Chapter 13.10
URBAN GROWTH AREA WATER QUALITY
Sections:
13.10.100 Test standards and procedure.
13.10.120 Water quality or quantity test.
Code reviser’s note: Ordinance 94-4 as amended provides that Ordinance 90-22, codified in this chapter, “will no longer apply to the area covered under this [Rural Land Development] code.” It defines that area as “the rural areas of the County not included in the urban growth boundary as established by Ordinance and drawn on the official map of the Grants Pass Urban Growth Boundary.”
13.10.010 Authority.
This chapter is enacted pursuant to ORS 203.035 et seq., and other applicable laws. [Ord. 90-22 § 2.]
13.10.020 Purpose.
It is recognized that the groundwater supply in Josephine County is a limited resource, and that certain uses have a relatively high tendency toward negative impact upon adjoining land uses. The purpose of this chapter is to require prior testing and approval of such development in order to reasonably assure an adequate and safe water supply for all citizens of Josephine County. [Ord. 90-22 § 3.]
13.10.030 Definitions.
“Certified Pump Tester” means an individual certified by the Water Resources Department as to possessing the knowledge and equipment to conduct major and minor pump tests.
“Comparable Pump” means an equivalent or similar pump, one which will produce the amount of water necessary for the intended use.
Documented Water Problem Area.
1. “Documented Water Quantity Problem Area” means an area which can be shown by public records to have problems which could result in the mining of the groundwater supply of that area, or result in substantial ground water interference.
2. “Documented Water Quality Problem Area” means an area which can be shown by public records to have problems which may endanger the quality of the groundwater of that area, or adjacent areas.
“Duplex” means a building containing two dwelling units.
“Dwelling Unit” means one or more rooms designed for occupancy by one family.
“Dwelling Unit – Multifamily” means a development containing three or more dwelling units, on a lot or parcel in one or more buildings.
“Dwelling Unit – Single” means a detached building containing one dwelling unit.
“Geologic Boundary” means a line between areas of the earth’s surface occupied by rocks or formations of different type or age.
“Groundwater” is defined by ORS 537.515(3) as: “Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.”
“Institutional Use” means appropriation of water for any organization having a social, educational, or religious purpose.
“Land Division” means the creation of two or more parcels of land from a single parcel.
“Major Pump Test” means a water quantity test designed to measure the extent of drawdown and recovery in a well(s) and to produce and measure a cone of depression where possible with the pump or a comparable pump installed to accommodate the proposed use.
“Minor Pump Test” means the same as a major pump test but of lesser duration.
“Mobile Home Park” means four or more mobile homes located within 500 feet of one another on the same lot, except for single mobile homes located on single subdivision lots.
“New Well” means any well drilled or altered for the purpose of new construction after the effective date of the ordinance codified in this chapter.
“Planned Unit Development” means a self contained development, often with a mixture of building types and densities, in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots.
“Replacement Well” means a well constructed for the purpose of being used in conjunction with or replacing an established well, which over time has declined in capacity and can no longer serve the established needs of the user(s).
“Substantial Interference” means interference which is caused by use of a groundwater source which diminishes another groundwater source that is fully developed, to the extent that it will not supply its legally established use.
“Test Supervisor” means an employee or representative of Josephine County Water Resources Department that oversees the major and minor pump tests.
“Water Quality” is defined by OAR 333-42-210 and the National Interim Public Drinking Water Regulations.
“Water Quality Test” means a test to determine potability and/or chemical quality of the water.
“Well” means any artificial opening or artificially altered natural opening, however made, by which groundwater flows under natural pressure or is artificially withdrawn. [Ord. 90-22 § 4.]
13.10.040 Scope.
This chapter shall apply to the following land divisions and uses when the owner/developer intends to use a groundwater source as a water supply. In addition, this chapter shall apply to newly constructed and existing wells as outlined in JCC 13.10.120 and 13.10.130.
A. All subdivisions (creating four or more lots) proposing one or more lots less than one acre in size shall, before submittal, successfully complete a major pump test as a condition of final platting.
