Nevada County Municipal Code Ch. 5 Water Supply and Resources, General Provisions

For the purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them by this Section.

A. Abandoned Well means any of the following:

1. A well, other than a monitoring well, which has been in continuous disuse for one (1) year or more, unless such disuse is attributable to removal of the pump for repair or replacement and efforts to repair or replace the pump are being diligently pursued;

2. A monitoring well from which no monitoring data has been taken for a period of three (3) years;

3. A well which is in such a state of disrepair, that it cannot be made functional for its original use or any other use regulated by this Chapter.

B. Administrative Authority means the private or public entity operating a water production, conveyance, and/or distribution system. As of the date of the enactment of this Chapter, the following public entities exist for the production, conveyance and/or distribution of water. They include but are not limited to:

1. Irrigation District;

2. Municipal Utility District;

3. Community Service District;

4. Public Utility District;

5. County Service Area;

6. County Water District;

7. California Water District;

8. Municipal Water District;

9. County Water Works District;

10. Reclamation District;

11. Water Storage District.

C. An Approved Water Supply means any of the following:

1. A public water system under permit from the State Department of Health Services.

2. A public water supply approved by the Nevada County Environmental Health Department as defined by the California Safe Drinking Water Act (Cal. Health & Safety Code §§ 116760—116762.60).

3. An approved individual water supply system.

D. Annular Space means the space between an excavation and the casing of a well or the space between two (2) concentric casings.

E. Bentonite means bentonite chips which are naturally mined, non-pelletized sodium montmorillonite and listed by the National Sanitation Foundation.

F. Board means the Nevada County Board of Supervisors.

G. Concrete "Class A" means concrete with six (6) 94-pound sacks of Portland cement per yard; "Class B" shall mean concrete with five (5) 94-pound sacks of Portland cement per yard.

H. Concrete Grout means a mixture composed of not more than two (2) parts of sand and one (1) part of Portland cement, and not less than four and one-half (4.5) nor more than six and one-half (6.5) gallons of water per sack of cement (ninety-four (94) pounds).

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

J. Contamination means an impairment of the quality of water by waste to a degree which creates a hazard to the public health.

K. Director means the Nevada County Director of Environmental Health or their authorized representative.

L. Disinfection means a chemical or physical process which kills or inactivates all pathogenic microorganisms. The type of disinfectant must be approved for domestic water usage.

M. Distribution System means system of conduits and their appurtenances by which a water supply is distributed to the users.

N. Dry Hole means a well that produces less than one (1) gallon per minute.

O. Enforcement Agency means the Nevada County Department of Environmental Health.

P. Health Officer means the Public Health Officer of the County of Nevada.

Q. Individual Water Supply System means a source of water consisting of a well, spring, treated surface water, storage facilities, equipment or distribution system which is not a public water supply.

R. Neat Cement means a mixture composed of one (1) sack of Portland cement (ninety-four (94) lbs.) to not less than four and one-half (4.5) nor more than six and one-half (6.5) gallons of water.

S. Person means any individual, firm, corporation, partnership, or governmental agency, to the extent authorized by law.

T. Planning Agency means Nevada County Planning Department.

U. Pollution means an alteration of the quality of water by waste to a degree which unreasonably affects: (1) such waters for beneficial uses or; (2) facilities which serve beneficial uses. Pollution may include contamination.

V. Potable Groundwater means water below the surface of the ground at a depth such that it has been protected from surface pollution or contamination by impervious soil stratum, or which has received an acceptable degree of natural treatment by filtration through a considerable amount of soil, and which is free from contaminants injurious to health.

W. Public Entity means a local agency, as defined in Cal. Gov't Code §§ 53090—53097.5, which is empowered to plan, design, finance, construct, operate, maintain, and abandon, if necessary, any water system or expansion of any water system, and to provide permits and to have supervision over the location, design, construction, operation, maintenance, and abandonment of individual water systems within a land development; and to design, finance, construct, operate and maintain any facilities necessary for the production, conveyance, and distribution of water pumped from water sources; and to conduct any monitoring or surveillance programs as required for water quality control purposes.

X. Public Water Supply means a system for the provision of piped water to the public for human consumption which has five (5) or more service connections or regularly serves an average of at least twenty-five (25) individuals daily, at least sixty (60) days out of the year.

Y. Sanitary Survey means an on-site review of an individual water supply system for the purpose of evaluating the adequacy of the water source, facilities, equipment operations, and maintenance for providing and distributing safe drinking water.

