San Bernardino Municipal Code Art. I General Administrative Provisions

(A) The purpose of this chapter is to provide comprehensive management of the geothermal resources and thermal ground waters within and adjacent to the city.

(B) In furtherance of this overall purpose, this chapter is specifically intended to serve the following sub-purposes:

(1) Conservation and beneficial management of geothermal resources and thermal ground waters in a comprehensive and coordinated manner, so as to assure their continued availability and productivity;

(2) Continued technical assistance for individual private geothermal resource and thermal ground water uses, including residential, commercial and industrial activities;

(3) Maximization of the public welfare and economic benefit to be derived from geothermal resources and thermal ground waters, by extending their availability throughout the city and elsewhere as much as practical with city and private heating services;

(4) Minimization of the potential for damage or degradation to geothermal resources and thermal ground waters;

(5) Protection of the surface and subsurface environment during development and utilization of geothermal resources and thermal ground waters;

(6) Advancement of the scientific study of geothermal resources and thermal ground waters, through the collection and dissemination of resource data and the demonstration of geothermal technologies;

(7) Implementation of the city’s general plan and its goals and policies for geothermal development and utilization; and

(8) Implementation of the authority and provisions of the City Charter and any amendments thereto; and coordinated with the provisions of the Cal. Public Resources Code, Division 3 and Division 6, and any amendments thereto.

(Ord. MC-298, passed 8-17-1983)

This chapter includes general provisions for administration of this chapter; the establishment of, and operating measures for, a city owned and operated geothermal district heating service in the city and elsewhere; the establishment of geothermal and thermal ground water reservoir management procedures; and authorization for certain private geothermal heating services which will operate independently of the city’s heating service.

(Ord. MC-298, passed 8-17-1983)

For the purpose of carrying out the intent of this chapter, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed to them in §§ 13.20.035 through 13.20.230.

(Ord. MC-298, passed 8-17-1983)

ALTERING. The deepening, recasing, perforating, reperforating, installation of packers or seals and other material changes in the design of a well.

(Ord. MC-298, passed 8-17-1983)

APPLICANT. The person making application for a geothermal heating connection or geothermal heating service from the city under the provisions of this chapter.

(Ord. MC-298, passed 8-17-1983)

ARTESIAN FLOW. The water discharging to the natural ground surface if the flow is unrestricted.

(Ord. MC-298, passed 8-17-1983)

ARTESIAN WELL. A well taking water from an aquifer holding water under pressure greater than atmospheric pressure, which causes the water to seek a static level above the wells juncture with the aquifer.

(Ord. MC-298, passed 8-17-1983)

BOARD. The Board of Water Commissioners of the City of San Bernardino.

(Ord. MC-298, passed 8-17-1983)

BTU. British thermal unit.

(Ord. MC-298, passed 8-17-1983)

BY-PRODUCT. Any mineral or minerals, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, which are found in solution or in association with geothermal resources, and which have a value of less than 75% of the value of geothermal resources or are not, because of quantity, quality or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

(Ord. MC-298, passed 8-17-1983)

CITY. The City of San Bernardino.

(Ord. MC-298, passed 8-17-1983)

CONSTRUCTING. The boring, digging, drilling or excavating of a well, including the installation of casing or well screens.

(Ord. MC-298, passed 8-17-1983)

COUNCIL. The Mayor and City Council of the City of San Bernardino, sometimes called “City Council.”

(Ord. MC-298, passed 8-17-1983)

DEPARTMENT. The City Municipal Water Department of the City of San Bernardino.

(Ord. MC-298, passed 8-17-1983)

DRILLING A WELL. The drilling, re-drilling or deepening of a well.

(Ord. MC-298, passed 8-17-1983)

DRILLING SITE. Any site where drilling operations will be, are being or have been undertaken to construct or alter a well.

(Ord. MC-298, passed 8-17-1983)

FRANCHISE. An agreement granting a land developer authorization to construct, operate and maintain a private heating service.

(Ord. MC-298, passed 8-17-1983)

GENERAL MANAGER. Manager of the City Municipal Water Department, or the Manager’s authorized representative, sometimes referred to herein as MANAGER.

(Ord. MC-298, passed 8-17-1983)

GEOTHERMAL DATA CENTER. The city office which acts as a geothermal information clearing house and data repository and is maintained in the City Municipal Water Department.

(Ord. MC-298, passed 8-17-1983)

GEOTHERMAL FACILITY. Any space or process, heating or cooling apparatus or system used to pump, convey or transport geothermal resources or thermal ground water, including, but not limited to, ground water heat pumps, fluid heat exchangers, well and circulating pumps, pipelines, valves, fittings or controls.

(Ord. MC-298, passed 8-17-1983)

GEOTHERMAL FLUID. Any fluid transporting or capable of transporting geothermal heat.

(Ord. MC-298, passed 8-17-1983)

GEOTHERMAL HEAT. Heat derived from geothermal resources.

(Ord. MC-298, passed 8-17-1983)

GEOTHERMAL RESOURCES. The natural heat of the earth and the energy, in whatever form, below the surface of the earth present in, resulting from or created by, or which may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including specifically:

(A) All products of geothermal processes, embracing indigenous steam, hot water and hot brines;

(B) Steam and gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into geothermal formations;

(C) Heat or other associated energy found in geothermal formations; and

(D) Any by-product derived from them.

(Ord. MC-298, passed 8-17-1983)

GROUND WATER. Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

(Ord. MC-298, passed 8-17-1983)

HEAT RATE. The user fee schedule charged by the city for geothermal heat according to a rate schedule adopted by a resolution of the Board.

