Chapter 7.71
WATER SYSTEMS
Sections:
7.71.010 Purpose of provisions.
7.71.030 Design criteria adopted.
7.71.040 New system prohibited where existing system available.
7.71.050 Domestic water system approval.
7.71.065 Public water systems—Standards.
7.71.070 State small water systems—Standards.
7.71.080 State small water systems—Permits.
7.71.090 State small water systems—Permit revocation procedure.
7.71.100 Local standards for State small water systems—Water samples.
7.71.110 Local standards for State small water systems—Notification of water quality.
7.71.120 Local standards for State small water systems—Surface water sources.
7.71.130 Water use measurement and reporting.
7.71.010 Purpose of provisions.
The standards set forth in this chapter are minimum requirements for safe practice in the production and delivery of water for domestic use. They are to be interpreted as meeting only with the minimum requirements of design, construction, maintenance and operation of water systems. It is the intent of these standards to safeguard domestic water consumers from injury resulting from sanitary standards, or structural hazards, or both, which may arise from inadequacies in the design, construction, maintenance and operation of water systems. It is the purpose of these minimum requirements to utilize standards of design, construction, maintenance and operation of domestic water systems which will provide protection of the public health and welfare. It is the intent of this chapter to provide for local operation and permit standards for State small water systems. [Ord. 4213 § 2, 1992].
7.71.020 Applicability.
Except as otherwise provided in this chapter, this chapter shall apply to all water systems within the unincorporated area of the County, except the following:
(A) Water systems owned and operated by public entity water districts;
(B) Water systems which are subject to direct regulation by the State Water Resources Control Board Division of Drinking Water or which have more than 199 connections;
(C) Water systems which neither serve nor are ultimately intended to serve more than four residential users (service connections). (See Chapter 7.73 SCCC for regulations applicable to individual water systems serving four or fewer residential users.) [Ord. 5324 § 9, 2020; Ord. 5207 § 1, 2015; Ord. 4213 § 2, 1992].
7.71.025 Definitions.
(A) “Public water system” means a system for the provision of piped water to the public for human consumption which has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
(B) “State small water system” means a water system which serves at least five, but not more than 14, service connections and does not regularly serve more than an average of 25 individuals daily for more than 60 days out of the year, or as defined in California Health and Safety Code Section 116275.
(C) “Water system” means a system for the provision of piped water to the public for human consumption and includes the following:
(1) Any collection, treatment, storage and distribution facilities under the control of the operator of the system which are used primarily in connection with the system;
(2) Any collection or pretreatment storage facilities not under the control of the operator which are used primarily in connection with the system;
(3) Any treatment of water on behalf of one or more water systems for the purpose of rendering it safe for human consumption. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.030 Design criteria adopted.
All water systems subject to regulation under this chapter shall comply with the standards and provisions found in the County of Santa Cruz Design Criteria, Part 5—Water Systems, with respect to facilities of the water system. This document is adopted by reference and made a part hereof. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.040 New system prohibited where existing system available.
(A) The Health Officer shall not approve, and no permit shall be issued, to any proposed domestic water system to which this chapter applies if any lot to be served by such a system lies within the jurisdiction of any existing system, company, association or public water district furnishing water for domestic use.
(B) As used in this section, “jurisdiction” means any of the following:
(1) Public utility tariff area;
(2) Area encompassed by the official boundaries of a public entity water district;
(3) Unincorporated area of the County served by a municipal water system; or
(4) Area encompassed by those properties owned by the shareholders of a mutual water company.
(C) Notwithstanding the provisions of subsection (A) of this section, the Board of Supervisors may, upon a showing of emergency need due to lack of sufficient water from an existing water purveyor or source, authorize the issuance of the permit required by this chapter, solely for the purpose of ensuring continued service to properties already developed and inhabited. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.050 Domestic water system approval.
Every lot served by a water system to which this chapter applies shall be supplied water for domestic purposes from a water system approved by the County Health Officer, as required by California Health and Safety Code Division 5, Chapter 7, and pursuant to a valid permit issued by the Health Officer or the California Department of Public Health. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.060 Testings, fees.
Should the Health Officer deem it necessary to sample and test the water of a given water system, the charge for doing so shall be an obligation of the owner/operator of the water system. Such charges may be collected in advance as additional permit fees for the water system. [Ord. 4213 § 2, 1992].
7.71.065 Public water systems—Standards.
A public water system shall comply with the standards set forth in the California Safe Drinking Water Act, California Health and Safety Code Chapter 4, Part 12, Division 104, and the California Code of Regulations, Title 22, Division 4, as amended from time to time. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.070 State small water systems—Standards.
