(a) Any interested party or public entity may challenge the continuation of an approved permit during the term of the permit when information exists that:
(1) There is a violation of the conditions of the permit, or
(2) The permit was not issued in accordance with the procedure requirements of this chapter, or
(3) Extraction of groundwater pursuant to the permit:
(i) Causes or increases an overdraft in the basin, or
(ii) Brings about or increases salt water intrusion, or
(iii) Adversely affects the long-term ability for storage or transmission of groundwaters, or
(iv) Exceeds the safe yield of the groundwaters, or
(v) Operates to the injury of the reasonable and beneficial uses of overlying groundwater users, or
(vi) Is in violation of Water Code Section 1220, or
(vii) Results in an injury to a water replenishment, storage, or restoration project operating in accordance with statutory authorization.
(b) A challenge pursuant to this section is commenced by filing a written request with the Director which alleges any of the above situations and in general describes the supporting facts for such allegation. In such event, the Director shall within ten (10) days of receipt of such challenge, give notice of the challenge to the Commission, the Permittee, Appellant, to any interested party who filed a written request for such notice within the past twelve (12) months, and also the Districts and Cities, within the County, which have boundaries overlying or immediately adjacent to the location of the permitted extraction. Commission and Board reviews shall be held on the matter following the procedures set out in Sections 10-7.304 and 10-7.305. The recommendations and decision may be to deny the challenge, grant the challenge and terminate the permit, or to establish modified conditions to the permit.
(c) The standard for review shall be substantial evidence. The burden of proof is upon the person or entity filing the challenge. (§ 1, Ord. 1195, eff. December 26, 1996)