(Ord. MC-298, passed 8-17-1983)

HEATING SERVICE. The provision of geothermal heat by the city to a user pursuant to the City Charter, and any amendment thereto, and the provisions of Article II of this chapter.

(Ord. MC-298, passed 8-17-1983)

INHABITANT. Businesses and persons within the city.

(Ord. MC-298, passed 8-17-1983)

INJECTION WELL. Any well or converted well constructed to dispose of geothermal fluids or ground water into an underground reservoir.

(Ord. MC-298, passed 8-17-1983)

OWNER. The holder of the record title to real property or the vendee under a recorded land sale contract or any lessee having a long-term leasehold interest in the property.

(Ord. MC-298, passed 8-17-1983)

PERSON. An individual person, firm, partnership, association, social or fraternal organization, corporation, non-profit corporation, trust, estate, receiver, syndicate, branch of government or similar entities, any group or combination acting as a unit or the successors or assigns of any of the aforesaid.

(Ord. MC-298, passed 8-17-1983)

POLLUTION. The contamination or other alteration of the physical, chemical or biological properties of any surface or ground waters which will or can reasonably be expected to render such waters harmful, detrimental or injurious to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial use.

(Ord. MC-298, passed 8-17-1983)

PROSPECT WELL. Any well constructed or altered as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well, less than 2,000 feet in depth and constructed or altered specifically in prospecting for geothermal resources.

(Ord. MC-298, passed 8-17-1983)

SECONDARY USE. Any use which receives the city heating service from fluids discharged by a foregoing use, prior to the return of such fluids to a city heating service pipeline.

(Ord. MC-298, passed 8-17-1983)

SERVICE. See heating service (§ 13.20.145).

(Ord. MC-298, passed 8-17-1983)

SERVICE CONNECTION. The part of the city heating service distribution system which connects the city’s meter and pipeline to the user’s pipeline.

(Ord. MC-298, passed 8-17-1983)

THERM. A unit of measure consisting of 100,000 BTUs. This unit is used to measure delivered geothermal heat for billing purposes.

(Ord. MC-298, passed 8-17-1983)

THERMAL GROUND WATER. Ground water which is less than 250°F at bottom-hole temperature, and possessing sufficient heat to be used for a direct thermal application or in conjunction with a ground water heat pump for which the heat is put to beneficial use.

(Ord. MC-298, passed 8-17-1983)

UNDERGROUND RESERVOIR. An aquifer or combination of aquifers or zones containing a common geothermal and/or ground water resource.

(Ord. MC-298, passed 8-17-1983)

USER. A person who receives or is capable of receiving geothermal heat from the city.

(Ord. MC-298, passed 8-17-1983)

USER SERVICE PIPELINE. The private pipeline that connects the user’s private heating system to the city’s meter and distribution pipeline.

(Ord. MC-298, passed 8-17-1983)

WATER WELL CONTRACTOR AND DRILLING MACHINE OPERATOR. As defined by ordinance or state law, and any amendment thereto.

(Ord. MC-298, passed 8-17-1983)

WELL. Any artificial opening or artificially altered natural opening, however made, by which geothermal fluids or ground water is sought or through which geothermal fluids or ground water flows under natural pressure or is artificially withdrawn or is used to operate a heat exchanger within the well; provided that this definition shall not include a natural spring.

(Ord. MC-298, passed 8-17-1983)

WELL DRILLING MACHINE. Any power-driven percussion, rotary, boring, digging or augering machine used in the construction or alteration of wells.

(Ord. MC-298, passed 8-17-1983)

The rates, service charges, connection fees and such other charges as provided for by this chapter shall be established by resolution of the Board and may be amended by resolution of the Board at any time. Rates charged may be fixed and classified according to the type of use or the amount of geothermal heat used or any combination thereof. Such rates, fees and charges shall not be changed without a public hearing first being held before the Board. Such hearing shall be advertised by published notice in a local newspaper of general circulation not less than ten days prior to the date of such hearing, and in the geothermal heating bills sent to users during the period of 30 days prior to the date of the hearing. Such notices shall set forth the time and place of the hearing and a summary of said amendment.

(Ord. MC-298, passed 8-17-1983)

(A) San Bernardino geothermal heating service map. The locations of heating service facilities are established on the map entitled “San Bernardino Geothermal Heating Service Map,” as presently on file in the Geothermal Data Center, which map is incorporated herein by reference. The map shall hereinafter be referred to as the “heating service map,” and shall be maintained on file in the Geothermal Data Center. Any revisions or replacement of this map shall be approved by ordinance and shall be likewise filed and incorporated into this chapter by reference.

(B) City Municipal Water Department geothermal heating user service pipeline connection standards. Pipeline connection standards shall be established by the General Manager.

(C) City Municipal Water Department standards for maintenance related surface discharge. The General Manager may establish standards for maintenance related surface discharges.

(Ord. MC-298, passed 8-17-1983)

All actions pursuant to this chapter and all uses of land in conjunction herewith shall conform to Title 19 of this code, the city’s general plan, all other applicable code provisions and ordinances and applicable state statutes.

(Ord. MC-298, passed 8-17-1983)

Any decision rendered by administrative officials of the Department pursuant to this chapter may be appealed to the Board. Such appeal shall be in writing, shall identify the administrative decision appealed from, the specific grounds for appeal and shall be filed with the General Manager not more than 14 days following the date of the notice to the affected party of the administrative decision. The Board shall consider the appeal at its next regular meeting following the filing of the appeal, and upon considering all pertinent testimony and evidence, may sustain, modify or reverse the decision appealed from. The Board shall provide a written report of its decision to the affected party by certified mail within five days of the Board’s action.

(Ord. MC-298, passed 8-17-1983)