Article VIII — REGULATION OF WELLS AND PRESERVATION OF GROUNDWATER

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

(Ord. No. 1823, § 1, 4-25-89)

No person, shall construct, repair, reconstruct, destroy or abandon any well, monitoring well, or cathodic protection well within the unincorporated area of Lake County unless a well permit has first been obtained from the Health Officer. In emergency situations involving an existing agricultural or public water system well, where immediate work on or replacement of such existing well is necessary to prevent interruption of service, verbal approval to commence work can be given by the Health Officer or his designee with the above required permit to be obtained during the next regular County working day.

(Ord. No. 1823, § 1, 4-25-89)

(Ord. No. 2998, § 1, 1-28-2014)

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

(a)

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

(b)

Bailing of a well is the mechanical removal of water and/or sediments to the original depth of a well, done as part of maintenance of a well.

(c)

Cathodic protection well means any artificial excavation 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.

(d)

Contamination is any physical, chemical, biological or radiological 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.

(e)

Improperly sealed well means any well which has been demonstrated not to have an adequate annular seal or sanitary seal.

(f)

Individual domestic well means a well used to supply the drinking water needs of an individual residence or commercial establishment not classified as a Public Water System.

(g)

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

(h)

Monitoring well means any artificial excavation, over ten (10) feet in depth or penetrating the first confining layer by any method, for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in underground waters.

(i)

Person shall include an individual, corporation, or partnership holding a valid C-57 Water Well Contractor's License from the State of California.

(j)

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.

(k)

Protective seal is a replaceable device which adequately protects a well from intrusive contamination.

(l)

Public water system well is a well used to supply water for domestic purposes in systems subject to Division 5 Division 104, Part 12, Chapter 4 (commencing with Section 116270) of the Health and Safety Code. , known as the California Safe Drinking Water Act.

(m)

Repair or reconstruction means the deepening of a well or the re-perforation or addition or replacement of a well casing, or the placement of an annular seal around an existing well, or any work which might affect the integrity of the annular seal. Excluded are maintenance of a well pump, plumbing, electrical, or sanitary seal or the bailing of a well.

(n)

Test well or exploration test hole means a well constructed for the purpose of obtaining the information needed to design a well or to determine the feasibility of an area to produce water prior to construction.

(o)

Well is any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground. "Well" does not include:

(1)

Any oil or gas well or any geothermal well constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or

(2)

Wells used solely to dewater excavation during construction or to stabilize hillsides during construction.

(Ord. No. 1823, § 1, 4-25-89)

(Ord. No. 2998, §§ 2—5, 1-28-2014)

California Contractors Licensing Board with a C-57 Water Well Contractor's License as required by California Water Code, Division 7, Chapter 10, Article 3, Section 13750.5 who will perform the work.

(1)

Investigation. Whenever any work for which a permit is required by this article has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(2)

Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee as established by the Board of Supervisors. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this article nor from any penalty prescribed by law.

(Ord. No. 1823, § 1, 4-25-89)

(a)

All permits issued under this article are subject to compliance with the standards provided in this article; however, the Health Officer may grant a variance in individual cases if he finds that the proposed site has unique characteristics which prevent construction according to the standards of this article and that the variance will accomplish the purposes of this article. 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 article.

(b)

Exceptions are shallow wells where the water to be developed is at a depth less than twenty (20) feet below ground surface. In this instance, the depth of the seal may be reduced but in no case less than ten (10) feet below ground surface and special precautions taken in locating the well with respect to sources of pollution.

(Ord. No. 1823, § 1, 4-25-89)

(Ord. No. 2998, § 6, 1-28-2014)

date of such denial, appeal said decision in writing to the Board of Supervisors. The written appeal shall contain sufficient information to support the basis of the appeal and be accompanied by any required fee.

Notice of such hearing shall be

given, not less than ten (10) days prior to such hearing, by written notice to the appellant and any surrounding property owners whose property may be affected by the proposed well permit. Any failure to give such notice to surrounding property owners as aforesaid shall not invalidate or affect the decision of the Board of Supervisors.

days after the close of the public hearing. A copy of such decision and findings shall be provided to the appellant and the Health Officer.

(Ord. No. 1823, § 1, 4-25-89)

Standards for the construction, repair, reconstruction, abandonment and destruction of wells in Lake County are set forth in Chapter II and related appendixes of the current Department of Water Resources Bulletin No. 74-81, "Water Well Standards" as revised and amended, and are adopted herein by reference, with the following modifications:

(a)

The following minimum distances from potential sources of contamination and pollution apply to all wells except Monitoring and Cathodic protection wells:

(1)

Sewer, septic tank, holding tank, or facility designed to contain sewage .....Fifty (50) feet

(2)

Any sewage disposal area, including replacement area or structure or facility designed to allow sewage to percolate into the ground .....One hundred (100) feet

(b)

Monitoring and Cathodic protection wells shall maintain setbacks from potential sources of contamination as approved by the Health Officer. Such setbacks shall be dependent on the source of contamination, the depth of the Monitoring or Cathodic protection well, the depth and type of the annular seal, the formations which are penetrated, and the proposed usage.

(c)

The well casing for any Public Water System Well, Individual Domestic Well, Industrial Well or Agricultural Well constructed after adoption of this article shall extend at least one (1) foot above the elevation of the one hundred (100) year flood plain elevation, or above any known condition of flooding by drainage or runoff from the surrounding land. An exemption from this requirement may be given in cases where an approved pitless adapter is used and the venting of the well is above the elevation required for the well casing.

