4-13. CONSTRUCTION OF WELLS

CHAPTER 13. CONSTRUCTION OF WELLS

ARTICLE 1. GENERAL PROVISIONS

4-13-1000 LEGISLATIVE AUTHORITY: TITLE AND ADOPTION OF STATE STANDARDS:

This Chapter is enacted pursuant to authority granted by sections 13700 to 13806 of the California Water Code. This Chapter shall be known and may be cited as the Tulare County Well Ordinance. The California Department of Water Resources Bulletin 74-81, Water Well Standards: State of California, Bulletin 74-90, California Well Standards: Water Wells, Monitoring Wells, Cathodic Protection Wells (Supplement to Bulletin 74-81), Geothermal Heat Exchange Wells (Draft April 1999), and any subsequent revisions are hereby referred to, adopted and made part of this Chapter as if fully set forth herein.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1001 PURPOSE:

The purpose of this Chapter is to regulate the construction, location, reconstruction, and destruction of water wells, agricultural wells, cathodic protection wells, industrial wells, geothermal heat exchange wells, monitoring wells, and test wells to assure that water produced by wells in Tulare County will be of high quality and to protect and preserve the quality of underground waters.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1002 APPLICATION OF ORDINANCE:

(a) The provisions of this Chapter are applicable to all individuals, firms, partnerships, associations, corporations, estates, and trusts.

(b) The provisions of this Chapter are also applicable to the United States, the State of California, cities, and all political subdivisions of the State of California, and to all officers, employees and departments of the United States, the State of California, cities and other political subdivisions when they drill a well, or perform any of the other acts covered by this Chapter, within the unincorporated territory of Tulare County.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1003 ADMINISTRATIVE VARIANCE:

The Health Officer may permit construction, deepening, reconstruction, and destruction of wells without strict compliance with the standards established by this Chapter when he/she determines that strict compliance would impose an unreasonable burden on the permittee and that the variance will not endanger the health or safety of the water user or the public generally.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1004 RETROACTIVITY:

Except as specifically provided in sections 4-13-1005, 4-13-1046, and 4-13-1047 of this Chapter, this Chapter shall apply only to construction, reconstruction, deepening or destruction of a well when such work is commenced after the effective date of this Chapter.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1005 DEFINITIONS:

For the purposes of this chapter, the following terms are defined as:

(a) "ABANDONED WELL": A well whose use has been discontinued for a period of at least one (1) year or which is in such a state of disrepair that no water can be produced.

(b) "AGRICULTURAL WELL": A well used exclusively to supply water for irrigation, livestock operation or other agricultural purposes.

(c) "ANIMAL OR FOWL ENCLOSURE": A barnyard, stable, feedlot or an area of land where animals are corralled, penned, tethered, or otherwise caused to remain in confinement in a restricted area and where supplemental feeding is required.

(d) "AIR CONDITIONING WELL": A well used exclusively to return to the ground, well water which has been used as a coolant in air conditioning processes.

(e) "ANNULAR SEAL": The impervious material placed between the conductor casing and the borehole or the well casing and the borehole in the annular space. Material such as neat cement, sand cement, concrete, or bentonite placed in the annular space.

(f) "ANNULAR SPACE": The area between the wall of the drilled hole or bore and the well casing, or the space between two well casings. If a conductor casing is used, this includes the area between the bore and the conductor casing and between the conductor casing and the well casing.

(g) "APPLICATION": A fillable form provided by the Health Officer requesting the issuance of a permit for the purposes of developing or performing work on a well.

(h) "APPROVED": Being regarded favorably or determined by the Health Officer to be officially sanctioned.

(i) "AQUIFER": An underground layer of water-bearing permeable rock, rock fractures, or unconsolidated materials such as gravel, sand, or silt.

(j) "AUTHORIZED AGENT": An employee of a C-57 licensed water well drilling contractor working under the license of the well contractor, the property owner, or any individual duly authorized in writing by the property owner as the agent thereof.

(k) "BOARD" and "BOARD OF SUPERVISORS": Tulare County Board of Supervisors.

(l) "CASING": A tubular structure, usually a plastic or steel pipe, installed in a borehole to maintain the integrity of the bore.

(m) "CATHODIC PROTECTION WELL": Any artificial excavation in excess of fifty (50) feet deep constructed by any means for the purpose of installing equipment or facilities for the electrical protection of metallic equipment that is in contact with the ground.

(n) "COMMUNITY WATER SUPPLY WELL": A water well used to supply water for domestic purposes in systems subject to Chapter 7, Part 1, Division 5 of the California Health and Safety Code. Included are wells supplying public water systems classified by the Department of Public Health or its successor as Non-Community, Transient Non-Community and State small water systems (California Waterworks Standards, Title 22, California Administrative Code). Such wells are variously referred to as "Municipal Wells," "City Wells" or "Public Water Supply Wells."

