HomeMy WebLinkAboutMC-298
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ORDINANCE NO. Me-29B
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 13.20
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GEOTHERMAL
3 RESOURCES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 13.20 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 13.20
9 GEOTHERMAL RESOURCES
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ARTICLE I. GENERAL ADMINISTRATIVE PROVISIONS
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13.20.010 Purpose.
12 The purpose of this chapter is to provide comprehensive
13 management of the geothermal resources and thermal ground waters
14 within and adjacent to the City of San Bernardino. In furtherance
15 of this overall purpose, this chapter is specifically intended to
16 serve the following subpurposes:
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A. Conservation and beneficial management of geothermal
18 resources and thermal ground waters in a comprehensive and
19 coordinated manner, so as to assure their continued availability
20 and productivity;
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B. Continued technical assistance for individual private
22 geothermal resource and thermal ground water uses, including
23 residential, commercial, and industrial activities;
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C. Maximization of the public welfare and economic benefit
25 to be derived from geothermal resources and thermal ground waters,
26 by extending their availability throughout the City and elsewhere
27 as much as practical with City and private heating services;
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D. Minimization of the potential for damage or degradation
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1 to geothermal resources and thermal ground waters;
2 E. Protection of the surface and subsurface environment
3 during development and utilization of geothermal resources and
4 thermal ground waters;
5 F. Advancement of the scientific study of geothermal
6 resources and thermal ground waters, through the collection and
7 dissemination of resource data and the demonstration of geothermal
8 technologies;
9 G. Implementation of the City's General Plan and its goals
10 and policies for geothermal development and utilization;
11 H. Implementation of the authority and provisions of Section
12 40, Subsection (u) of the Charter of the City of San Bernardino,
13 and any amendments thereto; and coordinated with the provisions of
14 Division 3 and Division 6 of the Public Resources Code, and any
15 amendments thereto.
16 13.20.020 Scope.
17 This chapter includes general provisions for administration
18 of this chapter; the establishment of, and operating measures for,
19 a City-owned and operated geothermal district heating service in
20 the City and elsewhere; the establishment of geothermal and
21 thermal ground water reservoir management procedures; and
22 authorization for certain private geothermal heating services
23 which will operate independently of the City's heating service.
24 13.20.030 Definitions.
25 For the purpose of carrying out the intent of this chapter,
26 the words, phrases and terms set forth in this chapter shall be
27 deemed to have the meaning ascribed to them in Sections 13.20.035
28 through 13.20.230.
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1 13.20.035 Altering.
2 'Altering' means the deepening, recasing, perforating,
3 reperforating, installation of packers or seals and other material
4 changes in the design of a well.
5 13.20.040 Applicant.
6 'Applicant' means the person making application for a
7 geothermal heating connection or geothermal heating service from
8 the City under the provisions of this chapter.
9 13.20.045 Artesian flow.
10 'Artesian flow' means that water discharging to the natural
11 ground surface if the flow is unrestricted.
12 13.20.050 Artesian well.
13 'Artesian well' means a well taking water from an aquifer
14 holding water under pressure greater than atmospheric pressure,
15 which causes the water to seek a static level above the well's
16 juncture with the aquifer.
17 13.20.055 Board.
18 'Board' means the Board of Water Commissioners of the City of
19 San Bernardino.
20 13.20.060 BTU.
21 'BTU' means British thermal unit.
22 13.20.065 By-product.
23 'By-product' means any mineral or minerals, exclusive of oil,
24 hydrocarbon gas, helium or other hydrocarbon substances, which are
25 found in solution or in association with geothermal resources, and
26 which have a value of less than seventy-five percent of the value
27 of geothermal resources or are not, because of quantity, quality
28 or technical difficulties in extraction and production, of
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/Sufficient value
themselves.
to warrant extraction and production by
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13.20.070
City.
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'City' means the City of San Bernardino.
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13.20.075 Constructing.
6 'Constructing' means the boring, digging, drilling, or
7 excavating of a well, including the installation of casing or well
8 screens.
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13.20.080 Council.
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'Council' means the Mayor and Common Council of the City of
11 San Bernardino, sometimes called "Common Council".
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13.20.085 Department.
13 'Department' means the Water Department of the City of San
14 Bernard ino.
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13.20.090 Drilling a well.
16 'Drilling a well' means the drilling, redrilling, or
17 deepening of a well.
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13.20.095 Drilling Site.
19 'Drilling site' means any site where drilling operations will
20 be, are being, or have been undertaken to construct or alter a
21 well.
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13.20.100 Franchise.
23 'Franchise' means an agreement granting a land developer
24 authorization to construct, operate, and maintain a private
25 heating service.
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13.20.105 General Manager.
27 'General Manager' means manager of the Water Department of
28 the City, or the manager's authorized representative, sometimes
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1 referred to herein as "Manager".
