Santa Clara County Municipal Code Art. 3 State Small Water Systems

(a) No person will operate a state small water system unless a permit to operate the system has been issued by the Director.

(b) The application must include:

(1) A technical report which must describe the proposed or existing system as follows: service area, distribution system including storage and pumping facilities, the water source including source capacity, water quality, and any water treatment facilities. The report must identify the owner of the system and the party responsible for day to day operation of the system. The report must include a plan for notification of those served by the system when drinking water quality standards are exceeded. The report must describe the operating plan for the system and must specify how the responsible party will respond to failure of major system components.

(2) A copy of the by-laws or articles of incorporation in compliance with California Corporations Code § 14312(a)(13).

(c) A change in ownership of a state small water system will require the submission of a new application.

(d) No domestic water system will be issued a permit if water service for each connection or all connections of a proposed water system is available from a public, private, or mutual water system thereby eliminating the necessity of formation of an additional water system. Availability will be determined, on a case by case basis, in consideration of the following: ability of the water system to provide service, economic feasibility, long term viability, and a determination that the water system will have an adequate source and supply of water.

(e) The state small water system must comply with the standards and requirements as set forth in this chapter and in the most recent addition of Chapter 16, "California Waterworks Standards," of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, regarding design and construction of water systems.

(Ord. No. NS-517.72, § 2, 4-15-03)

No person operating a state small water system can add or modify the system source of supply, add or change the method of treatment of the water supply, or change the system's distribution unless an amended permit has been issued by the Director.

(Ord. No. NS-517.72, § 2, 4-15-03)

All state small water systems applying for a domestic water supply permit pursuant to Section B11-130 must pay a plan check review fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-517.72, § 2, 4-15-03)

Any person who operates a state small water system must provide a permanent, reliable, continuous and adequate supply of pure, wholesome, and potable water.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) Each water supplier operating a state small water system must collect a minimum of one routine sample from the distribution system at least once every three months. The sample must be analyzed for the presence of total coliform bacteria by a laboratory certified by the California Department of Public Health for bacteriological analyses pursuant to Health and Safety Code § 116390. The results of the analyses must be reported to the Director no later than the tenth day of the month following receipt of the results by the state small water system.

(b) If any routine sample is total coliform-positive, the water supplier must collect a repeat sample from the same location within 48 hours of being notified of the positive result. If the repeat sample is also total coliform-positive, the sample must also be analyzed for the presence of fecal coliform or Escherichia coli (E. coli). If the repeat sample is total coliform-positive, the water supplier must notify the Director within 48 hours of being notified of the result and will take corrective actions to eliminate the cause of the positive samples.

(c) The water supplier must collect additional samples when any of the following conditions apply:

(1) Community or system-wide illness suspected of being waterborne;

(2) Vandalism and/or unauthorized access to facilities;

(3) Physical evidence indicating bacteriological contamination of facilities;

(4) Any interruptions in the treatment process;

(5) After construction or repair, or maintenance of storage facilities;

(6) After construction or repair of wells;

(7) After main installation or repair; and

Samples collected must represent the water quality in the affected portion of the water system.

(d) Reports of the laboratory analyses must be reported to the Director no later than the tenth day of the month following receipt of the results by the water system.

(e) The Director may require a state small water system to sample the distribution system each month, in lieu of the requirements of Subsection (a), if the system has bacteriological contamination problems indicated by more than one total-coliform positive sample during the most recent 24 months of operation. The monthly sample must be analyzed for the presence of total coliform bacteria by a laboratory certified by the California Department of Public Health for bacteriological analyses pursuant to Health and Safety Code § 116390. The results of the analyses must be reported to the Director no later than the tenth day of the month following receipt of the results by the state small water system.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 38, 10-21-25)

(a) Each water supplier operating a state small water system must sample each water source before any treatment at least once. The sample must be analyzed for all primary chemicals, excluding organic chemicals and secondary (aesthetic) chemicals listed in Chapter 15 of Title 22 of the California Code of Regulations as may be amended from time to time, and incorporated herein by this reference. A laboratory certified by the California Department of Public Health to perform the analyses in drinking water, using approved EPA methods must analyze the sample.

(b) Each water source, which has been designated as vulnerable by the Director, must be sampled by the water supplier at least once prior to any treatment and analyzed for volatile organic chemicals according to EPA Method 502.2. A laboratory certified by the California Department of Public Health to perform EPA Method 502.2 analyses for organic chemicals in drinking water must perform the analysis. The water supplier to each user of the water system must distribute a copy of the results of the analysis within 90 days of receiving the results, and a copy of the distribution notice must be provided to the Director.

If the level of any primary chemical exceeds the maximum contaminant level, the water supplier must notify the Director within 48 hours from the receipt of the analysis and collect one additional sample within 14 days to confirm the result. If the average of the two samples collected exceeds the maximum contaminant level, the water supplier must report this information to all users and the Director within 48 hours and will monitor quarterly beginning in the next quarter after the violation has occurred.

(c) The water supplier must collect an additional sample to be analyzed for primary chemicals as required by the Director if the Director has reason to suspect that water quality in the water system has changed or has not been monitored within the last five years, to ensure compliance with drinking water standards.

(d) If the Director determines that a state small water system is subject to potential contamination, the Director may require the water system to conduct a periodic water analysis in accordance with conditions specified by the Director. The water analysis must be performed on a quarterly basis, unless the Director finds that reasonable action requires either more or less frequent analysis.

Results of all laboratory analysis must be reported to the Director no later than the tenth day of the month following receipt of the results by the water system.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 39, 10-21-25)

(a) A state small water system must comply with any corrective actions ordered by the Director for any primary chemicals contaminant which exceeds the maximum contaminant levels established in Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, incorporated herein by this reference.

(b) Water exceeding the maximum contaminant levels established in Chapter 15 of Title 22 of the California Code of Regulations, as may be amended from time to time, and incorporated herein by this reference, will not be supplied to users of the water system for human consumption or domestic purposes.

(c) For state small systems, surface water sources and water exposed to potential bacteriological contamination sources, must be treated by filtration and disinfection, and turbidity level of the treated water must not exceed 0.5 turbidity units for an acceptable level of public health protection.

(Ord. No. NS-517.72, § 2, 4-15-03)

No state small water system will add additional connections to the system so that the total number of service connections served by the system exceeds 14 without a permit to operate as a public water system from the California Department of Public Health.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 40, 10-21-25)

Before receiving permit approval, a state small water system must demonstrate to the Director that sufficient water is available from the water system's sources and distribution storage facilities to supply a minimum of three gallons per minute for at least 24 hours for each service connection served by the system.

(Ord. No. NS-517.72, § 2, 4-15-03)