Del Norte County Municipal Code § 7.32 Regulations Of Wells And Preservation Of Groundwater

The purpose of this chapter is to protect the health, safety and welfare of the people of Del Norte County by regulating the construction, repair and reconstruction of wells and the destruction of abandoned wells and wells causing a nuisance, so that water obtained from wells will be suitable for its intended and actual use and the groundwater of Del Norte County will not be polluted or contaminated.

(Ord. 94-13 § 1 (part), 1994)

No person shall construct, repair, reconstruct, destroy or abandon any well within the unincorporated area of Del Norte County unless a permit has first been obtained from the health officer.

(Ord. 94-13 § 1 (part), 1994)

The following words and terms have the meaning indicated, unless the context in which a word or term is used requires another meaning:

"Agricultural well" or "stock well" is a well used to supply water solely for irrigation or other nondomestic agricultural purposes.

"Contamination" is any physical, chemical, biological or radiolog ical substance or matter in water which impairs the quality of water so as to create or threaten to create a public health hazard through poisoning or the spread of disease.

"Individual domestic well" means a well used to supply the drinking water needs of an individual residence or commercial establishment.

"Industrial well" is a well used to supply water to an individual industry for nondomestic use.

"Pollution" is any alteration of water quality which unreasonably affects the beneficial use of a water source or the facilities which serve such a beneficial use. Pollution may include contamination.

"Public water system well" is a well used to supply water for domestic purposes in systems subject to Chapter 7 (commencing with Section 4010) of Part 1 of Division 5 of the Health and Safety Code.

"Repair" or "reconstruction" means the deepening of a well or the reperforation or replacement of a well casing.

"Well" is any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground or having the potential to allow intermingling of waters of different qualities underground. "Well" does not include: (1) any oil or gas well or any geothermal well constructed under the jurisdic tion of the Department of Conservation, except those wells convened to use as water wells or (2) wells used solely to de-water excavation during construction or (3) any hand-dug well not deeper than twenty feet and not penetrating the first impervious stratum below the surface.

(Ord. 96-01 § 2, 1996; Ord. 94-13 § 1 (part), 1994)

1. Applications for permits shall be filed with the Department of Public Health on forms approved by the health officer.

2. No application shall be accepted as complete unless and until any required fee, as set by resolution of the board of supervisors, is paid.

(Ord. 94-13 § 1 (part), 1994)

Prior to the issuance of a permit, the contractor or applicant shall post security with the health officer in the form of a cash deposit or bond guaranteeing compliance with this chapter and the permit. The amount of the security required by the health officer to remedy improper work shall not exceed twice the total estimated cost of the work. Each well-drilling contractor residing in Del Norte County may post security with the Department of Public Health in the amount of three thousand dollars in lieu of posting security for each well for which a permit is required. Any bond posted as security pursuant to this section shall comply with the provisions of the California Bond and Underwriting Law, which commences with Section 995.010 of the California Code of Civil Procedure.

(Ord. 94-20 § 2, 1994; Ord. 94-13 § 1 (part), 1994)

All permits issued under this chapter are subject to compliance with the standards provided in this chapter, but these standards may be modified by the health officer in individual cases if he finds that the modified standards will accomplish the purposes of this chapter. Permits may be conditioned upon compliance with any other requirement found by the health officer to be necessary in individual cases to accomplish the purposes of this chapter.

(Ord. 94-13 § 1 (part), 1994)

Standards for the construction, repair, reconstruction, abandonment and destruction of wells in Del Norte County are set forth in the most current edition of Department of Water Resources Bulletin No. 74, "Water Well Standards," and are adopted herein by reference, with the following modifications:

1. The minimum well depth shall be forty feet except in those areas where the only available groundwater is at a depth less than forty feet. In such case wells may be permitted at a depth sufficient to develop and adequate water supply.

2. Any well encountering water with a saline taste and where the specific electrical conductance exceeds one thousand five hundred micromohes per centimeter shall. be sealed by grouting to a level where a four-hour pumping test will produce water of acceptable quality.

3. Any well that is abandoned and contains water with a specific electrical conductance in excess of one thousand five hundred micromohes per centimeter shall be sealed in such a manner that no water shall escape from the formation bearing saline water.

4. An outer casing or conductor casing is not an acceptable substitute for a seal. Temporary casing shall be removed before the well is deemed to be completed unless incorporation of the conductor casing in the sealing material is approved by the health officer or his designee prior to the sealing of the well.

5. When a well is destroyed in a residential area, in addition to other well destruction requirements, a hole shall be excavated around the well casing to a depth of at least eleven feet below the ground surface and the well casing removed to within six inches of the bottom of the excavation.