2 13.20.110 Geothermal Data Center.
3 'Geothermal Data Center' means the City office which acts as
4 a geothermal information clearing house and data repository and is
5 maintained in the Water Department.
6 13.20.115 Geothermal facility.
7 'Geothermal facility' means any space or process, heating or
8 cooling, apparatus or system used to pump, convey, or transport
9 geothermal resources or thermal ground water, including but not
10 limited to, ground water heat pumps, fluid heat exchangers, well
11 and circulating pumps, pipelines, valves, fittings, or controls.
12 13.20.120 Geothermal fluid.
13 'Geothermal fluid' means any fluid transporting or capable of
14 transporting geothermal heat.
15 13.20.125 Geothermal heat.
16 'Geothermal heat' means heat der i ved from geothermal
17 resources.
18 13.20.130 Geothermal resources.
19 'Geothermal resources' means the natural heat of the earth
20 and the energy, in whatever form, below the surface of the earth
21 present in, resulting from, or created by, or which may be
22 extracted from, the natural heat, and all minerals in solution or
23 other products obtained from naturally heated fluids, brines,
24 associated gases, and steam, in whatever form, found below the
25 surface of the earth, exclusive of oil, hydrocarbon gas, helium or
26 other hydrocarbon substances, but including specifically:
27 A. All products of geothermal processes, embracing
28 indigenous steam, hot water, and hot brines:
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B. Steam and gases, hot water, and hot brines resulting from
water, gas or other fluids artificially introduced into geothermal
formations;
C. Heat or other associated energy found in geothermal
formations; and
D. Any by-product derived from them.
13.20.135 Ground water.
'Ground water' means any water, except capillary moisture,
beneath the land surface or beneath the bed of any stream, lake,
reservoir, or other body of surface water, whatever may be the
geological formation or structure in which such water stands,
flows, percolates, or otherwise moves.
13.20.140 Heat rate.
'Heat rate' means the user fee schedule charged by the City
for geothermal heat according to a rate schedule adopted by a
resolution of the Board.
13.20.145 Heating service.
'Heating service' means the provision of geothermal heat by
the City to a user pursuant to the City Charter, and any amendment
thereto, and the provisions of Article II of this chapter.
13.20.150 Inhabitant.
'Inhabitant' means businesses and persons within the City.
13.20.155 Injection well.
'Injection well' means any well or converted well constructed
to dispose of geothermal fluids or ground water into an
underground reservoir.
13.20.160 Owner.
'Owner' means the holder of the record title to real property
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1 or the vendee under a recorded land sale contract or any lessee
2 having a long-term leasehold interest in the property.
3 13.20.165 Person.
4 'Person' means an individual person, firm, partnership,
5 association, social or fraternal organization, corporation,
6 nonprofit corporation, trust, estate, receiver, syndicate, branch
7 of government, or similar entities, any group or combination
8 acting as a unit, or the successors or assigns of any of the
9 aforesaid.
10 13.20.170 Pollution.
11 'pollution' means the contamination or other alteration of
12 the physical, chemical, or biological properties of any surface or
13 ground waters which will or can reasonably be expected to render
14 such waters harmful, detrimental, or injurious to domestic,
15 commercial, industrial, agricultural, recreational or other
16 legitimate beneficial use.
17 13.20.175 Prospect well.
18 'Prospect well' means any well constructed or altered as a
19 geophysical test well, seismic shot hole, mineral exploration
20 drilling, core drilling or temperature gradient test well, less
21 than two thousand feet in depth, and constructed or altered
22 specifically in prospecting for geothermal resources.
23 13.20.180 Secondary use.
24 'Secondary use' means any use which receives the City heating
25 service from fluids discharged by a foregoing use, prior to the
26 return of such fluids to a City heating service pipeline.
27 13.20.185 Service.
28 'Service' -- see 'heating service'.
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1 13.20.190 Service connection.
2 'Service connection' means that part of the City heating
3 service distribution system which connects the City's meter and
4 pipeline to the user's pipeline.
5 13.20.195 Therm.
6 'Therm' means a unit of measure consisting of 100,000 BTU's.
7 This unit is used to measure delivered geothermal heat for billing
8 purposes.
9 13.20.200 Thermal ground water.
10 'Thermal ground water' means ground water which is less than
11 two hundred fifty degrees Fahrenheit at bottom-hole temperature,
12 and possessing sufficient heat to be used for a direct thermal
13 application or in conjunction with a ground water heat pump for
14 which the heat is put to beneficial use.
15 13.20.205 Underground reservoir.
16 'Underground reservoir' means an aquifer or combination of
17 aquifers or zones containing a common geothermal and/or ground
18 water resource.
19 13.20.210 User.
20 'User' means a person who receives or is capable of receiving
21 geothermal heat from the City.
