Santa Rosa Municipal Code Art. II Zones of Groundwater Contamination

The findings and determinations set forth in Section 1 of Ordinance No. 3439 are incorporated herein by reference.

(Ord. 3439 § 3, 1999)

(A) Notwithstanding any other provision of law, all developed parcels within the City which are located within the Red Zone, the boundary of which is set forth on Exhibit 1, attached to and made a part of this section, which are using groundwater for potable water purposes must be connected to the City's potable water supply system.

(B) Notwithstanding any other provision of law, all developed parcels within the City which are located within a zone of groundwater contamination that is identified in the future by the City pursuant to a resolution of the Council and which are using groundwater for potable water purposes must be connected to the City's potable water supply system.

(Ord. 3439 § 3, 1999; Ord. 3845 § 4, 2007)

Notwithstanding any other provision of law, in a zone of groundwater contamination, there shall be no cross-connection between a well and either of the following: (1) the City's or any other public potable or recycled water supply system, or (2) piping for potable or recycled water purposes. To ensure proper implementation of this provision, (1) underground piping connected to such a well shall be disconnected at the well head, or (2) for any continued use of groundwater in a zone of groundwater contamination which is not prohibited by this article, or other applicable law, either (a) aboveground piping shall be used to deliver the water from the well head to the point of use, or (b) the owner of the developed parcel shall demonstrate to the satisfaction of the administrative authority that there is no cross-connection between underground piping for any allowable use and piping for potable or recycled water purposes. Once piping has been disconnected from a well, no re-connection shall be allowed in the future.

(Ord. 3439 § 3, 1999; Ord. 3845 § 4, 2007)

No new water supply well shall be installed or constructed in the Red Zone. Additionally, prior to issuing any well permit in any area within 2000 feet of the outer boundary of the Red Zone, the administrative authority shall consider the potential effect of the proposed new water well on contaminant spreading and movement within the Red Zone. Within 2000 feet of the outer boundary of the Red Zone, no new water well shall be installed or constructed unless (1) the applicant has submitted a hydrologic report to the administrative authority which documents that the well will not affect contaminant spreading and movement in the Red Zone and (2) the administrative authority concurs with the report.

(Ord. 3439 § 3, 1999)

Any owner of a developed parcel who asserts that his or her use of groundwater for potable water purposes in a zone of groundwater contamination does not, and will not, have the reasonable potential to draw contaminated water or significantly affect the movement of contaminated water, or who asserts that this chapter is unconstitutional as applied to him or her shall have the right to appeal the requirement of mandatory water supply connection to the administrative authority. The administrative authority has the authority to adopt reasonable rules and regulations regarding the appeal procedure and his or her decision on the appeal shall be final.

(Ord. 3439 § 3, 1999)

It is the intent of the Council to encourage voluntary compliance with this article. Should it become necessary to enforce this article, the Council declares its intention to use its authority under the police power and the provisions of Health and Safety Code Section 101024, et seq., in addition to any and all other remedies available to the City under the law, to take action deemed necessary to protect the public health and safety. Based on the findings above, the Council declares that continued use of a groundwater well in violation of the water supply connection requirements in this article constitutes a public nuisance.

(Ord. 3439 § 3, 1999)