(o) "CONSTRUCTION": The fashioning of the borehole of a well and includes, but is not limited to, drilling, installation of casing, placing gravel, perforation of casing in place, installation of annular seal, and sealing off strata.

(p) "CONTAMINATION": An impairment of the quality of the waters to a degree which creates a hazard to the public health through poisoning or the spread of disease.

(q) "DAIRY WELL": A well exclusively used at a Dairy farm for the purpose of processing milk.

(r) "DESTRUCTION OF WELL": The complete filling and sealing of the well/borehole and/or annular space in such a manner as to protect persons and animals from the danger of physical harm and prevent surface waters, waste, debris and contaminants from entering the well.

(s) "DEVELOPMENT OF A WELL": The use of one or more of a variety of techniques, including, but not limited to, over-pumping, surging, introduction of chemicals, and explosions, which are intended to increase the flow of water from underground sources into the well casing through perforations or through the bottom of the casing.

(t) "DISPOSAL WELL": A well into which liquid or solid substances are deposited.

(u) "ENFORCEMENT": The process undertaken by which individuals, subject to this chapter, are made to comply with the provisions of this chapter.

(v) "EXCAVATION": Any hole or cavity artificially drilled or constructed by any method that can present a danger to public health and safety for any purpose including, but not limited to, groundwater extraction. Examples of excavations include, but are not limited to, mine shafts, pits, wells, hand dug wells, septic tanks, and cesspools.

(w) "GEOTHERMAL HEAT EXCHANGE WELL": Any uncased artificial excavation, constructed by any method, that uses the heat exchange capacity of the earth for heating and cooling, in which the ambient ground temperature of the excavation is thirty (30) degrees Celsius (eighty-six (86) degrees Fahrenheit) or less, and the heat exchange system uses a closed-loop, fluid system to prevent the discharge or escape of its fluid into surrounding aquifers or other geologic formations. Geothermal heat exchange wells include ground source heat pump wells.

(x) "GROUNDWATER": Water that occurs beneath the ground surface in fully saturated zones within soils and other geologic formations.

(y) "GROUT": A fluid mixture of cement and water (neat cement); sand, cement and water (sand cement grout); or bentonite and water (bentonite grout or slurry) of a consistency that can be forced through a tremie pipe.

(z) "HARD ROCK WELL": A well in which the water-bearing strata occurs in crystalline rock.

(aa) "HEALTH OFFICER": The Health Officer of the County of Tulare or his/her duly authorized representative.

(bb) "HORIZONTAL WELL": A water well drilled horizontally or at an angle with the horizon.

(cc) "INACTIVE WELL": A well not routinely operated but capable of being made operational with minimal effort.

(dd) "INDIVIDUAL DOMESTIC WELL": A water well which is used to supply the domestic needs of an individual residence or systems of four (4) or less service connections.

(ee) "INDUSTRIAL WELL": A well used to supply water to an individual enterprise engaged in the commercial production and sale of goods, services or both.

(ff) "INJECTION WELL": A well used to introduce water into the ground as a means of replenishing groundwater basins or to dispose of reclaimed water.

(gg) "MONITORING WELL": Any artificial excavation made by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters or the concentration of contaminants in underground waters.

(hh) "PERMITTEE": The person who makes a permit application or a person on whose behalf such an application is made.

(ii) "PERSON": An individual, trust, firm, corporation, partnership, association, government entity, city, or municipality.

(jj) "PUBLIC WATER SYSTEM": A system for the provision of water for human consumption that has fifteen (15) or more service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days of the year.

(kk) "RECONSTRUCTION": The alteration, repair, or restoration of a well.

(ll) "RIVER WELL": A well located in or near a watercourse which draws water from that watercourse.

(mm) SANITARY SEAL": A water-tight seal between the pump base and the concrete foundation and between the well casing and the pump column pipe.

(nn) "SOIL BORING": An uncased temporary excavation to determine the hydrologic conditions at a site.

(oo) "SURFACE SEAL": A monolithically poured concrete foundation or pad constructed around the well casing on compacted native soil.

(pp) "SURFACE WATER": Any water that is open to the atmosphere or subject to surface water runoff. Surface water includes, but is not limited to, the water in lakes, rivers, creeks, irrigation ditches, drainage ditches, and natural or constructed impoundments.

(qq) "TEST WELL": A well with a casing constructed for the purpose of gathering information regarding subterranean conditions preparatory to commencement of a well construction project.

(rr) "TREMIE METHOD": Use of a tubular device ("tremie pipe") to place grout in the annular space in such a manner that the discharge end of the tube is kept submerged in the freshly deposited grout so as not to break the seal while filling the annular space.

