Chapter 8.36
WELLS
Sections:
8.36.010 Purpose of provisions.
8.36.040 Permit—Required when.
8.36.070 Permit—Bond or deposit required.
8.36.080 Permit—Issuance conditions.
8.36.090 Permit—Denial when- Exceptions.
8.36.100 Permit—Appeal procedure.
8.36.110 Destruction of abandoned wells.
8.36.120 Completion of work—Notice to county.
8.36.130 Report of completion, abandonment or destruction.
8.36.140 Inspection requirements.
8.36.150 Enforcement—Notice to comply.
8.36.160 Enforcement—Stop order issuance.
8.36.170 Abatement by county authorized when.
8.36.010 Purpose of provisions.
It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of the county will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this county. (Ord. 364 § 1, 1976)
8.36.020 Definitions.
As used in this chapter:
1. a. “Abandoned” or “abandonment” means a well which has not been used for a period of one year, unless the owner declares his intention to use the well again for supplying water or other associated purposes (such as an observation well or injection well). As evidence of his intentions for continued use, the owner shall properly maintain the well in such a way that:
i. The well has no defects which will facilitate the impairment of quality of water in the well or in the water-bearing formations penetrated;
ii. The well is covered with an appropriate locked cap;
iii. The well is marked so that it can be clearly seen;
iv. The area surrounding the well is kept clear of brush or debris.
b. If the pump has been removed for repair or replacement, the well shall not be considered abandoned, provided that evidence of repair can be shown. During the repair period, the well shall be adequately covered to prevent injury to people and to prevent the entrance of undesirable water or foreign matter.
c. Observation wells used in the investigation or management of groundwater basins by governmental agencies or other appropriate engineering or research organizations are not considered “abandoned” so long as they are maintained for this purpose. However, such wells shall be covered with an appropriate cap, bearing the label “Observation Well” and the name of the agency or organization, and preferably shall be locked when measurements are not being made. When these wells are no longer used for this purpose or for supplying water, they shall be considered abandoned.
2. “Agricultural well” means a well used to supply water for irrigation or other agricultural purposes, including stock wells.
3. “Aquifer” means a formation or group of formations or part of a formation that is water-bearing and which transmits water in sufficient quantity to supply pumping wells.
4. “Cathodic protection well” means any artificial excavation in an aquifer, or in excess of fifty feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection.
5. “Community water supply well” means a water well for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code (commencing with Section 4010).
6. “Completion” or “completion operation” means any work conducted after artificial excavation, to include:
a. Placement of well casing;
b. Gravel packing;
c. Sealing;
d. Casing perforation; or
e. Other operations deemed necessary by the health officer.
7. “Contamination” means an impairment of the quality of water to a degree which creates a hazard, or may create a hazard, to the public health through poisoning or through spread of disease.
8. “Department” means the health department of the county.
9. “Destruction” or “destroy” means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water bearing formations penetrated.
10. “Electrical grounding well” means any artificial excavation in an aquifer or in excess of fifty feet constructed by any method for the purpose of establishing an electrical ground.
11. “Health officer” means the health officer of Alpine County, or that person’s duly authorized representative.
12. “Individual domestic well” means a water well used to supply water for domestic needs of an individual residence or commercial establishment.
13. “Industrial well” means a water well used to supply industry on an individual basis.
14. “Modification or repair” means the deepening of a well, reperforation, sealing, or replacement of a well casing.
15. “Observation well” means a well used for monitoring or sampling conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.
16. “Person” means and includes special districts formed under the laws of the state of California.
17. “Pollution” means an alteration of the quality of water to a degree which unreasonably affects:
a. Such waters for beneficial uses; or
b. Facilities which serve such beneficial uses.
Pollution may include contamination.
18. “Public nuisance,” when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health and safety of the public.
19. “Salt water (hydraulic) barrier well” means a well constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a freshwater-bearing aquifer.
20. “Sealing” means closing the upper annular space (the space between the well casing and the wall of the drilled hole) by a method approved by the health department, in order to effectively protect groundwaters from infiltration by surface and/or shallow subsurface waters.
21. “Test or exploratory hole” means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means.
