Kern County Municipal Code Art. I Purpose and Definitions

A. It is the purpose of this chapter to provide for the design, construction, reconstruction, abandonment, and destruction of: (1) wells defined herein as air conditioning, domestic, agricultural, cathodic protection, industrial, hazardous material monitoring, monitoring and observation, and grounding; (2) geophysical test holes; and (3) test wells; in such a manner that the groundwater of this county will not be degraded, contaminated or polluted, and that water obtained for beneficial uses will not jeopardize the health, safety, or welfare of the people of this county.

B. In addition, it is the purpose of this chapter to provide for the design, construction, and modifications of public and nonpublic water systems, and the permitting of the same, to assure an adequate supply of pure, wholesome and potable water for the users. Nothing in this chapter shall be interpreted as abrogating any more restrictive requirements of other governmental agencies or state law.

(Ord. G-5006 § 2 (part), 1989)

Except where the context otherwise requires, the definitions set forth in the following sections shall apply throughout this chapter.

(Ord. G-5006 § 2 (part), 1989)

"Abandoned well" means a well not equipped with operable pumping equipment, which has not been used for a period of one (1) year and which has not been declared to be an "out of service well." Such well must be destroyed in accordance with Section 14.08.360.

(Ord. G-5006 § 2 (part), 1989)

"Agency" means the county water agency or any other public agency or county department designated by the board of supervisors as the county's authorized representative and delegated the responsibility of administering any of the provisions of this chapter.

(Ord. G-5006 § 2 (part), 1989)

"Agricultural well" means a well used primarily to supply water for irrigation, livestock or other agricultural purposes. Any domestic water service shall be only incidental to the primary agricultural purpose.

(Ord. G-5006 § 2 (part), 1989)

"Air conditioning well" means a well used to return to the ground water which has been used in a closed system as a coolant in air conditioning processes, or as a heating agent.

(Ord. G-5006 § 2 (part), 1989)

"Annular seal" means the placement of impervious material in the annular space to prevent the flow of water across or along the annular space.

(Ord. G-5006 § 2 (part), 1989)

"Annular space" means the void between the wall of the well bore and the conductor casing, and between the conductor casing and the well casing, and between the well bore and the well casing.

(Ord. G-5006 § 2 (part), 1989)

"Aquifer" means a geologic formation that transmits water in sufficient quantity to supply pumping wells or springs.

(Ord. G-5006 § 2 (part), 1989)

"Bulletin 74-81" means the Department of Water Resources Bulletin No. 74-81, "Water Well Standards: State of California."

(Ord. G-5006 § 2 (part), 1989)

"Bulletin 74-1" means the Department of Water Resources Bulletin No. 74-1, "Cathodic Protection Well Standards: State of California."

(Ord. G-5006 § 2 (part), 1989)

"Bulletin 74-90" means the Department of Water Resources Bulletin No. 74-90 (Supplement to Bulletin 74-81), "California Well Standards."

(Ord. G-6906 § 2, 2002)

"Cathodic protection well" means any artificial excavation in excess of fifty (50) feet deep constructed by any method for the purpose of installing equipment or facilities for the reduction of corrosion of metallic structures and equipment in contact with the ground, commonly referred to as "cathodic protection."

(Ord. G-5006 § 2 (part), 1989)

"Contamination" means an impairment of the quality of the waters of the state to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of waste. Contamination may include "pollution."

(Ord. G-5006 § 2 (part), 1989)

"Construction" means the excavation by digging, drilling or other means of the bore of a well and includes, but is not limited to, excavation, installation of casing, placement of gravel, perforation of casing in place, installation of annular seals and sealing off strata.

(Ord. G-5006 § 2 (part), 1989)

"Degradation" means the unreasonable impairment of the quality of water by contaminants, pollutants or natural phenomena which adversely affects the beneficial uses of such water.

(Ord. G-5006 § 2 (part), 1989)

"Department" means the county public health services department, acting through its environmental health division unless otherwise specified.

(Ord. G-5006 § 2 (part), 1989)

(Ord. No. G-8006, § 36, 1-26-10)

"Destroyed well" means a well that has been destroyed in accordance with the requirements of this chapter (Section 14.08.360).

