Ventura County Municipal Code § 4853.2 Permanent potable water supply

Footnotes:

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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 No. 4598, § I, adopted Mar. 22, 2022, repealed the former Art. 2, §§ 4851—4860 and enacted a new Art. 2 as set out herein.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.

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)

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)

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)

Applications for a certification of water quality for private individual and private shared water systems shall be made to the Division and include the following:

(a) Completed certification of water quality form provided by the Division.

(b) Water quality analysis for each water source performed by a state-approved laboratory within one (1) year of the date of application, demonstrating compliance with primary drinking water standards for bacteriological quality, primary standards for inorganic chemicals, gross alpha radioactivity, and specific conductance. Samples must be collected by an Approved Sampler.

(c) A plot plan, drawn to scale, showing the water source, all water lines, and all structures, septic systems, animal pens, etc.

(d) For private shared water systems, a copy of the recorded water well agreement and easements.

(e) Water well pump and recovery test report signed and approved by the Ventura County Public Works Agency, Watershed Protection District, Groundwater Section.

(f) Any other documentation determined necessary to properly evaluate the proposed water system, including, but not limited to, manufacturer specification sheets and/or third-party certifications for materials or equipment, additional water testing results for organics or secondary standards.

(Ord. No. 4598, § I, 3-22-2022)

All private individual and private shared water system applicants shall be required to demonstrate that the source of the domestic water supply is likely to be adequate for the expected useful life of structures. The applicant shall be responsible for performing any applicable pump and recovery test, or production yield testing, and collecting all relevant information, documentation, and reports related to demonstrating long term supply for evaluation by the Division. Criteria for demonstrating a long-term water supply are set forth in Section 2.12 of the Ventura County Waterworks Manual and in the "Water Well Pump Test Criteria" published by the Ventura County Public Works Agency, Watershed Protection, Groundwater Section, as may be amended.

(Ord. No. 4598, § I, 3-22-2022)

In the event a water source for a private individual water system or a private shared water system does not meet primary drinking water standards, the Division will evaluate, on a case-by-case basis, a proposal to install a water treatment device to achieve compliance with applicable drinking water standards. Sufficient information shall be submitted to the Division to properly evaluate the proposed water treatment device for each water system.

(Ord. No. 4598, § I, 3-22-2022)

The Director shall conduct a site visit of all proposed private individual and private shared water systems prior to certifying the water source.

(Ord. No. 4598, § I, 3-22-2022)

California Health and Safety Code Section 116340(b) of the Safe Drinking Water Act states the minimum requirements for state small water systems shall be enforced by the local health office or a local health agency designated by the local health officer. In accordance with California Health and Safety Code, enforcement of the Safe Drinking Water Act to all state small water systems in Ventura County with at least five (5) and no more than fourteen (14) service connections shall be by the Division. Subject to the exemptions and limitations set forth in California Health and Safety Code, said enforcement authority shall include, without limitation, authority to enforce the primary and secondary drinking water standards, waterworks standards and any rule, regulation, permit or order promulgated or adopted under the Safe Drinking Water Act. Said authority shall also include, without limitation, implementation of water sampling and analysis of plans and programs and implementation of the procedures set forth in this Article.

(Ord. No. 4598, § I, 3-22-2022)

In accordance with the standards set forth in the Safe Drinking Water Act and the procedures set forth in this Article, the Division may grant and deny applications for permits, permit modifications, variances and exemptions, and may suspend or revoke permits, variances and exemptions. All state small water systems must obtain a state small water system permit from the Division prior to operation and shall meet the requirements of California Code of Regulations, Title 22, Division 4, Chapter 14, Sections 64211 through 64217.

(a) A permit application for any new or modified state small water system permits shall be submitted to the Division and shall contain all the necessary information the Division requires to achieve the purpose of this Article. A technical report prepared by a qualified California Licensed Professional Geologist and/or California Licensed Civil Engineer, as required to address the appropriate area of professional practice, shall be submitted to the Division as part of the permit application. The report shall describe the proposed or existing system as follows:

(1) Service area map including parcel numbers,

(2) Distribution system including storage and pumping facilities,

(3) Water source including source capacity, water quality, and any water treatment facilities,

(4) Contact information for the owner of the system and the party responsible for day-to-day operation of the system,

(5) Any water well agreements currently in place,

(6) Emergency Notification Plan for those served by the system,

(7) Operating Plan for the system, including how the responsible party will respond to failure of major system components,

(8) For existing state small water systems making modifications, a detailed description of the proposed changes. Modifications to an existing state small water system includes but is not limited to: addition or change of treatment technologies or equipment, change or addition of a new water source, change of ownership, addition of a water service connection, or an increase in people served.