A State small water system shall comply with the standards set forth in the regulations of the State of California, as amended from time to time. (California Health and Safety Code Section 116340.) [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.080 State small water systems—Permits.
(A) Every State small water system governed by this chapter shall operate only with a valid permit issued by the Health Officer.
(B) Permit applications shall be filed with the Health Officer and accompanied by a filing fee established by the Board of Supervisors. The Health Officer may require an application to contain all data necessary for the enforcement of this chapter as determined by the Health Officer.
(C) An approved permit shall be valid for a period of one year and shall be renewed each year thereafter.
(D) No new State small water system shall be issued a permit to operate if the State small water system is not an incorporated association organized under Part 1 of Title 3 of the California Corporations Code commencing with Section 18000. A new State small water system is any system not operating as of July 1, 1992. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.090 State small water systems—Permit revocation procedure.
(A) The Health Officer, after notice and hearing pursuant to this section, may revoke any permit for a State small water system for failure to comply with the standards set forth in this chapter. Upon the effective date of such revocation, no water shall be made available for human consumption from, through, or by means of such State small water system.
(B) The Health Officer shall cause a notice of intent to revoke to be sent to the operator/owner of the State small water system and to all users. The notice of intent shall describe the grounds for revocation and set the date, not earlier than 30 days, and the time and place for the hearing.
(C) The Health Officer shall conduct a hearing which shall be open to the public. The hearing may be continued for good cause for a reasonable time by the Health Officer.
(D) The Director of the Environmental Health Services Division of the Health Services Agency, or their designee, shall present the evidence in favor of revocation. The operator/owner shall have the right to present evidence, oral and documentary, in opposition to the proposed revocation. Any other person possessing relevant evidence may testify or submit documents.
(E) The Health Officer shall render a decision within five days of the completion of the hearing. The decision shall be in writing and mailed to the operator/owner and to all users.
(F) The Health Officer may revoke the permit, sustain the permit or modify the permit with conditions. The decision of the Health Officer shall be final. The decision shall become effective 10 days after it is rendered. [Ord. 5324 § 9, 2020; Ord. 4213 § 2, 1992].
7.71.100 Local standards for State small water systems—Water samples.
In situations where there is reason to believe that a public health risk may exist, the Health Officer may require by order or through State small water system permit that the operator/owner monitor water quality at more frequent intervals than required by the State of California regulations, and that such monitoring including additional constituents than those required by the above-referenced regulations, including agricultural chemicals, naturally occurring radioactive constituents and microbiological contaminants. [Ord. 4213 § 2, 1992].
7.71.110 Local standards for State small water systems—Notification of water quality.
The Health Officer may require by order or through State small water system permit that the operator/owner notify all users of the State small water system when that system does not meet the water quality standards set by the State of California. Such notification shall be at the sole expense of the operator/owner and shall be according to the method and for the time period required by the Health Officer. [Ord. 4213 § 2, 1992].
7.71.120 Local standards for State small water systems—Surface water sources.
The Health Officer may establish standards for disinfectant residuals, contact times for disinfectant usage, minimum filtration requirements, and turbidity limits for public water systems which use a surface water supply in whole or part. [Ord. 4213 § 2, 1992].
7.71.130 Water use measurement and reporting.
(A) By October 1, 2015, the owner/operator of a water system governed by this chapter shall cause to be installed measuring devices to record the total amount of water produced and delivered by the system from all sources.
(1) By January 15, 2016, each owner/operator of a water system shall submit a report to the Health Officer or their designee, which indicates the total monthly water production by the water system, for each month during the period of October 1 through December 31, 2015. Each owner/operator shall also report the monthly water production for each month during the period of July 1, 2013, through September 30, 2015, if that information is available.
(2) Thereafter, by January 15th of each year, each owner/operator of a water system shall submit a report to the Health Officer or their designee, which indicates the total monthly water production by the system, for each month during the preceding calendar year.
(B) By October 1, 2017, all water systems governed by this chapter, except State small water systems with less than 15 connections, shall cause to be installed individual measuring devices to measure the water used by each service connection. By January 15, 2016, the owner/operator of a water system shall submit a report to the Health Officer describing the plan and schedule for installing measurement devices for each service connection.
(C) The Health Officer may establish specific technical requirements for installation of measurement devices and reporting of water use. [Ord. 5207 § 2, 2015].
7.71.140 Violations.
(A) In the event of a violation of the provisions of this chapter or the conditions of any permit issued under this chapter, the water system operator shall be given notice of such violation and a reasonable time for its correction.
(B) Whenever the Health Officer determines that the violation has not been corrected by the time given for correction, the water system operator shall be subject to a violation reinspection fee, the amount to be established by resolution of the Board of Supervisors. [Ord. 5207 § 2, 2015].