ord. 4056, 2000; Ord. 2250 § 8, 1977)

Any person who operates a domestic water system shall do the following:

a. Comply with primary and secondary drinking water standards contained in Chapter 15, of Title 22, California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference. However, operators of local small water systems may apply for a variance from the secondary drinking water standards pursuant to Section 15.04.170.

b. Ensure that the water system will not be subject to backflow or back-syphonage under normal operating conditions.

c. Provide a permanent, reliable, continuous and adequate supply of pure, wholesome, and potable water.

(Ord. 4056, 2000)

a. In determining whether or not the quality of water supplied, or proposed to be supplied, meets the requirements specified in this Chapter for the issuance of a permit, the Director shall require that each source of drinking water be sampled and analyzed for bacteriological and chemical quality, at the expense of the applicant, and that reports of such analysis be submitted to the Director.

b. Each water sample for chemical or bacteriological quality analysis shall be analyzed by a laboratory certified by the California Department of Health Services to perform the analyses in drinking water, using approved EPA Methods.

(Ord. 4056, 2000; Ord. 2250z 9(a), 1977)

a. Each water supplier operating a State small water system shall collect a minimum of one routine sample from the system for total coliform bacteria analysis at least once every three months.

b. Each water supplier operating a local small water system shall collect a minimum of one routine sample from the system for total coliform bacteria analysis at least once every year.

c. If any routine sample is total coliform-positive, the water supplier shall collect a repeat sample from the same location within forty-eight (48) hours of being notified of the positive result. If the repeat sample is also total coliform-positive, the sample shall also be analyzed for the presence of fecal coliform or Escherichia coli (E. coli). If the repeat sample is total coliform-positive, the water supplier shall notify the Department within forty-eight (48) hours of being notified of the result and shall take corrective actions to eliminate the cause of the positive samples.

d. Additional samples shall be collected by the water supplier when any of the following conditions apply:

1. Community or system-wide illness suspected of being waterborne;

2. Vandalism and/or unauthorized access to facilities;

3. Physical evidence indicating bacteriological contamination of facilities;

4. Any interruptions in the treatment process;

5. After construction or repair of wells;

6. After construction, repair, or maintenance of storage facilities;

7. After main installation or repair; and

8. Water system pressure loss to less than five psi. Samples collected shall represent the water quality in the affected portion of the water system.

e. Results of the laboratory analyses shall be reported to the Department no later than the tenth day of the month following receipt of the results by the water system.

(Ord. 4056, 2000)

a. Each water supplier operating a domestic water system shall sample each water source prior to any treatment at least once. The sample shall be analyzed for all primary, excluding organic chemicals, and secondary (aesthetic) chemicals listed in Chapter 15 of Title 22 of the California Code of Regulations as may be amended from time to time, and incorporated herein by this reference. The sample shall be analyzed by a laboratory certified by the California Department of Health Services to perform the analyses in drinking water, using approved EPA Methods.

b. Each water source which has been designated as vulnerable by the Director shall be sampled by the water supplier at least once prior to any treatment and analyzed for volatile organic chemicals according to EPA Method 502.2. The analysis shall be performed by a laboratory certified by the California Department of Health Services to perform EPA Method 502.2 analyses for organic chemicals in drinking water. A copy of the results of the analysis shall be distributed by the water supplier to each user of the water system within ninety (90) days of receiving the results, and a copy of the distribution notice shall be provided to the Director.

c. If the level of any primary or secondary chemical exceeds the maximum contaminant level, the water supplier shall notify the Department within forty-eight (48) hours from the receipt of the analysis and collect one additional sample within fourteen (14) days to confirm the result. If the average of the two samples collected exceeds the maximum contaminant level, the water supplier shall report this information to all users and the Department within forty-eight (48) hours and shall monitor quarterly beginning in the next quarter after the violation has occurred. Less frequent monitoring for any secondary chemical exceeding the maximum contaminant level may be allowed if, in the discretion of the Director, the quality of water is not objectionable to an appreciable number of users of the water system.

d. The water supplier shall collect an additional sample to be analyzed for primary and secondary chemicals as required by the Department, if the Director has a reason to suspect that water quality in the water system has changed or has not been monitored within the last five years, to ensure compliance with drinking water standards.

e. If the Department determines that a water system is subject to potential contamination, the Department may, by order, require the water system to conduct a periodic water analysis in accordance with conditions specified by the Department. The water analysis shall be performed on a quarterly basis, unless the Department finds that reasonable action requires either more or less frequent analysis.

f. Results of all laboratory analyses shall be reported to the Department no later than the tenth day of the month following receipt of the results by the water system.