(ss) "WATER QUALITY": The chemical, physical, bacteriological, radiological, and other properties of water.

(tt) "WELL": Any excavation constructed for the purpose of extracting water from, or injecting water or any other substance into the underground, or for the purpose of cathodic protection, except that this definition shall not include:

(1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation of the State of California, except those wells converted to use as water wells.

(2) Wells used for the purpose of dewatering excavations during construction or stabilizing hillsides or earth embankments.

(uu) "WELL CONTRACTOR": A person licensed under authority of the State Contractors License Law, as provided in Division 3, Chapter 9, Sections 7026.1 (d), 7058, and 7059 of the Business and Professions Code to engage in well drilling who possess an active C-57 contractor’s license.

(vv) "WELL PERMIT": The formal, written approval of an application issued by the Health Officer under authority of this chapter to perform work on a well.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 2. WELL PERMITS

4-13-1006 LICENSE REQUIRED:

(a) No person shall undertake to dig, bore or drill any well, as defined in Article 1, Section 4-13-1005(tt), or to deepen, perforate, or reperforate such a well, or to abandon or destroy such a well, unless the person responsible for that construction, alteration, destruction, or abandonment possesses a C-57 water well drilling contractor license.

(b) All other work on wells shall be performed by the property owner or an individual under the appropriate license as issued by the Contractors State License Board.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1007 WELL PERMIT:

(a) Except as otherwise provided in sections 4-13-1012 and 4-13-1013 of this Article it shall be unlawful for any person to construct, deepen, reconstruct, or destroy any well or soil boring, or cause any of those acts to be done, unless a permit has first been issued to him or to the person on whose behalf the work is undertaken.

(b) An application for a well permit shall be made in such a manner and on such forms as deemed necessary by the Health Officer. An application for a permit does not constitute a permit.

(c) An application for a well permit shall be accompanied by a fee as set forth by resolution by the Tulare County Board of Supervisors. The fee will cover all of the department’s cost.

(d) When a well permit is issued, the Health Officer may impose any condition deemed necessary to comply with the requirements of this chapter, to protect groundwater resources, or to protect public health and safety.

(e) All well permits shall be valid for one year from the date of issuance. The Health Officer, upon receipt of a written request documenting exceptional circumstances, may grant the permittee an extension of up to one year. Upon expiration of the permit, no further work shall be done, unless and until the permittee has received an extension or has received a new permit. Extension fees may apply. Permits are not transferable between well contractors and are nonrefundable once the permit has been issued. However, well permits can be amended with an application and applicable fees paid.

(f) A well permit, when issued, shall be valid for only one proposed well site. If an alternate well site is required due to lack of water or a well location change, the well contractor, or the authorized agent thereof, shall submit an amendment application for the new site, subject to applicable fees. A site inspection may be completed before the permit is issued.

(g) Additional permits, as required by the County Resource Management Agency (RMA), shall be obtained for work associated with wells, but not specifically addressed in this chapter. Examples include, but are not limited to, the installation of electrical wiring, connections, and plumbing to the well.

(h) It shall be the responsibility of the well contractor to retain a copy of the applicable permit(s) at the work site during all stages of work on the subject well.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1008 DENIAL OF PERMIT:

Any permit shall be denied under the following circumstances:

(a) Construction of the well will constitute a potential hazard to public health and safety.

(b) The well contractor, or agent thereof, has unpaid fees or overdue well completion reports for more than ninety (90) days.

(d) No permit shall be issued for the construction of a well located where a connection to a public water system that is willing and able to serve is available.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1009 CONDITIONING OF PERMIT:

Any permit shall be denied under the following circumstances:

(a) The proposed water well would draw from, or pass through, an aquifer in which groundwater contamination is known or believed to exist, except:

(1) If no other well location or source of potable water is available and if the Health Officer determines that the well water may be rendered potable by appropriate treatment, a permit may be issued conditioned on the provision of such treatment; or

(2) If no other well location or source of potable water is available and if the Health Officer determines that imposition of particular conditions on the construction, maintenance, and/or monitoring of the well may enable the well to draw only potable groundwater, a permit may be issued with those additional conditions imposed.

(b) Any known abandoned well on a parcel shall be destroyed or placed in inactive status in accordance with this Chapter.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1010 ADMINISTRATIVE REVIEW OF DENIAL OR CONDITIONS:

(a) If the Health Officer denies an application for a permit, or issues a permit subject to conditions which the permittee believes to be unreasonable, the permittee may request administrative review. The permittee must file such request with the Health and Human Services Agency Director within ten (10) days of the Health Officer’s decision on the application or such review will be deemed waived. The Health and Human Services Agency Director or designee, acting as administrative review officer, shall, within twenty (20) days after receipt of a written request, hold an administrative review to determine whether the permit shall be issued to the permittee and, if a permit is to be issued, the terms and conditions under which it shall be issued. Such administrative review shall be conducted in accordance with section 4-13-1027 of this Chapter and may be continued from time to time by the administrative review officer. The decision of the administrative review officer shall be rendered within seven (7) days after the conclusion of the review.

