Mendocino County Municipal Code Ch. 16.04 Water, Monitoring and Cathodic Protection Wells

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Prior ordinance history: Ords. 489, 1135 and 3590.

It is the purpose of this Chapter:

(A) To provide for the construction, repair and destruction of water wells, monitoring wells and cathodic protection wells;

(B) To provide for the destruction of abandoned wells and the abatement of wells found to be public nuisances or hazards;

(C) To preserve and protect the groundwaters of Mendocino County from contamination or pollution.

(Ord. No. 3895 (part), 1994.)

The following definitions shall apply in the interpretation of this Chapter:

(A) Abandoned Well. A well is considered "abandoned" or permanently inactive if it has not been used for one year, unless the owner demonstrates intention to use the well again. In accordance with Section 24400 of the California Health And Safety Code, the well owner shall properly maintain an inactive well as evidence of intention for future use in such a way that the following requirements are met:

(1) The well shall not allow the impairment of quality of water within the well and groundwater encountered by the well.

(2) The top of the well or well casing shall be provided with a cover that is secured by a lock or by other means to prevent its removal without the use of equipment or tools, to prevent unauthorized access, to prevent a safety hazard to humans and animals, and to prevent illegal disposal of wastes in the well. The cover shall be watertight where the top of the well casing or other surface openings to the well are below ground level, such as in a vault or below known levels of flooding. The cover shall be watertight if the well is inactive for more than five consecutive years. A pump motor, angle drive or other surface feature of a well, when in compliance with the above provisions, shall suffice as a cover.

(3) The well shall be marked so as to be easily visible and located, and labeled so as to be easily identified as a well.

(4) The area surrounding the well shall be kept clear of brush, debris and waste materials.

(B) "Abatement" means the construction, repair or destruction of a well which is ordered under these regulations so as to eliminate a nuisance or safety hazard caused by a well which pollutes or contaminates groundwater or otherwise jeopardizes the public health.

(C) "Abatement order" means either written mandatory or prohibitory orders of the Health Officer requiring or prohibiting one or more acts. Said term to include those orders effective for a limited as well as an indefinite period of time, and to include modification or restatements of any order.

(D) "Appurtenances" means well casing, screens, filter pack, annular seal and well pit.

(E) "Cathodic protection well" means a well developed to house devices to minimize electrolytic corrosion of metallic pipelines, tanks, and other facilities in contact with the ground.

(F) "Contamination" means an impairment of the quality of water to a degree which creates a nuisance or hazard to the public health.

(G) "Enforcing agency" means the Mendocino County Health Department.

(H) "Health officer" means the Mendocino County Health Officer or an authorized representative.

(I) "Monitoring well" means any artificial excavation by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in the underground waters including exploration (boring) holes.

(J) "Person" means an individual, public or private corporation, political subdivision, agency, board, department or bureau of the State, municipality, partnership, copartnership, firm, association, trust or estate, or any other legal entity which is recognized in law as the subject of right or duties.

(K) "Pollution" means an alteration of the quality of water to a degree which unreasonably affects such waters for beneficial uses or affects facilities which serve such beneficial uses. Pollution may include contamination.

(L) "Repair" means any work on a water, monitoring or cathodic protection well that would include deepening, changes and/or additions to appurtenances.

(M) "Spring" means a flow of water from the earth which occurs spontaneously where the water table stratum emerges to the surface of the earth. This term includes gravity springs, artesian springs, seepage springs, tubular springs and fissure springs as defined in the "Sanitarians's Handbook," 1959 edition. The term does not include horizontal wells developed by boring or drilling into the earth or any other developmental activity beyond properly enclosing the source for protection of water potability and conveying to a water system without a mechanical pump.

(N) "Water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. The definition shall not include: (1) oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or (2) wells used for the purpose of (a) dewatering excavations during construction, or (b) stabilizing hillsides or earth embankments.

(O) "Wells" means a water well, monitoring well or cathodic protection well.

(P) "Well driller" means a contractor possessing a current C-57 License in accordance with the provisions of the Contractors License Law (Chapter 9, division 3, of the Business and Professions Code).

(Q) "Well pit or vault" means any excavation constructed over a well for the purpose of containing well appurtenances or well casing below the natural ground contour.

(Ord. No. 3895 (part), 1994.)

It is unlawful and prohibited for any person within the unincorporated area of the County to:

(A) Construct, repair or destruct a well without a written permit first being obtained from the Health Department and all work conforms to the conditions of such permit and these regulations;

(B) Undertake to construct, repair or destruct a well unless the person responsible for the construction, repair or destruction possesses a C-57 Water Well Contractor's License;

(C) Allow the existence of an abandoned well;

(D) Maintain a well in such condition that it becomes a trap for persons or animals;

(E) Maintain a well in such condition as to allow it to become a conduit for pollution or contamination of the groundwater.

