Fresno County Municipal Code Ch. 14.04 Well Regulations—general Provisions

The Board of Supervisors of the County declares and finds that it is necessary for well construction, pump installation and well destruction standards be established to protect persons from contaminated or polluted water, and to maintain groundwater quality.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

This chapter and Chapter 14.08 shall apply to the construction, repair, reconstruction, change of use or destruction of any well as hereinafter defined or the installation, or reinstallation, of any pump used or to be used for domestic, industrial, commercial or agricultural purposes.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

A. "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. 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 purposes of:

a. Dewatering excavation during construction, or

b. Stabilizing hillsides or earth embankments.

3. Springs.

B. "Community water well" means a well used to supply water for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code. (This definition includes wells commonly referred to as "municipal wells" or "city wells".)

C. "Individual domestic well" means a well used to supply water for domestic needs of a residential unit or commercial establishment.

D. "Industrial well" means a well used to supply water for industry or an individual as distinguished from a community basis.

E. "Agricultural well" means a well used to supply water for irrigation or other agricultural purposes, including so-called "stock wells."

F. "Recharge or injection wells" means wells constructed to introduce water into the ground as a means of replenishing groundwater basins, repelling the intrusion of seawater or disposing of waste water.

G. "Air-conditioning wells" means wells constructed to return to the aquifer water which has been used as a coolant in air-conditioning processes. Because the water introduced into these wells is degraded (from the standpoint of temperature), such wells are construed as waste discharges and are, therefore, subject to the water quality control laws (Division 7 of the Water Code and Division 5 of the Health and Safety Code).

H. "Horizontal wells" means water wells drilled horizontally or at an angle with the horizon (as contrasted with the common vertical well. This definition does not apply to horizontal drains or "wells" constructed to remove subsurface water from hillsides, cuts, or fills to prevent or correct conditions that produce landslides.

I. "Observation and monitoring wells" means wells constructed for the purpose of observing or monitoring groundwater conditions.

J. "Test wells" means wells constructed for the purpose of obtaining the information needed to design a well prior to its construction. Such wells are to be distinguished from "test holes" or "exploration holes" which are temporary in nature (i.e., uncased excavations whose purpose is the immediate determination of existing geologic and hydrologic conditions).

K. "Inactive or standby wells" means a well not routinely operating but capable of being made operable with the placement of a pump.

L. "Contamination" means the impairment of a quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

M. "Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

1. Such waters for beneficial uses; or

2. Facilities which serve such beneficial uses. Pollution may include contamination.

N. "Person" means any person, firm, corporation, or governmental agency subject to the jurisdiction of the County.

O. "Order of abatement" means both mandatory and prohibitory orders requiring or prohibiting one or more acts; said term shall also include those orders effective for a limited, as well as an indefinite, period of time and shall include modification or restatements of any order.

P. "Abatement" means the construction, reconstruction, repair or destruction of a well so as to eliminate a nuisance caused by a well polluting or contaminating groundwater.

Q. "Health officer" means the Director of the Department of Public Health or their duly authorized representative.

R. "Cathodic protection well" means any artificial excavation 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.

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

T. "Pump installation" Means the setting of a pump on any domestic, industrial, commercial or agricultural well, except that it shall not apply to the resetting of a pump on an agricultural well.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 0-83-008, § 1; Ord. 470-A-39, § 1, 1974)

The general provisions set forth in this chapter shall apply to this chapter and Chapter 14.08.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

A. No person, as principal, owner, servant, agent or employee, shall dig, drill, or drive, repair or destroy any (water) well regardless of whether the well is to be used for domestic, irrigation, testing, geophysical or cathodic protection or other practices, without having a valid, unrevoked or unsuspended permit to do so, issued by the Department of Public Health.

B. Except as provided in subsection F of this section, the health officer shall issue the permit when they find that the location of the proposed well and other circumstances relating thereto, or other work to be done, is such that it will not constitute a health hazard and can be accomplished in accordance with the provisions of Chapters 14.04 and 14.08 of this title. In the event that the health officer determines that the proposed well or work to be done will constitute a health hazard or cannot be done in accordance with Chapters 14.04 and 14.08, they shall deny the permit.

C. Fees charged for wells shall be posted on the County website. To encourage well destructions and protect our ground water, when well destructions are sealed at the same time as a new well on the same parcel, requiring a single inspection for both, the well destruction fee shall not be charged.

D. Inspections may be made by the health officer at any time during construction, reconstruction, repair or destruction of (water) wells to ensure compliance with the requirements of this chapter, Chapter 14.08 and state statutes applicable to such construction, reconstruction, repair or destruction of (water) wells. After the work has been completed, the health officer shall be notified by the person performing the work and the Department of Public Health shall make a final inspection thereof. The health officer shall inspect injection wells used for industrial waste four times a year. The health officer shall inspect all other injection wells once a year.

E. No property owner shall be denied the right to install a well or pump upon his or her own property, excepting as provided under Chapter 14.09.

