Notwithstanding any other provisions of law, every residential building which is required to be connected to a supply of potable water shall receive such water supply through a system owned and maintained by a public agency, or a public utility operating under the jurisdiction of the California Public Utilities Commission. Provided, however, that a residential building situated on a single family residential lot, legally created prior to the effective date of this section, may be connected to a groundwater well for the purpose of supplying potable water to such building, when all of the following conditions exist:
A. No portion of such lot lies within 125 feet of a water main to which connection can be made and which is owned and maintained by a public agency or a public utility operating under the jurisdiction of the California Public Utilities Commission.
B. The Mill Valley Fire Department certifies to the Director of Planning and Building that there is an adequate public water supply available for fire protection purposes.
C. The City Engineer certifies to the Director of Planning and Building that access is sufficient for well drilling equipment and for the importation of water in the event of well failure.
D. A yield test shall demonstrate that the well (or wells) will produce a minimum of one gallon per minute for a sustained pumping test of eight hours after the pumping level has been established or the well is pumped to the bottom. Such yield test shall be conducted from June 1st to November 15th, and shall be done by a licensed drilling or pump contractor, or a registered geologist. In the event of prolonged dry weather, the time period for the conduct of such yield test may be extended or certification be required by a registered geologist as to the well's productivity.
E. Prior to the connection to such well as a source of potable water supply, there shall be constructed upon the property a storage tank with a minimum capacity of 1,000 gallons to be used as a source of potable water supply during such periods as the well may be out of service for maintenance reasons or for pump repair.
F. The water supplied by such well shall meet all standards and conditions deemed necessary by the health officer for the protection of the public health, safety and welfare.
G. At the time of issuance of the well permit the applicant shall execute a hold harmless agreement relieving the City of Mill Valley, its officers, agents and employees of any liability for damages resulting from the construction and use of the well and the water supplied thereby. Such agreement shall bind the applicant, and successor owners of the property and shall be recorded in the office of the Marin County Recorder.
(Ord. 923 § 1, August 7, 1978)