(b) Any person aggrieved by any decision of the administrative review officer may appeal to the County Hearing Officer as set forth in Chapter 31 of Part I of this Code.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1011 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the County Hearing Officer made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the permittee that the permit has been denied, the Clerk of the Board of Supervisors shall provide notice to the permittee that the time within which judicial review must be sought is governed by said section 1094.6.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1012 EMERGENCY WORK:

Persons or property threatened by a sudden, unforeseen impairment in the quantity or quality of water may construct, deepen, or reconstruct a well without prior issuance of a permit. In such cases, the person responsible for emergency work shall:

(a) Notify the Health Officer within one (1) business day of the nature of the emergency and receive authorization to complete work on the well.

(b) Within one (1) business day after such work is begun, file for a well permit.

1. Bulletin 74-81, Water Well Standards: State of California; Bulletin 74-90, California Well Standards: Water Wells, Monitoring Wells, Cathodic Protection Wells (Supplement to Bulletin 74-81).

2. Any subsequent revisions thereof.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1013 PERMIT NOT REQUIRED:

(a) No permit is required to install, replace, or repair a pump on an existing well.

(b) No permit is required to install a surface seal or annular seal.

(c) No permit is required for exploratory borings less than 45' unless groundwater is encountered. If groundwater is encountered, work must stop and an application for a permit must be filed.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1014 WELL PERMIT APPLICATION:

(a) Application for a permit required by section 4-13-1007 of this Article shall be made to the Health Officer. The application shall be on a form furnished by the Health Officer and shall provide all requested information. Every application shall be signed by the owner or authorized designee.

(b) The Health Officer may require further information relevant to the project if deemed necessary to determine whether the public health and safety require the denial of the permit or the imposition of further conditions.

(c) A permit may be denied for failure to supply any information required by this section. The Health Officer has ten (10) working days to issue a well permit or request further information.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 3. INSPECTIONS, REPORTS AND ENFORCEMENT

4-13-1015 INSPECTIONS:

Every well project for which a permit is required by this Chapter may be inspected by the Health Officer at such times as deemed advisable.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1016 MANDATORY INSPECTIONS ON CERTAIN PROJECTS:

The Health Officer may prescribe a policy of mandatory inspections of any water well project type. Project types may include but are not limited to:

(a) Community wells;

(b) Dairy wells;

(d) Industrial wells;

(e) Wells identified by any governmental agency requiring special conditions;

(f) Well destructions.

It shall be unlawful for any person to continue work on a project past the stage at which an inspection has been prescribed until such inspection by the Health Officer has been completed, except that a permittee, or one acting on his behalf, may make an appointment with the Health Officer to have the inspection carried out at a time agreed upon at which it is contemplated the inspection stage will have been reached, but not less than one (1) business day following the time the appointment is made.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1017 COMMUNITY WATER SUPPLY WELL INSPECTION:

It shall be unlawful to use a community water supply well constructed, reconstructed, or deepened until the Health Officer has inspected it and determined that the water produced meets the standard prescribed by Chapter 15 of Title 22 of the California Code of Regulations. An adverse determination shall be subject to review pursuant to section 4-13-1010 of this Chapter.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1018 WELL COMPLETION REPORT:

Any person who has constructed, deepened, or reconstructed a well shall, within thirty (30) days after completion of the work, furnish the Health Officer with a completion report of the well in accordance with California Water Code section 13751.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1019 WELL DEVELOPER’S REPORTS:

Any person who installs pumping equipment and develops a well shall, within thirty (30) days after completion, file a written report with the Health Officer containing the following information:

(a) Depth of water after developing the well.