F. Before issuing any permit to destroy any water well, the health officer shall determine whether the well is within an area that would benefit from additional groundwater monitoring wells. If the well is within such an area, then the health officer shall immediately refer the permit to the water and natural resources manager of the Department of Public Works and Planning, who shall immediately give written notice to the groundwater sustainability agency with jurisdiction over the area where the well is located. The written notice shall specify that the groundwater sustainability agency has five County business days in which to respond and state whether it intends to pursue conversion of the well to groundwater monitoring in lieu of destruction.

1. If the written response from the groundwater sustainability agency is that it does not so intend, or if the groundwater sustainability agency does not respond in writing within five County business days, then the Department of Public Works and Planning shall immediately return the permit to the health officer for further processing as provided in this section 14.04.050.

2. If the written response from the groundwater sustainability agency is that it does intend to pursue conversion of the well to groundwater monitoring in lieu of destruction, then the property owner shall immediately cover the well with a locked watertight cap or other secured means, and the groundwater sustainability agency has sixty days in which to do all of the following: (a) negotiate with the property owner; (b) execute a written agreement for maintenance of the well by the groundwater sustainability agency, which agreement must also provide that when the well is no longer useful as a monitoring well, it shall be destroyed; (c) obtain an easement for maintenance access; and (d) provide copies of fully executed to the health officer. If the groundwater sustainability agency fails to do all of those things within the sixtyday period, then the Department of Public Works and Planning shall immediately return the permit to the health officer for further processing as provided in this section 14.04.050.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 89-00 1 § 1; Ord. 0-83-008, § 2; Ord. 470-A-39, § 1, 1974; Ord. No. 18-004, § 1, 3-20-2018)

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed within one-hundred eighty days following the issuance of the permit. An extension, not to exceed sixty days may be granted by the health officer if requested prior to the expiration of a permit upon a finding that such work could not be completed for causes beyond the control of the permittee. One additional extension, not to exceed another ninety days, may be granted for well constructions or destructions only in areas directly affected by a declared state of emergency that prevent wells in these areas to be completed before the expiration date.

B. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction, repair, reconstruction or destruction of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

A. A permit issued hereunder may be revoked or suspended by the health officer as hereinafter provided if he determines that a violation of this chapter or Chapter 14.08 exists, and the permittee fails to correct such violations within thirty days after the date of written notice via mail or email of the violation notice.

B. A permit may be revoked or suspended by the health officer if he determines that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation.

C. Stop Work Order. Whenever any well construction, destruction, pump installation or well repair work is being done contrary to the requirements of this chapter or Chapter 14.08, the health officer shall order work stopped by posting a notice to desist at the well site. No further work shall be done until the health officer deems that the necessary corrections have been made.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. No. 13-016, § 1, 8-2-2013; Ord. 470-A-39, § 1, 1974)

The health officer may grant administrative variance from any standard set forth in Chapter 14.08 where evidence is submitted that an unusual circumstance exists is particular case whereby an unnecessary hardship would result from the application of the standard are that the granting of the variance will not cause a hazardous condition or endanger the public health.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

In the event of:

A. Unusual geologic or groundwater conditions which necessitate standards more restrictive than those required herein; or

B. The drilling of test holes, observation wells, exploratory holes or saltwater (hydraulic) barrier injections, the health officer may impose additional or substitute standards consistent with the purpose of this chapter and Chapter14.08.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

Wells shall be constructed and pumps installed by contractors licensed in accordance with the provisions of the Contractors License Law of the State of California (Chapter 9, Division 3, of the Business and Professions Code) unless exempted by that act. Nothing herein contained shall be construed so as to prevent a resident or owner from doing his own work.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

A copy of the water well driller's report shall be filed with the health officer not later than thirty days of the completion of any well as provided in Chapter 14.08. Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Division 7, Chapter 10, Article 3 of the Water Code of the State of California.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 0-83-008, § 3; Ord. 470-A-39, § 1, 1974)

Editor's note— Ord. No. 13-016, § 2, adopted August 2, 2013, repealed §§ 14.04.120—14.04-140. Former § 14.04.120 pertained to the water well appeals board and derived from Ord. 0-83-008, § 4; Ord. 596, § 1, adopted 1977; and Ord. 470-A-39, § 1, adopted 1974. Former § 14.04.130 pertained to appeal from denial, revocation, or suspension of permit or an order of abatement, and derived from Ord. 470-A-39, § 1, adopted 1974. Former § 14.04.140 pertained to abatement of nuisance and derived from Ord. 470-A-39, § 1, adopted 1974.

It is unlawful for any person to construct, repair or reconstruct a well, destroy any well or set a pump in violation of any provisions of this chapter or Chapter 14.08.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)

The penalty for violation of any of the provisions of this chapter or Chapter 14.08 shall be as prescribed in Section 1.12.010. The provisions of this chapter and Chapter 14.08 may also be enforced by injunction issued out of the Superior Court upon suit of the County or the owner or person in possession of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.

(Ord. No. 24-020, § 1, 12-17-2024; Ord. 470-A-39, § 1, 1974)