§ 7.36.035. Prohibition of construction of wells within areas served by designated public water systems.

A.

No permit shall be issued for a well that is intended to be located within the jurisdictional boundaries or service area of a designated public water system unless the applicant for the permit demonstrates to the satisfaction of the Mono County environmental health director that:

1.

The public water system has consented in writing to the issuance of the permit; in that case, the permit may be issued if the environmental health director determines that, if constructed, the well will likely have no deleterious effects on the environment or public health; or

2.

The public water system is either unwilling or unable to provide water service to the property that the well is intended to service, or that the public water system is willing and able to provide such service, but the water to be supplied is unhealthful; or

3.

Due to topography, distance, or the presence of biological resources, connection to the public water system is infeasible or would impose an undue financial burden on the applicant.

B.

As used in this section, a "public water system" is a water-delivery system that meets the definition of a public water system in Health and Safety Code, Section 116275.

C.

As used in this section, the "jurisdictional boundaries" of a public water system are the legal boundaries of the entity that operates the system, if any.

D.

As used in this section, the "service area" of a public water system is the area that, in the determination of the health officer, has historically been served or can reasonably [be] served in the future by the entity that operates the system, if that entity does not have legal boundaries. In making that determination, the health officer may consider any relevant study, finding, or determination of the Mono County Local Agency Formation Commission (LAFCO).

E.

As used in this section, a "designated public water system" is a public water system within the jurisdictional boundaries or service area of which the board of supervisors has made this section applicable pursuant to the procedure set forth in Section 7.36.036.

F.

For purposes of subdivision A.3. of this section, it shall be presumed that connection to an existing public water system would impose an undue financial burden on the applicant if, due to the reasons set forth in that subdivision, the cost to connect to the system will exceed twice the estimated cost to construct the well applied for. That presumption is not conclusive, however, and may, upon competent proof and based on the circumstances of the permit application, be rebutted by the applicant or by the environmental health director.

(Ord. No. 09-01, § 1, 7-7-2009)