Z. Sanitary Well Seal means a device placed into the topmost part of a well casing which, by means of an expanding gasket, excludes foreign material from entering the top of the well casing or a device producing an equivalent effect, and is equipped with a pipe or plug through which disinfecting agents may be introduced directly into the well. Such a device shall be leakproof to prevent the entrance of surface water to the well.

AA. Sealing Material means neat cement grout, sand-cement grout, concrete, special quick-setting cement, or bentonite clay as defined in this Chapter or, if not defined in this Chapter, as defined in Bulletin 74-81 of the Department of Water Resources.

BB. Service Connection means any connection or arrangement, physical or otherwise, between a potable water source from an approved public water supply and any plumbing fixture, tank, receptacle equipment, or device.

CC. Sewage Disposal System means a septic tank and subsurface disposal field or other type of system or appurtenance thereto, whether public or private, receiving domestic or industrial sewage waste. Sewage disposal system does not include a sewer pipeline.

DD. Sewer Line means a pipe conveying sewage waste matter from any building or premises to a point of disposal such as to a septic tank or sewage treatment or disposal plant.

EE. Shallow Well means any well thirty (30') feet or less in depth.

FF. Small Public Water Systems shall be as defined by the California Safe Drinking Water Act (Cal. Health & Safety Code §§ 116760—116762.60).

GG. Spring means a naturally occurring flow of groundwater reaching the surface of the ground.

HH. State Small Water System means a public water system which meets one of the following criteria: (1) serves from five (5) to fourteen (14) service connections and less than twenty-five (25) individuals any part of the year; (2) serves fifteen (15) or more service connections and any number of non-resident individuals less that sixty (60) days per year; (3) serves five (5) to fourteen (14) service connections and twenty-five (25) or more individuals less than sixty (60) days per year.

II. Surface Water means all those waters found on or immediately below the surface of the earth and that have not been filtered through any considerable amount of soil, and which normally do not meet California drinking water standards and are not protected so as to exclude real or potential sanitary hazards. In the event that a conflict of opinion arises as to whether or not any waters are "surface waters" within the meaning of this Chapter, the burden and expense of proving that said waters are not surface waters shall be upon the person or persons making such claim, and in the absence of finding to the contrary, the opinion and/or findings of the Director shall be final.

JJ. Test Hole means any excavation constructed in the earth exceeding a depth of fifteen (15') feet below the ground surface for the purpose of exploration of the earth.

KK. Trimmie means a tube, device or pipe which may be used to place sealing material into the annular space.

LL. Water Well or Well is defined as any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This does not intend that potholes, drainage trenches or canals, wastewater ponds, shallow root zone piezometers, stock ponds, or similar excavations be included within the definition of wells.

MM. Water Well Driller's Report means Department of Water Resources Report Form DWR 188, or any subsequent form adopted by the Department of Water Resources.

NN. Well Cover means a device to cover the topmost part of a well casing. The device must be so constructed as to be resistant to tampering, structurally sound, impervious, and prevent the entrance of foreign material.

OO. Well Destruction means certain work done to an existing water well, the intent of which is to effectively seal the entire well up to the surface in such a manner that each intersected water stratum is sealed and isolated from every other stratum and from surface water.

PP. Well Reconstruction means certain work done to an existing water well in order to restore its production, replace defective casing, seal off certain strata or surface water, or similar work, not to include hydrofracking, developing, the cleaning out of sediments, surging or work related to the well pump.

QQ. As Defined in Other Documents. Except as otherwise required by the context of this Chapter, the terms used in this Chapter should have the same meaning as in Chapter 10 of Division 7 of the California Water Code and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions.

RR. Section Headings, when contained in this Chapter, shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any section.

SS. Tense or Gender. 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 number includes the plural, and plural includes the singular.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Every habitable building or structure shall be connected to an approved water supply in accordance with the provisions of this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

No construction, reconstruction, or destruction of a water treatment system, well or individual or public water supply system shall be commenced on any property until a permit to do such work shall have first been obtained from the enforcement agency.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

If the source of the individual water supply system is a well or spring, then there shall be flow of not less than one (1) gallon per minute per service connection. Individual wells may be combined to provide the minimum flow requirement.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The determination of yield shall be made by a licensed well driller, licensed pump installer, registered civil engineer, registered engineering geologist, or registered environmental health specialist.

A. The procedure for testing the yield of wells for an individual water supply system with yields of less than three (3) gallons per minute shall be to draw down the water in the well until the water level stabilizes. The well shall then be pumped continually for a minimum of four (4) hours or longer, if needed, to produce a minimum of seven hundred twenty (720) gallons of water as registered by an accurate meter or other approved method.