22 13.20.215 User service pipeline.
23 'User service pipeline' means the private pipeline that
24 connects the user's private heating system to the City's meter and
25 distribution pipeline.
26 13.20.220 Water well contractor and drilling machine
27 operator.
28 'Water well contractor and drilling machine operator' is as
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defined by ordinance or State law, and any amendment thereto.
13.20.225 Well.
'Well' means any artificial opening or artificially altered
natural opening, however made, by which geothermal fluids or
ground water is sought or through which geothermal fluids or
ground water flows under natural pressure or is artificially
withdrawn, or is used to operate a heat exchanger within the well,
provided that this definition shall not include a natural spring.
13.20.230 Well drilling machine.
'Well drilling machine' means any power-driven percussion,
rotary, boring, digging or augering machine used in the
construction or alteration of wells.
13.20.240 Rates, fees and charges.
The rates, service charges, connection fees and such other
charges as provided for by this chapter shall be established by
resolution of the Board and may be amended by resolution of the
Board at any time. Rates charged may be fixed and classified
according to the type of use or the amount of geothermal heat used
or any combination thereof. Such rates, fees and charges shall
not be changed without a public hearing first being held before
the Board. Such hearing shall be advertised by published notice
in a local newspaper of general circulation not less than ten days
prior to the date of such hearing, and in the geothermal heating
bills sent to users during the period of thirty days prior to the
date of the hearing. Such notices shall set forth the time and
place of the hearing and a summary of said amendment.
13.20.250 Service map - Adoption of standards.
A. San Bernardino geothermal heating service map. The
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1 locations of heating service facilities are hereby established on
2 the map entitled 'San Bernardino Geothermal Heating Service Map'
3 as presently on file in the Geothermal Data Center, which map is
4 incorporated herein by reference. The map shall hereinafter be
5 referred to as the 'Heating Service map', and shall be maintained
6 on file in the Geothermal Data Center. Any revisions or
7 replacement of this map shall be approved by ordinance and shall
8 be likewise filed and incorporated into this chapter by reference.
9 B. Water Department geothermal heating user service pipeline
10 connection standards. Pipeline connection standards shall be
11 established by the General Manager.
12 C. Water Department standards for maintenance related
13 surface discharge. The General Manager may establish standards
14 for maintenance related surface discharges.
15 13.20.260 Conformity with General Plan and other ordinances
16 and statutes.
17 All actions pursuant to this chapter and all uses of land in
18 conjunction herewith shall conform to Title 19 of this code, the
19 city's General Plan, all other applicable code provisions and
20 ordinances, and applicable state statutes.
21 13.20.270 Appeal of administrative decisions.
22 Any decision rendered by administrative officials of the
23 Department pursuant to this chapter may be appealed to the Board.
24 Such appeal shall be in writing, shall identify the administrative
25 decision appealed from, the specific grounds for appeal, and shall
26 be filed with the General Manager not more than fourteen days
27 following the date of the notice to the affected party of the
28 administrative decision. The Board shall consider the appeal at
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1 its next regular meeting following the filing of the appeal, and
2 upon considering all pertinent testimony and evidence, may
3 sustain, modify, or reverse the decision appealed from. The Board
4 shall provide a written report of its decision to the affected
5 party by certified mail within five days of the Board's action.
6 ARTICLE II. CITY HEATING SERVICE
7 13.20.280 Administrative organization and principal
8 functions.
9 A. Officials. The Board shall act as the governing body of
10 the heating service, and the General Manager shall act as the
11 chief administrative officer of the service.
12 B. Assignment of organizational responsibilities. The
13 General Manager may delegate or assign responsibilities for
14 heating service functions and activities to such divisions and
15 personnel as the General Manager may deem appropriate or
16 necessary.
17 C. principal functions and activities. The principal
18 functions and activities of the heating service shall include but
19 not be limited to:
20 1. The exploration for and confirmation of geothermal
21 resources and/or ground waters;
22 2. The monitoring of geothermal and/or ground water
23 reservoirs and the management of reservoir activities, so as to
24 promote stable reservoir conditions and enhance reservoir
25 productivity;
26 3. The supplying, furnishing, and selling of geothermal
27 heat to City inhabitants;
28 4. The supplying, furnishing, and selling of any surplus
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1 eothermal heat over and above the heating needs of the City to
2 persons outside the City, and for purposes deemed appropriate by
3 the Board;
4 5. The establishment and maintenance of a Geothermal
5 Data Center, where local geothermal information and all geothermal
6 records authorized or required by this chapter shall be kept and
7 made available for public inspection and reproduction; a registry
8 of local wells and geothermal facilities shall be established and
9 maintained at the Geothermal Data Center.
