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HomeMy WebLinkAboutTC Ord 1991-04-03 ORDINANCE NO. 367 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 13F TO THE TIBURON MUNICIPAL CODE REGULATING THE DRILLING AND USE OF WATER WELLS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Chapter 13F is hereby added to the Tiburon Municipal Code to read as follows: CHAPTER 13F WATER WELL CONSTRUCTION AND USE Sections: 13F-l 13F -2 13F -3 13F -4 13F -5 13F -6 13F -7 13F -8 13F -9 13F -10 Purpose Definitions Permit Required Application for Permit Findings and Conditions for Approval Suspension or Revocation of Permit Variances Inspection and Right of Entry Completion Reports Penalty for Violations Section 13F -1. Purpose. It is the purpose of this Chapter to provide for the construction, maintenance, use, repair, modification and destruction of wells in such a manner that the groundwater of the Town will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the users of the well or the other residents of the Town. Section 13F -2. Definitions. The terms used in this ordinance shall have the same meaning as that in Chapter 10 of Division 7 of the California Water Code and the Department of Water -1- Resources Bulletin 74-81 and any subsequent supplements or revisions. In addition, the following definitions shall be applicable for purposes of this chapter: (a) "Cathodic protection well" shall mean any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground. (b) "Council" shall mean the Town Council of the Town of Tiburon. (c) "Enforcement Agency" shall mean the Marin County Environmental Health Services. (d) "Monitoring well" shall mean a well used exclusively for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality. (e) "Person" shall mean any individual, person, firm, corporation or other legal entity. (1) "Potable water" shall mean water complying with physical, bacteriological and chemical standards established by the California Department of Public Health and United States Environmental Protection Agency. (g) "Water District" shall mean the Marin Municipal Water District. (h) "Water Well" shall mean any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground. (i) "Well Standards" shall mean the standards for the construction, repair, reconstruction or abandonment of wells as set forth in California Department of Water Resources Bulletin 74-81 and any supplements or revisions thereto. Section 13F -3. Permit Required. No person shall dig, bore, drill, deepen, modify, repair or destroy a water well, cathodic protection well, monitoring well or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this chapter. The only exception is if emergency work is necessary to restore or maintain potable water supplied by a well. In such case, the person responsible for the -2- emergency work shall apply for a permit within three (3) working days after commencing the emergency work. Section 13F -4. Application for Permit. (a) Applications for well permits shall be submitted to the Town Clerk on a form prepared by the Clerk. The application shall contain the following information: (1) Name of applicant and address or location of property where well is to be located. (2) A plot plan indicating the exact location of the well and the following items within a 100 foot radius of the well: property lines; major structures; sewage disposal systems; all intermittent or perennial natural or artificial water bodies or water courses; the general drainage pattern; and existing wells. (3) Name and address of the person who will perform the work as well as proof of a valid license to perform the work. (4) Proposed use of the well. (5) Proposed depth of the well. (6) A certificate satisfying the requirements of Section 3800 of the Labor Code (Worker's Compensation) (7) A report prepared by a geologist, hydrologist or other person qualified to render an opinion regarding possible harmful physical impacts of the well on adjoining properties, such as subsidence. (8) If the proposed use of the well is for potable water, proof that the appropriate fire district has approved the capability of the well to satisfy on-site fire containment needs. (9) Applicant shall also submit the fee for processing of the permit established by Council resolution. (b) Once a completed application is submitted, the Town Clerk shall place the matter of the application on the agenda for the following meeting -3- of the Council. At that meeting, the Council shall grant or deny the application or continue the matter for further consideration. Section 13F -5. Findinl:s and Conditions for Approval. (a) In order to approve a permit for a well to be used for non-potable water, the Council shall make the following findings: (1) The well shall meet all applicable well standards adopted by this chapter and Chapter 7.28 of the Marin County Code and any regulations adopted by the County pursuant thereto; (2) The well shall meet all the requirements of the Water District; and (3) The granting of the permit will not be detrimental