Loading...
HomeMy WebLinkAboutOrdinance 1603 (Well Standards)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI'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. 1603 entitled: AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING IN ITS ENTIRETY CHAPTER 9.24 ENTITLED, "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 1st day of April , 1991, published as required by City Charter in the Independent Journal , a newspaper 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 15th day of April , 19 91, by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Thayer and Vice -Mayor Brei ner NOES: COUNCILME11BERS : None ABSENT: COUNCILMEMBERS : Shippey and Mayor Mul ryan WITNESS my hand and the official seal of the City of San Rafael this 16th day of April 1991. JEAN. EONCIN ; City Clerk ORDINANCE NO. 1603 AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING IN ITS ENTIRETY CHAPTER 9.24 ENTITLED "WELL STANDARDS". The City Council of the City of San Rafael do ordain as follows: DIVISION I. Chapter 9.24, Well Standards, is hereby amended in its entirety to read as follows: SECTIONS: Chapter 9.24 WELL STANDARDS 9.24.010 Purpose of Ordinance .020 Definitions .030 Exclusions .040 Design Standards .050 Taking or Drawing Water from a Domestic Water Supply .060 Common Water Supply Restriction .070 Prohibition .080 Exceptions .090 Notice on Property Title .100 Inspection .110 Common Water System Agreement .120 Appeals .130 Penalty for Violation .140 Abatement of Nuisance 9.24.010 Purvose of Ordinance - The purpose of this chapter is to protect groundwater and surface water by establishing standards regulating the construction, placement, reconstruction, and destruction of water wells, water supply sources, test holes, cathodic protection wells, and monitoring wells in the City of San Rafael. 9.24.020 Definitions - For the purposes of this Chapter, the following words and phrases shall mean and include: (a) "Adequate Water" means the minimum amount of water supplied from a source or sources for domestic purposes for a proposed use or uses as established in the current "Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements ' R 1 GVN�I ORDINANCE NO. 16 0 3 Pursuant to Marin County Code Chapter 7.28" adopted by the Marin County Board of Supervisors. (b) "Common Water Supply" means a domestic water supply which serves more than one but less than five lots. (c) "Common Water System" means a common water supply with appur- tenant fixtures and facilities. (d) "Domestic Water Supply" means a private source of water supplying water for human consumption to less than five lots. (e) "Domestic Water System" means a domestic water supply with appur- tenant fixtures and facilities. (f) "Enforcement Agency" shall mean that agency(s) designated by the City Council to administer and enforce this chapter. (g) "Health Officer" means the public health officer of Marin County or his authorized representative. (h) "Individual Water Supply" means a domestic water supply which serves only one lot. (i) LOT: Is a specific area of land, the boundaries of which have been es- tablished according to the legal requirements in effect at the time the lot was created. (j) "Permit" means a written authorization issued by the City of San Rafael or its duly authorized representative pursuant to this chapter. (k) "Person" means an individual, firm, corporation, partnership, associa- tion, or organization. (1) "Potable Water" means water complying with the physical quality, bac- teriological, and chemical content standards established by State and -2- ORDINANCE NO. 1603 Federal law, and as established by the State Department of Health, California Department of Water Resources, and U.S. Environmental Protection Agency. (m) "Well or Water Well" shall mean any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the underground ... as defined in the California Water Code Section 13710. In addition, test holes, cathodic protection wells, and monitoring wells are included within the definition of wells. Potholes, drainage trenches or canals, waste water ponds, shallow root zone piezometers, stock ponds or similar excavations shall not be included within the definition of wells. (n) All definitions contained in California Department of Water Resources Bulletin Number 74-81 and 74-90 and Chapter 7.28 of the Marin County Code apply, as though fully set forth herein. 9.24.030 Exclusions - This chapter shall not apply to government entities which furnish water to consumers as a part of their statutory duties or to water systems regulated by the California Public Utilities Commission. 9.24.040 Desien Standards - The design and construction of wells or water wells shall be in accordance with the current regulations contained in this chapter, Chapter 7.28 "Domestic Water Supply", of the Marin County Code, State Department of Water Resources Regulations contained in DWR Bulletin 74-81 and 74-90 or any subsequent revisions, and the provisions of the most current edition of the Uniform Building Codes adopted by the City of San Rafael. 