§ 8.95.060. Procedures for processing.

(a)

Within thirty calendar days of filing the export permit application and the deposit of required fees, and determination by the director that the application is complete, the director shall post a notice on the department's website that an application has been filed. The director shall send a copy of the application to all local water agencies which own or include land overlying or immediately adjacent to the location of the proposed export and to any relevant advisory committees to the board, including, without limitation, the water resources advisory committee and the Paso Robles Basin Advisory Committee, with a request for comment on the application. A notice to any interested party who has made written request to the director for such notice within the last twelve calendar months shall also be sent. Such notice shall provide recipients the opportunity to submit written comments on the application. Notice of the application and the opportunity to provide written comments shall also be included on the board's agenda.

(b)

As determined in the judgment of the director, the director shall review the application with potentially affected county departments, with the staff of applicable state and federal agencies, with local water agencies and with any potentially affected party. In reviewing the application, the director shall consider any relevant groundwater management plan, including, without limitation, any groundwater management plan adopted pursuant to California Water Code Section 10750 et seq. or Section 10720 et seq., or any other relevant information provided by the applicant.

(c)

Upon completion of the environmental review and export permit application review process, a public hearing before the director on the export permit application shall be noticed and conducted as follows:

(1)

Notice of Hearing. Notice of public hearing shall be given as provided in Government Code Section 65090 and 65091, except as follows:

a.

Content of Notice. In addition to the information required by Government Code Section 65094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with subsection (c)(2) of this Section 8.95.060.

b.

Method of Notice Distribution. Notice of public hearings shall be given as provided by Government Code Section 65090 and 65091.

c.

Additional Notice Provided. The public notice shall include mailed notice to all owners of property located within a one mile radius of the exterior boundaries of the site from which the export is to occur.

(2)

Public Hearing. A public hearing on an export permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the director no later than seven days after the date of the public notice provided in compliance with subsection (c)(1) of this Section 8.95.060. In the event that a public hearing is required, the export permit application shall be scheduled for a hearing on the date and time as defined in the public notice. Any person may provide written comments relevant to the impact of the exportation of groundwater on the groundwater resources within the county. The hearing shall be conducted under such rules as set by the director.

(3)

Final Decisions on Export Permit Applications. After the conclusion of public testimony in the case of a public hearing, or after the time period within which a hearing may be requested under subsection (c)(2) of this Section 8.95.060 if no hearing is requested, the director shall:

a.

Announce his or her decision on the export permit application;

b.

Announce that his or her decision is final unless appealed pursuant to subsection (d) of this Section 8.95.060.

Notwithstanding the foregoing, the director may continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision.

(d)

The director's decision may be appealed to the board consistent with Section 8.95.100.

(e)

Notice of the director's decision shall be mailed within five calendar days of final action to the person that has applied for the permit, any person who requested a hearing, and all other persons or entities referred to in Section 8.95.060(a).

(Ord. No. 3295, § 1, 4-14-15)