San Benito County Municipal Code Art. II Local Small Water Systems

The purpose of this article is to establish standards and regulations for local small water systems. The county does not presently have standards for the regulation and establishment of water systems having two to four service connections. There is a need to establish such standards to ensure safe water supplies for individual water systems and to ensure that such systems do not induce contamination of aquifers and thereby jeopardize the health, safety and welfare of the people of this county.

(1966 Code, § 8.1-2) (Ord. 564, § 1.1)

As used in this article:

DESTROY. The complete filling of the well with impervious sealing materials to an appropriate level in accordance with procedures established by Department of Water Resources Bulletin 74-81, in order to restore as nearly as possible those subsurface conditions which existed before the well was constructed.

DWELLING UNIT. One or more habitable rooms which are occupied or which are intended to be or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

HEALTH OFFICER. The Health Officer of the County of San Benito.

HORIZONTAL WELL. A well drilled approximately horizontally into a water-bearing stratum as contrasted with a common vertical well, and from which water issues without the aid of a pump.

LOCAL SMALL WATER SYSTEM. A system, regardless of type of ownership, for the provision of potable water to two to four dwelling units. It includes any collection, treatment, storage or distribution facilities under control of the owner(s) of such a system used primarily in connection with the system.

PERMIT. The written permission of the Health Officer or his or her authorized representative to utilize water from or otherwise participate in a local small water system.

PERSON. An individual, firm, association, partnership and/or corporation and/or public entity.

QUALIFIED REGISTERED PROFESSIONAL. An individual who is registered as a professional competent in the field of domestic drinking water supplies.

SERVICE CONNECTION. A connection between a water main and a dwelling unit.

SOURCE. A well, spring or horizontal well. It excludes water from a water storage facility.

WATER MAIN. Any pipe or conduit that is part of a distribution system with the capacity to supply water to more than one service connection.

WELL. An artificial excavation constructed in accordance with procedures established by Department of Water Resources Bulletin 74-81.

(1966 Code, § 8.1-2) (Ord. 564, § 1.2)

No person shall construct a local small water system without first obtaining a permit from the Health Officer. The public health permit shall be in addition to any other license or permit required by this county or by any other public agency. The permit is nontransferable and it expires one year after the date of issuance, except that the Health Officer, upon a showing of good cause, may extend the permit for up to one additional year. Any person who holds a valid approval for a subdivision of less than five parcels and verification by the county’s Health Department that a local small water system has sufficient water quantity and quality, prior to the adoption of this article, shall be deemed to be permitted to construct and operate a local small water system.

(1966 Code, § 8.1-3) (Ord. 564, § 1.3)

Any temporary connection to an existing source of domestic water shall not require a permit, provided that the person seeking to temporarily connect to an existing source shall first apply to the health department for the exemption. A temporary connection, for purposes of this section means a connection to a temporary use as such is defined in the county’s zoning ordinance, Ord. 479.

(1966 Code, § 8.1-3.1) (Ord. 592, § 1)

(A) Application for a permit shall be made on forms provided by the county’s Health Department. Each such application shall be accompanied by a filing fee set by ordinance of the Board of Supervisors. No part of the fee shall be refundable. This application must provide such information as the Health Officer may reasonably require and must be signed by the owner(s) of the property.

(B) Whenever an applicant seeks a permit for a local small water system which is to supply water to other properties in addition to the applicant’s, the applicant must submit a copy of a recorded deed showing appropriate individual interest in the water source storage and transmission facilities and the land upon which the system is situated. The applicant must also identify the holders of the remaining interests in the water system, and comply with the requirements of §§ 15.05.035, 15.05.036 and 15.05.037.

(1966 Code, § 8.1-4) (Ord. 564, § 1.4)

(A) The Health Officer or his or her designee, upon a receipt of a complete permit application, shall conduct an investigation to determine if the plans as submitted with the application required by § 15.05.034, comply with the provisions of this article.

(B) If, upon completion of the investigation, the Health Officer determines that any of the following conditions exist, the Health Officer shall not approve the permit application until the applicant makes such changes in the proposed system as the Health Officer deems necessary.