(Ord. G-5006 § 2 (part), 1989)

"Disposal well" means a well used for the disposal of unusable liquids.

(Ord. G-5006 § 2 (part), 1989)

"Distribution system" means all facilities used by a domestic water supplier to deliver water from the source or related treatment facilities to the user connections.

(Ord. G-5006 § 2 (part), 1989)

"Domestic water" means that water plumbed to a dwelling or structure which is intended to be used for, but not limited to, drinking, food preparation, dish washing and bathing. Domestic water must also be potable as defined in Section 14.08.090.

(Ord. G-5006 § 2 (part), 1989)

"Furnish" means to supply.

(Ord. G-5006 § 2 (part), 1989)

"Geophysical test hole" means any artificial excavation in excess of fifty (50) feet deep constructed by any method for the purpose of determining subsurface geologic conditions.

(Ord. G-5006 § 2 (part), 1989)

"Grounding well or terminal well" means any artificial excavation in excess of fifty (50) feet deep constructed by any method for the purpose of installing grounding anodes or grounding terminals for any surface or subsurface equipment which is operated by or influenced by electricity or for any other grounding purposes.

(Ord. G-5006 § 2 (part), 1989)

"Hardrock" means consolidated formation (crystalline or metamorphic rock).

(Ord. G-5006 § 2 (part), 1989)

"Hazardous materials" means all the following liquid and solid substances:

A. Substances on the list prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code of the state of California;

B. Hazardous substances, as defined in Section 25316 of the Health and Safety Code of the state of California;

C. Any substance or material which is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a class II combustible liquid or a class III-A combustible liquid.

(Ord. G-5006 § 2 (part), 1989)

"Hazardous material monitoring well" means any artificial excavation constructed by any method to extract water or vapor samples, or to install instruments or equipment to detect, measure, record or otherwise monitor or observe the level, chemical constituency or similar characteristics of the groundwater beneath or within two hundred (200) feet of a hazardous material site as defined in Section 14.08.068.

(Ord. G-5006 § 2 (part), 1989)

"Hazardous material site" means a location where hazardous materials are, or have been, handled, treated, stored or disposed.

(Ord. G-5006 § 2 (part), 1989)

"Health officer" means the health officer of the county or his duly authorized representatives. Such authorized representatives may include the agency or any other public agency designated by the board of supervisors as the county's authorized representative and delegated the responsibility of implementing and administering any of the provisions of this chapter.

(Ord. G-5006 § 2 (part), 1989)

"Industrial well" means a well whose primary purpose is to supply water to industry on an individual basis.

(Ord. G-5006 § 2 (part), 1989)

"Monitoring and observation well" means any artificial excavation constructed by any method to extract water or vapor samples, or to install instruments or equipment to detect, measure, record or otherwise monitor or observe the level, chemical constituency or similar characteristics of the groundwater. "Monitoring and observation well" does not mean wells constructed for the purpose of monitoring the presence of groundwater which has adversely affected, or threatens to adversely affect, crop root zones (perched water).

(Ord. G-5006 § 2 (part), 1989)

A "nonpublic domestic well or water system" means a well or system used to supply domestic water to more than one (1) and less than five (5) service connections.

(Ord. G-5006 § 2 (part), 1989)

"Nuisance" means any use or condition of property or portion thereof, including structures, wells, etc. located thereon, which is unsafe, injurious to health or which can contribute to groundwater degradation.

(Ord. G-5006 § 2 (part), 1989)

"Out of service well" means a well that has not been used for a period of one (1) year and which complies with the provisions of Section 14.08.370.

(Ord. G-5006 § 2 (part), 1989)

"Owner" means the person(s) who is listed on the last equalized property tax assessment role as the owner of the land on which the well is located, or the person(s) who has a legal possessory interest in such land, whether by lease, easement or other legal claim.

(Ord. G-5006 § 2 (part), 1989)

"Perched water" means water in a local zone of saturation held above the main body of groundwater by a relatively impermeable stratum. (Water in this zone is generally unpotable.)

(Ord. G-5006 § 2 (part), 1989)

"Person" means any individual, company, contractor, firm, corporation or partnership, municipality, public entity or other public body or institution or association of persons.