(Ord. 4056, 2000)

a. The water supplier shall comply with any corrective actions ordered by the Director for any primary or secondary chemical contaminant which exceeds the maximum contaminant levels established in Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, incorporated herein by this reference.

b. Water exceeding the maximum contaminant levels established in Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, shall not be supplied to users of the water system for human consumption or domestic purposes.

c. For local small and State small systems, surface water sources and water exposed to potential bacteriological contamination sources, shall be treated by filtration and disinfection , and turbidity level of the treated water shall not exceed 0.5 turbidity units for an acceptable level of public health protection.

d. Deviations exceeding any of the maximum contaminant levels for secondary (aesthetics) chemicals may be allowed, in the discretion of the Director, if adequate chemical treatment is provided, or if the quality of water from the water system is not objectionable to an appreciable number of users.

(Ord. 4056, 2000)

This Section incorporates Chapter 16, "California Waterworks Standards," of Title 22 of the California Code of Regulations, as may be amended from time to time, to establish standards and requirements for the design and construction of domestic water systems.

a. Construction of a new domestic water system shall comply with the provisions of Chapter 16 of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein, including, but not limited to, standards and requirements for basic design, water quantity, source and storage capacities, water pressure, main selection and installation, pipeline design and standards, valve selection, location and installation, disinfection of source, storage and distribution system, and other appurtenant components of the water system.

b. New water systems shall be designed and constructed such that the system provides capability to allow for future consolidation with another system, service area, or adjacent development and to facilitate future interconnection with another water system, looping systems when preferable according to engineering practices, unless special circumstances exist, as determined by the Director pursuant to Section 15.04.170.

c. Any new proposed water system and any expansion, modification, or changes to the water system shall be designed by a professional civil engineer registered in the State of California with experience in water system engineering or other qualified individual with a minimum of three years experience in water system design and construction to be approved by the Department.

d. All operating water system facilities shall be protected against unauthorized entry and vandalism.

e. Each new water supply well for the water system shall be constructed in accordance with the Monterey County Code Chapter 15.08 and the California Department of Water Resources Bulletins 74-81 and 74-90. Proposed well sites shall be investigated to determine the distance from all contamination sources including, but not limited to, sewage collection and disposal facilities, and any hazards therefrom shall be eliminated prior to well construction.

f. Use of water main size smaller than four inches inside diameter shall be approved by the Department prior to construction, but in no case be less than two inches inside diameter, and shall meet the following requirements:

1. The installation is designed by a professional civil engineer registered in the State of California with experience in water system engineering; and

2. The engineer submits findings to demonstrate the ability of proposed main size to meet specific water quantity demands and minimum pressures.

g. 7057. System Pressure.

1. Normal operating pressure at the service connection shall not be less than twenty-five (25) pounds per square inch gauge (p.s.i.g.) nor more than one hundred twenty-five (125) p.s.i.g., except that during periods of hourly maximum demand at the time of peak seasonal loads the pressure may be not less than twenty (20) p.s.i.g. and that during periods of hourly minimum demand the pressure may be not more than one hundred fifty (150) p.s.i.g. Variations in pressures under normal operation shall not exceed fifty (50) percent of the average operating pressure. The average operating pressure shall be determined by computing the arithmetical average of at least twenty-four (24) consecutive hourly pressure readings.

2. In a water system supplying customers at widely varying elevations, the water system utility may furnish a service which does not comply with the foregoing pressure specification, if the customer is fully advised of the conditions under which average service may be expected, and the customer's agreement is secured in writing.

3. New water systems, or new pressure zones in existing water systems supplying customers at substantially constant elevation shall be designed to maintain an operating pressure at the service connection of not less than thirty-five (35) p.s.i.g. nor greater than one hundred (100) p.s.i.g.

(Ord. 4056, 2000)

(Ord. No. 5438, § 10, 9-16-2025)

a. Every domestic water system shall provide sufficient water from the water sources and storage facilities to adequately, reliably and safely meet the maximum water demand at all times.

b. Water sources shall demonstrate reliability and capability of a long-term sustained yield in accordance with the requirements of Chapter 16 of Title 22 of the California Code of Regulations. In addition, water sources for local small water systems shall supply sufficient water quantity in accordance with the minimum capacity expressed in gallons per minute set forth in the following table:

* When the second service connection is on the first parcel under one ownership, the quantity of water required will be at the Director's discretion.