22. “Well” means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter. Wells shall not include:
a. Oil and gas wells or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or
b. Wells used for the purpose of:
i. Dewatering excavations during construction, or
ii. Stabilizing hillsides or earth embankments;
c. The following artificial excavations:
i. Drill holes for soil testing purposes, when such holes are less than twenty-five feet in depth,
ii. Holes or excavations for soil percolation tests,
iii. Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth,
iv. Excavations for drainage percolation ponds or spreading basins.
23. “Well-drilling contractor” means a contractor licensed in accordance with the provisions of the Contractors’ License Law, Chapter 9 of Division 3 of the Business and Professions Code (commencing with Section 7000). (Ord. 364 § 2, 1976)
8.36.030 Standards for work.
Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, “Water Well Standards,” state of California, with the following exceptions:
A. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. The pipe, if provided, shall be installed at a height equal to the pump slab or at least six inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap (in a well pit, the pipe shall be twelve inches above the floor of the pit). Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward twelve inches above ground level and be screened and protected against contamination material entering the vent (sixteen-mesh screen).
B. Every new, repaired or modified community water supply well or domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected. Procedures delineated in Appendix E of the aforementioned Department of Water Resources Bulletin No. 74, state of California, or equivalent, are required. (Ord. 364 § 7, 1976)
8.36.040 Permit—Required when.
No person shall, within the unincorporated area of the county, construct, repair, modify or destroy any well unless a written permit has first been obtained from the health officer as provided in this chapter. In case of emergency affecting life, health, crops or livestock, a licensed contractor may start work immediately, but shall notify the health department within seventy-two hours by telephone or in person of the work being done. (Ord. 364 § 3, 1976)
8.36.050 Permit—Application.
Applications for permits shall be made to the health officer, and shall include such information as may be required by the health officer to determine that the health and safety of the public will be protected. (Ord. 364 § 4 (A), 1976)
8.36.060 Permit—Fees.
There may be a permit fee for construction of all wells covered by this chapter. There shall be no permit fee for reconstruction, modification or abandonment of wells covered by this chapter. (Ord. 364 § 4 (B), 1976)
8.36.070 Permit—Bond or deposit required.
Prior to the issuance of a permit, the applicant shall post with the health officer a cash deposit or bond to guarantee compliance with the terms of this chapter and the applicable permit, such cash or bond to be in an amount deemed necessary by the health officer to remedy improper work, but not in excess of the total estimated cost of work. Such deposit or bond may be waived by the health officer where other assurances of compliance are found adequate by him. (Ord. 364 § 4 (E), 1976)
8.36.080 Permit—Issuance conditions.
Permits shall be issued subject to compliance with the standards provided in this chapter, except that such standards shall be inapplicable or modified by the health officer when upon his finding inapplicability or modification will accomplish the purposes of this chapter. A permit, to be valid, must comply with all state and county laws, rules and regulations. (Ord. 364 § 4 (C), 1976)
8.36.090 Permit—Denial when—Exceptions.
No permit shall be issued to any person who is not a licensed well-drilling contractor, provided that a permit may be issued to an owner or occupant of property who does the work of construction, repair, modification or destruction of a well located on such property himself or through his own employees; and provided further, that a permit may be issued to any person exempt from the provisions of the Contractors’ License Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000. (Ord. 364 § 4 (F), 1976)
8.36.100 Permit—Appeal procedure.
Any person aggrieved by the refusal of a permit or terms of the permit may request in writing that the matter be heard by the board of supervisors. If such request is made, the health officer shall schedule the matter for review by the board of supervisors, and shall give not less than ten days’ written notice of the time and place thereof to the applicant. At the time and place of the hearing, the board of supervisors shall allow the applicant and other interested parties an adequate opportunity to present any facts pertinent to the matter at hand. The board of supervisors may place any person involved in the matter, including the applicant, under oath. The board of supervisors may, when it deems necessary, continue any hearing by giving notice to the applicant of such action. At the close of the hearing, or at any time within ten days thereafter, the board of supervisors shall order such disposition of the application or permit as it has determined is proper, and shall make such disposition known to the applicant. Determinations made by the health officer relating directly to the public health, or to Chapter 7 of Part I of Division 5 of the California Health and Safety Code, may not be overruled or modified by the board of supervisors. (Ord. 364 § 4 (G), 1976)