(b) The yield in gallons per minute with number of feet of drawdown after five (5) or more continuous hours of pumping. The pumping time may be reduced if the Health Officer determines that a problem exists for the disposal of water.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1020 FAILURE TO REPORT:

It shall be unlawful for any person to fail to file the reports required by sections 4-13-1018 or 4-13-1019 of this Article.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1021 STOP ORDER:

Whenever any well construction, destruction, or repair work is being done contrary to the requirements of this Chapter or the permit, the Health Officer may order the work stopped by posting a notice to stop at the well site. It shall be unlawful to do further work after such notice has been posted. A stop order shall be subject to review pursuant to section 4-13-1010.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1022 PERMIT CONDITIONS:

It shall be unlawful to perform any work for which a permit has been granted pursuant to this Chapter without complying with the conditions of such permit.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 4. NUISANCE

4-13-1023 DECLARATION OF NUISANCE:

Wells constructed, reconstructed, deepened, developed, or destroyed which are not constructed, reconstructed, deepened, or destroyed in accordance with the terms of this Chapter, including permit conditions added by the Health Officer, and wells which are defective within the meaning of section 4-13-1058 of this Chapter are hereby declared public nuisances which may be abated in accordance with the provisions of this Article. The owner may abate the nuisance described hereinabove at any time prior to commencement of actual abatement by or at the direction of the Health Officer.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1024 NOTICE:

Whenever the Health Officer determines that a nuisance described in section 4-13-1023 of this Article exists, he/she shall deliver to the owner of the land upon which the nuisance has been determined to exist a written notice informing the owner of the determination of such nuisance. The notice shall state that unless the owner abates the nuisance within a time, following completion of service of the notice, therein stated, determined by the Health Officer to be a reasonable time to accomplish such abatement, but not less than two (2) weeks, or within such time files a request for administrative review with the Health and Human Services Agency Director, the Health Officer will abate the nuisance. It shall also state that the cost of such abatement may be added to the County assessment roll as a lien on the real property or placed on the unsecured tax roll.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1025 PERSONAL DELIVERY:

The notice required by section 4-13-1024 of this Article shall be served by delivering it personally to the owner, or if he/she cannot be personally served, sending it by certified mail, addressed to the owner as his/her address appears on the records of the County Clerk/Recorder/Assessor. If service cannot be accomplished by personal delivery or by mail, notice may be given by posting a copy at the well site. Notice by posting shall be deemed complete one (1) week after posting.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1026 ADMINISTRATIVE REVIEW REQUEST:

The owner of property upon which the Health Officer has determined that a nuisance described in section 4-13-1023 of this Article exists may request administrative review by the Health and Human Services Agency Director or designee within the time specified in section 4-13-1024 of this Article by filing a written request with the Health and Human Services Agency Director. The request shall describe the property on which the nuisance has been determined to exist by street name and number and give the name of the owner and his address. The administrative review officer shall set a date and time for administrative review and send a notice thereof by regular mail at least ten (10) days before such date to the owner at the address set forth on his/her request and shall notify the Health Officer of such administrative review.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1027 ADMINISTRATIVE REVIEW: CONDUCT:

At the date and time set, administrative review shall be done by the administrative review officer. The administrative review officer shall consider all pertinent information offered by all interested persons.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1028 ADMINISTRATIVE REVIEW DECISION: APPEAL:

(a) At the conclusion of the administrative review, if the administrative review officer determines that a public nuisance exists, he or she shall thereupon order the nuisance abated no sooner than thirty (30) days following the mailing of notice of the review officer’s decision. The administrative review officer shall determine whether the nuisance is to be abated by correction or destruction.

(b) Any person aggrieved by any decision of the administrative review officer may appeal to the County Hearing Officer as set forth in Chapter 31 of Part I of this Code.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1029 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the County Hearing Officer made after a hearing pursuant to section 4-13-1028 of this Article shall be made pursuant to sections 1094.5 and 1094.6 of the Code of Civil Procedure of the State of California. When giving written notice to the owner of the order of the County Hearing Officer to abate the nuisance, the Clerk of the Board of Supervisors shall include a statement that the time within which judicial review must be sought is governed by said section 1094.6.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1030 ABATEMENT – ENTERING PRIVATE PROPERTY:

If a nuisance is not corrected or administrative review sought within the time specified pursuant to section 4-13-1024 of this Article or if, after administrative review, a nuisance is not abated or a notice of appeal filed pursuant to, and in the time required by, section 4-13-1028 of this Article, or if after appeal a nuisance is not abated, the Health Officer shall cause the nuisance to be abated and for that purpose he/she and others at his/her direction may enter the property where the nuisance exists.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1031 ACCOUNTING NOTICE:

The Health Officer shall keep an account of the cost of abatement and render a report in writing to the County Hearing Officer showing such cost. Upon receipt of the account of the Health Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time selected by the Clerk, but not less than ten (10) days after the date of mailing of the notice, the County Hearing Officer will review the account and that the owner may appear at said time and be heard.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1032 HEARING ON ACCOUNTING:

At the time fixed, the County Hearing Officer shall review the report of the Health Officer. The owner may appear at said time and be heard on the questions of whether the accounting is accurate and the amounts reported are reasonable. The report of the Health Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable. The hearing shall be conducted in the manner prescribed in Chapter 31 of Part I of this Code. The County Hearing Officer shall make such modifications in the accounting as he or she deems necessary and thereafter shall confirm the report by written decision.