(1) The system as proposed will produce water which will not comply with the minimum quality standards as set forth by § 15.05.036 below;

(2) The quantity of water available from the proposed source is less than the minimum amount required by § 15.05.037 as set forth below; and

(3) The proposed system is not suited to the production and delivery of potable water.

(1966 Code, § 8.1-5) (Ord. 564, § 1.5)

(A) In order to determine that the quality of the water to be supplied will comply with the requirements of this article, the Health Officer shall require that water quality analyses be carried out. These analyses must be carried out within one year of the application date by a laboratory which is certified by the state’s Department of Health Services. Water samples to be tested must be collected from the water source by qualified staff from the certified laboratory in which the analyses are to be completed. The testing will be carried out at the expense of the applicant and reports of the tests must be submitted to the Health Department.

(B) The report shall include a bacteriological analysis and required chemical analysis as specified below. The report shall be submitted to the Health Officer who must determine that water produced by the system is fit for human consumption according to standards established by the Domestic Water Quality and Monitoring Regulations, Cal. Code of Regulations Title 22, Division 4, Chapter 15.

(1) Bacteriological analysis. Bacteriological analysis shall be performed by a laboratory certified by the California Department of Health Services. The testing method shall be in conformance with Cal. Code of Regulations Chapter 15, Division 4, Title 22.

(2) Chemical analysis. Chapter 15,Division 4, Title 22 of the California Primary Standards Inorganic Chemicals (Table 2); Secondary Standards, General Physical and General Mineral (Tables 6 and 7). These tables are added as “Exhibit A”.

(3) Exceedance of specific levels. The Maximum Contaminant Levels of Inorganic Chemicals (Table 2, Exhibit A) shall not be exceeded. If the Consumer Acceptance Limits--Secondary Drinking Water Standards (Table 6, Exhibit A) or the Maximum Contaminant Levels for Mineralization--Secondary Drinking Water Standards (Table 7, Exhibit A) are exceeded a statement of this fact that “attaches and runs with the deed” shall be required.

(4) Additional tests. The Health Officer may require additional water quality tests where deemed necessary.

(C) If a person seeks to make a service connection to an existing well, which well may not meet the standards established in the Department of Water Resources Bulletin 74-81, and such connection will create two to four service connections, the applicant shall meet all quality standards specified herein. Additionally, in such case, the applicant shall annually test the quality of the water and report the results of the tests to the Health Officer, in order to insure compliance with the water quality standards. The applicant need not prove the existing well complies with the procedures established in Department of Water Resources Bulletin 74-81. However, in the case of any service connection to a new well, the new well shall meet all such procedures as established in the Department of Water Resources Bulletin 74-81 and in the county well standards ordinance.

(1966 Code, § 8.1-6) (Ord. 564, § 1.6; Ord. 592 § 2)

No permit shall be issued for the construction of a local small water system unless and until compliance with the following water source requirements is established:

(A) For each connection to a local small water system where the proposed source of water is a well, a source capacity of three gallons per minute must be sustained during a 24-hour period of continuous pumping. This quantity test shall include the rate of water discharged, static water level, drawdown, sustained pumping level and recovery rate.

(B) Tests carried out to determine source capacity must be performed by either a person holding a C-57 or C-61 state contractors license or a person who is registered by the State of California as an engineer, an environmental health specialist or an engineering geologist and who is deemed qualified by experience by the Health Officer to perform the tests.

(C) For a spring or horizontal well:

(1) For each connection to a spring or horizontal well, a continuous yield of at least one gallon per minute during the months of August through October. The yield requirements of this division may not be satisfied by tests conducted during the months of November through July.

(2) Notwithstanding the provisions of division (A) of this section, the Board of Supervisors may, upon finding of drought or other unusual weather conditions of limited duration, extend or redefine by resolution the period of time defined in division (C)(1) above for purposes of undertaking the required testing to establish compliance with the yield requirements of this division. Any resolution adopted pursuant to this division shall continue in effect no longer than December 31 of the calendar year in which the resolution was first adopted.

(D) The applicant must notify the Health Officer at least 24 hours before the beginning of any pump test which is intended to establish source capacity.