10 6. The sponsoring of and participation in the scientific
11 study and demonstration of geothermal resources and technologies;
12 7. Geothermal disposal drainage work as authorized by
13 City; and
14 8. All other acts and things which may be requisite,
15 necessary, or convenient in carrying out the purpose of this
16 chapter and State law.
17 13.20.290 Boundary.
18 A. Establishment. The heating service boundary shall
19 encompass all land within the corporate limits of the City, as now
20 or hereafter constituted, excluding all railroad rights-of-way
21 pursuant to state law, unless the owner of the railroad propertv
22 expresslv consents to its inclusion.
23 B. Extension of service outside City boundary. Service
24 shall normally be available only to users located within the City
25 boundary. However, the Board may, by contract, extend service
26 outside the boundary in cases where such extension is deemed in
27 the best interests of the City, but only after determininq that
28 such service capability is based upon a surplus of geothermal heat
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1 lexisting over and above any and all demands of the users within
2 the City boundary. Contracts for service outside the City
3 boundary shall condition continued service upon the continuance of
4 the surplus over City needs.
5 13.20.300 Finances.
6 A. Operational financing. Heating service operations and
7 maintenance, within or without the City boundary, may be financed
8 by one or more, or any combination, of the following methods:
9 1. Such rates, fees, and charges as may be required by
10 this chapter.
11 2. Annual ad valorem taxation in an amount which shall
12 not exceed the true cash value of all taxable property within the
13 City;
14 3. General obligation bonds, upon authorization of the
15 City's voters, in an amount which shall not exceed in the
16 aggregate ten percent of the true cash value of all taxable
17 property within the City; such general obligation bonds may be
18 additionallv secured. bv resolution of the Board. bv pledqinq all
19 or anv part of the net revenue of the City's heatinq service;
20 4. Refunding bonds, of the same character and tenor as
21 those general obligation bonds replaced thereby, by resolution of
22 the Board;
23 5. Revenue bonds pledging the gross revenues of the
24 City's heatinq service. if approved by the Council;
25 6. Federal and state grants-in-aid, and private
26 endowments; and
27 7. All other legal means.
28 B. Improvement financing. Heating service improvements,
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1 within or without the City boundary, and including but not limited
2 to the purchase, lease, or acquisition of real estate or
3 equipment, and the plannina. desian. construction. rHconRtruction.
4 extension, enlargement, purchase, lease, or acquisition of
5 geothermal facilities, may be financed by one or more, or any
6 combination, of the following methods:
7 1. Such rates, fees, and charges as may be required by
8 this chapter;
9 2. Annual ad valorem taxation, as specified in
10 Subsection A paraaraph 2 hereof,
11 3. General obliqation bonds, as specified in Subsection
12 A paragraph 3 hereof;
13 4. Revenue bonds secured by all or any part of the
14 heating service's gross revenues subject to approval of the
15 Council; such revenue bonds shall not be subject to the percentage
16 limitations applicable to qeneral obliaation bondR. but Rhall hH
17 navahlp Rnlplv from such part of the revenues of the heating
18 service;
19 5. Refunding bonds, of the same character and tenor as
20 those revenue bonds replaced thereby, by resolution of the
21 Council;
22 6. Special assessments, pursuant to laws of the State of
23 California, and City procedures for local improvement diRtrictR'
24 7. Ppdpral and Rtatp arants-in-aid, and private
25 endowments; and
26 8. All other legal means.
27 C. Special bond retirement financing. The City may, by
28 Council resolution, annually tax all taxable property within the
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1 City, in an amount sufficient to pay the annual interest on
2 general obligation bonds theretofore issued bv the Citv and then
3 outstandina. toaether with any portion of the principal of such
4 bonds maturing within the year.
5 D. Refund of certain heating pipeline extension costs. If
6 any person is required by the Board to advance to the Board the
7 cost of extending a geothermal heating pipeline adjacent to
8 property other than their own so that aeothermal heatina service
9 is orovided for such other property without further extension of
10 the geothermal heating pipeline, the Board shall require the owner
11 of the other property, prior to providing geothermal heating
12 service to that property, to pay to the Department a pro rata
13 portion of the cost of the extension. from which the Board mav
14 refund all or a Dortion of such funds so advanced. The right to
15 require shall not continue for more than ten years after the date
16 of installation of the extension of the geothermal heating
17 pipeline. The amount to be refunded shall be determined by Board
18 resolution.
19 13.20.310 Authorized facilities and other hpa~ sOllrr.ps.
20 A. Authorized facilities. In performance of the functions
21 and activities specified in Section 13.20.280 Subsection C, the
22 Board may plan, design, construct, acquire, lease, operate,
23 maintain, and improve a system of geothermal facilities, which may
24 include, but need not be limited to, wells; heat exchangers; pumps
25 for fluid extraction, circulation, and injection; pipelines for
26 conveying fluids; disposal facilities; tanks for storing fluids;
27 fluid or heat metering devices; and various testing instruments
28 and system control devices.