(Ord. No. 3895 (part), 1994.)

(A) Application for a well permit shall be made on forms provided for that purpose and in accordance with procedures established by the Health Department. The application shall be signed by a person possessing a current C-57 Water Well Contractor License. Plans, specifications, maps, location of drainages, and other such information may be required by the Health Department.

(B) Each application shall be accompanied by a filing fee set by resolution of the Board of Supervisors. No part of the fee shall be refundable.

(Ord. No. 3895 (part), 1994.)

(A) Within five (5) business days after receipt of a complete application, the Health Department shall either grant, conditionally grant, or deny the permit. If the permit is not acted upon within the five (5) day period, the permit shall be deemed granted. If additional information is required, the five (5) day period shall commence from the date of receipt of the additional information. A permit shall not be issued if, in the judgement of the Health Officer, the well may jeopardize the health, safety, or welfare of the people of Mendocino County.

(B) Any permit issued under these regulations may be modified, revoked or suspended by the Health Officer if the Health Officer determines a violation of these regulations exists, provided that written notice has been directed to the permittee specifying the violation and that the permittee has failed or neglected to make necessary adjustments within thirty (30) days of receiving such notice.

(Ord. No. 3895 (part), 1994.)

The Health Officer shall have the right to inspect all permitted wells as follows:

(A) Upon receipt of an application, an inspection of the well location by the Health Officer may be required prior to issuance of a well permit.

(B) The Health Officer may inspect any permitted work prior to completion.

(1) The Well Driller shall notify the Health Officer prior to placement of an annular seal or the destruction of a well.

(a) Water well notification minimum notice shall be twenty-four (24) hours.

(b) Monitoring and cathodic protection well notification minimum notice shall be five (5) working days.

(C) A State of California well completion report shall be submitted to the Health Department within fifteen (15) days of completion as a requirement of final approval of construction, modification, repair or destruction.

(Ord. No. 3895 (part), 1994.)

The Health Officer, during reasonable hours (between 8 a.m. and 5 p.m.), for the purpose of enforcing or administering these regulations, or any order, regulation or rule prescribed pursuant thereto, may enter any building, premises or other place except a private residence. Every person is guilty of a misdemeanor who in any denies, obstructs or hampers such entrance.

(Ord. No. 3895 (part), 1994.)

Nothing contained in this Chapter shall be deemed to relieve any person from compliance with the provisions of Article 3, Chapter 10, Division 7, of the California Water Code or any other applicable State legislation.

(Ord. No. 3895 (part), 1994.)

Any permit issued pursuant to these regulations shall expire and become null and void if the work authorized thereby has not been completed within one (1) year following the date of issuance. Upon expiration of any permit issued pursuant to these regulations, no further work may be done in construction, repair, reconstruction or destruction of a water, monitoring or cathodic protection well unless and until a new permit for such purpose is secured in accordance with the provisions of these regulations.

(Ord. No. 3895 (part), 1994.)

This Chapter shall not apply to the cleaning of wells by the owner or person authorized by the owner. No permit shall be required to clean out a well unless such action requires changing the physical construction of the well or well appurtenances. No chemical other than chlorine may be used to clean a well unless approved by the Health Officer.

(Ord. No. 3895 (part), 1994.)

Springs are excluded from these regulations. Exploration holes for determining suitability of on-site domestic sewage disposal that are less than ten (10) feet in depth are excluded from these regulations.

(Ord. No. 3895 (part), 1994.)

Before a change of use is made of a well, compliance shall be made with the requirements for the new use as specified in these regulations.

(Ord. No. 3895 (part), 1994.)

If the Health Officer finds that compliance with any of the requirements in these regulations is impractical for a particular location because of unusual conditions and would result in construction of an unsatisfactory well, the Health Officer may prescribe alternative requirements which are equivalent to the standards set forth in these regulations in terms of protection obtained.

(Ord. No. 3895 (part), 1994.)

At all times during the progress of well construction, reconstruction, repair or destruction, the well shall be protected in such a manner as to prevent tampering with the well, the entrance of foreign material into the well, or the entrance of drilling mud into streams or other surface waters. Water and drilling mud used in drilling shall be free from contamination or rendered free from contamination by chlorination or other approved methods.

(Ord. No. 3895 (part), 1994.)