(Ord. 94-13 § 1 (part), 1994)

• 7.32.80 Inspection And Completion Of Work

1. No annular seal shall be installed or placed for any well except in the presence and with the approval of the health officer or his designee. However, if the health officer requires that the division of environmental health be notified a reasonable period of time before a well is proposed to be sealed and the health officer or his designee fails to appear at the well site at the time designated for sealing the well, then the well may be sealed without the presence of the health officer or his designee. Any requirement for notice established by the health officer pursuant to this sub section shall be included on the face of or by attachment to every well permit.

2. No well shall be operated or deemed to be destroyed until the work is complete, as provided in this section. No work is complete or deemed to be complete unless and until: (1) the permittee has given written notice to the health officer that the work is ready for final inspection, and (2) the final inspection is made or waived by the health officer or his designee, and (3) the permittee has provided the health department with a copy of the well drilling log.

(Ord. 94-13 § 1 (part), 1994)

1. A well subject to this chapter which is constructed, repaired, modified, operated, abandoned or destroyed contrary to the provisions of this chapter is declared to be a public nuisance. If a violation of this chapter occurs, the health officer shall issue a stop order directing that the violation cease immediately. The order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of law or conditions of approval upon which the health officer based his determination. The order may include a statement of any corrective action necessary to abate the condition. The order shall: (1) direct that the condition constituting the violation be abated within ten days after the notice is posted and (2) state that in the event the owner fails to abate the condition, the health officer may abate the condition at the owner's cost as provided in this chapter. If the health officer determines that the work has proceeded without a required permit, the order shall so state and shall direct that application for the permit be immediately made to the Department of Public Health. The order shall be prominently posted at the site of the work and shall be sent by registered or certified mail to the owner of the site, as determined from the latest assessment roll, and by regular mail to any well driller engineer, contractor or equipment operator known to the health officer to have done the work or caused it to be done. If the health officer determines that the work is being performed under the authorization of or pursuant to an approval by a public agency, other than Del Norte County, which has jurisdiction to regulate the work, he shall refer the matter to the agency con cerned.

   2. If the owner abates the condition or causes it to be abated or applies for a permit within ten days of the posting of the stop order and to the satisfaction of the health officer, he may rescind the stop order by posting and mailing a notice of rescission of stop order in the manner provided in subsection A of this section.

• (Ord. 94-13 § 1 (part), 1994)

1. If a condition referred to in a stop order is not abated within ten days of the posting of the order, the board of supervisors may hold a hearing to determine whether the condition should be abated by the county and whether the cost of such abatement shall be specially assessed against the parcel of land where the work occurred which caused the condition. Notice of the purpose, date, time and place of the

hearing shall be sent by registered or certified mail to the owner of the parcel and by regular mail to all other persons to whom the stop order was mailed. The notice shall be given no less than five days before the hearing.

2. At the hearing the owner or his agent may appear and present evidence and reasons why the cost of such abatement should not be specially assessed against the parcel.

3. At the conclusion of the hearing, the board may order the condi tion abated by the health officer and may order the cost of such abatement to be specially assessed against the parcel.

(Ord. 94-13 § 1 (part), 1994)

1. The health officer may order and cause the immediate abatement of any condition without notice if he finds that the public health, safety or welfare are immediately threatened or endangered by the condition and the circumstances require abatement before the owner can be notified of the condition, or if so notified, before abatement can be accomplished by the owner.

2. A complete report shall be rendered by the health officer to the board of supervisors at its next regular meeting. The board may hold a hearing under the provisions of Section 7.32.100 to determine whether the cost of such emergency abatement should be specially assessed against the parcel where the work occurred which caused the condition.

(Ord. 94-13 § 1 (part), 1994)

1. If the board of supervisors determines after the hearing that the cost of abatement performed under Section 7.32.100 or 7.32.110 or both, shall be specially assessed against the parcel, the assessment shall be collected at the same time and in the same manner as county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for county taxes.

2. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment, except that if any real property to which such cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bond fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the cost of abatement shall not result in a lien against the property but instead shall be transferred to the unsecured roll for collection.

(Ord. 94-13 § 1 (part), 1994)

Any person who does, permits or causes any work to be done in violation of this chapter, or who abandons any well without first complying with this chapter, is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment A separate offense is committed upon each day or portion thereof during or on which a violation occurs or continues.

(Ord. 94-13 § 1 (part), 1994)

The remedies provided in this chapter are cumulative and not exclusive. Nothing in this part bars any legal, equitable, administra tive or summary remedy to which any aggrieved person or Del Norte County may otherwise be entitled. The county counsel may, and if so directed by the board of supervisors, shall bring any appropriate civil action to abate, enjoin, prevent or correct any violation of this chapter or to collect the cost of any abatement actions performed by the county.

(Ord. 94-13 § 1 (part), 1994)