A. "Adverse Effect," and "Adversely Effect," Any proposed new or reconstructed well, or any water spreading (artificial recharge) activity, forecast to reduce particle capture (as measured using Predictive Particle Tracking) below 95% at any time in the proposed future permit term, shall be presumed to have an adverse effect under this Ordinance. This presumption may be rebutted by Project Re-design or Mitigation Measures to restore particle capture percentages, over a hydrologic cycle representative of long-term hydrology and extending for a term at least as long as a proposed permit term, to at least 95% at all times, with the proposed project operating at the full permitted capacity for the life of the proposed project.
B. "Applicant": The person or entity submitting the application addressed in this chapter. The term "Applicant" shall also include the person or entity granted any permit or permission pursuant to the terms of this chapter, and shall also include all licensees, lessees, agents, contractors, operators, employees, officers, directors, representatives, attorneys, successors, assigns, heirs and other persons or entities exercising the rights of the permit through applicant. The term "Applicant" shall not include a Party to the ICGMP that is exempt from the provisions of this Ordinance as provided in section 13.25.025(G) below
C. "Aquifer": A geologic formation that stores, transmits and yields significant quantities of water to wells and springs.
D. "Barrier well": See "Inhibitor well" below.
E. "Basin": The Bunker Hill Basin
F. "City": The City of San Bernardino.
G. "Code": The San Bernardino Municipal Code.
H. "Contamination" means any impairment in the quality of water of the City by wastes or other degrading elements in amounts or concentrations violating any federal or state drinking water standard or applicable permit limit for the water produced by the Interim Remedy, or otherwise.
I. "Day" means a calendar day.
J. "Department" means the San Bernardino Municipal Water Department.
K. "DOHS": State of California Department of Health Services.
L. "DTSC": State of California Department of Toxic Substance Control.
M. "EPA": The United States Environmental Protection Agency.
N. "Extraction": The process of taking water from the groundwater aquifer by way of wells and other appurtenances.
O. "FS": The Feasibility Studies performed by EPA for the Site and completed in March, 1993 and December 1994.
P. "General Manager" means the San Bernardino Municipal Water Department General Manager or designee.
Q. "Groundwater": All water beneath the surface of the earth within the zone below the water table in which the soil is saturated with water.
R. "Groundwater Model" or "Model" means the mathematical calculations required to be produced pursuant to the Consent Decree and SOW addressing the physical characteristics of the groundwater in the Bunker Hill Basin under various conditions. The Groundwater Model is a three-dimensional numerical model that will account for changes in water levels over time, and will account for spatial variations in underground hydrologic parameters. The Groundwater Model can be used to perform Predictive Particle Tracking by simulating future groundwater levels in three dimensions over time.
S. "Inhibitor Well": The wells designed by EPA for the extraction of water from specific areas of the basin and identified in the RODs.
T. "Management Zone": The geographic area depicted and defined on Exhibit "A" and Exhibit "B", on file in the office of the General Manager of SBMWD. The "Management Zone" is referred to in the Consent Decree as the "Permit Zone".
U. "Mitigation Measures" mean readily enforceable and verifiable steps taken to reduce or eliminate Adverse Effects forecast for a proposed new or reconstructed well or water spreading (artificial recharge) project by Predictive Particle Tracking. Mitigation Measures can include, but are not limited to:
1. locating an additional well or wells in the contaminant plume to counteract migration of contaminants past the inhibitor wells;
2. readily enforceable and verifiable pumping restrictions;
3. physical reductions in the size of well equipment to limit the well capacity.
V. "NPL": National Priorities List.
W. "OU: Operable Unit.
X. "Person": Any state or local government agency, private corporation, firm, partnership, individual, group of individuals, organization, association, or to the extent authorized by law, any federal agency.
Y. "Predictive Particle Tracking" means the use of the Groundwater Model, with the inhibitor wells operating at Design Rate under the SOW, over a representative hydrologic cycle, including representative wet and dry periods for the Bunker Hill Basin, to determine the percentage of particle capture achieved at all times over the life of the proposed project, including any applicable Mitigation Measures or Project Re-Design, with the proposed project operating at full permitted capacity for the entire permit term.
Z. "Project Re-Design" means verifiable and enforceable changes in the physical design, equipment, or location or volume of a proposed water spreading (artificial recharge) or new or reconstructed well project intended to reduce or eliminate Adverse Effects forecast for a project evaluated with Predictive Particle Tracking.
AA. "RI": The Remedial Investigations performed at the Site for the Newmark Operable Unit and the Muscoy Operable Unit.
BB. "Record of Decision" or "ROD": The Record of Decision for the Newmark Operable Unit signed August 4, 1993 and the Record of Decision for the Muscoy Operable Unit signed March 24, 1995 setting forth the provisions of the Interim Remedy to be implemented in addressing the contamination identified in RI/FS.
CC. "Remedy" or "Interim Remedy": The course of action set forth in the RODs, Statement of Work (SOW), and Consent Decree (CD) relating to the operation and maintenance of the remedial action specified in said documents.
DD. "SBMWD": The San Bernardino Municipal Water Department.
EE. "Site": The Newmark Groundwater Contamination site identified in 40 CFR Part 3rd Appendix B, published in the Federal Register on March 3 1, 1989, 54 Fed. Reg. 13296, 13301.
FF "Spreading Basin": Areas, facilities and portions of land set aside for the deposit of water with the intent to allow the water to percolate into the groundwater basin, as depicted on Exhibit "C", attached hereto and incorporated by this reference and on file in the office of the General Manager of SBMWD.
GG. "Statement of Work" (SOW): The document incorporated into the Consent Decree, referenced in Section 13.25.015 H., setting forth the implementation of the remedial action to be performed by SBMWD, EPA and DTSC relating to the Newmark OU and Muscoy OU.
HH. "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. This definition shall not include:
1. Oil or gas wells, or geothermal wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as water wells; or
2. Wells used for the purpose of:
a. Dewatering excavation during construction, or
b. Stabilizing hillsides or earth embankments.