Chapter 12.30
WATER SYSTEM PROTECTION AND CONTROLS
Sections:
12.30.020 Use and construction of facilities—Private suppliers.
12.30.030 License to withdraw.
12.30.050 Maintenance of city facilities.
12.30.070 Abandonment of wells.
12.30.080 Statement of policy.
12.30.010 Preamble.
(a) The ordinance codified in this chapter is adopted to insure adequate quantities of water are available from the single source aquifer which supplies the city’s wells. Said ordinance is further adopted to insure that water available from the single source aquifer is of the highest quality reasonably possible for introduction into the city’s water system.
(b) The availability of safe potable water for use by the city’s residents and industries is a priority of the city. To help insure safe and adequate supplies of potable water for the citizens of Othello, the city has determined it is in the best interests of its citizens to adopt regulations which compliment the laws of the state of Washington. The purpose of these rules is to provide a single source of safe potable water to the residents of the city and to protect the wells which supply the city’s water system. To insure the protection of the city’s potable water sources and to ensure the integrity of the city’s water system, this chapter is adopted.
(c) The city shall regulate the introduction of water supplies into the city from sources other than city’s wells, and the drilling of water wells within the city to prevent damage to, or the degradation of the city’s water supply that may result from contamination and/or withdrawal of underground water, and/or the invasion of the single source aquifer supplying the city’s water by unlicensed purveyors, individuals, associations, corporations or entities. This chapter is necessary to protect the public health, safety and welfare, and to secure the city in its rights and responsibilities to provide adequate water supplies for all uses to all persons and entities within the city.
(d) The provisions of this chapter shall not apply to the city’s water system or the city’s wells or the construction, improvement or maintenance of the city’s wells. (Ord. 981 § 1 (part), 1996).
12.30.020 Use and construction of facilities—Private suppliers.
(a) No facility for the withdrawal of public ground waters of the state shall be constructed within city limits, nor shall any existing facility for the withdrawal of public ground waters of the state be used to withdraw public ground water within the city limits, except as hereinafter provided.
(b) No individual, company, association, corporation or entity shall be licensed to do business, nor conduct business in the city as a private supplier of water. “Private supplier of water,” as used in this section, means any individual, company, association, corporation or entity engaged in the business of supplying water to individuals, companies or corporations, or any other entity, for domestic or industrial use, on a for-profit or on a not-for-profit basis; provided, that this section shall not be deemed to exclude suppliers of bottled potable water from doing business in the city.
(c) No individual, company, association, corporation, or entity shall import water from sources outside of the city for industrial use within the city. (Ord. 981 § 1 (part), 1996).
12.30.030 License to withdraw.
(a) Notwithstanding Section 12.30.020(a):
(1) All existing facilities for the withdrawal of public ground water that are in current use and are exempted from the permit provisions of Chapter 90.44 RCW, as now enacted or hereafter amended, and all rules and regulations promulgated thereunder, shall be allowed to continue to operate without further licensure as provided for in this chapter.
(2) All facilities for the withdrawal of public ground water owned and operated by the city shall not be subject to the licensure requirements of this chapter.
(3) All existing facilities for the withdrawal of public ground water subject to the permitting requirements of RCW Chapter 90.44, as now enacted or hereafter amended, and all rules and regulations promulgated thereunder, and for which current valid permits were issued by the appropriate permitting agencies for the withdrawal of public ground water within the city before the effective date of this chapter, shall be allowed to continue to operate without further licensure as provided for in this chapter.
(b) All individuals, companies, associations, corporations or entities seeking to construct and/or operate facilities for the withdrawal of public ground water within the city for any use, and who are not subject to the exemptions of subsection (a) of this section, must obtain a well drilling/operations license from the city before the construction or operation of the facilities may commence.
