§ 4.44.080. Administration; fees.

1.

The district engineer is appointed administrator to exercise authority for the enforcing agency as provided in Chapters 7C and 17C of the San Benito County Code and the district engineer is authorized to designate the deputy district engineer to act as administrator during periods when the district engineer's absence from the district would, in the opinion of the district engineer, interfere with the orderly and timely process and issuing of permits.

2.

The following fee schedule is adopted:

SAN BENITO COUNTY WATER DISTRICT
FEES PERTAINING TO THE ADMINISTRATION OF
SAN BENITO COUNTY CODE CHAPTERS 7C AND 17C

CHAPTER 7C - Groundwater and Aquifer Protections

Application Fee: $100.00

The cost of any environmental review pursuant to the California Environmental Quality Act will be in addition to the application fee. The estimated cost of that environmental review, as determined solely by the district, shall be advanced at the time of application.

CHAPTER 17C - Well Standards

[1] Standard or monitoring well permit fee/well abandonment fee/re-inspection fee:

(a)

A fee of eight hundred forty dollars ($840.00) shall be paid by an applicant upon filing an application with the district for a standard well permit (domestic well for the purpose of producing potable water or agricultural well) or for a monitoring well permit. In addition, the applicant shall submit to the district a refundable deposit in the amount of five hundred dollars ($500.00). This deposit shall be refunded to the applicant upon receipt by the district of the following information:

i)

A copy of the well completion report;

ii)

A signed registration of water producing facility form (to be provided by the district) which form shall confirm that the well is registered with the district and that the well is active (connected to power and able to produce water).

(b)

The fee of five hundred eight dollars ($508.00) shall be paid by an applicant upon filing an application with the district for a well abandonment permit.

(c)

In the event the district travels to the well site for a scheduled appointment to inspect the well seal, and the district is required to return to the site for re-inspection because the seal failed inspection, or the well-driller was not present at the initial appointment time, or the well driller was not ready for the inspection, the district shall charge an additional fee of one hundred forty-nine dollars ($149.00) for each such re-inspection. The re-inspection fee shall be paid prior to the district's inspection approval.

(d)

Seal inspections that are scheduled to begin at 3:00 p.m. or later on a business day will be charged an additional one hundred forty-nine dollars ($149.00). This fee shall be paid prior to the district's inspection approval.

[2] Annual fee increase/reduction:

(a)

The well permit/well abandonment fees, re-inspection fees and after-hours fees established pursuant to this ordinance [Ord. No. 59] are based upon the time incurred by district employees in performing the steps involved in the permitting process, at hourly rates derived from staff billing rates in effect as of the date of this ordinance [Ord. No. 59], all as set forth in the well permit fee study provided to and approved by the board of directors of the district at the public hearing on this ordinance [Ord. No. 59].

(b)

If the staff billing rates of the employees referred to in the said study are adjusted after the effective date of this ordinance [Ord. No. 59], the district staff is hereby authorized to compute the well permit/well abandonment fee, re-inspection fees and after-hours fees based upon the adjusted staff billing rates.

3.

Fee for groundwater extraction permit applications.

a.

A fee be established and required by the district for any groundwater extraction permit application, in the sum of $800.00, and shall be made payable at the time of formal application for said permit by a prospective applicant.

b.

All ordinance(s) and parts of ordinances inconsistent herewith are hereby repealed.

c.

Nothing shall preclude and prevent the district from requiring additional payment during application processing to offset the district costs of processing an application for a groundwater extraction permit, including, but not limited to, application environmental review.

d.

Applicant payment of this fee is not a guarantee of project approval, and that any such fee payment is done with the knowledge by the applicant that said application may be denied, or approved with mitigation measures/conditions of approval that may add to the applicant's project costs.

e.

In the event that any portion or provision of this ordinance shall be deemed by a court of law or other tribunal to be invalid or unconstitutional, such finding(s) of invalidity or unconstitutionality shall not affect the validity of the remaining provisions of this ordinance, which shall remain in full force and effect.

(Res. No. 2005-03, 1-12-2005; Ord. No. 53, 1-29-2014; Ord. No. 59, §§ 1, 2, 2-28-18)