Bill Text: CA SB133 | 2009-2010 | Regular Session | Chaptered
Bill Title: Groundwater: wells, exploratory holes, and other
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 563, Statutes of 2009. [SB133 Detail]
Download: California-2009-SB133-Chaptered.html
BILL NUMBER: SB 133 CHAPTERED
BILL TEXT
CHAPTER 563
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE MAY 26, 2009
PASSED THE ASSEMBLY AUGUST 27, 2009
AMENDED IN SENATE MAY 12, 2009
AMENDED IN SENATE MAY 4, 2009
AMENDED IN SENATE MARCH 18, 2009
INTRODUCED BY Senator Corbett
(Coauthor: Assembly Member Torrico)
FEBRUARY 9, 2009
An act to add Article 9.3 (commencing with Section 31142.20) to
Chapter 1 of Part 5 of Division 12 of the Water Code, relating to the
Alameda County Water District.
LEGISLATIVE COUNSEL'S DIGEST
SB 133, Corbett. Groundwater: wells, exploratory holes, and other
excavations.
(1) Existing law, the County Water District Law, provides for the
formation and operation of county water districts, and specifies the
powers and purposes of those districts.
This bill would authorize the Alameda County Water District,
within described areas of its jurisdiction, to establish a permit
program, and to take related action, with regard to the construction,
operation, decommissioning, abandonment, or destruction of wells,
exploratory holes, or other excavations for the purpose of protecting
groundwater. The district would be authorized to establish a
procedure for the abatement as a public nuisance of any abandoned or
unused well, exploratory hole, or other excavation that creates or
threatens to create a water contamination hazard. The bill would
declare that any costs incurred by the district to abate the public
nuisance are a lien and would require the district to record with the
county any notice of a lien that is prepared by the district. Any
person who applies for a land development permit or approval, within
the areas described by the bill, would be required to obtain
specified documentation from the district with regard to the property
proposed to be developed. By imposing requirements on the district
in connection with the regulation of wells, exploratory holes, and
other excavations, the bill would impose a state-mandated local
program.
The bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 9.3 (commencing with Section 31142.20) is added
to Chapter 1 of Part 5 of Division 12 of the Water Code, to read:
Article 9.3. Alameda County Water District
31142.20. This article shall be known and may be cited as the
Alameda County Water District Groundwater Protection Act.
31142.22. This article only applies to all property within the
boundaries of the Cities of Fremont, Newark, and Union City.
31142.24. Unless the context requires otherwise, the definitions
set forth in this section govern the construction of this article.
(a) "Aquifer" means a geologic formation from which groundwater
may be extracted.
(b) "Aquitard" means a geologic formation with very low
permeability.
(c) "Board" means the board of directors of the district.
(d) "District" means the Alameda County Water District.
(e) "Exploratory hole" means a temporary excavation constructed by
any method, for the purpose of determining subsurface geological or
hydrogeological information.
(f) "General manager" means the general manager of the district.
(g) "Groundwater" means water beneath the natural surface of the
ground, whether or not flowing through known and definite channels.
(h) "Other excavation" means an excavation or structure, other
than a well or an exploratory hole, constructed by any method that
intersects an aquifer, or that may impact the integrity of any
aquitard located directly above an aquifer.
(i) "Well" means any artificial excavation constructed by any
method for the purpose of monitoring groundwater levels, extracting,
injecting, or circulating water, or extracting, injecting, or
circulating other fluid or gas solely for the purpose of soil or
groundwater remediation, beneath the natural surface of the ground.
31142.26. The district may take the following actions within the
boundaries of the Cities of Fremont, Newark, and Union City to carry
out this article:
(a) Adopt, by ordinance, regulations the board deems necessary or
proper to carry out this article.
(b) Inspect and investigate wells, exploratory holes, and other
excavations and enforce regulations adopted by the board regarding
the construction, use, maintenance, repair, improvement,
decommissioning, or destruction of wells, exploratory holes, other
excavations, and appurtenances.
(c) Take measurements, collect data, including samples of
groundwater, and make analyses pertaining to wells and the use of
groundwater within the district.
(d) Require persons or entities to obtain a permit from the
district to construct, operate, decommission, abandon, or destroy a
well, exploratory hole, or other excavation.
(e) Impose and collect fees to recover the cost of inspecting
wells, exploratory holes, and other excavations and otherwise
implement and enforce this article.
(f) Require the sealing of abandoned or unused wells according to
regulations adopted by the board that are designed to protect
groundwater from contamination.
31142.28. Any person applying for any land development permit or
approval within the boundaries described in Section 31142.22 shall
obtain documentation from the district indicating that existing wells
or other excavations are in compliance with the regulations of the
district or that no wells or other excavations have been identified
within the boundaries of the property proposed to be developed.
31142.30. Any abandoned or unused well, exploratory hole, or
other excavation that creates or threatens to create a water
contamination hazard is a public nuisance. The board shall adopt, by
ordinance, regulations to carry out this section.
31142.32. If the district determines that a public nuisance
exists, it shall, by certified mail, notify the record owner of the
property to abate the public nuisance. The notice of public nuisance
shall describe the public nuisance and specify the time, date, and
place for a hearing regarding the public nuisance. The hearing shall
take place no sooner that 10 calendar days and no later than 60
calendar days from the date of mailing of the notice of public
nuisance. At the hearing, district staff shall present evidence of a
public nuisance and the record owner may present evidence to the
general manager that a public nuisance does not exist or has been
abated.
31142.34. If, after the hearing, the general manager determines
that a public nuisance exists, the district shall, by certified mail,
send a notice to the record owner requiring that the record owner
abate the public nuisance within a specified time. The notice shall
state that, unless the public nuisance is abated within the time
specified by the district, the district may abate the public nuisance
and the costs of the abatement will be assessed against the
property.
31142.36. If the public nuisance is not abated within the time
specified by the district in the notice, the district may abate the
public nuisance. Any entry upon private property by the district for
this purpose shall be preceded by written notice to the record owner
of the property stating the date and place of entry and that the
purpose of entry is to abate the public nuisance. If the mailed
notice is returned undelivered, the district shall post a copy of the
notice at the proposed entry point of the property at least five
days prior to entry. Thereafter, the district may take all actions
necessary to abate the public nuisance.
31142.38. (a) All costs incurred by the district in abating a
public nuisance pursuant to this article are a lien upon the
property.
(b) Notice of the lien shall include the name of the record owner,
the property on which the nuisance was abated, and the amount of the
lien. The notice of lien shall be recorded by the district in the
Office of the Alameda County Recorder within one year after the date
on which the district initially incurs costs to abate the public
nuisance or within 90 days after the completion of the abatement of
the public nuisance, whichever occurs first. Upon recordation of the
notice of lien, the lien shall have the same force, effect, and
priority as a judgment lien, except that it will attach only to the
property described in the notice, and shall continue until released
or otherwise discharged.
31142.39. All actions authorized by this article shall be
undertaken in a manner that is consistent with the federal Clean
Water Act (33 U.S.C. Sec. 1341 et seq.) and Division 7 (commencing
with Section 13000).
SEC. 2. The Legislature finds and declares that this act, which
applies only to the Alameda County Water District, is necessary to
authorize that district to take action to protect the Niles Cone
Groundwater Basin from contamination by regulating wells, exploratory
holes, and other excavations within the boundaries of the Cities of
Fremont, Newark, and Union City. The Legislature further finds and
declares that a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution,
and that the enactment of this special law is necessary for the
conservation and use of that groundwater for the public good.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
