Napa County Municipal Code Ch. 13.08 Local Public Water Systems

For the purpose of establishing proper regulations for local public water systems, the provisions of Chapter 4 of Part 12, Division 104 of the Health and Safety Code (commencing with Section 116275) and Articles 1 and 2 of Group 4, Subchapter 1, Chapter 5, Division 1 of Title 17 and Chapters 1, 2, 4, 12, 13, 14, 15, 15.5, 16, 17 and 17.5 of Division 4 of Title 22 of the California Code of Regulations are incorporated herein and made a part of this chapter by reference.

(Ord. No. 1374, § 5, 9-11-2012)

The term "director" as used in this chapter shall mean the director of planning, building, and environmental services, or the director's designee.

(Ord. No. 1374, § 6, 9-11-2012)

The term "public water system" means any water supply system regulated by the Department of Public Health or the director pursuant to Chapter 4 of Part 12, Division 104 of the Health and Safety Code (the "California Safe Drinking Water Act") and related implementing regulations.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 7, 9-11-2012)

The term "large public water system" means a public water system serving two hundred or more service connections whose oversight falls under the jurisdiction of the Department of Public Health, Division of Drinking Water and Environmental Management.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1369, § 12, 3-13-2012; Ord. No. 1374, § 8, 9-11-2012)

The term "small public water system" means a public water system which does not meet the definition of a large public water system. Included in this definition are community water systems, nontransient noncommunity water systems and transient noncommunity and state small water systems as those terms are further defined in Health and Safety Code Section 116275.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 9, 9-11-2012)

"Person" means any individual, trust, firm, joint stock company, corporation, partnership or association. "Person" also includes any city, county, district, the state, the federal government or any agency thereof to the extent that such persons may be lawfully regulated under this division.

(Ord. 1159 § 1 (part), 1999)

It is unlawful for any person to operate any small public water system, as defined by this division, unless said water system possesses an unrevoked operating permit issued by the director. Such operating permit shall be posted and displayed in a conspicuous place designated by the director.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 10, 9-11-2012)

A. Applications for an operating permit to Section 13.08.020, or a plan check required by Section 13.08.080 shall be accompanied by that fee established by resolution of the board of supervisors.

B. In addition to the fee required by subsection A of this section, penalty fees as established by the board of supervisors shall be paid in the event of failure to apply for an operating permit within thirty-one days after such permit is required to be obtained as per Section 13.08.020.

(Ord. 1159 § 1 (part), 1999)

All operating permits issued pursuant to this division shall be valid for one year unless otherwise suspended or revoked.

(Ord. 1159 § 1 (part), 1999)

No operating permit shall be transferable, and a new owner of an existing operation or business shall obtain a new operating permit prior to operating said operation or business.

(Ord. 1159 § 1 (part), 1999)

No person shall begin construction, reconstruction, or alteration of a small public water system without first submitting the following in triplicate form to the director: plans, specifications, any applicable fees and such other information as may be required by the director to determine if the proposed facilities comply with applicable state laws and regulations, and this division. Construction may not commence until the director has approved such plans. Such small public water system shall not be placed in operation until the facilities have been inspected and approved for use by the director.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 11, 9-11-2012)

The director and the director's designated deputies, assistants, and employees shall enforce the provisions of this division.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 12, 9-11-2012)

Any small public water system set up, erected, built, moved or maintained on any property contrary to the provisions of this division shall be, and the same is hereby declared to be, unlawful and a nuisance, and the county may immediately commence any action(s) or proceeding(s) for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps (including but not limited to seeking relief from court) as will abate and remove such small public water system and restrain and enjoin any person from setting up, erecting, maintaining or using any such small public water system.

(Ord. 1159 § 1 (part), 1999)

The director may suspend, condition or revoke any operating permit issued pursuant to this division for any violation of this division, or any other applicable law, rule, or regulation. Unless otherwise required, the director shall afford violators an opportunity to be heard prior to the suspension or revocation of such operating permit. The director shall give at least five working days' notice of any hearing whose purpose it is to consider the suspension or revocation of an operating permit required by this division.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 13, 9-11-2012)

A. Any person who knowingly makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for purposes of compliance with this chapter, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars for each separate violation or, for continuing violations, for each day that violation continues.

B. Any person who violates a citation schedule of compliance for a primary drinking water standard or any order regarding a primary drinking water standard or the requirement that a reliable and adequate supply of pure, wholesome, healthful, and potable water be provided may be liable, as determined by the court, for a civil penalty not to exceed twenty-five thousand dollars for each separate violation or, for continuing violations, for each day that violation continues.

C. Any person who violates any order, other than one specified in subdivision (B), issued pursuant to this chapter may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars for each separate violation or, for continuing violations, for each day that violation continues.

(Ord. No. 1374, § 14, 9-11-2012)

The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.

(Ord. No. 1374, § 15, 9-11-2012)