B. All major and minor partitions (three or less lots) creating one or more lots less than one acre in size shall successfully complete a minor pump test as a condition of submitting a final plat or approval by the Planning Director.
C. New construction of multifamily dwelling units and mobile home parks or planned unit developments, which require a site review, shall, before submittal, successfully complete a major pump test or a minor pump test (for three units) prior to the issuance of a development permit or to submitting a final plat.
D. Any change in use of commercially or industrially zoned property, or change in use of any property to commercial or industrial, after the effective date of the ordinance codified in this chapter, which will require more than 1,600 gallons per day total, shall require a major pump test.
E. Any new well for institutional use, other than a replacement well, which will require more than 1,600 gallons per day, shall require a major pump test.
F. Any proposed land divisions in which a new well may threaten existing properly constructed wells in known documented water quantity problem areas, as shown on the official groundwater problem area map, shall require a successfully completed major or minor pump test with the results submitted to the Planning Commission prior to the public hearing.
G. A Josephine County water well permit shall be obtained prior to the commencement of any work for each of the following:
1. Construction of any well.
2. Alteration of any well.
3. Abandonment of any well.
Fees may be established by resolution of the Board of County Commissioners. [Ord. 90-22 § 5.]
13.10.050 Administration.
The terms and provisions of this chapter shall be administered by the Josephine County Board of Commissioners, through its agents, the Josephine County Water Resources Director with the aid of a consulting geologist, as deemed necessary by the Director. Complaints concerning the administration of this chapter will be heard by the Josephine County Hearings Officer for resolution. The Water Resources Director’s decision, and the Hearings Officer’s decision, may be further reviewed and decided on by the Board of County Commissioners. If the Water Resources Department has determined that a pump test has failed, and subsequent appeal to the Hearings Officer confirms failure, the land developer may appeal as follows:
A. The developer may hire a qualified geologist to consult with the County’s geologist to work toward an acceptable solution.
B. If the County’s geologist and developer’s geologist cannot arrive at a solution acceptable to the developer, they may hire another qualified geologist acceptable to both parties, to consult with on this matter. A majority decision by these three experts will become a final recommendation to the Water Resources Department.
C. The land developer is responsible for all costs other than the cost of the County’s geologist.
Upon satisfaction of all terms and provisions herein, the Josephine County Water Resources Director shall issue to the applicant a certificate of compliance herewith. [Ord. 90-22 § 6.]
13.10.060 Test required.
No person shall install a new water system, which will use a groundwater source in those land divisions and uses set forth in JCC 13.10.040, without successfully completing major pump tests, or minor pump tests, required herein. [Ord. 90-22 § 7.]
13.10.070 Test objective.
The test objective is to determine the availability, impact, and water quality for the users of ground water in Josephine County. This chapter is designed to determine the characteristics of the source aquifer and related aquifers for those uses proposed. Any subsequent uses, not determined at the time of the major or minor pump test, shall not be covered by the test results or recommendations.
No person shall develop or use land as set forth in JCC 13.10.040 without administering and passing on said land the tests required by JCC 13.10.060 in compliance with the following objectives, standards, methods and procedures:
A. Test Objectives. A major and minor pump test shall accomplish two or more of the following objectives:
1. Obtain sufficient data for the calculations of aquifer performance, including the coefficients of transmissivity and storage, specific yield, and hydraulic conductivity.
2. Determine the location and character of geologic boundaries.
3. Develop data concerning the effects of well interference.
4. Produce information that will ensure that sufficient groundwater is available to serve the intended use. [Ord. 90-22 §§ 8, 8(A).]
13.10.080 Test standard.
A. Minor Pump Test. The test shall establish the proposed well(s) is (are) capable of supplying water at a minimum rate of five gallons per minute per proposed dwelling unit in addition to existing uses, even though during testing a greater amount may be observed. If the proposed well(s) is (are) not capable of producing the aforementioned amount, the developer has the option to drill a well on each lot to be created. The wells drilled on each lot shall be capable of producing water at a minimum rate of three gallons per minute per proposed dwelling unit for four hours. The method of testing must be approved by the Water Resources Department. In addition, any well(s) being used for a commercial or industrial development shall be capable of supplying water to meet or exceed the estimated needs of the development.