(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)

4-13-1033 SPECIAL ASSESSMENT AND LIEN:

The Board of Supervisors may order that the cost of abating nuisances pursuant to this Chapter be placed upon the County tax roll by the County Auditor as special assessments against the land, or placed on the unsecured roll, in accordance with the provisions of section 25845 of the Government Code of the State of California.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 5. WATER WELL STANDARDS

4-13-1034 WELL SITE IDENTIFICATION:

(a) The well contractor, or authorized agent thereof, shall mark the proposed well site with a conspicuous well stake. The well stake shall be visible.

(b) All wells may receive a site inspection prior to issuing the well permit.

(c) If a proposed well site is relocated, the well contractor, or authorized agent thereof, shall resubmit an amended site map indicating the new location. In no case shall drilling start at the new location until approved for drilling.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1035 MINIMUM SETBACKS:

(a) No well hereafter constructed shall be located closer than from the following:

Front property line	25 ft.
Other property line	5 ft.
Septic tank	100 ft.
Leach line or disposal field	100 ft.
Sewer line (sanitary, industrial, main or lateral or combined storm water drain)	50 ft.
Seepage pit/Dairy pond	150 ft.
Animal or fowl enclosure	100 ft.
Underground storage tank (petroleum products)	150 ft.
Surface water (pond, lake, reservoir, canal, stream, brook, and seasonal drainage channel)	25 ft.
Existing well	50 ft.

(b) When the Health Officer determines that contamination exists, the Health Officer may increase the setback requirements specified in this section.

(c) The setback restrictions contained in this section are not violated when the location of a septic tank, leach or disposal field, solid sewer line, or seepage pit on property of another is not known to the permittee and could not by the exercise of reasonable diligence have been discovered.

(d) Cathodic protection wells are not subject to the setback from property line provisions of this section.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1036 CASING:

The well casing shall extend, in any case, not less than one half (1/2) inch above the top of the concrete base, and not less than eighteen (18) inches above the concrete base in a flood zone. At the time of completion of the well, the top of the casing shall be sealed with a weatherproof plate or cap, securely fastened in place.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1037 CASING MATERIALS:

Bulletins 74-81 and 74-90 or current versions are hereby referred to, adopted and made a part of this Chapter with the same effect as if fully set forth herein.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1038 CASING PEFORATIONS:

The casing of individual domestic water wells shall not be perforated within fifty (50) feet of the ground surface if the depth of the well is greater than fifty (50) feet. When possible, the uppermost perforations shall be below an impervious stratum in an aquifer of good quality water. If a domestic water well with perforations fifty (50) feet or less from the ground surface is deepened, the perforations fifty (50) feet or less in depth shall be sealed off to prevent commingling of water from that level with deeper water.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1039 CASING PERFORATIONS – SHALLOW WELLS:

Where an individual domestic well has a depth of sixty five (65) feet or less, only the bottom fifteen (15) feet of the casing shall be perforated. Wherever possible, the perforations shall be kept below an impervious stratum.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1040 ANNULAR SEAL DEPTH AND METHOD:

The annular seal depth for all wells shall be a minimum of fifty (50) feet and must be poured using the tremie method.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1041 ANNULAR SEAL THICKNESS:

(a) The annular seal for all wells, with the exception of community water supply wells, shall be a minimum of two (2) inches in radial thickness. The borehole diameter shall thus be at least four (4) inches larger than the outside diameter of the well casing.

(b) The annular seal for community water supply wells shall be a minimum of three (3) inches in radial thickness. The borehole diameter shall thus be at least six (6) inches larger than the outside diameter of the well casing.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1042 SEALING OFF OF STRATA:

Whenever a well penetrates one or more aquifers containing water the quality of which is such that the quality of water produced by the well, or the quality of water in other aquifers, will be significantly reduced if the waters are allowed to intermingle, the aquifer containing the low quality water shall be sealed so as to prevent such intermingling. Whenever an aquifer is required to be sealed, a ten (10) foot annular seal shall be formed in the confining formations, except that where the well bore ends in the aquifer to be sealed, the seal need not be extended into the lower confining formation so long as the bottom of the bore is sealed. There shall be no casing perforations in the aquifer to be sealed.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1043 GROUTING MATERIAL:

All annular seals shall be of neat cement grout, sand cement grout, concrete, bentonite-cement grout, or bentonite clay the composition of which shall conform to requirements of Bulletins 74-81 and 74-90 or current versions which are hereby referred to, adopted, and made a part of this Chapter with the same effect as if fully set forth herein. In no event shall the thickness of an annular seal be less than three (3) times the diameter of the largest aggregate used in the sealing material.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1044 SURFACE SEAL:

