Sec. 25B-12. - Exemption from general area-wide well limitations and standards.

(a)

If the administrative authority finds that compliance with any of the requirements prescribed herein or in any urgency ordinances adopted by the board of supervisors is not required to preserve public health and safety, or appears impractical due to unique or unusual conditions, or if compliance would result in construction of an unsatisfactory well, the administrative authority may waive compliance and prescribe alternative requirements which are "equal to" those standards in terms of the protection of the public's health and safety and prevention of groundwater or aquifer degradation.

(b)

In the event the administrative authority's alternative requirements are greater than those regarded to be necessary by the well owner or his representative, the director of permit and resource management department shall, upon petition, review the data submitted by the well owner or his representatives to ascertain whether there is substantial evidence to reduce or otherwise modify the proposed alternative requirements. The findings of the director of permit and resource management department are subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

(c)

This exemption procedure shall not apply when the board of supervisors hereinafter expressly prohibits the application of the administrative waiver process outlined in this article to a particular environmental hazard area or zone.

(Ord. No. 4906 § 7 (D), 1995; Ord. No. 4316 § 1, 1991.)