Santa Clara County Municipal Code Art. 2 Individual or Small Private Water Systems

No person may construct a small private water system or an individual private water system without first obtaining clearance from the Director. This clearance may be in addition to any other license or permit required by this County or by any other public agency. The clearance is nontransferable, and it expires one year after the date of issuance; except that the Director, upon a showing of good cause, may extend the clearance for up to one additional year. Any person who holds a valid clearance for the construction of a small private water system or an individual private water system issued by the Director prior to the adoption of this chapter will be deemed to have been issued a clearance in compliance with this section.

(Ord. No. NS-517.72, § 2, 4-15-03)

An application for a clearance to construct a small private water system or an individual private water system must be filed with the Director on a form as the Director may prescribe, and be accompanied by a fee as established by resolution of the Board of Supervisors. No part of this fee is refundable. This application must provide the information as the Director may reasonably require and must be signed by the owner(s) of the property. Applications for clearance to construct small private water systems must be prepared by a qualified registered engineer.

Applicants for clearance to construct small private water systems must:

(a) Submit a true copy of any agreement, or proposed agreement, by and between the applicant and any other persons who are, or may become, associated in the use and maintenance of the facilities of the small private water system. The agreement will specify the manner in which the expense and the responsibility for the maintenance and repair of the small private water system will be apportioned.

(b) Submit a copy of a recorded deed showing that the owner of any parcel to be served by the small private water system will have not less than a one-fourth undivided interest in the water source and distribution facilities and sufficient legal interest to guarantee access thereto and right to use thereof.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) The Director, upon receipt of a complete clearance application, will conduct an investigation to determine if the plans as submitted comply with the provisions of this chapter.

(b) If, upon completion of the investigation, the Director determines that any of the following conditions exist, the Director will not approve the clearance application until the applicant makes the changes in the proposed system as the Director deems necessary.

(1) The quantity of water available from the proposed source is less than the minimum amount required by Section B11-119 as set forth below.

(2) The system as proposed will produce water that will not comply with the California Domestic Water Quality and Monitoring Regulations described in Chapter 15 of Title 22 of the California Code of Regulations.

(3) The proposed source of water is a well, other than a horizontal well that does not comply with the construction standards of the Santa Clara Valley Water District.

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

(c) If the Director determines that none of the conditions specified in Subdivision (b) above exist, the Director must issue a clearance to construct the proposed water system. The Director may condition a clearance in a manner as is deemed necessary to secure the purposes of this chapter.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) In order to determine that the quality of the water to be supplied will comply with the requirements of this chapter, the Director may require that water quality analyses be carried out. These analyses must be carried out in a laboratory, which is certified by the State Department of Public Health, within one year of the application date. Water samples to be tested must be collected from the water source by qualified staff personnel 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 Director.

(b) The Director may require that the laboratory include in its analysis and report total coliform organisms as prescribed by the latest edition of Standard Methods for the Examination of Water and Wastewater, American Public Health Association. The report must also include the concentrations of aluminum, arsenic, barium, cadmium, chromium, fluoride, iron, lead, manganese, mercury, nitrate (as NO 3 ), selenium, and silver present in the source water.

(c) The Director may require additional water quality tests where deemed necessary, based on factors including, but not limited to, contaminant sources, local hydrogeology, and site use.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 37, 10-21-25)

(a) No clearance will be issued for the construction of an individual private water system or a small private water system unless and until the following water source requirements are established:

(1) For each connection to an individual private water system or small private water system where the proposed source of water is a well, a source capacity of 2½ gallons per minute must be sustained during a 24-hour period of continuous pumping, or until 3,600 gallons per proposed service connection have been achieved during a time period of 24 hours or less of continuous pumping.

(2) For each connection to an individual private water system or small private water system where the proposed source of water is a spring or horizontal well, a source capacity of 2½ gallons per minute continuous yield must be demonstrated during the dry season (August through October).

(3) 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, a registered environmental health specialist, engineering geologist, or certified hydrogeologist.

(4) The applicant must notify the Director at least 24 hours before the beginning of any pump test that is intended to establish source capacity.

(b) No clearance will be issued for the construction of a small private water system unless the system design includes storage facilities for domestic water of at least 1,000 gallons per proposed service connection. This storage requirement does not apply to any water system that has a proven source capacity that exceeds ten gallons per minute for each proposed service connection. This storage requirement does not and is not intended to satisfy the Santa Clara County Fire Marshal's storage requirements for interim fire protection.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) The Director may deny or revoke any permit or clearance issued under this chapter whenever the Director determines that the permit or clearance holder fails to meet the requirements of the permit or clearance, local ordinances, or applicable state law and regulations.

(b) The Director will serve notice on the applicant or permit or clearance holder, by United States mail addressed to the business address shown on the application or permit or clearance, of the intention to deny or revoke the permit or clearance on the grounds stated therein. The notice must also state that the applicant or permit or clearance holder has 15 days within which to request a hearing, or the permit or clearance will be denied or revoked.

(c) The hearing will be conducted by the Director within 15 calendar days of receipt of the request for a hearing, and the decision of the Director will be final.

(Ord. No. NS-517.72, § 2, 4-15-03)