(c) All applications for a well drilling/operations license shall be made to the city in legible form, and shall contain, at a minimum, the following information:
(1) The name, address and telephone number of the individual, company, association, corporation or entity seeking licensure under this chapter;
(2) A statement by the proposed licensee that all permits required by the state, or any of its agencies or political subdivisions, other than the city, have been approved and issued. The proposed licensee shall list the permitting agencies, identify each permit issued by number, registration or other identifying fixture, and attach copies of each permit to the application. In the event that a testing of the facilities is necessary for any permit to issue, the proposed licensee shall submit a list of the agencies requiring facilities testing, the nature of the testing to be conducted, the time for such testing, and the type and nature of the facilities that must be constructed and/or operated before such testing may commence;
(3) A written description of the proposed well site, including the legal description of the property upon which the well site will be located;
(4) A scale map depicting the exact location of the proposed well site, and any buildings, fixtures, and improvements within one thousand feet of the proposed well site;
(5) A statement by the proposed licensee of the purpose for which the well site will be operated;
(6) A statement by the proposed licensee of the expected average daily withdrawal of water, in gallons, at the well site, together with an explanation by the proposed licensee of how the expected average daily withdrawal was calculated;
(7) A report from a licensed engineer or engineering firm stating that the firm has inspected the property upon which the well site will be located, and any and all other documents or information deemed necessary by the engineer, and that based upon any examinations and tests performed by the engineer, all federal, state and local rules and regulations related to the location of the well may be complied with, along with a statement that the installation and use of the proposed facilities for the withdrawal of public ground water at the site designated by the proposed licensee provides no statistically significant chance of adversely impacting or degrading city’s water supply, including the possibility for contamination or pollution, or the city’s ability to provide an adequate supply of water to its residents for all purposes. The report shall set forth all information relied upon in reaching the conclusions contained in the report, including a listing of all tests or analyses performed, the results of any tests or analyses, and an explanation of what specific information was provided by each test or analysis performed;
(8) A statement setting forth the time when the proposed facilities are expected to be constructed, and/or become operational;
(9) A statement setting forth whether the well facilities are currently licensed under this chapter. In the event the well facilities are currently licensed under this chapter, the proposed licensee shall set forth the name, address, and telephone number of the current licensee. The proposed licensee, shall attach a true and correct copy of the current licensee’s well drilling/operations license to its application;
(10) Any other information the proposed licensee wishes to include that may aid in the permitting process.
(d) Within ninety days after the submission of a well drilling/operations license application, the city shall determine whether such application is complete. In the event that an application is incomplete, the city shall so inform the proposed licensee by first class and certified mail to the address contained in the application. After the expiration of the ninety-day period, if the city has not informed the proposed licensee that its application is incomplete, the submitted application shall be deemed to be complete. The city shall note the date it determined the application to be complete or incomplete on the first page of the application. Within one hundred eighty days after a complete well drilling/operations license application is received by the city, the city shall either approve or disapprove the proposed licensee’s application. In the event that a proposed licensee’s application is disapproved, the city shall set forth specific reasons for the application’s disapproval. If no decision approving or disapproving a proposed licensee’s application has been made within the one hundred eighty day period, the proposed licensee’s application shall be deemed approved by the city.
(e) The city shall be entitled to rely on all statements made in the proposed licensee’s application, and shall incur no liability based upon their reliance thereon. (Ord. 981 § 1 (part), 1996).
12.30.040 Fees.
The city may charge a reasonable application fee to a proposed licensee, which fee shall not be refundable. That fee shall be established by resolution of the city council. (Ord. 981 § 1 (part), 1996).
12.30.050 Maintenance of city facilities.
The city shall charge every licensee under this chapter a periodic fee for the maintenance and upkeep of the city’s water facilities designated or expected to directly service the licensee’s property. The fee shall be based upon the proportion of the facilities designated or expected to directly service the licensee’s property in relation to the whole of the city’s facilities. One half of the basic charge for service under the provisions of this chapter related to delivery of water shall be the fee charged per month to any licensee unless the city council shall by resolution establish a lower fee. (Ord. 981 § 1 (part), 1996).
12.30.060 Transferability.
Any license granted by the city under this chapter shall not be transferable. A proposed transferee of a well drilling/operations license granted under this section must submit an application as provided for in this chapter, and pay any appropriate fees. In no event shall the city grant a well drilling/operations license to a proposed transferee if there are charges outstanding for the maintenance of city facilities designated or expected to directly service the licensee’s property. (Ord. 981 § 1 (part), 1996).
12.30.070 Abandonment of wells.
In the event any well subject to this chapter is abandoned, that well shall be abandoned in compliance with WAC Chapter 173-160 as now adopted or hereafter amended or readopted. (Ord. 981 § 1 (part), 1996).
12.30.080 Statement of policy.
The city recognizes that certain state laws give all persons the right to access public ground waters of the state. The city further recognizes that in order to assure that all residents of the city receive an adequate and safe water supply, it is in the best interests of the public to allow the city to act as the purveyor of water for each and every resident. Because the city has the utmost interest in protecting the health, safety and welfare of its citizens, it shall be the policy of the city to transfer any information contained in the proposed licensee’s application to all appropriate agencies. It shall be the policy of the city to do everything in its power to determine whether all licensees under this chapter are making continued efforts to remain in full compliance with all federal, state and local laws, rules and regulations. It shall be the policy of the city to inform all appropriate agencies of a licensee’s perceived noncompliance with any federal, state or local law, rule or regulation. Finally, it shall be the policy of the city to aid each and every agency, to the fullest extent practicable, to recognize and abate any threat to the public’s water supply brought by a licensee under this chapter. (Ord. 981 § 1 (part), 1996).
12.30.090 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 981 § 1 (part), 1996).