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1 B. Other heat sources. The Board may authorize, by
2 contract, the Department's purchase and distribution of heat
3 generated by sources other than the City's wells, in order to
4 supplement the City's geothermal heat.
5 13.20.320 Improvement procedures.
6 A. Authority to initiate improvement projects. Improvement
7 projects for the heating service shall be initiated by the Board,
8 upon its own motion or upon the written petition of the owners of
9 one-half of the property that benefits specifically by the
10 proposed improvement. A study will be initiated by the Board to
11 assess economic feasibility.
12 B. Compliance with state siting requirements. All
13 contemplated improvements shall comply with applicable statutes
14 and regulations of the State of California.
15 C. Procedures for special assessments. Whenever any heating
16 service improvement is to be paid for in whole or in part by
17 special assessments according to benefits, the Board shall
18 administer such assessment procedure in accordance with state law
19 and this code, and such other Board procedures applicable to local
20 improvement districts. Such assessments as are approved by the
21 Board shall be subject to confirmation by the Council.
22 D. Means of improvements. The construction work for
23 improvements will be done in whole, or in part, by the Board, by a
24 contract, or by any other governmental agency, or by any
25 combination thereof, as authorized by the Board.
26 E. Acquisition of private wells and geothermal facilities.
27 As provided for in Section 13.20.300 Subsection B., the Board may
28 purchase, lease, or receive as 2 gift, any privately-owned wells
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1 and/or geothermal facilities, within or without the City boundary,
2 for purposes of improving the heating services principal functions
3 and activities.
4 13.20.330 Service connection procedures.
5 A. Application procedure. Any person desiring to connect a
6 user pipeline to the City's heating distribution pipeline, or to
7 connect a secondary use to a user's discharge pipeline, may apply
8 for such service connection with the Department on forms provided
9 for that purpose. The Department shall approve or deny said
10 application in writing within fourteen days of its filing.
11 B. Service connection fees. Upon approval of a service
12 connection application, the applicant shall remit a connection
13 fee to the Department in an amount to be established by resolution
14 of the Board.
15 C. Failure to remit the fee in full, or otherwise comply
16 with fee requirements, within fourteen days of the date of
17 application approval shall render said approval void. The
18 applicant shall be given written notice of such voiding by
19 certified mail.
20 D. Service connection standards and inspections. All user
21 service pipeline connections to the heating service system,
22 including secondary use connections, shall be completed under
23 procedures promulgated by the Department. All completed and
24 approved user service pipeline connections shall remain
25 inoperable, by Department deactivation of the City heat meter,
26 until such time as a service account is activated by the
27 Department. All completed and approved service connections shall
28 be used only for the purpose expressly cited in the connection
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1 permit; service users shall not, in any manner, otherwise connect
2 or divert the heat or fluid provided by the service connection.
3 The City shall not be liable for the materials, workmanship,
4 operation, or maintenance, relating to the user service pipeline
5 or to private heating or cooling equipment installed beyond the
6 City's service connection.
7 13.20.340 User service procedures.
8 The Board shall establish application procedures, required
9 service deposits, billing procedures, service charges, and
10 procedures for delinquent accounts.
11 13.20.350 Terms and conditions of heating service.
12 All heating services provided by the City shall be subject to
13 the following terms and conditions:
14 A. Service accounts with all users outside the City boundary
15 shall be subject to immediate cancellation of service whenever
16 there exists no surplus supply of heat over and above any and all
17 demands of users within the City boundary;
18 B. The Board reserves the right to cease operation of the
19 heating system, or any part thereof, and cancel such services as
20 may be provided by the system, for reasons of emergency
21 maintenance or repairs as authorized by the General Manager. The
22 General Manager shall diligently endeavor to provide user and
23 public notice prior to such emergency actions at the earliest
24 time and most comprehensive extent;
25 C. The City may, by Board resolution, establish regular
26 seasonal periods of heating service operation and non-operation;
27 D. The City shall assume no liability whatsoever, direct or
28 implied, for any user damages or injuries incurred as a result of
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1 heating service interruption or cancellation, when such
2 interruption or cancellation is due to circumstances beyond the
3 control of the City, or due to operational actions authorized by
4 this chapter;
5 E. The City shall not warrant or guarantee the temperature
6 or chemical quality of the fluid delivered to users, but shall
7 advise of the temperature or chemical quality of the fluid
8 delivered to the users as they occur. The City shall not assume
9 any liability whatsoever, direct or implied, for corrosion,
10 scaling, or similar physical degradation of user pipelines or
11 private heating or cooling equipment utilized beyond each service
12 connection.