to the public health, safety or welfare nor injurious to other properties in the vicinity. (b) In order to approve a permit for a well to be used for potable water, the Council shall make the following findings in addition to those specified in subsection (a)(1-3) above: (1) The well shall serve no more than two adjoining dwellings; (2) The Fire Chief of the appropriate fire district must certify that the well and water system for the dwelling will have sufficient storage capacity and water pressure to satisfy on-site fire containment needs, including sprinklers; (3) The owner shall provide for regular water testing on a recurring basis as may be required by the enforcement agency; (4) The owner has provided an opinion from a geologist, hydrologist or other qualified person that the water supply will remain reasonably intact during drought years; (5) The owner has agreed on behalf of himself and all successors to record an agreement indemnifying, defending and holding harmless the Town in the event of any future inadequate supply of potable water resulting from any cause; and -4- (6) Owner is currently prevented from connecting to the Water District's system due to a moratorium, but has agreed and has taken all necessary steps to connect to the Water District's system as soon as possible. (c) The Council may impose conditions on approval of a permit which will ensure compliance with the objectives of this chapter. (d) Approval of a well permit by the Council does not waive any design approvals required by the Town's zoning ordinances necessary for the well or any appurtenances, such as water storage containers. (e) A permit shall expire six months after its approval unless extended for good cause. One such extension for up to six months may be granted by the Town Manager. Section 13F -6. Suspension or Revocation of Permit. (a) The enforcement agency may suspend or revoke any permit issued pursuant to this chapter, whenever it finds that the permittee has violated any of the provisions of this chapter or conditions of the permit, or has misrepresented any material fact in the application and supporting documents. Prior to ordering any suspension or revocation, the head of the enforcement agency or his designated representative shall give the permittee an opportunity for a hearing. (b) A person whose permit has been revoked or suspended and who appeared at a hearing before the head of the enforcement agency, may appeal that decision to the Council. Any such appeal must be filed in writing with the Town Clerk within ten days after such suspension or revocation. The appeal shall be set for hearing by the Council at the earliest practicable time. The Council may affirm, reverse or modify the decision of the enforcement agency. Section 13F-7. Variances. The enforcement agency may grant a variance from any provision of the well standards if a strict interpretation of the standards would lead to unnecessary -5- hardship. Any variance granted shall be consistent with the purpose and intent of the well standards. Section 13F -8. Inspection and Rieht of Entry. (a) The enforcement agency may make inspections of each proposed drilling site prior to commencement of work, prior to sealing of the annular seal at completion of the work and at any other time deemed appropriate. (b) Representatives of the enforcement agency shall have the right to enter upon the premises where a well is located at all reasonable times to make inspections and tests for the purpose of enforcing this chapter. The representative shall first make a reasonable effort to seek permission to enter from the person in possession or control of the premises. If entry is refused, the representative shall have recourse to any legal course of action to secure entry. Section 13F-9. Completion Reports. The contractor shall provide the enforcement agency a completion report within thirty days of the completion of any well construction, reconstruction or destruction job. Section 13F -10. Penalty for Violations. (a) Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to punishment not to exceed that set forth in Government Code Section 36901. (b) Violations of this chapter may also be redressed through appropriate civil action including, but not limited to, injunctive relief, cost recovery or nuisance abatement. SECTION 2. Severa bility. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such section shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, clause, sentence or phrase thereof, irrespective of the fact that -6- anyone or more other sections, subsections, sentences, phrases, or clauses may be declared invalid or unconstitutional. SECTION 3. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 3, 1991, by the following vote: AYES: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, Logan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None o. f' , '1 ,/~, />\ f, ....' -(. /t.....-'\.. \l '--- """. ..-, '-I' ;:;~'c:.,\_-- PETER B. LOG~, MAYOR Town of Tiburorf ATTEST: 4t kJJ1 7r(.~ THERESE M. HENNESSY, T CLERK -7-