B. The procedure for testing the yield of wells for an individual water supply system with yields of three (3) gallons per minute or more shall be in accordance with the standards specified in Bulletin 74-81 of the Department of Water Resources and its supplements or by an alternate method approved by the enforcement agency.

C. The procedure for testing the yield of wells for public water systems shall be, as a minimum, the requirements specified in Section 15.05.050.B above, and for an amount of time as determined by the enforcement agency. Information regarding sustained yield and recovery rate shall be provided in a report and submitted to the enforcement agency.

D. The yield of a spring shall be tested in August or September. The period may be extended into October by decisions of the enforcement agency, depending on seasonal conditions. Yield shall be determined by pumping down and calculating recovery rate or by measuring an existing discharge flow rate from the spring. Historical data may be utilized for determination of production rates during the dry season on a case-by-case basis.

E. No release shall be given for issuance of a building permit for new construction of a building which requires a potable water supply until an adequate quantity of water is determined as follows:

1. The yield specified on the Water Well Driller's Report shall be valid for a period of one (1) year from the "Date of Completion" noted on the report. A well without a valid Water Well Driller's Report shall be tested by a pump test in accordance with Section 15.05.050.A, B or C, as appropriate. The pump test report shall bear the original signature of the tester and shall be valid for one (1) year from the date inscribed on the report.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A water supply system consisting of a well or spring having a yield of less than three (3) gallons per minute per service connection shall have a water storage tank of construction and materials approved by the enforcement agency of the following size:

A. Individual Water Supply System. A 1,000-gallon storage tank shall be required for each habitable structure.

B. Public Water Supply System. Storage shall be determined by a California registered civil engineer or environmental health specialist and shall take into consideration population served, fire flow requirements, and the quantity of water available, and shall comply with California Safe Drinking Water Act (Cal. Health & Safety Code §§ 116760—116762.60)).

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

An individual water supply system shall provide water which is pure, wholesome, potable, and does not endanger the lives or health of human beings as defined by the California Safe Drinking Water Act (Cal. Health & Safety Code §§116760—116762.60).

The determination of bacteriological potability shall be by means of a bacteriological test conducted by a water laboratory approved by the State Department of Health Services.

Where the enforcement agency deems necessary, an analysis for contaminant(s) shall be conducted to demonstrate that the water supply meets the standards as set forth in California Safe Drinking Water Act (Cal. Health & Safety Code §§ 116760—116762.60).

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Use of surface water for drinking and domestic purposes shall be authorized only under the provisions of Chapter 15.07.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The individual domestic water system shall be capable of providing an adequate supply of potable water under a minimum pressure of fifteen (15) p.s.i. at all times. Where pressure exceeds eighty (80) p.s.i., the provisions of the Uniform Plumbing Code latest adopted edition shall apply.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

No building permit shall be issued for any building for human habitation until compliance with this Chapter is ascertained.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Prior to final occupancy of a building for which a plumbing permit was issued, the enforcement agency may perform a sanitary survey, obtain water samples and approve the individual water supply system.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Fees will be set by resolution of the Board for plan review, inspection, sampling of water sources and supply system, variance, permit to construct, destruction permit, surface water treatment permit, sanitary survey, and reinspection.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of enforcement and administration of this Chapter. If any such premises are occupied, they shall first make a reasonable effort to locate the owner and any person having charge or control of same and demand entry. If such entry is refused, they shall have recourse to such remedies as are provided by law to secure entry.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

No person shall install or maintain a well or test hole in any manner that will result in the pollution or contamination of groundwater or which allows the entrance of surface waters into the well.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The enforcement agency shall be empowered to enforce the provisions of this Chapter and of Bulletin 74-81 of the Department of Water Resources, including the amendments herein or hereafter adopted.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

All approved water supplies shall comply with standards as set forth in the most recently Board adopted edition of the Uniform Plumbing Code.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

In any case where a provision of this Chapter is found to be in conflict with a provision of any health ordinance or code provision enacted by any ordinance-making body within the limits of the County of Nevada, California on July 12, 1991, the provisions which establish the higher standard for the promotion and protection of the health of the people shall prevail. If any provision of this Chapter should for any reason be declared invalid, such decision shall not affect the remaining portions of this Chapter which shall remain in full force and effect, and to this end the provisions of this Chapter are hereby declared to be severable.

(Ord. 2531. (10/24/2023))

A. Right of Hearing. Any person whose application for a permit has been denied or granted conditionally, or whose permit has been suspended or revoked, or whose Well Permit Completion has been denied, or whose application for variance has been denied, may appeal to the Health Officer, in writing, within fifteen (15) calendar days after any such denial, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is taken and shall be accompanied by the appropriate fee. The Health Officer shall set such appeal for hearing within fifteen (15) calendar days.

