The purpose of creating a prohibition zone for groundwater extraction
wells in and around the Civic Center Wastewater Treatment Facility
is to assure that the performance of the recycled water injection
wells remains as designed, to protect human health, and to assure
that the injected recycled water path of travel is to the ocean and
not to other sensitive water bodies such as Malibu Creek and Malibu
Lagoon.
The purpose of creating a consultation zone for groundwater
extraction wells in the Malibu Valley Groundwater Basin is to ensure
there are no impacts on the Civic Center Wastewater Treatment Facility
recycled water injection wells and to maintain the integrity of the
Basin against any potential for saltwater intrusion or other degradation
of groundwater quality resulting from the operation of groundwater
extraction well(s).
(Ord. 385 § 2, 2015)
For purposes of this chapter, the following words and terms
have the following meaning:
means an area within the Malibu Valley Groundwater Basin or the Winter Canyon Groundwater Basin in which groundwater extraction wells may be permitted pursuant to Section 9.21.050.
means any well or other human made opening in or excavation
of the surface and/or subsurface of the earth for the purpose of extracting
groundwater from underground.
means a well into which fluids are injected for purposes
such as waste disposal and/or the disposal of recycled wastewater.
means the small alluvial groundwater basin in the Civic Center
Area of Malibu bounded by the Pacific Ocean on the south and by non-water
bearing tertiary rocks on all remaining sides as depicted in Exhibit
A to the ordinance codified in this chapter.
means an area within which groundwater extraction wells are prohibited pursuant to Section 9.21.040.
means the small alluvial groundwater basin west of the Malibu
Valley Groundwater Basin separated by intervening ridge of non-water
bearing tertiary rocks on the east, and bounded by non-water bearing
tertiary rocks on the north and west as depicted in Exhibit A to the
ordinance codified in this chapter.
(Ord. 385 § 2, 2015)
This chapter shall apply to all groundwater extraction wells
in the prohibition zone and consultation zone in the Malibu Valley
and Winter Canyon Groundwater Basins.
(Ord. 385 § 2, 2015)
A.
Prohibition
Zone.
1.
A
prohibition zone shall exist around each recycled water injection
well serving as a dispersal method for the Civic Center Wastewater
Treatment Facility. Any groundwater extraction well shall be strictly
forbidden within this zone.
2.
The
prohibition zone shall extend to a radius of 1,600 feet around the
exterior of each recycled water injection well location that serves
the Civic Center Wastewater Treatment Facility.
3.
Prohibition
zones may overlap from one recycled water injection location to another.
4.
No
permit for a groundwater extraction well may be issued for any portion
of any real property located within the prohibition zone.
5.
No
person shall construct, install, utilize, allow, permit, or provide
for the installation of, a groundwater extraction well within the
prohibition zone.
6.
Any
existing groundwater extraction well located within the prohibition
zone shall be abandoned and/or destroyed in accordance with the Local
Coastal Plan and county of Los Angeles department of public health
requirements.
a.
Exceptions.
i.
This prohibition shall not apply to monitoring wells constructed
for the purpose of groundwater quality or elevation monitoring.
ii.
This prohibition shall not apply to wells used for the purpose of
dewatering excavations during construction of sites with valid building
permits and appropriate discharge permits from state and local agencies.
(Ord. 385 § 2, 2015)
A.
Consultation
Zone. A consultation zone shall exist over the entire Malibu Valley
Groundwater Basin and the Winter Canyon Basin.
B.
Permit
requirements for the construction of any groundwater extraction well
within the consultation zone are as follows:
1.
Applicants
must obtain a coastal development permit from the city for the installation
of any groundwater extraction well in the consultation zone pursuant
to the procedures set forth in the Malibu Local Coastal Program.
2.
Applicants
must obtain a well construction permit from the county of Los Angeles
department of public health, drinking water division.
3.
Applicants
must submit to the city a detailed engineering analysis prepared by
a California State licensed and/or certified hydrogeologist or engineer
detailing the effects of the proposed groundwater extraction well
on the Malibu Valley Groundwater Basin and the Winter Canyon Basin,
including, but not limited to, addressing and modeling the effects
of the well on the operation of the Civic Center Wastewater Treatment
Facility recycled water injection wells. The report must demonstrate
to the satisfaction of the city engineer that the extraction of the
groundwater will not change, alter, or affect the dispersal pathway
of the injected recycled water or create any negative impact from
the injected recycled water. The report must also demonstrate and
model to the satisfaction of the city engineer that the extraction
of groundwater will not cause saltwater intrusion or other degradation
of the Malibu Valley Groundwater Basin and the Winter Canyon Basin.
The report shall also address the short term, long term, and cumulative
effects of the proposed groundwater extraction on the Malibu Valley
Groundwater Basin and the Civic Center Wastewater Treatment Facility
recycled water injection wells.
4.
No
person shall construct, install, utilize, allow, permit, or provide
for the installation of, a groundwater extraction well on any parcel
of land within the consultation zone unless such well is permitted
pursuant to the provisions of this chapter.
(Ord. 385 § 2, 2015)
The city may collect all applicable fees pursuant to the city
of Malibu fee schedule.
(Ord. 385 § 2, 2015)
A violation of any of the provisions of this chapter shall constitute a misdemeanor. Any violation of this chapter may be enforced pursuant to the provisions of Chapters 1.08, 1.10, 1.16 and 8.28, in addition to the provisions of any other applicable law, rule or regulation. Causing, aiding, abetting, or concealing a violation of any of the provisions of this chapter shall also constitute a violation of this chapter. Any property upon which a violation of this chapter occurs is hereby declared to be a public nuisance.
(Ord. 385 § 2, 2015)
