Santa Clara County Municipal Code Ch. VII Nonpublic Water Systems Inspections

In addition to the definitions in Chapter I, the following terms are defined for the purposes of this Chapter:

(a) Deficiencies means inadequacies that may be of health significance.

(b) Nonpublic water system means any water system that serves one or more dwelling units, not having an environmental health permit to operate issued by the Director or the State Department of Public Health. The system includes any collection, treatment, storage, or distribution facilities under control of the owner(s) of the system.

(c) Sell means conveyance of title to real property in exchange for the approximate fair market value of the property. Sell does not include a gift. Sell does not include a transfer between spouses. Sell does not include a transfer resulting in the addition or deletion of one or more co-owners to the title.

(d) Sanitary survey means the qualitative inspection of a water system and its physical environment to determine the quality of the water source and, to the extent possible, to uncover any condition that could potentially affect the safety or potability of that water. A sanitary survey would include an inspection of the well and storage and pressure tanks. It would also incorporate an investigation of the site location and adjacent properties in order to locate possible sources of chemical, pesticide, or sewage contamination that could pollute the water supply. A survey would also normally include a review of the results of water tests specified by the Director.

(e) Water system inspection report means the documented findings of sanitary surveys and of water quality tests to be included in the survey. The report includes a description of any identified water system deficiencies.

(Ord. No. NS-517.72, § 2, 4-15-03; Ord. No. NS-300.1002, § 41, 10-21-25)

Any person intending to sell a dwelling unit, which is connected to a nonpublic water system, must provide the buyer with a real estate transfer disclosure statement which includes the following statement:

THE COUNTY OF SANTA CLARA RECOMMENDS THAT THE PURCHASER OF ANY DWELLING UNIT WHICH IS SERVED BY A NONPUBLIC WATER SYSTEM AND IS LOCATED IN THE UNINCORPORATED AREA OF SANTA CLARA COUNTY, IS MADE AWARE OF THE QUALITY OF THE WATER AND IDENTIFIABLE DEFICIENCIES, IF ANY, WHICH MAY BE OF PUBLIC HEALTH SIGNIFICANCE IN THAT SYSTEM, PRIOR TO CONVEYANCE OF TITLE. SANTA CLARA COUNTY HAS DETERMINED THAT DEFICIENCIES OR THE POTENTIAL FOR DEFICIENCIES MAY BE DISCOVERED BY A SANITARY SURVEY OF THE SITE AND ANALYSIS OF WATER SAMPLING BY COUNTY CERTIFIED PROFESSIONALS. A LIST OF COUNTY CERTIFIED PROFESSIONALS IS MAINTAINED BY THE SANTA CLARA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH AND IS AVAILABLE UPON REQUEST.

(Ord. No. NS-517.72, § 2, 4-15-03)

No person who renders sanitary survey services, for the purpose of assessing the quality of drinking water supplied by a nonpublic system, may perform these activities without first having applied for and received certification from the Director. The Director will issue the certification to any person qualified in accordance with the requirements set forth in Section B11-143.

(Ord. No. NS-517.72, § 2, 4-15-03)

Qualified registered engineers, registered environmental health specialists, and other professionals with equivalent academic qualifications may be certified as nonpublic water system inspection professionals. If an applicant for certification, who does not possess an equivalent academic degree, can demonstrate to the satisfaction of the Director that he or she can provide an acceptable combination of experience and specialized professional training in the field, the Director may issue a certification to the person.

(Ord. No. NS-517.72, § 2, 4-15-03)

Applications for certification must be submitted to the Director on a form prescribed by the Department. A non-refundable administrative fee, as established by resolution of the Board of Supervisors, must be included with the application. The certification must be renewed annually on the anniversary date of first application upon payment of the fee. The Department will establish and maintain a list of certified professionals that will be made available upon request.

(Ord. No. NS-517.72, § 2, 4-15-03)

(a) A certification may be suspended or revoked if, in the opinion of the Director, a person holding that certification knowingly provides faulty or incorrect information, or fails to meet the requirements of this ordinance or any applicable state law or regulation.

(b) The Director will serve notice on the certification holder, by United States mail addressed to the business address shown on the application for certification, of his or her intention to revoke or suspend the certification on the grounds stated therein. The notice must also state that the certification holder has 15 days within which to request a hearing, or the certification will be suspended 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)

Every person holding an approved certification must, upon completion of any testing, analysis, sanitary survey, or other site assessment of a nonpublic water system, provide a copy of the water system inspection report to the Director on a form prescribed by the Department. The report must be provided to the Director not later than one month after submission of the original report to the client requesting the report. The Director will enter the water quality and site survey data obtained from the reports onto an electronic file which can provide Countywide information on the public health status of private water systems.

(Ord. No. NS-517.72, § 2, 4-15-03)

The County, its officers, agents, and employees, assume no liability to the applicant or anyone else relying on the water system inspection report, provided by a certified professional, for damage to persons or property caused by or arising from any inaccuracy in the report.

(Ord. No. NS-517.72, § 2, 4-15-03)

The County assumes no responsibility for resolving any identified water system deficiencies. The correction of those deficiencies will be at the discretion of the persons responsible for the water system.

(Ord. No. NS-517.72, § 2, 4-15-03)