B. Major Pump Test. The regulations for the minor pump test apply for the first three proposed dwelling units (five gpm/dwelling unit). For any additional proposed dwelling units, the well(s) shall be capable of supplying 400 gallons per day per dwelling unit, in addition to existing uses, over a period of 12 hours. If the well(s) for a development will not supply water at the aforementioned quantity, the developer may opt for the following: tests for developments with an engineered water system, approved by the State Health Division, shall establish the proposed well(s) is (are) capable of supplying water at the minimum rate outlined in the engineer’s specifications, in addition to existing uses. Well(s) proposed to supply water for industrial or commercial developments shall meet, or exceed, the estimated needs of the development.
C. For major and minor pump tests, the production well drawdown shall be as great as possible. The pumping rate shall be approved by the Water Resources Department prior to the beginning of the test so that, where possible, a drawdown goal of at least 20 percent of the initial standing column of water is achieved. In the case of unusually high capacity wells, the Water Resources Director may approve a lesser drawdown standard.
D. Any observation well shall not have the water level reduced to less than 25 percent of the initial standing water column.
E. All wells involved in a major or minor pump test shall be static with regard to water level at time of test start-up and, with the exception of the production well, shall be disconnected from the power source for the duration of the test.
F. Any development required to pass the above standards shall start construction within 12 months, or any longer period, as specified in applicable regulations. Construction shall be completed within three years after starting. If development construction has not begun or completed within the specified time period, a new test may be required.
G. Any observation well in which drawdown does not exceed 75 percent of the initial column of water shall have a recovery of, at least, 80 percent of the drawdown within 12 hours. [Ord. 90-22 § 8(B).]
13.10.090 Prior to test.
A. A statement of intended water use shall be submitted, by the developer, to the Water Resources Department, no later than 10 working days prior to the pump test.
B. The certified pump tester shall submit a preliminary report outlining the proposed test, including a map showing locations of all wells involved in the test, on a form supplied by Water Resources Department, no later than 10 working days prior to the pump test.
C. At least 24 hours prior to the pump test a pretest of no less than one hour in length shall be conducted to determine well capacity and an adequate rate of flow for the test. At least three water level measurements shall be taken and recorded during the pretest. The first measurement shall be taken prior to pump start-up (well must be static); second during pumping; and third just prior to pump shutdown.
D. For a major or minor pump test all wells shall be shut off no less than one hour prior to the test. At least three water level measurements, no less than 20 minutes apart, shall be taken on all wells prior to test start-up. All wells must be static before beginning the pump test.
E. A pretest information form, documenting pretest results, shall be submitted to the test supervisor, prior to the beginning of a major or minor pump test.
F. Prior to the test, the certified pump tester shall attempt to notify all property owners, and occupants within a 500-foot radius of the proposed production well, to curtail or restrict water use during the major or minor pump test. Notification shall be in writing, mailed or hand delivered. Initial contact may be by phone providing a follow up letter is delivered. [Ord. 90-22 § 8(C).]
13.10.100 Test standards and procedure.
A. Minor Pump Test.
1. Discharge shall be solely from the well and is to be measured in gallons per minute (gpm), by an approved method, and recorded on a standard form approved by the Josephine County Water Resources Department.
The pumping rate must be controlled with an adjustable valve. The size of the discharge pipe and valve shall be such that the valve will be from one-half to three-fourths open when pumping at the desired rate. Changing pump speed shall not be used as a method of controlling the discharge rate.
