§ 3-113. Groundwater export and/or substitute pumping permit application processing fees.

(a)

The fee for those services provided in regard to the processing of an application for the groundwater export and/or groundwater substitute pumping permits required pursuant to Butte County Code Chapter 33 shall be that amount which represents the actual time spent by county personnel or consultants in processing the application. The board of supervisors shall review this fee not less than every two (2) years in order to determine its appropriateness and/or sufficiency in regard to facilitating the objective of this article.

(1)

The applicant shall submit with his or her application a deposit of seven thousand dollars ($7,000.00), plus the sum of one hundred dollars ($100.00) multiplied by the number of wells which the applicant proposes to utilize for substitute pumping.

(2)

If multiple applications are submitted concurrently as part of a larger "project," and if such applications share the common elements specified below in subsection (a)(3), the director of water and resource conservation or his or her designee may waive a portion of the deposits, such that only the first applicant for the project shall be required to submit the full deposit of seven thousand dollars ($7,000.00), plus the sum of one hundred dollars ($100.00) multiplied by the number of wells which the applicant proposes to utilize for substitute pumping and each subsequent applicant for the project must submit with his or her application a deposit of one thousand dollars ($1,000.00) plus the sum of one hundred dollars ($100.00) multiplied by the number of wells which the applicant will utilize for substitute pumping.

(3)

The director or his or her designee may waive a portion of an individual applicant's deposit only if the individual application has been submitted concurrently with others as part of a larger "project," and all such applications share the following common elements required by Butte County Code section 33-8: common surface water rights; a common list of all parcels of land where surface water deliveries are to be reduced; a common list of all wells identified in section 33-8(c), (d) and (e); a common map showing the location of all parcels and wells identified in section 33-8(c), (d) and (e); a common groundwater hydrology report which meets the requirements of section 33-8(g); a common description of proposed monitoring and pumping curtailment programs and a common description of a proposed mitigation program which meets the requirements of section 33-8(i).

(4)

When the initial deposited funds are depleted to an amount equal to twenty-five (25) percent of the original deposit, no additional processing of the application will occur until the applicant deposits with Butte County sufficient funds to restore a balance equal to the amount of the initial deposit, unless a lesser amount is approved by the director of water and resource conservation or his or her designee. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied.

(5)

Deposited funds shall be maintained in a separate budget control account.

(6)

When all processing of the application and the proposed project (if approved) has ceased, including all processing of project monitoring and mitigation measures, if necessary, and after final action on the application and proposed project (if approved) by the appropriate adjudicatory body, any funds remaining in the account not required for processing shall be returned to the applicant.

(7)

Applicant will be notified to deposit the estimated publication cost of any required public notices. If the actual costs for county employees' time and publishing are less than the amount deposited, the remaining amount of the money shall be returned. If the costs are greater than the estimate, the applicant shall pay the additional amount. In the event that payment is not received for the additional amounts within thirty (30) days' notice by the clerk of the board, by registered mail, the clerk of the board will immediately notify central collections.

(b)

Reserved.

(Ord. No. 3543, 8-10-99)