9.24.050 Takine or Drawine Water from a Domestic Water Supply - It is un- lawful 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 Marin County Health Officer. All applications shall be submitted in accordance with the current Marin County "Rules and Regulations for Establishing Minimum Domestic Water Supply Requirements Pursuant to Marin County Code Chapter 7.28," adopted by Resolution of the Marin County Board of Supervisors. If at any time these Rules and Regulations are not met, approval is immediately withdrawn and it becomes unlawful to take, extract or draw water from the supply- -3- ORDINANCE NO. 1603 9.24.060 Common Water Supply Restriction - All lots to be served by a com- mon water supply shall be contiguous and the source shall be on one of them. 9.24.070 Prohibition - No permit shall be issued for a well or water well serv- ing more than one lot if said well or water well is located within the servicing area of a public water district, or private water company subject to regulation by the California Public Utilities Commission; provided however a permit subject to the other requirements of this chapter shall be granted by the Health Officer, where such residential units are all located on the same lot. 9.24.080 Exceptions - Any person who is refused a permit pursuant to Section 9.24.070 may appeal the denial to the San Rafael City Council in writing, within ten (10) working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established by the City Council for permits administered by the Department of Public Works. The City Council may grant a permit if, after a public hear- ing, the City Council finds that: (a) Strict application of Section 9.24.070 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) Users of any property served by the proposed well or water well will be ad- equately protected from the risk of failure of their water supply, including their rights to a proportionate share of the water supply. 9.24.090 Notice on Property Title - Within thirty (30) days of approval of well operation by the County of Marin, the property owner shall provide adequate proof to the City of San Rafael that a notice of well operation approval has been recorded on the prop- erty title. The notice shall state that approval is given under the conditions of this ordi- nance and that the notice shall not be deleted from the deed without the prior written con- sent of the City of San Rafael. Where well water is the source of domestic supply the recorded notice shall also include a statement that the lot is supplied by groundwater from a well and the continuation of the supply cannot be guaranteed. When well water is the source of the domestic supply a hold harmless agreement from the lot owner relieving the City, County, and MMWD of liability arising out of a failure of the well shall be entered -4- ORDINANCE NO. 1603 into and recorded. Specific wording of required notices and hold harmless agreements shall be approved by the City of San Rafael, prior to recordation. 9.24.100 Insvection - If, after investigation, the Marin County Health Officer determines that the proposed well or water well is in accordance with the terms of this Chapter, and it will not be injurious to the public health, he shall approve the application, and issue a permit therefor. Such permits may be made subject to such conditions as the Marin County Health Officer deems necessary to insure compliance with this Chapter and for the protection of public health. 9.24.110 Common Water System Agreement - For common water systems, there shall be an agreement among the parties serviced by the system subject to the ap- proval of the Marin County Health Officer, describing their legal responsibility with respect to the maintenance, care and construction and operation of the system. The agreement, which shall be recorded against the deeds of the various lots, shall specifically designate the lots and their rights to take water including their rights to a proportionate share. The agreement shall also designate the obligations of the various lot owners to share the cost associated with the construction and/or operation of the system, and the manner of insur- ing continuous maintenance including the method for guaranteeing a party responsible for its maintenance. The purpose of this agreement is to protect the public health and safety by insuring that the common water system will not fall in disrepair, and will be maintained in accordance with the requirements of this Chapter by designating those par- ties responsible to insure that the water system will comply with the requirements of this Chapter. 9.24.120 Appeals - Any person dissatisfied with the decision of the Marin County Health Officer may file an appeal to the City Council, in writing, within ten (10) working days following the date of action. The appeal shall be accompanied by the appeal fee in the amount established by the City Council for permits administered by the Department of Public Works. 9.24.130 Penalty for Violation - Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each such person, firm or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or per- mitted. Upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail of Marin County for not more than three months or by both such fine and imprisonment. IM ORDINANCE NO. 1603 9.24.140 Abatement of Nuisance - In addition to the penalties provided in Section 9.24.130, any domestic water system or supply operated, or used in violation of any of the provisions of this Chapter, or of the Marin County Code 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. DIVISION 2 - If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provi- sions, sections, or applications of the Ordinance which can be given effect without the in- valid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. DIVISION 3 - This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: LAWRENCE E. MULRYAN, Ma or E M. LEO�ICity rk The foregoing Ordinance No. 1603 was read and introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 1sT day of APRIL , 1991, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Thayer and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro and Shippey 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 15TH day of APRIL , 1991. JEAkE M. LEONCE�L City Clerk