At all times during the progress of well construction, reconstruction, repair or destruction, the well shall be protected in such a manner as to prevent tampering with the well, the entrance of foreign material into the well, or the entrance of drilling mud into streams or other surface waters. Water and drilling mud used in drilling shall be free from contamination or rendered free from contamination by chlorination or other approved methods.

(Ord. No. 3895 (part), 1994.)

Materials and methods used in the construction, repair, reconstruction or destruction of water, monitoring and cathodic protection wells shall be as specified in this Chapter and in the above-referenced California Well Standards. Materials and methods not specifically described therein shall receive written approval by the County Health Department prior to use. The applicant shall bear the burden of proof in establishing suitability of materials or methods if other than those described in these regulations.

(Ord. No. 3895 (part), 1994.)

Materials and methods used in the construction, repair, reconstruction or destruction of water, monitoring and cathodic protection wells shall be as specified in this Chapter and in the above-referenced California Well Standards. Materials and methods not specifically described therein shall receive written approval by the County Health Department prior to use. The applicant shall bear the burden of proof in establishing suitability of materials or methods if other than those described in these regulations.

(Ord. No. 3895 (part), 1994.)

Whenever the Health Officer determines that an abandoned well is causing a nuisance or safety hazard by polluting or contaminating groundwater or otherwise endangering the public health, the Health Officer may issue a written order setting forth the required corrective measures and requiring that the conditions causing the nuisance or safety hazard be abated within ten (10) days. Thereafter, the Health Officer shall forthwith serve the order upon the person occupying the premises, if any, and, if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed, first class postage paid, to the owners of the premises as their names and addresses appear on the last equalized assessment roll. The Health Officer may for good cause extend the time specified in the order or otherwise modify or rescind the order. The order of abatement shall advise the possessors and owners of the property of their right to appeal to the Board of Supervisors and to stay the order of abatement pending such appeal.

(Ord. No. 3895 (part), 1994.)

In the event that a nuisance or hazard is not abated in accordance with an order of abatement, or order resulting from the Board of Supervisors' hearing, pursuant to Section 16.04.220 the Health Officer may, upon securing approval of the Board of Supervisors, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the Board.

(Ord. No. 3895 (part), 1994.)

Any person whose application for a permit has been denied or whose permit once issued has been modified, revoked or suspended, or who has been given an order of abatement, may within ten (10) County working days following the receipt of the notice of such denial, modification, revocation or suspension, or of the order of abatement, file an appeal in writing to the Board of Supervisors. Said appeal shall be accompanied by a filing fee as set forth by the Board of Supervisors, and shall specify the grounds upon which the appeal is taken. The Clerk of the Board shall then proceed to set the matter for hearing, not later than twenty (20) days thereafter, and such appeal shall stay the effect of any order or action until the Board hears the appeal and issues its order either to affirm, overrule or modify the action of the Health Officer. The Board decision must be rendered within ten (10) days of the public hearing. Notice of hearing shall be mailed to the appealing party at least five (5) County working days prior to the hearing.

(Ord. No. 3895 (part), 1994.)

These regulations in no way shall affect the right of the County to abate a public nuisance, pursuant to Government Code Sections 50230 through 50257, any abandoned well which presents a safety hazard.

(Ord. No. 3895 (part), 1994.)

Any work carried out under Section 16.04.190 or 16.04.210 shall be the responsibility of the property owner. If such costs are not paid within thirty (30) days of the determination of the Board of Supervisors, said costs shall be assessed upon the property involved. The special assessment shall be collected at the same time and in the same manner as County taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as is provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.

(Ord. No. 3895 (part), 1994.)

(A) Any person who violates any provision of this Chapter shall be guilty of an infraction punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one (1) year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of this Chapter within one (1) year.

(B) Any violation of the provisions of this Chapter may cause to be filed with the County Recorder a notice of such violation and a lien of estimated permit costs and penalties (such fees shall be further evaluated at the time of restitution.) The notice shall specify the names of the record owners and particularly describing the real property, provided that at least thirty (30) days prior to recording such notice the owner of the parcels or units to be affected by the notice of violation shall be advised in writing of the intention to record the notice specifying the time, date and place at which the owner may present evidence to the Division of Environmental Health as to why such notice should not be recorded. The decision of Environmental Health may be appealed to the Board of Supervisors.

(Ord. No. 3895 (part), 1994.)

If any provision of these regulations shall be declared void or unconstitutional by judicial or other determination, all other parts of the regulations which are not expressly held to be void or unconstitutional shall continue in full force and effect.

(Ord. No. 3895 (part), 1994.)