All water wells shall be provided with a watertight concrete base poured in a single, continuous operation on thoroughly compacted earth. The base shall have a minimum total thickness of fourteen (14) inches of which at least ten (10) inches shall extend above the ground level at the casing. The base shall extend horizontally in all directions at least one (1) foot from the outside of the well casing or the wall of the bore hole on gravel packed wells. The concrete base shall be adequately sloped so as to drain water away from the well casing.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1045 SAMPLE SPIGOT:

Community water supply wells shall be provided with a sample spigot on the pump discharge line as close to the pump as practical. The sample spigot shall be on the discharge side of the check valve when a check valve is installed. The spout of the spigot shall not be threaded.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1046 BACKFLOW PREVENTION:

(a) All wells shall have a check valve or air gap which will prevent water from the discharge line from flowing back into the well.

(b) All existing community water supply wells shall have a device of the type described in subsection (a) of this section and it shall be unlawful and a public nuisance to maintain a well without such a device.

(c) The devices of the type required to be installed under subsection (a) of this section shall be placed as close to the pump as practicable.

(d) It shall be unlawful to inject any herbicide, chemical or any other pollutant into the discharge line of a well which is not equipped with a device of the type described in subsection (a) of this section.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1047 ACCESS PIPE AND AIR VENT:

All wells shall be provided with an access pipe and/or drain plug by which disinfectants can be introduced into the well or the depth of water in the well may be measured. The pipe shall be extended to a height three (3) inches above the concrete base, be kept sealed, and be provided with a threaded cap. On community water supply wells the pipe shall also serve as an air relief vent, terminate downward, and be covered with sixteen (16) mesh screens to protect against contamination by material entering the pipe.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1048 DISINFECTION OF WELLS:

After the pump has been installed, all wells shall be disinfected with a solution containing at least fifty (50) parts per million available chlorine, which shall remain in the well for a period of not less than twenty-four (24) hours. This procedure shall be repeated on all community water supply wells as necessary to produce water which will yield negative results on two (2) consecutive biological samples tested in the manner prescribed in section 4-13-1052 of this Chapter. The gravel used in community water supply gravel packed wells shall be disinfected by mixing one-half (1/2) pound of tablets containing seventy (70) percent available chlorine with each ton of gravel introduced to the well. The chlorine tablets shall be evenly distributed throughout the volume of gravel used.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1049 PUMP INSTALLATION:

All pumps and pump motors installed or reinstalled directly over the casing of any well shall be provided with a sanitary seal between the pump base and the concrete base or between the well casing and the pump column pipe. Wells on which a submersible pump or a pump offset from the casing is installed or reinstalled shall have a steel plate fitted over the top of the casing with a watertight seal between the plate and the casing and between the casing and any pipes or conduits which enter the well through the steel plate. No pipe or conduit shall enter the casing from the side except access, air vent, and pump discharge pipes as required by this Chapter. Holes in the base of the pump which open into the well shall be sealed.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1050 WELL DEVELOPMENT CLEANING:

Before being placed in service, all wells developed or redeveloped shall be thoroughly cleaned of all foreign substance.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1051 CONTROL ZONE:

All community water supply wells shall establish a control zone as determined by the State Water Resources Control Board (Title 22, California Code of Regulations, Chapter 16, Article 3, Section 64560) and any subsequent revisions.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 6. PARTICULAR TYPES OF WELLS

4-13-1052 RIVER WELLS:

The permitting authority for River Wells is the California Department of Fish and Wildlife.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1-053 HARD ROCK WELLS:

Every community water supply hard rock well may be subject to continuous disinfection. The Health Officer shall prescribe the frequency and method of disinfection to be used as a condition of the permit.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1054 CATHODIC PROTECTION WELLS:

Cathodic protection wells shall be constructed in conformance with the cathodic well standards set forth in Bulletin 74-90 which is hereby referred to, adopted, and made a part of this Chapter with the same effect as if fully set forth herein.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1055 GEOTHERMAL HEAT EXCHANGE WELLS:

Geothermal Heat Exchange wells shall be constructed in conformance with the draft standards set forth in April 1999, by the California Department of Water Resources, which is hereby referred to, adopted, and made a part of this Chapter with the same effect as if fully set forth herein.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1056 INJECTION, DISPOSAL AND AIR CONDITIONING WELLS:

Injection, disposal, and air conditioning wells are subject to the requirements of sections 4-13-1035 to 4-13-1037, inclusive, 4-13-1040, 4-13-1043, that portion of 4-13-1044 applicable to individual domestic wells, and that portion of 4-13-1049 applicable to wells having submersible pumps. In addition, disposal water injected into any water-bearing formation through a disposal, injection, or air conditioning well shall not cause the temperature of the adjacent groundwater at any point greater than fifty (50) feet in a horizontal direction from such well to increase more than eight (8) degrees Fahrenheit. Disposal water which so heats the groundwater is a contaminant. It shall be unlawful to introduce into a disposal well greater than forty (40) feet in depth, or penetrating a water-bearing formation, sewage, contaminants, toxic materials, or other substances which will alter the existing groundwater quality or cause the existing groundwater in the disposal area to be contaminated. A sampling tap shall be provided on all disposal and injection wells.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1057 MONITORING WELLS:

Monitoring wells shall be constructed in conformance with the monitoring well standards set forth in the State of California Department of Water Resources Bulletin No. 74-90 which is hereby referred to, adopted, and made a part of this Chapter with the same effect as if fully set forth herein.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 7. DEFECTIVE, INACTIVE, AND WELL DESTRUCTION STANDARDS

4-13-1058 DEFECTIVE WELLS:

It is the duty of every owner of land on which there exists a well which impairs, or allows the impairment of, the quality of the underground water or water-bearing formations or constitutes a health or safety hazard to correct the defective conditions or to destroy the well. This section shall not be construed to require a permit for installation of an annular seal and surface seal pursuant to sections 4-13-1040 and 4-13-1044 of this Chapter.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1059 INACTIVE WELLS:

It is the duty of every owner of land on which there is a well which is not being used to cap the well with a watertight seal and keep the well site free of trash, weeds and debris. Any well which has been placed inactive for a period of more than one (1) year shall be deemed abandoned and be required to be properly destroyed pursuant to this Chapter unless the owner provides evidence of his intentions for continued use. An owner who willfully fails to perform the duties imposed by this section or who introduces or knowingly allows sewage or other contamination to flow into an inactive well shall be guilty of a misdemeanor.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1060 ABANDONED WELLS:

It is the duty of every owner of land on which there is an abandoned well to destroy said well, pursuant to this Chapter. Every person owning land who knowingly permits the existence on the premises of any abandoned well or any abandoned excavation dangerous to persons legally on the premises, or to minors under the age of 12 years, who fails to cover, fill, or fence securely that well or dangerous abandoned excavation and keep it so protected, is guilty of a misdemeanor.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1061 WELL DESTRUCTION – GENERALLY:

The following well destruction procedures shall be followed:

(a) The well shall be cleared of any obstructions.

(b) The casing shall be perforated, when deemed necessary to fill in the annular space or nearby voids.

(c) A hole shall be excavated around the well casing to a depth of five (5) feet below the ground surface. This top five (5) feet of well casing shall be removed.

(d) The well shall be filled to within twenty feet (20') of the top of the remaining shaft with inorganic fill material.

(e) The top twenty feet (20') of the remaining well shall be filled with impervious material. Such impervious material shall be allowed to spill over into the excavation to form an effective seal. After such impervious material has solidified, the excavation shall be backfilled with native soil.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1062 WELL DESTRUCTION – SEALING STRATA:

Where a well penetrates one or more aquifers containing water, the quality of which is such that water in other aquifers will be significantly reduced if the waters are allowed to intermingle, in addition to the impervious seal, the Health Officer shall require that the borehole be sealed at such depths that no such intermingling of waters will occur through the borehole or through the annular space.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1063 WELL DESTRUCTION – INORGANIC FILL:

Materials which may be used as suitable inorganic fill include clay, sand, silt, native soil, and impervious material.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1064 WELL DESTRUCTION – IMPERVIOUS MATERIAL:

Suitable impervious materials include neat cement, cement grout, concrete, and bentonite clays.

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1065 WELL DESTRUCTION LICENSE:

Any person responsible for the destruction of a water well, monitoring well, and cathodic protection well shall possess a water well contractor’s license (C-57).

(Added by Ord. No. 3507, effective 8-31-17)

4-13-1066 WELL DESTRUCTION – GRAVEL-PACKED WELLS:

In destroying gravel-packed wells, the casing shall be perforated opposite the area to be sealed. The sealing material shall then be placed within the casing, completely filling the portion adjacent to the area to be sealed and then forced out under pressure into the gravel envelope.

(Added by Ord. No. 3507, effective 8-31-17)

ARTICLE 8. VIOLATIONS

4-13-1067 VIOLATIONS:

(a) Any person violating any of the provisions of sections 4-13-1052, 4-13-1055, and 4-13-1058 of this Chapter which are declared to be unlawful shall be guilty of a misdemeanor and shall be punishable as provided in section 125(b) of the Tulare County Ordinance Code.

(b) Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not more than One Thousand Dollars ($1,000).

(Added by Ord. No. 3507, effective 8-31-17)