(d)

Construction standards as defined by this article shall apply to test wells and exploration test holes after the effective date of this article unless such test wells or exploration test holes are destroyed within thirty (30) days of completion.

(e)

All wells except monitoring wells and cathodic protection wells constructed after adoption of this article shall be at least ten (10) feet from any structure not designed to house or protect the well.

(f)

A log of the types and depths of formations penetrated by well is to be maintained on the job site whenever work is being done as part of the construction process.

(g)

If a temporary conductor casing is used, it shall be removed when possible as part of the sealing process. If the conductor casing cannot be removed and does not have an annular space of at least two inches all the way around the conductor casing between the conductor casing the drilled hole, the conductor is to be perforated with a minimum open space of one and one-half (1 1/2; ) inch by two (2) inch opening per two (2) inches of diameter equally spaced every three (3) feet of casing. The sealing material shall be placed under pressure, shall be approved by the Health Officer and shall not be capable of bridging the open space in the conductor casing.

(h)

All drilling equipment shall be sanitized with one hundred (100) ppm chlorine solution or equivalent prior to the construction of each well.

(i)

Any time a well is constructed or opened for repair, maintenance, testing, or for any other reason the well is to be adequately protected and disinfected to remove possible contaminates which may enter the well.

(j)

Where neat cement, sand cement grout, or concrete is used as an annular seal, it shall be placed in such a manner that the concrete does not begin to harden or separate until the complete seal has been placed.

(k)

Monitoring wells and cathodic protection wells shall have an annular seal to prevent surface contamination to a depth approved by the Health Officer.

(l)

Monitoring wells shall be sealed off from all strata which is not to be monitored in a method approved by the Health Officer.

(m)

No well shall be left unattended unless such well has a protective seal.

(n)

Whenever a new well is drilled to replace an existing well because of structural problems, the existing well is to be destroyed under permit as required by Section 9-61.

(o)

Water used for sealing or drilling mixtures shall be clean and of a potable quality.

(p)

Existing wells, which are at least ten (10) inches or more in diameter and used primarily for Agricultural purposes, may be deepened utilizing the existing casing if the following conditions are met: (1) A liner is used at least two (2) inches or smaller in diameter than the original casing; (2) If the work does not disturb or affect the integrity of the original casing. Deepening of such a well shall require a permit pursuant to Section 9-61. Such wells shall be destroyed when abandoned for agricultural purposes.

(Ord. No. 1823, § 1, 4-25-89)

(Ord. No. 2998, § 7, 1-28-2014)

The following standards shall apply to wells in existence on the effective date of this ordinance [article]:

(1)

Any time a well is opened for maintenance, testing or for any other reason, the well is to be adequately protected and disinfected to remove possible contaminates which may enter the well.

(2)

No well shall be left unattended unless such well has a protective seal.

(Ord. No. 1823, § 1, 4-25-89)

of the Health Officer or his designee except as provided below. The contractor shall notify the Division of Environmental Health at least twelve (12) hours before a well is proposed to be sealed. If 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 subsection shall be included on the face of or by attachment to every well permit.

(Ord. No. 1823, § 1, 4-25-89)

section. No work is complete or deemed to be complete unless and until (1) the permittee has given notice to the Health Officer that the work is ready for final inspection including placement of a protective seal; and (2) the final inspection is made or waived by the Health Officer or his designee; (3) the Health Officer is

supplied with a copy of the Water Well Drillers Report as supplied to the California Department of Water Resources. Water Well Drillers Reports are to be accessible only to the well driller who drilled the well and the current property owner or their designee with a written authorization from the property owner. Such an authorization shall include the owner's name, the name of the designee, and the assessors parcel number. The written request shall be maintained with the well log.

(Ord. No. 1823, § 1, 4-25-89)

contrary to the provisions of this article, or any well constructed after enactment of this article which is declared to be an improperly sealed well, is hereby declared to be a public nuisance. If a violation of this article occurs, the Health Officer or designee shall issue a stop order directing that the violation be corrected. The order shall state the nature of the violation and that it is deemed to be nuisance and shall contain references to applicable provisions of law or law of 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 be posted on the property which is the site of the well and shall be either personally served on the property owner or their contractor or it may be mailed to the property owner as their name appears from the last equalized assessment roll, or as they are known to the Health Officer. If the Health Officer determines that the work is being performed under the authorization of or pursuant to approval by a public agency, other than Lake County, which has jurisdiction to regulate the work, he shall refer the matter to the agency concerned.

(Ord. No. 1823, § 1, 4-25-89)

Health Officer may rescind the stop order by posting and mailing a notice of rescission in the manner specified in Section 9-69.1.

(Ord. No. 1823, § 1, 4-25-89)

(A)

If a condition referred to in a stop order issued pursuant to Section 9-69 is not abated within ten (10) days of the posting of the order, the Health Officer or his designee shall commence nuisance abatement proceedings as outlined in Lake County Ordinance Chapter 13.

(Ord. No. 1823, § 1, 4-25-89)

hundred dollars ($100.00); or as a misdemeanor by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both

such fine and imprisonment. Every violation of any provision of this article shall be construed as a separate offense for each day during which such violation continues and shall be punishable as herein provided.

(Ord. No. 1823, § 1, 4-25-89)

The remedies provided in this article are cumulative and not exclusive. Nothing in this part bars any legal, equitable, administrative or summary remedy to which any aggrieved person or Lake 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 [article] or to collect the cost of any abatement actions performed by the County.

(Ord. No. 1823, § 1, 4-25-89)

Secs. 9-73—9-79. - Reserved.