Chapter 6.88 WATER WELLS
Section 6.88.050 Permit procedure.
A. Application. Written permits required
by this chapter shall be issued by the director of
public works, subject to conditions set forth in this chapter, required by law or established by the
director of public works. The director of public works shall prescribe and provide a regular form
of application for the use of any applicant for a permit required by this chapter. The application
form shall contain space for the name and address, together with such detail as in the judgment of
the director of public works is necessary to establish the identity of the applicant and the
location, description of work to be done and purpose of the proposed work, or other pertinent
information. In addition, drawings and/or specifications of the proposed work shall be submitted
in an approved form for review by the director of public works; the director may also require
submission of a statement as to the environmental impact of any proposed work to be performed
under this ordinance, in accordance with the provisions of the California Environmental Quality
Act of 1970.
B. Fees and Costs. The schedule of
fees and costs will be those recommended by the director
of public works and established and adopted by the board from time to time by resolution. Before
a permit is issued, the applicant shall deposit with the county cash or a certified or cashier
s
check, in a sufficient sum to cover the fee for issuance of the permit, charges for field
investigation, and the fee for necessary inspection or other work, all in accordance with
schedules established and adopted by the board. Public utilities or other governmental agencies
may, at the option of the director of public works, make payment for the above charges as billed
by the county instead of by advance deposit as required above. If, upon completion of any work
under a permit, there remains any excess of deposit or of fees or charges, the director of public
works shall certify the same to the auditor for refund to the permittee or refund the same from
any trust fund established under this jurisdiction for such purposes.
C. Waiver of Fees and Costs. Neither
the county nor its departments nor its contractors shall
be required to make applications for permits as provided for hereunder, providing an agreed
procedure for the mutual clearance of plans and prosecution of the proposed work has been
reached between the county department heads responsible for such work and the director of
public works. All other public agencies must apply for permits but no permit fee shall be charged
to them, and investigation and inspection costs for such permits may be waived by the director of
public works unless in his opinion they would constitute an undue burden upon the county. All
privately owned public utilities making permit applications may have the fees and costs therefor
waived upon a finding by the director of public works that the county will incur no costs or
expense beyond that which would normally be incurred under the procedure indicated above for
other public agencies.
D. Term and Completion of Work. The
permittee shall begin the work authorized by a
permit issued pursuant to this chapter within ninety (90) days from the date of issuance unless a
different period is stated in the permit. If the work is not begun within ninety (90) days or within
the time stated in the permit, then the permit shall become void. The permittee shall notify
county three working days in advance of beginning his permitted work of the date of said
beginning work. A permit shall be valid for a term of one year from the date of issuance unless a
different term is specified in the permit, unless sooner terminated by discontinuance of the work
for which the permit was issued, or revocation by the board upon a showing of good cause
therefor. The permittee shall complete the work authorized by a permit issued pursuant to this
chapter within the time specified in the permit. A time extension to complete the work under the
permit may be granted if, in the judgment of the director of public works, a time extension is
warranted.
E. Guarantee of Performance. Prior
to the issuance of a permit, the applicant shall post with
the director of public works a cash deposit or bond guaranteeing compliance with the terms of
this chapter and the applicable permit, such bond to be in an amount deemed necessary by the
director of public works to remedy improper or uncompleted work, but not in excess of the total
estimated cost of the work. Such deposit or bond may be waived by the director of public works
where other assurances of compliance are deemed adequate by him.
F. Compliance with Other Regulations.
The issuance of any permit pursuant to this chapter
shall not in any manner relieve the permittee from compliance with applicable federal, state,
county, municipal, and local regulations regarding well work and public health requirements, and
from the necessity of obtaining any permits or consents required thereof, nor impose upon the
county any obligation with respect to said permits or consents.
G. Liability. Permittee shall be responsible
for all liability imposed by law for personal
injury or property damage proximately caused by work permitted and done by permittee under
the permit, or proximately caused by failure on permittee s part to perform his obligation under
said permit. If any claim of such liability is made against the county, or Alameda County flood
control and water conservation district, and its agents, officers, or employees, permittee shall
defend, indemnify and hold them and each of them, harmless from such claim.
H. Review and Appeal. Any person aggrieved
in any manner under the procedures
established under this chapter may request in writing that the matter be reviewed by the advisory
board or may appeal directly to the board of supervisors. If request for review is made, the
director of public works shall schedule the matter for review by said advisory board and give
reasonable notice of the time and place thereof to the applicant. Recommendations by said
advisory board shall not be binding and may be appealed to the board of supervisors. Such
appeals must submitted in writing and filed with the board of supervisors within ten days after
said advisory board recommendations have been sent to or served upon the applicant. The board
of supervisors shall hold a hearing of said appeal and shall give reasonable notice of the time and
place thereof to the applicant. The decision of the board of supervisors shall be binding upon all
parties. In the event the advisory board is not created under this chapter, request for review of
grievances shall be submitted in writing and filed directly with the board of supervisors. The
board of supervisors shall hold a hearing of review of such grievances and shall give reasonable
notice of the time and place thereof to the applicant. The decision of the board of supervisors
shall be binding upon all parties. (Prior gen. code § 3-160.4)