13 F. Force majeure. Natural catastrophe, or other causes
14 beyond the reasonable control of the parties, which prevent Board
15 from providing, or user from accepting, any of Board's services
16 covered by this chapter, shall operate to suspend the obligations
17 of user and Board during the period required to remove such cause,
18 provided it is immediately reported in writing within forty-eight
19 hours of specific cause.
20 ARTICLE III. GEOTHERMAL AND GROUND WATER RESERVOIR MANAGEMENT
21 13.20.360 Reservoir management policy.
22 In furtherance of the purposes of this chapter, it shall be
23 the policy of the City, in exercise of its powers to provide for
24 the public health, safety and welfare, that all wells existing on
25 the effective date of this chapter, and those constructed or
26 altered thereafter, be used in such a manner as to:
27 A. Conserve and protect the geothermal fluids and ground
28 water within and adjacent to the City, in order to enhance
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1 reservoir productivity and benefit; prevent wasteful extraction
2 and disposal of geothermal fluids and thermal ground water;
3 prevent geothermal fluid and thermal ground water temperature
4 degradation; maintain stable static levels of geothermal fluids
5 and thermal ground waters; prevent thermal pollution of surface
6 environs and waters; and prevent harmful intermixing of geothermal
7 fluids or thermal ground water with nonthermal ground waters;
8 B. Allow continued individual inhabitant utilization of
9 geothermal fluids and thermal ground water for residential,
10 commercial, industrial, and other legitimate beneficial purposes;
11 C. Increase and disseminate the scientific knowledge of
12 geothermal and ground water resources; and
13 D. Protect the public health, safety, and welfare from
14 improperly constructed, operated, maintained, or abandoned wells.
15 13.20.370 Existing wells.
16 A. All wells existing or under construction within the City
17 on the effective date of this chapter shall be known as existing
18 wells, and shall be subject to the requirements of this article.
19 B. Registration of existing wells. Owners of existing
20 wells, within and without the City, may register their wells with
21 the Geothermal Data Center as soon as this chapter becomes
22 effective. Such registration shall be voluntary and without cost
23 to the owner, and shall be for purposes of providing information
24 to the Geothermal Data Center in accordance with Section 13.20.280
25 Subsection C paragraph 5. Said registration shall be on forms
26 supplied by the Geothermal Data Center for that purpose, and may
27 include but not be limited to the name and address of the owner,
28 specific location of the well, date of construction, depth and
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1 diameter of the well, specifications of casing, bottom hole
2 temperature, static fluid or water level, type of geothermal
3 utilization system, accessibility for monitoring devices, and
4 disposal method, if any. The General Manager shall direct
5 reasonable public notice to the City's inhabitants at large,
6 explaining the registration program and encouraging participation.
7 C. Existing surface discharge elimination. In order to
8 eliminate the wasteful and harmful effects of thermal fluid or
9 water surface discharges, any well or geothermal facility
10 disCharging geothermal fluids or thermal ground water onto the
11 surface of the ground or into any public ditch or drainage
12 facility, on the effective date of this chapter, shall be brought
13 into conformity with all applicable environmental requirements
14 within one year of such effective date. The General Manager shall
15 cause such discharging wells or facilities to be identified by the
16 Geothermal Data Center, and shall cause to be offered technical
17 assistance to affected owners during the conversion or abandonment
18 of such discharging wells or facilities.
19 13.20.380 New wells.
20 A. All wells constructed or altered within the City
21 subsequent to the effective date of this chapter shall be known as
22 new wells, and shall be subject to the requirements of this
23 article.
24 B. Application for well permit. In addition to all
25 applicable state and federal requirements, any person, except the
26 Board, desiring to construct, install, or alter a well within the
27 City shall first apply for a well permit at the Geothermal Data
28 Center, on forms provided for that purpose by the Geothermal Data
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Well contractors or drilling operators shall not commence
2 construction or alteration of a well prior to the owner of a
3 proposed well receiving a well permit.
C. Application fee. All applications for a well permit
5 shall be accompanied by an application fee established by Board
6 resolution.
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D. Application review. The General Manager shall review
8 each application to determine any potential impacts upon the City
9 heating service; any potential for adverse effects to the
10 surrounding reservoir and other wells; conformity with City plans
11 and ordinances; and to assure registration with the Geothermal
12 Data Center.
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E. Permit decision. No later than twenty-one days from the
14 date of filing a well permit application, using the criteria
15 contained in Subsection F hereof, the General Manager shall notify
16 the applicant, by certified mail, of his or her decision, setting
17 forth any conditions imposed, and, if denied, the basis thereof.
18 Any well permit issued pursuant to this chapter is in addition to
19 any permits required by state and federal regulations.