c. In order to determine whether the proposed source is capable of long-term sustained yield, the Director shall require the water supplier to procure a hydrogeologic report analyzing the physical characteristics of the aquifer and long-term yield of the source and/or require that a registered civil engineer, hydrogeologist, or other qualified person as approved by the Director, perform a source capacity test.

d. A written report documenting the source capacity test shall be prepared, if required by the Director. The test shall be conducted as follows:

1. Initiated after the pumping water level has been stabilized. The water level shall be monitored throughout the period of pumping and recovery;

2. Pumped continually using a constant rate of water discharge over a minimum time period prescribed by the Director;

3. Witnessed by a representative of the Department; and

4. Discharge water is managed to prevent recharge of the well during the test and not allowed to pond or percolate within two hundred (200) feet from the water source.

e. In order to determine whether a source capacity test is adequate for evaluation of long-term reliability of the source, the report must provide at least the minimum information as follows:

1. Calculation of specific capacity and available drawdown;

2. Documentation of recovery; and

3. Calculation of sustained yield.

f. Each State small water system shall provide adequate storage capacity that is capable of supplying the systems water demand for a minimum of eight hours at maximum day demand. Minimum storage capacity for State small water systems shall be provided in accordance with Chapter 16 of Title 22 of the California Code of Regulations as may be amended from time to time, and incorporated herein by this reference. In addition, local small water systems shall provide storage capacity adequate for at least one thousand (1,000) gallons per service connection.

g. If a proposed local small or State small water system fails to demonstrate that a reliable and adequate quantity of water acceptable for domestic purposes exists, the Department is precluded from issuing a permit.

(Ord. 4056, 2000; Ord. 2747 § 1, 1981; Ord. 2250 § 12, 1977)

This Section shall incorporate the provisions of Title 17 of the California Code of Regulations, as may be amended from time to time and incorporated herein by this reference, to ensure that approved quality of water in every domestic water system is not subject to contamination by cross-connection.

a. The water supplier shall protect the water supply from contamination by implementing a cross-connection control program at the discretion of the Director. If the Director has evidence to suspect that a cross-connection exists in the water system, the minimum type of protection as set forth in Title 17 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, shall be provided to prevent backflow into the supply.

(Ord. 4056, 2000)

a. All local or state small water systems using surface water, or groundwater under direct surface water influence, shall provide continuous disinfection treatment of the water prior to entry to the distribution system.

b. Centralized treatment. All domestic water systems which fail primary or secondary drinking water standards as set forth in Chapter 15, Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, may choose to treat the supply at the source with centralized treatment. A water system that installs centralized treatment is subject to the following:

1. Before any water system proposes to treat its water supply, the water supplier shall first conduct a reliability and feasibility study of alternative methods used to supply domestic water and submit the findings of the study as part of an amended permit application. The water supplier shall apply for and obtain an amended permit in accordance with Section 15.04.070 prior to construction and operation of any treatment facility.

2. Centralized treatment facilities proposed to treat domestic water supply shall use a technology certified by the California State Water Resources Control Board and capable of generating sufficient treated water to meet maximum daily demand for domestic use.

3. Installation of a treatment facility shall be under direct supervision of a professional civil engineer with experience in water treatment systems, or qualified person approved by the Director, and shall meet the minimum requirements as follows:

i. Installed at the source point or entry point prior to storage distribution system;

ii. Equipped with waste disposal system that will properly contain and dispose generated waste in a manner approved by the Director;

iii. Equipped with sample ports for raw and treated water monitoring purposes; and

iv. Free of structural and sanitary hazards.

4. Operation and maintenance of a treatment facility shall be conducted by an appropriate grade water treatment operator certified by the California State Water Resources Control Board and shall follow a developed operation plan approved by the Director. The operation plan shall specify the following: the minimum schedule for inspection, maintenance, and monitoring; operator's responsibilities; emergency response plan; and other pertinent information as deemed appropriate.

c. Point-of-Use or Point-of-Entry Treatment. In lieu of a centralized treatment facility, a local small or state small water system may choose to install a POU or POE treatment device at each connection in conformance with the regulations specified in Chapter 15.06 of the Monterey County Code, as may be amended from time to time, subject to approval by the Director.

(Ord. 4056, 2000)

(Ord. No. 5310, § 5, 6-18-2019; Ord. No. 5408, § 3, 11-28-2023; Ord. No. 5438, § 11, 9-16-2025)

a. No state small water system shall add additional service connections to the system such that the total number of service connections served by the system exceeds fourteen (14) before the water system has applied and received from the State Water Board a permit to operate as a public water system as defined by the California Safe Drinking Water Act (Health and Safety Code Section 116270, et seq., as may be amended).

b. No local small water system shall add additional service connections to the system such that the total number of service connections served by the system exceeds four before the water system has applied and received from the Director a permit to operate as a State small water system.