(Ord. G-6776 § 2, 2001: Ord. G-5006 § 2 (part), 1989)

"Pollution" means degradation of the quality of waters of the state by contaminants, pollutants or natural phenomena to a degree which unreasonably affects: (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. "Pollution" may include "contamination."

(Ord. G-5006 § 2 (part), 1989)

"Potable water" means water which is safe for drinking, culinary and domestic purposes and meets all requirements of the health officer.

(Ord. G-5006 § 2 (part), 1989)

"Private domestic well" means a well used to supply water for the domestic needs of an individual residence or structure.

(Ord. G-5006 § 2 (part), 1989)

"Public domestic well or water system" means any well or system used to supply or convey water for domestic needs to fifteen (15) or more service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

(Ord. G-6906 § 3, 2002: Ord. G-5006 § 2 (part), 1989)

"Purveyor" means any person that furnishes or supplies domestic water to users from any source. This includes serving a minimum of two (2) connections and a maximum of one hundred ninety-nine (199) connections. "Purveyor" also includes those persons that supply domestic water for public use or use a private domestic water supply in the operation of a business.

(Ord. G-5006 § 2 (part), 1989)

"Recharge well" means a well used to introduce water into the ground as a means of replenishing groundwater aquifers or basins or impeding the migration of poor quality water within the groundwater basin.

(Ord. G-5006 § 2 (part), 1989)

"Reconstruction" means any alteration, repair, restoration, addition or subtraction of a well bore, the casing gravel pack, annular seals, surface seals, conductor casing or well casing or perforations. (This shall not include merely "blowing out" of the perforations.)

(Ord. G-5006 § 2 (part), 1989)

A "service connection" means a connection between a domestic water main and a user connection.

(Ord. G-5006 § 2 (part), 1989)

"Source facilities" means all components of the facilities used in the production, treatment, storage and delivery of water to a domestic water distribution system.

(Ord. G-5006 § 2 (part), 1989)

"State small water system" means a system for the provision of piped water to the public for human consumption that serves at least five (5), but not more than fourteen (14), service connections and does not regularly serve drinking water to more than an average of twenty-five (25) individuals daily for more than sixty (60) days out of the year.

(Ord. G-6906 § 4, 2002)

"Test well" means a well constructed for the purpose of obtaining the information needed to design a well prior to its construction or to determine the availability of water in an area.

(Ord. G-5006 § 2 (part), 1989)

A "substandard water system or well" means any water system or well which is constructed or operated in an unsafe manner or in violation of any law, ordinance, regulation, department rule or order.

(Ord. G-5006 § 2 (part), 1989)

"User connection" means the connection of a user's piping to the water purveyor's facilities.

(Ord. G-5006 § 2 (part), 1989)

A "user" means any person, as defined herein, using water for domestic purposes.

(Ord. G-5006 § 2 (part), 1989)

"Water Flow Meter" means a county approved electronic or mechanical device designed to accurately measure water flow, volume and quantities in gallons or any portion thereof that accurately registers the quantity of water produced from the water well to which it is connected or a functionally equivalent device or method for water measurement, as approved by the environmental health director.

(Ord. No. G-8726, § 2, 7-11-17)

"Water quality" means the chemical, physical, biological, bacteriological, radiological and other properties and characteristics of water affecting its beneficial use.

(Ord. G-5006 § 2 (part), 1989)

A "well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, or used for the purposes of observation or monitoring of the groundwater basin, or for cathodic protection, or as a grounding terminal. This definition shall not include:

A. Any well constructed or converted under the jurisdiction of the Department of Conservation of the state of California, (Division of Oil and Gas) except those wells converted for use as water wells;

B. Wells used for the purpose of:

1. Dewatering excavations during construction, or

2. Stabilizing hillsides or earth embankments;

C. Springs;

D. Disposal and injection wells constructed or converted under the jurisdiction of the California Water Quality Control Board or the Environmental Protection Agency underground injection control program.

E. Piezometer(s).

(Ord. G-6906 § 5, 2002: Ord. G-5006 § 2 (part), 1989)