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21 Subsection E hereof shall contain written findings for approval or
F. Permit decision criteria. Permit decisions pursuant to
22 denial which may include, but are not limited to, the following
23 criteria:
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1. The estimated hydrological impacts of the proposed
25 well's operation upon the reservoir and surrounding wells;
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2. The adequancy of provisions for environmental
27 protection and public safety;
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3. The compliance of the proposed well and its use with
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1 this chapter, the City General Plan, and all other applicable City
2 laws, ordinances, regulations; and
3 4. Such other reservoir management criteria as may be
4 deemed directly relevant to the proposed well or its operation.
5 G. Appeal of permit decision. Applicants or other affected
6 persons may appeal the permit decision to the Board in accordance
7 with Section 13.20.270.
8 H. Authority to attach conditions to permits. When the
9 General Manager determines that certain construction or
10 operational conditions are necessary to assure the conservation
11 and protection of thermal ground water and/or geothermal
12 resources, or to assure the conservative and efficient utilization
13 of said water and/or resources, the General Manager may stipulate
14 conditions within a well permit issued according to Subsection E
15 hereof; such conditions may include, but are not limited to:
16 1. Restrictions on hours of well construction, with
17 appropriate requirements for noise muffling and waste disposal
18 necessary to assure compatibility with surrounding land uses;
19 2. Well casing requirements above and beyond state
20 requirements, necessary for ground water and geothermal fluid
21 protection;
22 3. Restrictions on pumping, heat exchanging, storage,
23 and injection operations necessary for the conservation or
24 protection of ground waters and geothermal fluids;
25 4. Requirements for scientific sampling, testing, or
26 monitoring, necessary to conserve or protect ground water or
27 geothermal fluids, or to determine the permitted well's impacts on
28 such water or fluids.
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1 I. Completion inspection. Upon completion of any well
2 construction or alteration, but prior to any testing or
3 commencement of regular use, the owner shall promptly notify the
4 Geothermal Data Center to request a well completion inspection.
5 Promptly after receiving such request the Board shall cause an
6 inspection and written report thereof to be made for purposes of
7 assuring compliance with this chapter and registration with the
8 Geothermal Data Center. Notice of well pump testing shall be
9 given in accordance with Section 13.20.400 Subsection C.
10 J. New surface discharges. Any well or geothermal
11 facilities constructed or altered after the effective date of this
12 chapter shall be operated or altered in such a manner as to
13 conform with applicable environmental rules and regulations.
14 Surface discharges for maintenance purposes shall be conducted in
15 accordance with applicable environmental rules and regulations.
16 13.20.390 Injection wells.
17 Filing of application copy. All wells constructed, operated,
18 or maintained for purposes of injecting geothermal fluids or
19 ground water into the ground shall comply with applicable state
20 statutes and rules relating to injection.
21 13.20.400 Resource data collection.
22 A. Annual well survey. The Geothermal Data Center, in
23 accordance with Section 13.20.280 Subsection C shall annually mail
24 to all registered well owners within and without the City a
25 questionnaire to update original registration information and to
26 document, to the extent possible, well operation characteristics
27 of the preceding year. Scheduling of the survey shall be
28 determined by the General Manager and response to it shall be
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1 voluntary. The City may issue such surveys on a more frequent and
2 geographically selective basis when investigating specialized
3 geothermal or ground water matters.
4 B. Well-drilling data. A copy of all well logs prepared in
5 accordance with state or City law shall be furnished to the
6 Geothermal Data Center within thirty days after the completion of
7 the well construction or alteration by the well contractor or
8 drilling operator.
9 C. Well maintenance or pumping notice. No less than twenty-
10 four hours prior to performing any well maintenance or maintenance
11 related well pumping within the City, the person performing said
12 work shall notify, telephonically or by written or personal
13 message, the Geothermal Data Center. Such notification shall
14 include, but need not be limited to, the nature of maintenance or
15 pumping to be performed, well location, name of owner, and the
16 approximate duration of the work. Notice of maintenance necessary
17 for emergency reasons for which advance notice was impossible may
18 be given to the Geothermal Data Center as soon as such emergency
19 conditions will reasonably permit.
20 13.20.410 City inspection and monitoring of wells and
21 geothermal facilities.
22 A. In connection with the principal functions and activities
23 of the City heating service, Board officials may enter upon any
24 property within the City for purposes of inspecting wells and
25 geothermal facilities, or monitoring the operational
26 characteristics of such wells and facilities, when such inspection
27 and monitoring is reasonably necessary to the assesment of ground
28 water or geothermal fluid temperatures, chemistry, static levels,
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uantities, and movements; the assessment of land subsidence or
erosion; or the assessment of other indices related to geothermal
or ground water reservoir management, or protection of the public
safety and welfare.
B. The Board shall provide affected property owners with
reasonable prior notice of any intended inspection or monitoring,
describing the nature, purpose, and duration of the necessary
inspection or monitoring; such inspections or monitoring shall be
conducted in accordance with applicable City and state procedures
for inspection warrants, if the land owner or other person in
possession objects to any such inspection or monitoring.
