Tiburon Municipal Code Ch. 13F Water Well Construction and Use

(a) It is the purpose of this chapter to provide for the construction, maintenance, use, repair, modification and destruction of wells in such a manner that the groundwater of the town will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the users of the well or the other residents of the town.

(b) It is further the purpose of this chapter, in the case of potable water wells, to offer a temporary, alternative method of water supply to serve properties unable to be served by the public water district.

(Ord. No. 392 N.S., § 2 (part))

The terms used in this chapter shall have the same meaning as that in chapter 10 of division 7 of the California Water Code and the Department of Water Resources Bulletin 74-81 and any subsequent supplements or revisions. In addition, the following definitions shall be applicable for purposes of this chapter:

"Cathodic protection well" means any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground.

"Council" means the town council of the Town of Tiburon.

"Enforcement agency" means the Marin County environmental health services.

"Monitoring well" means a well used exclusively for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

"Person" means any individual, person, firm, corporation or other legal entity.

"Planning director" means the planning director of the Town of Tiburon or his designee.

"Potable water" means water complying with physical, bacteriological and chemical standards established by the California Department of Public Health and United States Environmental Protection Agency.

"Water district" means the Marin municipal water district.

"Well permit certificate" means a document signed by the planning director certifying that certain specific requirements for issuance of a well permit have been fulfilled.

"Well standards" means the standards for the construction, repair, reconstruction or abandonment of wells as set forth in California Department of Water Resources Bulletin 74-81 and any supplements or revisions thereto.

"Water well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground.

(Ord. No. 392 N.S., § 2 (part))

No person shall dig, bore, drill, deepen, modify, repair or destroy a water well, cathodic protection well, monitoring well or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this chapter. The only exception is if emergency work is necessary to restore or maintain potable water supplied by a well. In such case, the person responsible for the emergency work shall apply for a permit within three working days after commencing the emergency work.

(Ord. No. 392 N.S., § 2 (part))

(a) Applications for well permits shall be submitted to the planning director on a form or forms prescribed by the town. Application forms are available at the planning department, and shall list information and material required to file the application. A filing fee will be assessed as established by resolution of the council.

(b) Once a completed application is submitted, the planning director shall place the matter on the agenda for town council review and action. The town council may approve, deny or modify the application, or may continue the application for further consideration.

(Ord. No. 392 N.S., § 2 (part))

(a) In order to approve an application for well permit, the council shall make the following findings:

(1) The owner is currently prevented from connecting to the water district's system due to a moratorium. (Note: This finding applies to potable water wells only);

(2) The owner has provided a written opinion from a geologist, hydrologist or other qualified person that the water supply of the well will remain reasonably intact during drought periods. (Note: This finding applies to potable water wells only);

(3) The granting of the permit will not be detrimental to the public health, safety or welfare, nor injurious to other properties in the vicinity.

(Ord. No. 392 N.S., § 2 (part))

(a) In approving a well permit application, the council shall impose the following conditions:

(1) No well-related work shall be commenced until such time as the planning director has issued a well permit certificate, as set forth in section 13F-7 of this chapter.

(2) The well shall meet all applicable well standards adopted by this chapter and chapter 7.28 (or its successor) of the Marin County Code and any regulations adopted by the county pursuant thereto.

(3) The well shall meet all requirements of the water district.

(4) Owner shall be required to obtain all zoning and building permit approvals required by the town's ordinances which are necessary for the well or any of its appurtenances, such as water storage containers.

(5) An unexercised well permit shall expire six months after its approval unless extended for good cause. One such extension for up to six months may be granted by the town manager.

(b) In approving a permit for a potable water well, the council shall impose the following conditions in addition to those specified in subsection (a) of this section:

(1) Owner agrees to connect to the water district as soon as possible;

(2) The well shall serve no more than two adjoining dwellings;

(3) Owner shall provide for regular water testing on a recurring basis as may be required by the enforcement agency.

(c) The council may impose additional conditions of approval which will ensure compliance with the objectives of this chapter.

(Ord. No. 392 N.S., § 2 (part))

Prior to issuance of a well permit certificate by the planning director, owner shall provide the following:

(a) In the case of applications for nonpotable water wells:

(1) The name, address and telephone number of the person who will perform the work, as well as proof of a valid license held by that person to perform the work;

(2) A certificate satisfying the requirements of section 3800 of the Labor Code (Workers Compensation).

(b) In the case of potable water wells, the following items shall be required in addition to those listed in subsection (a) of this section:

(1) Owner shall provide a written certification from the fire marshal of the appropriate fire district that the well and water system will have sufficient storage capacity and water pressure to satisfy on-site fire containment needs, including sprinklers;

(2) An agreement, on behalf of himself and all successors in interest, indemnifying, defending, and holding harmless the town in the event of any future inadequate supply of potable water resulting from any cause. Such agreement shall be approved by the town attorney and recorded by the town;

(3) Evidence that a statement, written to the satisfaction of the town attorney, has been recorded on the title of the affected property, which statement shall contain the following disclosure:

As of this recording date, this property is served by a private water well and is not connected to the public water system. In the event the well fails, there is no assurance that the property will be able to connect to the public water system. Information concerning the current status of this property relative to the public water system is available from the Marin Municipal Water District.

(Ord. No. 392 N.S., § 2 (part))

(a) The enforcement agency may suspend or revoke any permit issued pursuant to this chapter, whenever it finds that the permittee has violated any of the provisions of this chapter or conditions of the permit, or has misrepresented any material fact in the application and supporting documents. Prior to ordering any suspension or revocation, the head of the enforcement agency or his designated representative shall give the permittee an opportunity for a hearing.

(b) A person whose permit has been revoked or suspended and who appeared at a hearing before the head of the enforcement agency, may appeal that decision to the council. Any such appeal must be filed in writing with the town clerk within ten days after such suspension or revocation. The appeal shall be set for hearing by the council at the earliest practicable time. The council may affirm, reverse or modify the decision of the enforcement agency.

(Ord. No. 392 N.S., § 2 (part))

The enforcement agency may grant a variance from any provision of the well standards if a strict interpretation of the standards would lead to unnecessary hardship. Any variance granted shall be consistent with the purpose and intent of the well standards.

(Ord. No. 392 N.S., § 2 (part))

(a) The enforcement agency may make inspections of each proposed drilling site prior to commencement of work, prior to sealing of the annular seal at completion of the work and at any other time deemed appropriate.

(b) Representatives of the enforcement agency shall have the right to enter upon the premises where a well is located at all reasonable times to make inspections and tests for the purpose of enforcing this chapter. The representative shall first make a reasonable effort to seek permission to enter from the person in possession or control of the premises. If entry is refused, the representative shall have recourse to any legal course of action to secure entry.

(Ord. No. 392 N.S., § 2 (part))

The contractor shall provide the enforcement agency a completion report within thirty days of the completion of any well construction, reconstruction or destruction job.

(Ord. No. 392 N.S., § 2 (part))

(a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to punishment not to exceed that set forth in Government Code section 36901.

(b) Violations of this chapter may also be redressed through appropriate civil action including, but not limited to, injunctive relief, cost recovery or nuisance abatement.

(Ord. No. 392 N.S., § 2 (part))

In addition to all other remedies available under this Code or state law, any violation of this chapter shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof.

(Ord. 445 N.S., § 3)