2. At least two of the following methods shall be used to measure the discharge flow rate:
a. Observing time required to fill a container of known volume.
b. Commercial type water meter to measure amount pumped in a given time (i.e., gallons in a minute).
c. Noninvasive type flow meters (i.e., ultrasonic).
d. Circular orifice weir.
e. Orifice bucket.
f. Open pipe flow:
[1] Horizontal pipe method (trajectory).
[2] Vertical pipe method.
Several methods should be used to ensure accuracy (i.e., I and VI, I and IV, III and I, II and I, etc.). Methods must be approved by the Water Resources Department prior to the test.
3. Using the pump or a comparable pump, intended to accommodate whatever land uses are proposed, measure static water level, and start pump at maximum flow which can be sustained by the pump and supported by the well constantly throughout the test. First well water measurement shall be taken one minute after pump is started; then, every one minute to 10 minutes. Every two minutes from 10 to 20 minutes. Next measurement at 30 minutes; then, every 15 minutes from 30 minutes to 240 minutes. Shut down pump and start recovery, recording in the same manner as pump drawdown. Continue for four hours or until there is an 80 percent recovery on all wells. If an 80 percent recovery has not been reached in four hours, consult with the test supervisor. A spot check may be required every four hours, on all wells until 80 percent recovery has been reached. In no case shall recovery be measured less than one hour.
4. The time each measurement is taken must be recorded.
5. Pumping is to be conducted a minimum of four hours. The time span will be determined by the requirements in subsection (A)(3) of this section, but in no case for less than four hours.
6. There shall be at least two observation wells used within a 500-foot radius of the pumped well. If observation wells are not available, a written explanation concerning the particulars will be included in the sworn report. Measurement and recording of measurements in subsections (A)(3) and (4) also pertain to observation wells. If more than two observation wells are available, the Water Resources Department shall determine which wells are used.
7. The pump tester shall document any observed water use in the vicinity of the major or minor test along with the time of that observation.
B. Major Pump Test. A major pump test shall be conducted using the well and pump, or a comparable pump, intended to accommodate whatever land uses are proposed. A major pump test will be conducted, in the same manner as the minor pump test, except the test duration will be 12 hours minimum of pumping discharge. The minimum acceptable amount to be pumped shall be determined as outlined in JCC 13.10.080(B). The withdrawal of water during the test must be as great as possible in order to develop a cone of depression. The drawdown readings, after 240 minutes, will be read every 60 minutes. The recovery readings will follow the minor pump test criteria for the first 240 minutes; thereafter, readings will be taken every 60 minutes, until 80 percent recovery or until 720 minutes has been reached.
C. Test Supervision. The test shall be conducted under the supervision of the Josephine County Water Resources Department using testing procedures herein set forth. The individual in charge shall be responsible for notifying the Water Resources Department 10 working days prior to the start of the test, including submittal of information form required in JCC 13.10.090(A).
D. Test Evaluation. The Water Resources Department shall determine whether a certificate of compliance shall be issued for a pump test. The Water Resources Director, with the advice of a consultant, will set criteria for the minor pump test and the major pump test. In those instances where the impact appears to be questionable the issue may be resolved with the aid of a consultant.
E. Certification and Responsibility. A major or minor pump test is to be conducted by a firm, or individual, who has been certified by the Water Resources Department to have the necessary equipment and knowledge required to conduct the test. The data collected during this test are to be recorded, legibly and in a manner approved by the Water Resources Department, on a standard form, which form will include a certified statement attesting to the accuracy of the information submitted and shall be filed with the Water Resources Department prior to issuance of a certificate of compliance.
1. A review of certified pump testers will be conducted annually. The Water Resources Department may fail to renew the certification for just cause. If the pump tester is to be recertified they must retake and pass the certification exam.
2. A land owner, or developer, may be certified for an individual test, after passing the certification test, and demonstrating the possession of the proper equipment.
F. Inadequate Tests. If any test does not meet the standards in JCC 13.10.070 through this section, no land use, or development requiring groundwater, shall be approved by the Planning Commission, or Planning Director, until such time as a subsequent test meets the standards or an alternative tested source is provided. If the test is deemed inadequate, the land developer may appeal as outlined in JCC 13.10.050. [Ord. 90-22 § 8(D).]
