BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT
Resolution No. 541
Stating the Intent of the Bolinas Community Public Utility District to Enact
an Ordinance Regulating Water Wells Within the Boundaries of the District.
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WHEREAS, the Bolinas
Community Public Utility District (“BCPUD”) is a public utility district
in the State of California with all the rights and obligations assigned to
such districts under the California Public Utility Code, including but not
limited to the obligation to protect groundwater and surface water.
WHEREAS, the permiting
of water wells in areas of unincorporated Marin County, including but not
limited to Bolinas, historically has been handled solely by the County of
Marin’s Environmental Health Services (“EHS”) Department.
WHEREAS, the Board
of Directors of the BCPUD finds that there are unique considerations attendant
to the drilling, construction, operation and maintenance of water wells within
the district due to, among other things, the small size of individual
lots within the district; the existence of hundreds of on-site wastewater
systems within the district; the reasonably foreseeable need to repair and/or
upgrade and/or relocate many of said on-site wastewater systems; the potential
for a proposed water well to create a private or public nuisance or cause
damage to real property; and the compatability of a proposed water well with
the Bolinas Community Plan, the Bolinas Gridded Mesa Plan and the Local Coastal
Plan.
WHEREAS, the Board
of Directors of the BCPUD further finds it is appropriate to regulate water
wells within the district given that water wells which are improperly sited,
constructed, operated or maintained may adversely affect the health, safety
or welfare of the public through, among other things, cross-connection to
the public water system and/or inappropriate proximity to existing or potential
on-site wastewater systems.
WHEREAS, the County
of Marin recognizes that in light of the above considerations it would be
appropriate for the BCPUD to participate in the issuance of County permits
for water wells.
NOW, THEREFORE,
and consistent with its duty to safeguard the public health, safety and welfare
within the district, it is hereby declared to be the intent of the Board
of Directors of the BCPUD to adopt an ordinance within 120 days of the effective
date of this resolution to regulate the siting, drilling, construction, operation,
inspection, testing, maintenance and repair of water wells, water supply
sources, test holes and monitoring wells within the district. The General
Manager is hereby instructed to enter forthwith into a Memorandum of Understanding
(“MOU”) with the County of Marin’s EHS Department which shall alert the County
to the BCPUD’s intent and which shall further provide, among other things,
that:
- all applications received by the County’s EHS Department for the drilling,
construction, operations or maintenance of water wells within the boundaries
of the BCPUD shall immediately be transmitted to the BCPUD for review and
comment;
- the BCPUD shall provide written notice of said application(s) to all
neighboring property owners within at least 300 feet of the proposed well
site(s) within five (5) business days of its receipt of same;
- the BCPUD shall include an item on the next regularly scheduled monthly
Board of Directors meeting to review said application(s) and provide an opportunity
for the applicant and other interested parties to be heard;
- the BCPUD shall transmit any comments on the the application to the
County’s EHS Department within five (5) business days of the Board of Directors’
meeting;
- the County EHS Department shall not issue any permits for water wells
within the boundaries of the district until such time as the above-described
public notification process has occurred and resulting comments have been
received and evaluated.
IT IS HEREBY CERTIFIED
that this resolution was duly introduced and adopted by the Board of
Directors of the Bolinas Community Public Utility District this 17th day
of January 2007, by the following vote:
AYES: Amoroso, Kimball, McClellan, Siedman, Smith
NOES: None
ABSTAIN: None
ABSENT: None
Jack Siedman
President, Board of Directors
attest:
______Jennifer Blackman___
secretary