Kern County Municipal Code Art. II Permits, Registration, Reports and Fees

Except as otherwise provided, it is unlawful for any person or contractor acting on his behalf to construct, reconstruct, deepen or destroy any well described in Section 14.08.116 or cause any of these acts to be done without first having filed a valid application for a permit with the department and having received approval to begin work.

Every permit shall be deemed to be conditioned upon compliance with the requirements of Article III of this chapter, except that permits issued to construct, reconstruct, deepen or destroy cathodic protection wells and hazardous material monitoring wells shall be deemed to be conditioned on compliance with the respective reference documents specified in Sections 14.08.220 and 14.08.230.

The safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work shall be required as a condition of the permit.

Any abandoned wells located on the property for which a permit to construct or reconstruct a well has been issued shall be destroyed in accordance with the standards provided in Section 14.08.360 as a condition of that permit.

It shall be the responsibility of the permittee to maintain a copy of the permit on the drilling site during all stages of construction or destruction.

The health officer may prescribe additional permit conditions if the health officer determines that they are required to prevent degradation of underground waters as provided for in Section 14.08.010.

(Ord. G-6906 § 6, 2002: Ord. G-6776 § 3, 2001: Ord. G-5356 § 2, 1990: Ord. G-5006 § 2 (part), 1989)

All persons as defined herein (hereinafter referred to as "well contractors") who intend to engage in the construction, deepening, reconstruction or destruction of wells as defined in Section 14.08.116 which are located within the county, must first register with the department and furnish a copy of their current California water well contractor's license (Class C-57) and a certificate of insurance covering both workers' compensation, public liability and property damage. Well contractors must give the department written notice within fifteen (15) days of any suspension, or revocation of either their license or appropriate insurance coverage. No permits will be issued to any well contractor who fails to meet both license and insurance requirements as set forth above.

(Ord. G-6906 § 7, 2002: Ord. G-6776 § 4, 2001: Ord. G-5006 § 2 (part), 1989)

A permit issued pursuant to this article shall expire one year after date of issuance if the work has not been started and reasonable progress toward completion is not maintained, except that the health officer may extend the expiration date of a permit when warranted.

(Ord. G-7417 § 2, 2006: Ord. G-5006 § 2 (part), 1989)

The department has adopted a published schedule of fees to be paid by the permit applicant to cover the cost of processing the permit application and field inspections. Additional costs related to extended service or tests incidental to issuance of any permit pursuant to this article will be charged to the permit applicant. Such fees are subject to the approval of and modification by the board of supervisors. All fees must be submitted to the department with the application for a permit.

(Ord. G-7417 § 3, 2006: Ord. G-5006 § 2 (part), 1989)

Any person who has drilled, dug or bored a well for which a permit was issued shall, within sixty (60) days after completion of drilling, digging or boring of such excavation, furnish the health officer with a report of such excavation. A copy of the "Report of Completion" (Water Well Driller's Report, Department of Water Resources Form (188) required by California Water Code Section 13751 shall satisfy this requirement. The report shall include soil/lithologic log, E-log (if made), information concerning the type of casing, the depth of the excavation, the number and location of the perforations in the casing, the location, depth and type of materials used in the sealing off strata, chemicals used in drilling, and any other data required by the health officer.

(Ord. G-7417 § 4, 2006: Ord. G-5356 § 3, 1990: Ord. G-5006 § 2 (part), 1989)

A. Application for a permit required by Section 14.08.120 of this article shall be made to the department. Such application shall be on forms furnished by the department and shall provide all information required by the department pertaining to the project. Every application shall be signed by the owner, or the authorized agency of the owner.

B. The following information shall be furnished:

1. Owner's name, address and telephone number;

2. Whether the intended use of the well is for domestic purposes, agricultural, grounding, observation, cathodic protection, monitoring, or for any other purpose or combination of purposes regulated by this chapter;

3. Location of well by reference to street address, nearest streets or crossroads or other significant features and by reference to section, township and range. The quarter of the quarter section to contain the well shall also be identified. An example would be the SW ¼ of the NE ¼ of Section 24, T27S, R24E, or using the California Department of Water Resources letter location system, 27S/24E-24G;

4. The assessor's parcel number (APN);

5. Dimensioned plot plan indicating north direction, distances and locations of existing and proposed structures, sewers or sewage disposal systems, other wells, any other potential source of contamination or degradation on the property or adjacent properties within two hundred (200) feet of the well or proposed well;

6. Well drilling contractor's or subcontractor's name, address, and their contractor's C-57 license number and telephone number;

7. Nature of the work to be done, whether construction, reconstruction, destruction or other work, and, in the case of construction or reconstruction, the method to be used, whether cable tool, rotary, reverse flow or other method;

8. Estimated depth of well when completed;

9. Diameter, thickness and type of casing;

10. Significant feature of well (e.g., conductor casing, gravel, pack, sealing or perforation locations).

C. In addition to the foregoing, the department may require such other and further information relevant to the project as it may deem necessary to determine whether the public purposes expressed in Section 14.08.010 of this chapter require the denial of the permit or the imposition of further conditions.

D. If the well is to be located on a lot less than 2.5 acres (net) in size, the applicant must submit with the application, a predevelopment plan. This plan must delineate the proposed location of all structures and improvements, sewage disposal facilities, area reserved for alternate sewage disposal system and all potential sources of contamination even on adjacent lots within two hundred (200) feet of the proposed well site. It shall be the responsibility of the permit applicant to prepare a plan that demonstrates the proposed well will not prohibit the free and equal use of the adjacent properties.

E. Copies of an issued permit shall be forwarded by the department to the applicant. Notification of an issued permit shall be forwarded to the county building inspection department, the county assessor's department and the county water agency.

(Ord. G-6776 § 5, 2001; Ord. G-5006 § 2(part), 1989)

A permit may be denied for any of the following:

A. Failure to supply any information required by or requested pursuant to Section 14.08.170 which is known to, or by the exercise of reasonable diligence, can be acquired by, the applicant;

B. Failure to obtain required approvals from the county departments having permit approval authority concerning water wells.

C. Failure to submit fees with application;

D. Failure to meet requirements of Section 14.08.130 governing registration;

E. Failure to comply with Section 14.08.190 governing setbacks from pollution sources, except if a variance has been granted by the health officer pursuant to Section 14.08.380.

(Ord. G-7417 § 5, 2006; Ord. G-5006 § 2 (part), 1989)