B. Action by the Health Officer. After such hearing, the Health Officer may affirm, reverse wholly or partly, or modify the order or determination appealed from.

C. Appeal to the Board of Supervisors. Any person shall have a right to appeal an adverse decision of the Health Officer to the Board of Supervisors within ten (10) calendar days of the adverse decision.

An appeal shall be filed with the Clerk of the Board of Supervisors on the required form. Any such appeal shall be accompanied by a fee, the sum of which shall be the same as that for appeals of land use matters under Section 12.05.120 and which shall be paid to the Clerk of the Board of Supervisors. The purpose of a statement on the appeal is to facilitate the Board's initial determination as to the propriety and merit of the appeal as per Subsection D below.

D. An appeal shall only be filed on the official form to be provided by the Clerk of the Board of Supervisors, together with such additional pages as may be necessary. A statement of appeal shall include:

1. Identification of the project and the decision of the enforcement agency action which is the basis of the appeal.

2. A statement of the reasons for the appeal.

3. A statement of specific provisions which are being appealed.

4. A statement of the changes or action requested of the Board of Supervisors.

5. A summation of the arguments to be raised by the appellant.

6. Identification of the appellant.

E. Upon the filing of an appeal with the Board of Supervisors, the Clerk shall present any such appeal to the Board of Supervisors at their next regular meeting. At that time, the Board shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which is filed beyond the time limits. Further, the Board shall determine if the appeal contains sufficient information as required by Subsection D above. If the Board determines that the information as supplied in the appeal is incomplete, it may:

1. Summarily reject the appeal for any such insufficiency of statement on appeal; or it may

2. Instruct the Clerk of the Board of Supervisors to immediately notify the appellant of the insufficiency and allow the appellant an additional seven (7) working days in which to correct any such deficiency. If upon the expiration of any additional time the Board determines that the statement on appeal is still insufficient, it shall summarily reject the appeal.

F. Upon presentation of the Notice of Appeal, together with the required statement on appeal to the Board of Supervisors, the Board may summarily reject the appeal if it finds that the matter being appealed is a requirement of law or if, by unanimous vote, it finds the appeal unmeritorious; or the Board may set the matter for public hearing as soon as time on its agenda permits, and in accordance with any other time requirements of law.

G. Decision By Board. The Board may reverse or affirm, wholly or in part, or modify the decision and may make such order as should be made. Such action shall be final.

(Ord. 1717, (06/11/1991); Ord. 2531. (10/24/2023))

A. The Director shall be the person primarily responsible for enforcing the provisions of this Chapter. To the extent any violation is designated to be an infraction, the Code Enforcement Division of the County of Nevada is also authorized to enforce such provisions and both shall have the authority to issue citations for infractions.

B. Any act in violation of the terms of this Chapter and the standards established pursuant thereto is hereby declared to constitute a public nuisance which shall be punishable as an infraction as provided for in Section 12.05.120.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. Notice of Violation Recordation. Whenever the enforcement agency determines that a well: (1) has not been completed in accordance with a well permit or the plans and specification relating thereto, or (2) has been constructed without the required permit, or (3) is abandoned and has not been destroyed in accordance with this Chapter, the enforcement agency may record a notice of violation with the Office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available.

If the property owner(s) or authorized agent disagree with the determination, they may submit evidence to the enforcement agency indicating that there is no violation and then shall have a right to appeal an adverse decision of the enforcement agency to the Health Officer in accordance with the provisions of Section 15.05.180.

B. Removal of Violation Notice. The enforcement agency shall submit a removal of notice of violation to the County Recorder when: (1) it is determined by the enforcement agency or the Health Officer, after review, that no violation of this Chapter exists; or (2) all required and corrective work has been completed and approved by the enforcement agency; or (3) when so directed by the appeal decision of the Health Officer or the Board.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. Any well dug, bored, drilled, deepened, modified, reconstructed, repaired or maintained contrary to the provisions of this Chapter or conditions attached to any permit or variance is unlawful and a public nuisance and the duly constituted authorities of the County of Nevada may commence any action or proceeding for the abatement, removal or enjoinment thereof in the manner provided by law.

B. Failure to comply with the conditions attached to a permit or variance to dig, bore, drill, deepen, modify, reconstruct, repair or maintain a well, or operate, monitor or maintain an approved water supply may result in the revocation of the permit by the enforcement agency.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The remedies available to the enforcement agency to enforce this Chapter are in addition to any other remedies available under ordinance or statute and do not replace or supplant any other remedy but are cumulative thereto.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The enforcement agency shall notify licensing agencies of any contractor that performs unauthorized work that violates this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))