(1966 Code, § 8.1-7) (Ord. 564, § 1.7)

No permit shall be issued for the construction of a small private water system unless the system design includes storage facilities for domestic water of at least 2,000 gallons per proposed service connection. This storage requirement does not and is not intended to satisfy the California Department of Forestry and Aromas Tri County Fire District’s storage requirements for fire protection.

(1966 Code, § 8.1-8) (Ord. 564, § 1.8)

All new wells found to be of unsuitable quality according to standards established by the California Department of Health Services shall be sealed or destroyed as prescribed in the Department of Water Resources Bulletin No. 74-81 (1981) unless mitigating measures can be found to make the water potable and to assure that the groundwater supply is protected, as determined by the Health Officer.

(1966 Code, § 8.1-9) (Ord. 564, § 1.9)

In case of natural or unintentional destruction of a well existing before the effective date of the ordinance codified in this article, the well owner must apply to construct a replacement well or repair the damaged well. The permit shall not be issued unless the replaced or repaired well complies with the provisions of this article. However, if quantity requirements were not met prior to destruction of the well and cannot be practicably met, the Health Officer shall permit a system which does not meet the requirements set forth in § 15.05.038, provided water storage facilities are added to ensure adequate supply for domestic purposes. The Health Officer may require storage capability in excess of the requirement specified in § 15.05.038, if the Health Officer determines the excess is reasonably necessary to ensure an adequate domestic water supply. Any permit issued under this section shall carry a statement that the permit has been issued without quality analyses.

(1966 Code, § 8.1-10) (Ord. 564, § 1.10)

The Health Officer or his or her designee shall enforce and administer this article and shall have the right to enter upon any premises, at all reasonable times, to make inspections and tests for the purpose of the enforcement and administration.

(1966 Code, § 8.1-11) (Ord. 564, § 1.11)

(A) The Health Officer may deny or revoke any permit issued under this article whenever he or she determines that the permit holder fails to meet the requirements of the permit, local ordinances or applicable state law and regulations.

(B) (1) The Health Officer shall serve notice on the applicant or permit holder, by United States mail addressed to the address shown on the application or permit, of his or her intention to deny or revoke the permit on the grounds stated therein.

(2) The notice shall also state that the applicant or permit holder has 15 days within which to request a hearing or his or her permit shall be denied or revoked.

(C) The hearing will be conducted by the Health Officer and his or her decision will be final.

(1966 Code, § 8.1-12) (Ord. 564, § 1.12)

(A) Violation of article; criminal. Any person who constructs a local small water system without first having obtained the permit described in this article is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.03 of this code.

(B) Violation of article; public nuisance. Any violation of this article is unlawful and a public nuisance, and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(C) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 8.1-13) (Ord. 564, § 1.13; Ord. 570, § 3)

(A) Any person aggrieved by any decision of the Health Officer made under the provisions of this article may, within 15 days from the date of the decision, appeal to the Board of Supervisors by written notice of appeal filed in duplicate with the County Clerk and shall set forth specifically wherein the Health Officer’s decisions were in error.

(B) Upon hearing the appeal, the Board of Supervisors shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make and substitute such other additional decision or determination, as it may find warranted under the provisions of this article. The standards herein established to govern the discretion of the Health Officer shall apply with equal force to the actions of the Board of Supervisors.

(C) The decision of the Board of Supervisors upon the appeal shall be expressed by resolution in writing, concurred in by a majority of all the members of the Board of Supervisors, and the supervisors shall forthwith transmit a copy thereof to the original applicant, the appellant and the Health Officer. This decision will be final. If the decision be adverse to that of the Health Officer on any action concerning the administration or enforcement of any of the provisions of this article, the resolution of the Board of Supervisors shall specify wherein there was an error or abuse of discretion on the part of the Health Officer.

(D) No determination of the Health Officer granting or denying a permit shall be reversed or modified by the Board of Supervisors unless the Board of Supervisors shall include in its decision a finding of fact showing wherein the Health Officer erred in his or her decision.

(E) The procedure of the Board of Supervisors in effecting an amendment of supplement to the text which has been disapproved or partially disapproved by the Health Officer shall be the same as that outlined above in this section for the granting of an appeal.

(1966 Code, § 8.1-14) (Ord. 564, § 1.14)