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.
            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:

  1. 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;

  2. 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;

  3. 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;

  4. 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;

  5. 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




                                   Jack Siedman       
                    President, Board of Directors

______Jennifer Blackman___