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:
"Consultation zone"
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.
"Groundwater extraction well"
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.
"Injection well"
means a well into which fluids are injected for purposes such as waste disposal and/or the disposal of recycled wastewater.
"Malibu Valley Groundwater Basin"
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.
"Prohibition zone"
means an area within which groundwater extraction wells are prohibited pursuant to Section 9.21.040.
"Winter Canyon Basin"
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)