(Ord. 4056, 2000)

(Ord. No. 5438, § 12, 9-16-2025)

a. Every person to whom a permit has been issued pursuant to this Chapter, including a person to whom a permit is deemed to have been issued, shall pay to the Director a fee as prescribed by Chapter 10.04 of the Monterey County Code.

(Ord. 4056, 2000)

a. Each local small and State small water system applying for a domestic water supply permit pursuant to Section 15.04.030 shall pay to the Department a plan check review fee established in Chapter 10.04 of the Monterey County Code. Payment of the fee may accompany the application for the new permit or permit amendment or must be received by the Department prior to permit issuance or denial.

(Ord. 4056, 2000)

a. Each water system shall reimburse the Department for actual costs incurred by the Department for any enforcement activities related to that water system including but not limited to the following:

1. Preparing and issuing public notification.

2. Preparing, issuing, and monitoring an order issued by the Director.

3. Preparing, issuing, monitoring, and conducting permit revocation or suspension proceedings.

b. The Department shall submit an invoice for these enforcement costs to the water system indicating the total hours expended, the reasons for the expenditure, and the hourly cost rate of the Department.

c. The Department shall not be entitled to enforcement costs pursuant to this Section if either a Court or the Department determines that enforcement activities were in error, or based upon a false complaint.

d. Enforcement costs incurred by the Department pursuant to this Section shall be based on hourly rate established in Chapter 10.04 of the Monterey County Code.

(Ord. 4056, 2000)

Each permit issued pursuant to this Section shall have as a condition of the permit, a requirement that the applicant indemnify and hold harmless the County and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, by any person or property resulting from the issuance of the permit and the conduct of the activities authorized under said permit.

(Ord. 4056, 2000)

The Director shall enforce and administer this Chapter, and shall have the right to enter upon any premises at all reasonable times to make inspections, investigations, surveys, and sampling for the purpose of such enforcement and administration. If any such premises is occupied, the Director shall first present proper credentials and demand entry, and if the same is unoccupied he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If such entry is refused, he or she shall have recourse to such remedies as are provided by law to secure entry.

(Ord. 4056, 2000; Ord. 2250 § 15, 1977)

The Director may, in specific cases, grant a variance from any provision of the standards as set forth in this Chapter, or incorporated into this Chapter by reference if the Director finds that special circumstances exist in a particular case and that practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any such standard, and that the granting of such a variance would not grant a special privilege, or defeat the purposes of this Chapter.

(Ord. 4056, 2000; Ord. 2250 § 14, 1977)

a. Within ten (10) calendar days of the final written determination of the Director, and transmittal thereof, the permittee may file an appeal with the Board of Supervisors of any final determination of the Director made pursuant to this Chapter.

b. Any person whose application for any permit authorized by this Chapter has been denied, or granted conditionally, or whose permit has been suspended or revoked, may appeal to the Board of Supervisors, in writing, within ten (10) days after any such denial, conditional granting, suspension or revocation. Such appeal shall specify grounds upon which the appeal is based, and shall be accompanied by a filing fee of twenty-five dollars ($25.00). The Clerk of the Board shall set the appeal for hearing at the earliest practicable time, and shall notify the appellant and the Director, in writing, of the date and time, at least five days prior to the hearing. After such hearing, the Board of Supervisors may affirm, reverse, or modify the order or determination appealed from.

(Ord. 4056, 2000; Ord. 2250 § 16, 1977)

a. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

b. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.

c. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and shall, at the discretion of the County, create a cause of action for penalty pursuant to Chapters 1.20 and 1.22 of the Monterey County Code, and any other action authorized by law.

d. Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Monterey County Code or otherwise authorized by law. Additionally, as a public nuisance, any violation of this Chapter shall be subject to injunctive relief, disgorgement of any payment to the County of any and all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation, attorney fees, restitution, and any other relief or remedy available at law or in equity. The County, including the Office of the District Attorney and the Office of the County Counsel, may also pursue any and all remedies and actions available and applicable under state and local laws for any violations.

e. For purposes of administration and enforcement of this Chapter generally, the Director may from time to time promulgate such administrative rules and procedures consistent with the purpose and intent of this Chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

(Ord. 4056, 2000)

(Ord. No. 5438, § 13, 9-16-2025)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

(Ord. 4056, 2000)

If this Chapter is found to be in conflict with any other chapter, section, subsection, or title, the provisions of this Chapter shall prevail.

(Ord. 4056, 2000)