Article 2 — Private and State Small Water Systems

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Editor's note— Ord. No. 4598, § I, adopted Mar. 22, 2022, repealed the former Art. 2, §§ 4851—4860 and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to Enforcement of the California Safe Drinking Water Act and derived from Ord. 3859, adopted May 24, 1988.

4851 - Purpose and scope.

It is the purpose of this Article to ensure private and state small water systems are developed and operated in a manner that protects the health, safety, and welfare of the people of Ventura County. The scope of this Article includes establishing standards for certifying private individual and private shared water systems, permitting and regulating state small water systems, and providing procedures for administrative enforcement of the California Safe Drinking Water Act, as set forth in California Health and Safety Code, division 104, part 12, chapter 4 and of all rules, regulations, standards, permits and orders issued or adopted thereunder. This Article does not limit, preclude or supersede any other criminal or civil remedy provided in the California Safe Drinking Water Act or in any other law.

(Ord. No. 4598, § I, 3-22-2022)

4852 - Definitions.

Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this Article:

"Applicant" shall mean legal owner of the property on which the proposed water system is to be constructed and operated, or the legal owner's authorized representative.

"Approved Sampler" shall mean an individual qualified to collect a sample from a domestic water system source. The person must be certified or licensed in any of the following classifications: a State Certified Laboratory technician; California-licensed water well or pump contractor (C-57, C61-D21); a California Licensed Professional Geologist; California Licensed Civil Engineer; Certified Water Distribution Operator; Certified Water Treatment Operator; or Registered Environmental Health Specialist.

"Authority having jurisdiction" means the organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, installations, or procedures. The authority having jurisdiction shall be a federal, state, local, or other regional department or an individual such as a plumbing official, mechanical official, labor department official, health department official, building official, or others having statutory authority.

"Certification of water quality" shall mean the approval by the Director that a proposed potable water source meets primary drinking water standards.

"Contaminant" shall mean any physical, chemical, biological, or radiological substance or matter in water that may cause harm to human health.

"Division" shall mean Environmental Health Division of the Resource Management Agency of the County of Ventura.

"Director" shall mean the Director of the Ventura County Environmental Health Division of the Resource Management Agency of the County of Ventura or his/her duly authorized representative.

"Domestic water supply" shall mean water used for human consumption, sanitation, hygiene, and cooking purposes.

"Hearing Officer" shall mean the person designated by the Director to conduct hearings in accordance with Section 4730 et seq. of this Article. The Hearing Officer may include any employee of the County of Ventura other than the investigating officer involved in the particular proceeding or such officer's supervisor. Where the general abatement procedure is applicable, Hearing Officer shall mean the Hearing Officer appointed to implement such procedure.

"Permit" shall mean written document issued by the Division permitting the construction and operation of a state small water system.

"Potable water" shall mean water that is satisfactory for drinking, culinary, and domestic purposes and that meets the requirements of the health authority having jurisdiction.

"Primary drinking water standards" shall mean standards set forth in California Code of Regulations Section 64431, Table 64431-A, that specify maximum contaminant levels to any contaminant in drinking water that may cause potential health effects when ingested.

"Private individual water system" shall mean a water system serving a single parcel or legal lot, and regularly serving less than twenty- five (25) individuals daily at least sixty (60) days out of the year.

"Private shared water system" shall mean a water system serving at least two (2) and not more than four (4) service connections located on multiple parcels, and regularly serving less than twenty-five (25) individuals daily at least sixty (60) days out of the year.

"Safe Drinking Water Act" shall mean the California Safe Drinking Water Act, set forth in California Health and Safety Code, Division 104, Part 12, Chapter 4, and all rules, regulations and standards promulgated or adopted thereunder.

"Secondary drinking water standards" shall mean standards set forth in California Code of Regulations Section 64449, that specify maximum contaminant levels to any contaminant in drinking water that may adversely affect the odor or appearance of the water such that it adversely affects the public welfare.

"Service connection" shall mean a piped water service to a habitable dwelling unit or a structure utilized for commercial or manufacturing purposes that requires potable water for domestic purposes, except that a water connection shall not mean a piped water service to an attached second residential unit or an auxiliary structure such as a guest house, barn, garage, private art studio, private workshop, or private office.

"State small water system" shall mean a system for the provision of piped potable water to the public that serves at least five (5) but not more than fourteen (14) service connections and does not regularly serve more than twenty-five (25) individuals daily for more than sixty (60) days out of the year.

"Water system" shall mean a system for the provision of potable water through pipes or other constructed conveyances. It includes, but is not limited to, the source, piping, collection, treatment equipment, storage, and distribution components.

"Water treatment device" shall mean a device that makes health-related claims which has been certified by an independent, accredited certification organization, and/or has been approved for use by the California State Water Resources Control Board.

"Water well agreement" shall mean a legally binding agreement detailing the easements and water rights for a specified water well shared between two (2) or more parcels.

(Ord. No. 4598, § I, 3-22-2022)

4853 - Private water systems (individual and shared).

The purpose of this section is to establish the procedures for obtaining a certificate of water quality for a proposed private individual or private shared water system. All potable water sources which are proposed for domestic uses in a private individual water system or a private shared water system shall obtain a certification of water quality from the Division prior to issuance of a building permit.

(Ord. No. 4598, § I, 3-22-2022)