4823.5 - Administrative appeals.

Any person receiving a notice of violation or notice of imposition of administrative fines may appeal the matter by requesting an administrative hearing.

A.

Request for Administrative Hearing. Any person appealing a notice of violation or notice of imposition of administrative fines, shall, within thirty (30) calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Clerk of the Board of the County, with a copy of the request for administrative hearing mailed on the date of filing to the Director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within forty-five (45) calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

B.

Hearing Proceedings. The Agency or its authorized representative shall appear in support of the notice of violation or notice of imposition of administrative fines, and the appealing party shall appear in opposition to the notice. The Agency shall have the burden of supporting the notice and any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.

C.

Final Decision and Appeal. The final decision of the Hearing Officer shall be issued by mail within ten (10) calendar days of the conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party at the address set forth in the request for an administrative hearing. Pursuant to Government Code Section 53069.4, subdivision (b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within twenty (20) days after the date of service of the final decision. A copy of the notice of appeal must be served on the Director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. No. 4468, § 1, 12-16-2014)

4824 - Abatement.

If any corrective action required by an order issued pursuant to Section 4818 is not taken in full compliance with such order, the Director may cause the corrective action to be taken by the County and all persons required by Section 4818 to take such corrective action shall be jointly and severally liable to the County for the cost of such action. In cases where the public health and safety require emergency corrective action, the Director may cause the emergency corrective action to be taken by the County without a prior order or notice and all persons who own or are in possession of a well shall be jointly and severally liable to the County for the cost of such action.

(Ord. No. 4468, § 1, 12-16-2014)

4825 - Exemption.

(a)

Leak Detection System. The foregoing provisions of this Article do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or of Article 2 (commencing with Section 4521) of Chapter 5 of Division 4 of this Code.

(b)

Monitoring and Recovery Wells. The Agency may waive permit requirements for installation or destruction of monitoring and recovery wells which are less than fifty (50) feet deep and which are constructed to determine the extent of, or remove, pollution from underground storage tanks, pursuant to requirements of the Environmental Health Division, provided the Director determines that the purpose of this Article as set forth in Section 4811 will be satisfied.

(c)

Natural Gas Monitoring and Recovery Wells. The Agency may waive permit requirements for installation or destruction of natural gas monitoring and recovery wells which are less than fifty (50) feet deep pursuant to requirements of the Environmental Health Division, provided the Department determines that the purpose of this Article as set forth in Section 4811 will be satisfied.

(Ord. No. 4468, § 1, 12-16-2014)

4826 - Aquifer protection program.

The purposes of this program are to allow retention of those wells that are being used and are in good condition and to require either repair or destruction of those wells that are not usable and are causing groundwater pollution.

(a)

Water wells

(1)

Beginning on January 1, 1999, and on each January first thereafter, any person who owns a water well, or any person who is in possession of a water well, except those wells for which a valid certificate of exemption is in effect, shall submit to the Agency a report of the volume of groundwater extracted, as measured by flowmeter if so equipped, or other reasonable means, and the total time the well was operated within the preceding twelve (12) months. In addition, for water wells constructed to allow access for water level measuring, the static water level in each water well shall be measured and reported annually. Any results from a completed aquifer pump test, or groundwater quality data collected shall also be reported. This report shall be submitted to the Agency prior to February 1 of each year on a form approved by the Agency. Owners of wells located within the following agency jurisdictions, in lieu of a separate submittal, may submit copies of the existing reporting form if the form contains the information required by this Section:

a.

United Water Conservation District,

b.

Fox Canyon Groundwater Management Agency,

c.

Ojai Basin Groundwater Management Agency, and

d.

Any other government agency that requires the reporting of groundwater extractions within its boundaries.

(2)

If a well is classified as abandoned, as defined in Section 4812, a certificate of exemption shall be obtained or the well may be returned to active status by completing a well condition inspection report in the manner provided in Section 4820, or the well shall be destroyed as required by Section 4819.

(b)

Based upon the above information, all wells in the unincorporated areas of Ventura County shall be classified as one of the following:

(1)

Active,

(2)

Abandoned with a valid certificate of exemption,

(3)

Abandoned and requiring destruction,

(4)

Non-compliant—abandoned,

(5)

Non-compliant,

(6)

Can't locate, or

(7)

Can't locate report.

(c)

Applicants in violation of this Article shall not be entitled to further well permits or any land use entitlement until all violations of this Article are corrected.

(Ord. No. 4468, § 1, 12-16-2014)