13.10.110 Following the test.
This section applies to the minor pump test and major pump test. In accordance with recognized principles of well hydraulics, graphs shall be prepared and filed with the Water Resources Department to show time versus drawdown and time versus recovery for the pumped well and the observation wells. A distance versus drawdown graph may be required for anticipated rates of pumping. The rate of pumping, time, and drawdown data are required, as well as other data, which may be considered necessary to satisfy the test objectives. [Ord. 90-22 § 9.]
13.10.120 Water quality or quantity test.
A. While conducting a major or minor pump test, or aquifer test, a water quality test, to determine the extent of the suspected contaminant(s), must be conducted. If the water quality test indicates the presence of contaminants, a certificate of compliance may not be issued. If the water quality does not meet the Public Health Standards, as designated in OAR Chapter 333, Division 61, and the National Interim Public Drinking Water Standards, then the well must be properly constructed in accordance with OAR Chapter 690, Divisions 210 and 215, or abandoned in accordance with OAR Chapter 690, Division 220.
B. A water quality test to detect the presence of suspected contaminants, or quantity test, shall be required for all wells being altered or constructed in documented water quality or quantity problem areas. Well construction, or abandonment, shall be in accordance with Oregon Administrative Rules, as cited in subsection (A) of this section, if the water quality test does not meet the standards as stated.
C. If a water sample from a new well does not meet, either by laboratory analysis or by field examination, the above referenced drinking water standards and the well is not subsequently abandoned, then the well owner may be required to submit a sample to a certified laboratory for further water quality information. The analysis shall be limited to 10 water quality parameters, in addition to any suspected contaminants. The parameters for analysis shall be determined from the Official Ground Water Problem Areas document. [Ord. 90-22 § 10.]
13.10.130 New wells.
Any new wells drilled after the effective date of the ordinance codified in this chapter shall not be located within five feet of a property line. Furthermore, all wells shall meet the location requirements of OAR 690 Division 210. [Ord. 90-22 § 11.]
13.10.140 Exemptions.
All requests for exemption from this chapter must be in writing to the Water Resources Department. The department will submit the request with a staff report and recommendation to the Josephine County Hearings Officer. Refer to JCC 13.10.050 for appeal procedure.
A. If the proposed land divisions fall under the scope of this chapter on the basis of newly created roads or dedicated roadways Josephine County Water Resources Department may recommend exemption from this chapter.
B. If a proposed land use change falls within the scope of this chapter and two properly executed pump tests of similar requirement have been conducted within a 500-foot radius of the proposed change, without a significant increase in ground water use, Water Resources Department may recommend exemption from this chapter.
C. If a proposed land use change falls within the scope of this chapter and a municipal water supply is available and there are no other groundwater users within 500 feet of the developments’ well, Water Resources Department may recommend exemption from this chapter.
D. If use of a well is being expanded and an adequate test has been conducted within one year using the same well, Water Resources Department may recommend an exemption from this chapter.
E. The Water Resources Director may exempt the test from JCC 13.10.080(G) (80 percent recovery of drawdown, within 12 hours) based on department evaluation, or on the advice of a qualified professional, or if successfully appealed as outlined in JCC 13.10.050. [Ord. 90-22 § 12.]
13.10.150 Penalties.
A. Violation of JCC 13.10.060 through 13.10.130 shall be punishable, upon conviction, by a fine of not more than $500.00 for a noncontinuing offense, and a fine of not more than $1,000 for a continuing offense.
B. In addition to the penalties provided by subsection (A) of this section, any violation of this chapter may result in the violator being made the defendant in a civil proceeding by the County seeking redress of the violation. [Ord. 90-22 § 13.]
13.10.160 State law.
Nothing in this chapter is intended to conflict with ORS 537.505, et seq., and said provisions of state law shall apply and prevail as applicable to any actual or intended groundwater use. [Ord. 90-22 § 15.]