§ 7.36.036. Designation of public water systems within which well construction is prohibited.

A.

The governing body of a public water system may, by official action transmitted to the clerk of the board of supervisors, request the board to render the provisions of Section 7.36.035 applicable within the jurisdictional boundaries or service area of that system. The board of supervisors shall consider any such request at a public hearing, at which the environmental health director shall advise the board on the issues raised by the application. Following the hearing, the board shall approve or deny the request; if the board grants the request, it shall memorialize that decision in a resolution, and the public water system shall then be a "designated public water system" for purposes of Section 7.36.035.

B.

By following the procedure set forth in subsection A. of this section, the governing body of a designated public water system may request the board of supervisors to render Section 7.36.035 no longer applicable within the jurisdictional boundaries or service area of that system.

C.

The board of supervisors shall not grant a request received pursuant to subsections A. or B. of this section unless it finds, in its sole discretion, that the public interest will be served by granting the request and also, with respect to a request made under subsection A. of this section, that the public water system making the request is in full compliance with all relevant federal, state, and county laws and regulations.

D.

No request under subsection A. or B. of this section may be made by the governing body of a public water system or a designated public water system, respectively, within one year of the board of supervisor's action on a similar previous request by the governing body of that public water system. In its discretion, however, the board of supervisors may, following notice to the affected public water system and after conducting a public hearing on the matter, revoke a public water system's status as a designated public water system if the board finds, in its sole discretion, that it would be in the public interest to do so.

E.

The environmental health division of the Mono County health department shall administer the provisions of this section and Section 7.36.035; in discharging that duty, the environmental health division shall maintain a record of which public water systems in the county are designated public water systems.

(Ord. No. 09-01, § 1, 7-7-2009)