(b) A fee in the amount specified in the current Board of Supervisors fee resolution adopted pursuant to this Article shall accompany the application.

(c) Water quality results to verify the proposed or existing water source meets all drinking water standards specified in California Code of Regulations, title 22, division 4, chapter 14, sections 64212 and 64213, shall accompany the application.

(d) The design, supervision, and certification of the construction or modification of a state small water system shall be performed by a qualified California Licensed Civil Engineer and/or California Licensed Professional Geologist whose registration is active and in good standing with the appropriate state licensing or certification board, and as required to address the appropriate area of professional practice.

(e) State small water systems formed after November 12, 1991 must be incorporated. Mutual associations are prohibited per California Code of Regulations, title 22, division 4, chapter 14, section 64216.

(f) The Director shall conduct a site inspection prior to issuing the permit to operate a state small water system.

(g) In addition to the requirements enforced by the Division, state small water systems shall comply with any other applicable requirements enforced by any other authority having jurisdiction, including but not limited to: building requirements, plumbing requirements, groundwater sustainability, fire protection, water well standards, wastewater disposal, and other County Waterworks Manual requirements as necessary for the ability to issue water will-serve letters.

(Ord. No. 4598, § I, 3-22-2022)

State small water system owners and/or operators shall maintain water system components in good repair and operate so as to always provide a reliable and adequate supply of pure, wholesome, healthful, and potable water.

(Ord. No. 4598, § I, 3-22-2022)

Water supply sample results shall be submitted to the Division at intervals throughout the year deemed necessary by the Division to determine compliance with drinking water standards, the Safe Drinking Water Act, and California Code of Regulations title 22.

(a) Bacteriological Monitoring shall be done in accordance with California Code of Regulations, title 22, section 64212.

(b) Nitrate/Nitrite (NO 3 -N+NO 2 -N) Monitoring shall be required annually unless otherwise specified by the Division. Analytical results shall be reported to the Division as total nitrogen and are due according to a schedule established by the Division.

(c) Primary and secondary inorganic chemical monitoring, as described in California Code of Regulations Title 22, Chapter 15, Articles 4 and 16, shall be required once every three (3) years unless otherwise specified by the Division. Analytical results shall be reported to the Division according to a schedule established by the Division.

(d) Radiological monitoring, as described in California Code of Regulations title 22, chapter 15, article 5, shall be required once every nine (9) years unless otherwise specified by the Division. Analytical results shall be reported to the Division according to a schedule established by the Division.

(e) Asbestos monitoring shall be required every nine (9) years unless otherwise specified by the Division. Analytical results shall be reported to the Division according to a schedule established by the Division.

(f) The Division shall develop an individual sampling plan for any state small water system within their jurisdiction and will notify the operator(s) in writing of any additional water quality analysis as required for health and safety.

(g) Based on the submitted water quality analytical results, the Division may require any state small water system treat their source water to meet Title 22 Potable Water Standards.

(Ord. No. 4598, § I, 3-22-2022)

The Director may demand entry upon the premises of any state small water system and may, with either the consent of the owner, occupant, or other authorized person, or with a valid inspection warrant, enter upon the property in a manner consistent with the consent or the inspection warrant. In cases where no inspection warrant has been obtained, employees of the Division may enter upon property open to the general public by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to the inspection. The Division may also condition the issuance of any permit, permit modification, variance or exemption, on the permittee's express written consent allowing any such inspection. In accordance with the Safe Drinking Water Act, the Division may, at any reasonable hour of the day, do any of the following:

(a) Enter and inspect any state small water system or any place where the state small water system records are stored, kept, or maintained;

(b) Inspect and copy any records, reports, test results, or other information required to carry out the Safe Drinking Water Act;

(c) Obtain samples of the water supply;

(d) Photograph any portion of the water system, any activity, or any sample taken. The Division shall provide an opportunity for a representative of the inspected water system to be present during the inspection.

(Ord. No. 4598, § I, 3-22-2022)