Chapter 18.16
WATER WELLS
Sections:
18.16.040 Taking or drawing of water from a domestic water supply.
18.16.050 Permit required for development.
18.16.070 Exception – California Coastal Zone.
18.16.090 Penalty for violation.
18.16.100 Abatement of nuisance.
18.16.010 Purpose.
The purpose of this chapter is to protect public health and ground water quality by assuring that wells are constructed, repaired, or destroyed in an environmentally and biologically safe manner, and to establish standards regulating the use of private water supplies for human consumption in order to protect the health, safety, and welfare of the public. [Ord. 1099 § 2, 1994.]
18.16.020 Definitions.
For the purpose of this chapter:
A. “Adequate water” means the minimum amount of water supplied from a source or sources for domestic purposes for a proposed use or uses established in the current “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements” adopted by resolution of the City Council.
B. “Domestic water supply” means a private source of water supplying water for human consumption for no more than one lot.
C. “Domestic water system” means a domestic water supply with appurtenant fixtures and facilities.
D. “Health Officer” means the City Engineer of the City.
E. “Lot” for the purpose of this chapter means a legal parcel of record occupied or to be occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open space that may be required under the provisions of SMC Title 10.
F. “Potable water” means water complying with physical, bacteriological and chemical standards established by the State Department of Public Health and the United States Environmental Protection Agency.
G. “Well,” as used in this chapter, means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, extraction or artificial recharge of ground water. [Ord. 1099 § 2, 1994.]
18.16.030 Design standards.
The design and construction of domestic water systems shall be in accordance with the current “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements” adopted by resolution of the City Council and the provisions of Title 9.10 of this code. [Ord. 1099 § 2, 1994.]
18.16.040 Taking or drawing of water from a domestic water supply.
It is unlawful for any person to take, extract or draw water from a domestic water supply without first submitting an application to and receiving approval from the Health Officer. All applications shall be submitted in accordance with the current “Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements” adopted by resolution of the City Council, and also in accordance with the provisions of this chapter. [Ord. 1099 § 2, 1994.]
18.16.050 Permit required for development.
No person shall develop any well within the City without first submitting an application to and receiving a permit from the City Engineer on a form supplied by him or her. The application shall be accompanied by a fee in an amount to be fixed by resolution of the City Council. Before issuing any well permit, the City Engineer shall perform a site inspection to determine whether the proposed work will adversely affect the public peace, health or safety, or the property rights of others. The City Engineer may require the applicant to submit such plans, specifications and other evidence necessary to make such determination. If the City Engineer issues a permit, he or she may impose such conditions he or she deems necessary for the protection of the public health, safety and welfare, and the property rights of others. All work performed shall be strictly in accordance with approved plans and specifications, the terms of the permit and all other applicable laws and regulations. It shall be the responsibility of the permittee to obtain from the City and all other public agencies having jurisdiction any other entitlement which may be required for the development of the well or the use of the water derived therefrom. The issuance of a permit under this chapter shall not be deemed a guarantee by the City of the quantity or quality of water which may be produced therefrom. After June 7, 1994, in no event shall a permit be issued for the taking, extracting or drawing of water from a domestic water supply to serve more than one lot. [Ord. 1099 § 2, 1994.]
18.16.060 Exceptions.
Any person who is refused a permit pursuant to SMC 18.16.050 may appeal the denial to the City Council, in writing, within five working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established by resolution of the City Council establishing fees for permits administered by the Community Development Department – Engineering Division. The City Council may grant a permit if, after a public hearing, the City Council finds that:
A. Strict application of SMC 18.16.050 will cause inordinate economic or other hardship to the property owner; and
B. Issuance of the permit would not be detrimental to the public health, safety and welfare; and
C. The users of property served by the proposed domestic water system will be adequately protected from the risk of failure of their water supply, including their rights to a proportionate share of the water supply. [Ord. 1099 § 2, 1994.]
18.16.070 Exception – California Coastal Zone.
Notwithstanding the provisions of SMC 18.16.050 and 18.16.060, no permit shall be issued for the taking, extracting or drawing of water from a domestic water supply located within the coastal zone of the State of California, as that zone is defined in California Government Code Section 30103, unless their permit application complies with the requirements and restrictions of the North Central Coastal Commission and the Marin County local coastal plan with respect to the development of water wells. [Ord. 1099 § 2, 1994.]
18.16.080 Inspection.
If, after investigation, the Health Officer determines that the proposed domestic water supply is in accordance with the terms of this chapter, and it will not be injurious to the public health, he or she shall approve the application, and issue a permit therefor. Such permits may be made subject to such conditions as the Health Officer deems necessary to ensure compliance with this chapter and for the protection of public health. [Ord. 1099 § 2, 1994.]
18.16.090 Penalty for violation.
Any person who violates or willfully fails to comply with any provision of this chapter is guilty of an infraction. Except where other penalties are specified, each offense may be punished by a fine of not less than $150.00 nor more than $500.00. [Ord. 1099 § 2, 1994.]
18.16.100 Abatement of nuisance.
In addition to the penalties provided in SMC 18.16.090, any well, domestic water system or domestic water supply operated or used in violation of any of the provisions of this chapter, or in accordance with any other provisions of applicable law, is a public nuisance and may be abated in accordance with any other provision of applicable law. [Ord. 1099 § 2, 1994.]