8.36.110 Destruction of abandoned wells.
A. Purpose of Destruction. Proper destruction of a well that is no longer useful serves two main purposes:
1. Assures that the groundwater supply is protected and preserved for further use;
2. Eliminates the potential physical hazard that exists.
B. All “abandoned” wells shall be destroyed in such a way that they will not produce water or act as a channel for the interchange of waters, when such interchange will result in significant deterioration of the quality of water in any or all waterbearing formations penetrated, or present a hazard to the safety and wellbeing of people and of animals.
C. Destruction of a well shall consist of the complete filling of the well in accordance with procedures designated by the health officer. (Ord. 364 § 9, 1976)
8.36.120 Completion of work—Notice to county.
The permittee shall complete work authorized by the permit prior to the expiration date set in the permit. The permittee shall notify the health officer in writing upon completion of the work, and work shall not be deemed to have been completed until such written notification has been received. (Ord. 364 § 4 (D), 1976)
8.36.130 Report of completion, abandonment or destruction.
A. Every person who hereafter digs, bores or drills a water well or cathodic protection well, or who abandons or destroys any such well, or who deepens or reperforates any such well, shall file with the health department a report of completion, abandonment or destruction of such well within thirty days after the construction or alteration has been completed. This report shall be considered privileged information (Section 13754, Division 7, California Water Code).
B. This report shall be made on forms furnished by the health department, and shall contain such information as the department may require, including but not limited to:
1. Description of the well site sufficiently exact to permit location and identification of the well;
2. Detailed log of the well;
3. Description of type of construction;
4. Details of perforation;
5. Static water level, well capacity and draw-down in feet per hour;
6. Methods used for sealing off surface or contaminated waters.
C. All domestic water supply wells shall be tested for chemical and bacterial analysis by a commercial laboratory approved by the health officer. In areas where insufficient subsurface information is available, the health officer may require inspection of the well log prior to any completion operation. (Ord. 364 § 5, 1976)
8.36.140 Inspection requirements.
In the case of emergency, the health officer and inspectors of the health department may, at reasonable times, enter all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether or not any provision of this chapter is being violated. When not a case of emergency, consent of the owner or occupant shall be obtained prior to entry. In either case, the health officer may require that each completion, modification, repair or destruction operation be inspected prior to any further work. (Ord. 364 § 6, 1976)
8.36.150 Enforcement—Notice to comply.
In the event a well subject to this chapter has been constructed, repaired, modified, destroyed, abandoned or operated contrary to the terms of this chapter, or a permit issued for such well pursuant to this chapter, the health officer may mail written notice, postage prepaid, to the owner of the land, as shown upon the most recent equalized assessment roll or the permittee at his address listed upon the permit, which notice shall state:
A. The manner in which the well is in violation;
B. What corrective measures must be taken;
C. The time within which such corrections must be made, and that if the land owner or permittee fails to make corrections within the period provided, the corrections may be made by the county and the land owner or permittee shall be liable for the costs thereof. (Ord. 364 § 8 (B), 1976)
8.36.160 Enforcement—Stop order issuance.
In the event a well subject to the provisions of this chapter is being constructed, repaired, modified, destroyed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the well site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer. (Ord. 364 § 8, 1976)
8.36.170 Abatement by county authorized when.
If the corrections listed in the notice given pursuant to Section 8.36.150 above are not made as required in the notice, the health officer, with the approval of the board of supervisors, and after a reasonable opportunity for the person notified to be heard by the board of supervisors, may cause the condition to be abated, and the cost thereof shall be a charge against the person notified. A person wishing a hearing before the board of supervisors shall file a notice requesting hearing not more than fifteen days following the date of receipt of notice from the health officer as herein provided. (Ord. 364 § 8 (C), 1976)
8.36.180 Violation—Penalty.
Any person who does any. work for which a permit is required by this chapter and who fails to apply for and pay the fee for a permit within five working days after notice from the health officer to do so, or who otherwise violates any other provision of this chapter, shall be guilty of a misdemeanor. (Ord. 364 § 10, 1976)