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Home My WebLink AboutOrdinance 1270 (Water Well Standards)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1270 entitled: AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING THERETO CHAPTER 9.24 ENTITLED, "WATER WELL STANDARDS" is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 15th day of Au4ust, 1977 Published as re- quired by City Charter in the Terra Linda News , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 6th day of September 1977 by the following vote, to -wit: Ayes: Councilmen: Miskimen, Nixon and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen- Mulryan and Mayor Bettini WITNESS my hand and the official seal of the Cit of San Rafael this S z4 day of 19 7-7-— A EANNE M. LEONCINI, City Clerk ORDINANCE NO. 1270 AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING THERETO CHAPTER 9.24 ENTITLED, "WATER WELL STANDARDS" THE CITY COUNCIL OF THE CITY OF SAKI RAFAEL DO ORDAIN AS FOLLOWS: Title 9 of the San Rafael Municipal Code is amended by adding thereto Chapter 9.24 entitled, "WATER WELL STANDARDS", as follows: CHAPTER 9.24 WATER WELL STANDARDS Sections: 9.24.010 Definitions 9.24.020 Exclusions 9.24.030 Permits Required 9.24.040 Issuance 9.24.050 Building Permits 9.24.060 Water Well Flow Requirements 9.24.070 Variances 9.24.080 Fees 9.24.090 Abandonment of Existing Wells 9.24.100 Appeal and Hearing 9.24.110 Severability DIVISION 1 9.24.010 DEFINITIONS. a) Small domestic water supply: a source of water, together with appurtenant fixtures and facilities, supplying water for human consumption which has four or fewer service connections meeting the standards of California Department of Water Re- sources Bulletin No. 74 and/or the U. S. Environ- mental Protection Agency Standards; b) Potable water: water intended for domestic use, of such physical quality and having bacteriological and chemical content meeting standards established by state and federal law, as established by the State Department of Health, California Department of Water Resources, and U. S. Environmental Pro- tection Agency; c) Public water system: a system for the provision to the public of piped water for human consumption, if such system has at least two service connections; 01MR, '� . d) Suitable pressure: a system maintaining a minimum pressure of thirty pounds per square inch gauge during the periods of maximum demand; e) Remodel: to substantially alter the physical premises; f) Health officer: the City of San Rafael Public Health officer or his duly appointed representative; g) Person: an individual, firm, corporation, partner- ship, association, or organization; h) Well or water well: as used in this chapter means any artificial excavation constructed by any method for the purpose of extracting water from, or inject- ing water into the underground. This definition shall not include: 1. Oil and gas wells or geothermal wells constructed under the jurisdiction of the Department of Con- servation of the State of California except those wells converted to use as water wells, or 2. Wells used for the purpose of (a) dewatering excavations during construction, or (b) stabil- izing hillsides or earth embankments. i) Health hazard: any condition, device or practice in the construction or operation of a water system which creates or may create a danger to the health of any human being as determined by the Health Officer. j) Permit: means a written authorization issued by the City of San Rafael pursuant to this chapter. 9.24.020 EXCLUSIONS. This chapter shall not apply to government entities which furnish water to consumers as part of their statutory duties or to water systems regulated by the Public Utilities Commission. 9.24.030 PERMIT REQUIRED. No person shall abandon, construct, remodel, or reconstruct, any small domestic water system - 2 - without first submitting an application to and receiv- ing a permit from the City of San Rafael for such con- struction or abandonment. Such permit may be subject to such conditions necessary to insure compliance with this chapter, and with state laws and the rules and regulations issued thereunder that will promote the protection of public health. 9.24.040 ISSUANCE. Application for permit must be submitted to the Department of Public Works on forms supplied by the Department. Permits may be subject to such conditions as the Health Officer deems necessary for the protec- tion of the public health, safety and welfare. Duly authorized representatives of the City may, at reason- able times, enter upon, and shall be given access to, any premises for the purpose of inspection upon com- pletion of proposed construction or remodeling or abandonment, and shall have such access for any sub- sequent inspection deemed necessary by the Health Officer for the protection of the public health. 9.24.050 BUILDING PERMITS. A building permit, as required by Title 12 of this Code, may be issued for any building construction which is to be connected to a small domes- tic water supply as defined herein, or a public water system as defined in Section 4010.1 of the California Health and Safety Code. 9.24.060 WATER WELL FLOW REQUIREMENTS. Water wells shall be cap- able of producing a minimum flow of 1.5 gallons per minute for one living unit and a minimum of one gallon per minute for each additional unit, at the minimum pressure at the residence with an adequate tank for storage. A well must be capable of producing the above minimum quantity for a sustained testing period of eight hours. - 3 - 9.24.070 VARIANCES. The Health Officer may grant one or more variances from potable water standards, treatment tech- niques, supply or storage requirements pertaining to domestic water supplies whenever compliance with such standards, techniques and other requirements cannot reasonably be met, provided that the variances shall appear on any permits issued hereunder. 9.24.080 FEES. Fees are required and shall accompany each appli- cation for a permit required by this chapter for new wells, remodeling of existing wells, and abandonment of any water wells. Said fees shall be as determined by resolution of the City Council. 9.24.090 ABANDONMENT OF EXISTING WELLS. No person shall abandon or allow to be abandoned any water well he may own with- out obtaining a permit therefor as specified in this chapter. Any well shall be deemed abandoned when the owner declares that its use has been permanently dis- continued, when it is in such a state of disrepair that continued use for the purpose of obtaining ground water is impracticable, or when declared a public nuisance by any court of competent jurisdiction or by the City Council. 9.24.100 APPEAL AI4D HEARING. a) Persons entitled to appeal: Any applicant or person aggrieved by any determination, decision, permit denial or issuance, or similar actions taken by any administra- tive personnel under the provisions of this chapter, shall have a right of review of such determination by the Health Officer at a hearing and, thereafter, may appeal the decision of the administrative personnel to the City Council. b) Form, time for filing: Appeal should be addressed to the City Council in writing with a copy to the Health Officer, and shall state the basis of the appeal. The appeal shall be filed in the office of the City Clerk within ten days after notification of the action or - 4 - decision from which an appeal is taken. c) Upon receipt of the appeal, the City Council shall set a hearing time and date. The appellant shall be notified in writing with a copy to the Health Officer. The action appealed may be affirmed, reversed or mod- ified by a majority vote of the City Council whose action shall be final. Such action shall be completed by the City Council no later than thirty days from the date of filing of the notice of appeal, unless applicant agrees to extend said hearing period. DIVISION 2. The standards and rules of this Ordinance will pro- tect the health and safety of persons utilizing water from wells. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the re- maining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Fi13 E . JE fid, A-�Ma-yor Attest: A*,67�Cit'y JMNNEM. clerk The above and foregoing Charter Ordinance No. 1270 was read and introduced at a regular meeting of the City Council of the City of San Rafael held on the fifteenth day of August, 1977, - 5 - and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the Council to be held on the sixth day of September, 1977. r _ C JEANNE M. LEON INI, City Clerk