Section 5-8345.

(i)

Other conditions that are deemed necessary for the health, safety and welfare of the people of the County.

(Ord. 4064 § 1 (part), 2000)

5-8345 - MONITORING COMMITTEE.

(a)

If a permit is granted, the Board shall establish a five member Monitoring Committee whose members shall be appointed by the Board. The Monitoring Committee shall include the Director or the Director's designee; the Director of Environmental Health Division, San Joaquin County, Public Health Services, or designee; the permittee; a representative of the local agency that provides water service within the project; and a representative of the landowners owning land within two miles of the location of the proposed project.

(b)

The Monitoring Committee may engage the services of suitable professional groundwater specialist to provide assistance to the Monitoring Committee.

(c)

It shall be the duty of the Monitoring Committee at least annually, and upon receipt of a complaint regarding operation of the project, to review relevant facts and information and if necessary to recommend to the Board whether or not the project is operating within the terms and conditions of the permit issued for the project, whether or not the project is operating inconsistent with a required finding, and/or whether or not the project is operating to the injury of any party.

(d)

The Monitoring Committee will maintain official records of recharge and recovery activities, which records shall be open and available to the public. The Monitoring Committee will have the right to verify the accuracy of reported information by inspection, observation or access to user records (i.e., utility bills).

(e)

In response to complaints, the Monitoring Committee may establish criteria necessary to determine if well interference, other than insignificant interference, is attributable to pumping of project wells by conducting pumping tests of project wells following the installation of monitoring wells and considering hydrogeologic information.

(f)

The Monitoring Committee may make recommendations to the Board and project permittee including, without limitation recommendations for modifications in project operations based upon evaluation of data.

(g)

The cost of the Monitoring Committee shall be paid as follows:

(1)

Each of the parties shall be responsible for the personnel costs of its representative on the Monitoring Committee, and for the time spent by those personnel in participation on the Monitoring Committee.

(2)

All other groundwater monitoring costs, including employment of the professional groundwater specialist, collection, evaluation and analysis of data as adopted by the Monitoring Committee, shall be allocated among and borne by the permittee.

(3)

The costs of the Monitoring Committee set forth in subsection (g)(2) of this section shall be estimated by the Monitoring Committee at the beginning of each year of operation of the project, and a budget submitted to the Board. Should the permittee object to the budget, the issue shall be submitted to arbitration before a single neutral arbitrator appointed by the Monitoring Committee. In the absence of agreement of the

Monitoring Committee, the presiding judge of the San Joaquin County Superior Court shall appoint the arbitrator. The neutral arbitrator shall be a California Registered Civil Engineer or Certified Hydrogeologist, with experience in geologic or hydrologic testing. The arbitration shall be called and conducted in accordance with the procedures set forth in California Code of Civil Procedure, Section 1282 et seq.

(h)

All disputes regarding any condition or the operation of the project shall first be submitted by any party in writing to the Monitoring Committee for review and recommendation. The written request shall generally describe the request and the supporting facts. The Monitoring Committee shall meet and review all relevant data and facts, and recommend a fair and equitable resolution of the dispute.

(i)

All actions and recommendations of the Monitoring Committee shall be by a supermajority vote of the members of the Monitoring Committee.

(Ord. 4064 § 1 (part), 2000)

5-8350 - REAPPLICATION AFTER DENIAL.

Reapplication for a permit which has been denied may not be filed with the Director until the following water year unless denied without prejudice and must be accompanied with information that demonstrates a significant change in conditions in the groundwater and/or change in the proposed extraction.

(Ord. 4064 § 1 (part), 2000)

5-8370 - CHALLENGE TO APPROVED PERMIT.

(a)

Any interested party or public entity may challenge the continuation of the approved permit during the term of the permit when information exists that: (1) there is a violation of the conditions of the permit; or (2) circumstances have changed or the project is operated in such a manner so that the findings specified in Section 5-8335 of this division are no longer supportable.

(b)

Before a challenge may be filed pursuant to this section the grounds for the challenge must first be submitted to the Monitoring Committee pursuant to Section 5-8345 for review and recommendation by the Monitoring Committee. In the event that the Monitoring Committee fails to make a recommendation within sixty (60) days the challenge will be deemed rejected by the Monitoring Committee and the party may submit a challenge to the Board pursuant to this section.

(c)

A challenge pursuant to this section is commenced by filing a written request, accompanied by the fees which shall be established from time to time by the Board, with the Director which alleges any one of the above situations and generally describes the supporting acts for such allegation. In such event, the Director shall within ten (10) days of receipt of such challenge, give notice of the challenge to the Board, the

permittee, the appellant, the Districts and cities within the County which have boundaries overlying or immediately adjacent to the location of the permitted extraction, all landowners, within two miles of the project extractions, as shown on the latest tax role, and any interested party who files a written request for such notice within the past twelve (12) months. A Board review shall be held on the matter following the procedures set out in Sections 5-8330, 5-8335, and 5-8340. The Board's decision may be to deny the challenge, grant the challenge and terminate the permit, or to establish modified conditions to the permit.

(d)

The standard for review shall be substantial evidence. The burden of proof is upon the person or entity filing the challenge.

(Ord. 4064 § 1 (part), 2000)

5-8380 - DURATION OF PERMIT.

All permits shall be valid for a term set by the Board, not to exceed three (3) water years from the date of the issuance of the permit, or, if the permit is for extraction as part of a conjunctive use groundwater replenishment project, the permit shall be for the term of the conjunctive use groundwater replenishment project. For purpose of calculation, the water year in which the permit is granted shall not be counted in determining the three-year time period if less than four (4) months remains in the then water year. Provided however, nothing contained in this division nor in the conditions of the permit shall be construed as to give exclusive right to groundwater to permittee nor establish a compensable right in the event that the permit is subsequently discontinued or modified by the Board after a hearing on a challenge to the permit.

(Ord. 4064 § 1 (part), 2000)

5-8390 - LIMITATION OF PERMIT.

The permit process of this division is not to be construed as a grant of any right to entitlement but rather the permit evidences that the health, welfare, and safety of the residents of the County will not be harmed by the extraction and exportation of groundwater outside the County boundaries. The permit process in no way exempts, supersedes, or replaces any other provisions of Federal, State, and local laws and regulations and case law, including but not limited to Water Code Section 1220, the Groundwater Management Act, and any actions provided for in California groundwater law, well drilling and maintenance, or building permit requirements.

(Ord. 4064 § 1 (part), 2000)

5-8395 - OTHER REMEDIES AS PROVIDED BY LAW.

Nothing in this chapter shall prevent any interested party from pursuing any remedy at law or equity in the event such party is damaged as a result of projects permitted hereby.

(Ord. 4064 § 1 (part), 2000)