Imperial County Municipal Code Ch. 2 Permits

A. Conditional Use Permit. No person shall (1) drill a new well, (2) activate a previously drilled but unused well, (unused shall mean a well or wells that have not been used for a twelve-month period by installing pumps, motors, pressure tanks, piping, or other equipment necessary or intended to make the well operational, (3) increase the pumping capacity of a well, or (4) change the use of a well, without first obtaining a conditional use permit (CUP) through the county planning and development services department.

The pumping capacity shall mean the "permitted amount" or in the absence of a permit the annual acreage, over three-year period.

Notwithstanding the above, a CUP is not required prior to drilling the following types of wells.

1. A test/monitoring/research well where no continued water use will result. Upon completion of the tests, the well shall be sealed/abandoned in compliance with the most current edition of State Water Resources Control Board Bulletin #74-81;

2. Any new well which will replace an existing inoperable well, provided that the inoperable well is serving an existing water user and is already properly permitted through the CUP process and provided the replacement well shall be the same or smaller size, diameter, and capacity as measured by gallons per minute ("GMP") as the inoperable well. In an emergency and even if the inoperable well was not permitted, the director may approve replacing a well provided that the replacement well meets the requirements for the last approved CUP and does not exceed one acre feet per year.

3. A well that is drilled by or for the Department of Fish and Wildlife provided; however, that they shall register each such well with the planning and development services department.

B. Well Construction Permit. No person shall dig, bore, drill, deepen, enlarge, refurbish, or destroy a water well, cathodic protection well, observation well, monitoring wells or any other excavation that may intersects ground water without first obtaining a well construction permit through the planning and development services department. As a prerequisite to applying for a water well construction permit, the planning and development services department shall first determine whether a conditional use permit is required.

(Ord. 1415 § 324, 2006)

(Ord. No. 1587, §§ 2, 3, 12-5-23)

A. Project Information. The application for both a CUP and/or a construction permit shall be made to the planning and development services department on the forms approved or provided by the department and shall, at a minimum, contain the following information:

1. Site plan drawn to scale:

a. Location of well on property,

b. Size of property (all dimensions),

c. Distance from well to all property lines,

d. Distance from well to all septic/leach fields,

e. Distance from well to all structures,

f. All intermittent or perennial natural or artificial bodies of water or water sources,

g. The approximate drainage pattern of the property,

h. Other wells,

i. Structures—Surface or subsurface;

2. Location of property, Assessor's Parcel Number;

3. Name of person who will construct the well;

4. The proposed minimum and proposed maximum depth of well;

5. The proposed minimum depth and type of casings and maximum depths of perforation to be used:

a. Pump type,

b. Size (diameter/horsepower),

c. Gpm capacity,

d. Water pressure;

6. The proposed use of well;

7. Other information as may as necessary to determine if groundwater will be adequately protected.

B. Filing Fee(s). A filing fee shall be paid by the applicant. Said fee shall be as set forth in the Codified Ordinances of the county of Imperial. No filing or permit fee shall be required to abandon or destroy a well.

C. Emergency Work. In an emergency in order to maintain drinking water or agricultural supply systems as determined by the planning director, the following procedures shall apply:

1. Permittee shall notify the planning and development services department that an emergency exists that necessitates the immediate repair or replacement of a well or associated water system. Permittee shall provide all pertinent information as to why it is an emergency.

2. Permittee shall within seventy-two (72) hours apply for and obtain all required permits.

3. Permittee will demonstrate by providing logs or other reports that all work performed was in conformance with all regulations and standards as designated herein, and will further report or correct any part of the system that does not comply with this division, other applicable laws or codes.

(Ord. 1415 § 326, 2006)

A. Limitation. When the enforcement agency issues or otherwise approves a conditional use permit or well construction permit, pursuant to this division, it may condition the permit in any manner necessary to carry out the purposes of this division.

B. CEQA Review. The processing of a conditional use permit and/or a well construction permit shall be in compliance with the California Environmental Quality Act (CEQA) and Imperial County's rules and regulations to implement CEQA, as amended.

C. Performance Bond. The enforcement agency may require such bond or other security as determined necessary to assure compliance with this division.

D. License Required. All construction, reconstruction or destruction work on wells shall be by a person/firm who possesses an active California Contractor's license in accordance with Business and Professions Code, Section 7000 et seq.

E. Disposal of Drilling Fluids/Materials. The well driller shall be required to provide for the safe and appropriate handling and disposal of all drilling fluids or other drilling materials associated with the permitted project.

F. Abandoned Wells. As a condition to any approval for a permit for the construction or reconstruction of a well, any abandoned well(s) on the property shall be destroyed in accordance with the standards provided in this division.

G. Posting of Permit. It shall be the responsibility of the well driller to maintain a copy of the approved permit on the drilling site during all stages of construction or destruction of a well and have then available for general inspection.

H. Provide Copies. It shall be the responsibility of the well driller to maintain and provide copies to the planning and development services department, public works department and environmental health department of all drilling logs, testing reports and/or abandonment logs.

(Ord. 1415 § 328, 2006; prior code § 92102.02)

The enforcement agency shall deny any application for a permit if, in its judgment, issuance of a permit is not in the public interest, violates health and safety concerns, or in compliance with the intent of this division.

(Prior code § 92102.03)

The permittee shall commence work authorized by the permit within one hundred eighty (180) days from the effective date of issue and shall complete the work within one year from date issued. The enforcement agency may grant a one-time extension for a period of up to one year if requested in writing by applicant at least sixty (60) days prior to the expiration of the permit.

All permits that have not received a final inspection approval from the enforcement agency within one year from date of issue shall expire unless an extension is granted by the planning and development services department. If a permit has expired, no further work shall be done until a new permit is requested, approved, and issued to applicant.

(Ord. 1415 § 330, 2006)

A. Circumstances for such action. Enforcement agency may suspend or revoke any permit issued pursuant to this division, whenever it finds that the permittee has violated any of the provisions of this division, or has misrepresented any material fact in his or her application or any supporting documents for such a permit. Prior to ordering any such suspension or revocation, the enforcement agency shall give permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the enforcement agency, the director, or his or her designated representative.

B. Consequences. No person whose permit has been suspended or revoke shall continue to perform the work for which the permit was granted until, in case of suspension, such permit has been reinstated by the enforcement agency.

C. Additional Work. Upon suspending or revoking any permit, the enforcement agency may order permittee to perform any work reasonably necessary to protect the ground water from pollution or contamination, if any work already done by permittee has left a well in such a condition as to constitute a hazard to the quality of the ground water. No permittee or person who has obtained a permit issued pursuant to this division shall fail to comply with such order.

(Prior code § 92102.05)