13.20.420 Wasteful or defective wells - Repair - Violation.
Whenever the General Manager determines that any well within
the City is, by the nature of its construction, installation, or
operation, causing wasteful use of thermal ground water or
geothermal fluids, or is adversely interfering with other wells,
or is polluting ground water or surface water, the General Manager
shall promptly notify the affected owner, by certified mail, of
the wasteful or defective well, and require said owner to repair
or adjust the well within sixty days. Any person who fails to
repair a well, or continues a wasteful or defective operation,
after expiration of the sixty days shall be guilty of an
infraction, punishable as provided in Article V hereof.
ARTICLE IV. PRIVATE HEATING SERVICES
13.20.430 Establishment, services, and conditions.
A. Authorization for establishment. The Board may, by
resolution, authorize the establishment and operation of private
geothermal heating services within the City boundary upon
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1 application therefor by any person. Such application shall be in
2 a manner and form prescribed by and filed with the General
3 Manager.
4 B. Authorized services. Private heating services may
5 provide geothermal heating, when specifically authorized by the
6 Board, for the following uses:
7 1. Less than six structures, excepting structures
8 containing accessory uses, as such uses are defined in Title 19 of
9 this code.
10 2. Six or more structures in new land developments whose
11 developers have also been granted a franchise by the Board for the
12 construction, operation, and maintenance of a private heating
13 service. Such franchise shall be individually negotiated between
14 the Board and the developer; however, any such franchise shall
15 contain the following minimum provisions: the franchise shall be
16 for no longer than twenty years; the franchise shall require that
17 such land developer compensate the Board annually with a franchise
18 fee in an amount to be negotiated; and that such franchised
19 geothermal heating systems shall be subject to Board acquisition
20 at depreciated fair market value upon the expiration of the
21 franchise.
22 C. Conditions of authorization. All private heating
23 services authorized by the Board shall be subject to the following
24 conditions:
25 1. All private heating service plans, improvements,
26 construction, facilities, operations, maintenance, and scientific
27 research shall comply with Title 19 of this code, this chapter and
28 all other applicable city ordinances;
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2. All private heating service properties and facilities
2 shall be subject to Board inspection in accordance with Section
3 13.20.410; and
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3. All private heating services shall maintain and make
5 available for Board inspection, such operational and maintenance
6 records as may be stipulated by the Board at the time of
7 authorization.
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D. Private heating service facility standards. Private
9 heating service facility standards and improvement plans,
10 including but not limited to, wells, pumps, pipelines, storage
11 tanks, fittings, and control devices, shall be approved in writing
12 by the General Manager, prior to their acquisition, construction,
13 installation, or operation.
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E. State jurisdiction. Board authorization shall not
15 relieve private heating services from requirements which may be
16 imposed upon public utility or private heating services by State
17 statutes or rules.
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ARTICLE V. ENFORCEMENT
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13.20.440 Enforcement.
A. Responsible official. The General Manager, or his
21 authorized representative, shall be responsible for enforcing this
22 chapter.
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B. Violations. Any person violating any provision of this
24 chapter shall be guilty of an infraction, and subject to a fine of
25 not more than five hundred dollars for each day of violation. A
26 violation of this chapter shall be considered a separate offense
27 for each day the violation continues after notice of violation,
28 but such fine shall not exceed a maximum of five thousand dollars.
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In addition to any other remedies provided by
C. Equity.
2 law, the Board or its authorized representative acting for and on
3 behalf of the Council may institute injunction, mandamus,
4 abatement, or any other appropriate proceedings to prevent or
5 temporarily or permanently enjoin or abate the violation of any
6 provisions of this chapter.
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D. User noncompliance. In addition to other enforcement
8 measures provided by this chapter, the Board may discontinue
9 heating service to any user who fails to comply with provisions of
10 this chapter after fourteen day written notice to comply, sent by
11 certified mail to said user. Said notice shall include an
12 explanation of the Board's intent to discontinue service, and
13 shall offer the user an administrative hearing before an
14 authorized Board representative in order to resolve the dispute.
15 If no hearing is requested, or if the hearing fails to resolve the
16 dispute, the Department may proceed to discontinue service as
17 scheduled."
18 I HEREBY CERTIFY that the foregoing ordinance was duly
19 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
regular
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the 15th
, 1983, by the following vote,
day of
August
22 to wit:
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Council Members Castaneda, Reilly, Hernandez,
AYES:
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}1arks, Frazier, Strickler
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NAYS:
none
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ABSENT:
Coune i 1 ,1embE,r Quie 1
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~/lLJ/ddb
/ City Clerk
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The foregoing ordinance is hereby approved
2 of
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, 1983.
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Approved as to form:
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