Chapter 7.36 — WELLS

It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this county will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this county.

(Ord. 75-459 § 1 (part), 1975.)

A.

"Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells include, but are not limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein and other wells whose regulation is necessary to fulfill the purpose of this chapter. Wells shall not include:

Oil and gas wells or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or

Wells used for the purpose of:

a.

Dewatering excavation during construction, or

b.

Stabilizing hillsides or earth embankments;

The following artificial excavations:

a.

Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth,

b.

Holes or excavations for soil percolation tests,

c.

Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth,

d.

Excavations for drainage percolation ponds or spreading basins.

B.

"Community water supply well" means a water well for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code (commencing with Section 4010).

C.

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residence or commercial establishment.

D.

"Industrial well" means a water well used to supply industry on an individual basis.

E.

"Agricultural well" means a water well used to supply water for irrigation or other agricultural purposes including stock wells.

F.

"Salt water (hydraulic) barrier well" means a well constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a freshwater-bearing aquifer.

G.

"Cathodic protection well" means any artificial excavation in an aquifer, or in excess of fifty feet 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.

H.

"Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means.

I.

"Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet constructed by any method for the purpose of establishing an electrical ground.

J.

"Observation well" means a well used for monitoring or sampling conditions of a water-bearing aquifer, such as water pressure, depth, movement, or quality.

K.

"Aquifer" means a formation or group of formations or part of a formation that is water-bearing and which transmits water in sufficient quantity to supply pumping wells.

L.

"Contamination" means an impairment of the quality of water to a degree which creates a hazard, or may create a hazard, to the public health through poisoning or through spread of disease.

M.

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

Such waters for beneficial uses; or

Facilities which serve such beneficial uses. Pollution may include contamination.

N.

"Modification or repair" means the deepening of a well, reperforation, sealing or replacement of a well casing.

O.

"Health officer" means the health officer of Mono County or his duly authorized representative.

P.

"Completion or completion operation" means any work conducted after artificial excavation to include:

Placement of well casing;

Gravel packing;

Sealing;

Casing perforation; or

Other operations deemed necessary by the health officer.

Q.

"Destruction or destroy" means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water-bearing formations penetrated.

R.

"Well drilling contractor" means a contractor licensed in accordance with the provisions of the Contractors' License Law, Chapter 9 of Division 3 of the Business and Professions Code (commencing with Section 7000).

S.

"Public nuisance," when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health and safety of the public.

T.

"Person" includes special districts formed under the laws of the state in addition to the meaning set forth in Section 1.04.010(J).

U.

"Abandoned or abandonment" means a well which has not been used for a period of one year, unless the owner declares in writing to the health officer his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed unless otherwise approved by the health officer.

V.

"Department" means the health department of the county.

(Ord. 75-459 § 1 (part), 1975.)

No person shall, within the unincorporated area of Mono County, construct, repair, modify or destroy any well unless a written permit has first been obtained from the health officer as provided in this chapter. In case of emergency affecting life, health, crops, or livestock, a licensed contractor may start work

immediately but shall notify the health department within seventy-two hours, by telephone or in person, of the work being done.

(Ord. 75-459 § 1 (part), 1975.)

A.

No permit shall be issued for a well that is intended to be located within the jurisdictional boundaries or service area of a designated public water system unless the applicant for the permit demonstrates to the satisfaction of the Mono County environmental health director that:

The public water system has consented in writing to the issuance of the permit; in that case, the permit may be issued if the environmental health director determines that, if constructed, the well will likely have no deleterious effects on the environment or public health; or

The public water system is either unwilling or unable to provide water service to the property that the well is intended to service, or that the public water system is willing and able to provide such service, but the water to be supplied is unhealthful; or

Due to topography, distance, or the presence of biological resources, connection to the public water system is infeasible or would impose an undue financial burden on the applicant.

B.

As used in this section, a "public water system" is a water-delivery system that meets the definition of a public water system in Health and Safety Code, Section 116275.

C.

As used in this section, the "jurisdictional boundaries" of a public water system are the legal boundaries of the entity that operates the system, if any.

D.

As used in this section, the "service area" of a public water system is the area that, in the determination of the health officer, has historically been served or can reasonably [be] served in the future by the entity that operates the system, if that entity does not have legal boundaries. In making that determination, the health officer may consider any relevant study, finding, or determination of the Mono County Local Agency Formation Commission (LAFCO).

E.

As used in this section, a "designated public water system" is a public water system within the jurisdictional boundaries or service area of which the board of supervisors has made this section applicable pursuant to the procedure set forth in Section 7.36.036.

F.

For purposes of subdivision A.3. of this section, it shall be presumed that connection to an existing public water system would impose an undue financial burden on the applicant if, due to the reasons set forth in that subdivision, the cost to connect to the system will exceed twice the estimated cost to construct the well applied for. That presumption is not conclusive, however, and may, upon competent proof and based on the circumstances of the permit application, be rebutted by the applicant or by the environmental health director.

(Ord. No. 09-01, § 1, 7-7-2009)

A.

The governing body of a public water system may, by official action transmitted to the clerk of the board of supervisors, request the board to render the provisions of Section 7.36.035 applicable within the jurisdictional boundaries or service area of that system. The board of supervisors shall consider any such request at a public hearing, at which the environmental health director shall advise the board on the issues raised by the application. Following the hearing, the board shall approve or deny the request; if the board grants the request, it shall memorialize that decision in a resolution, and the public water system shall then be a "designated public water system" for purposes of Section 7.36.035.

B.

By following the procedure set forth in subsection A. of this section, the governing body of a designated public water system may request the board of supervisors to render Section 7.36.035 no longer applicable within the jurisdictional boundaries or service area of that system.

C.

The board of supervisors shall not grant a request received pursuant to subsections A. or B. of this section unless it finds, in its sole discretion, that the public interest will be served by granting the request and also, with respect to a request made under subsection A. of this section, that the public water system making the request is in full compliance with all relevant federal, state, and county laws and regulations.

D.

No request under subsection A. or B. of this section may be made by the governing body of a public water system or a designated public water system, respectively, within one year of the board of supervisor's action on a similar previous request by the governing body of that public water system. In its discretion, however, the board of supervisors may, following notice to the affected public water system and after conducting a public hearing on the matter, revoke a public water system's status as a designated public water system if the board finds, in its sole discretion, that it would be in the public interest to do so.

E.

The environmental health division of the Mono County health department shall administer the provisions of this section and Section 7.36.035; in discharging that duty, the environmental health division shall maintain a record of which public water systems in the county are designated public water systems.

(Ord. No. 09-01, § 1, 7-7-2009)

A.

Any person whose application for a well permit is denied for any of the reasons listed below in this section may appeal that denial to the board of supervisors in accordance with subsection G. of Section 7.36.040 of this Code:

The designated public water system has not consented to the construction of the well under subsection A.1. of Section 7.36.035; or

The designated public water system has consented to the construction of the well but the environmental health director has found that construction of the well would have a deleterious effect on the environment or public health under subsection A.1. of Section 7.36.035; or

The environmental health director is unable to find that any of the conditions described in subsections A.2. or A.3. of Section 7.36.035 exist.

B.

The applicant and the environmental health director shall abide by the board's disposition of the applied-for permit that is the subject of the appeal.

(Ord. No. 09-01, § 1, 7-7-2009)

A.

Applications. Applications for permits shall be made to the health officer and shall include the following:

A plot plan indicating the exact location of the well with respect to the following items within a radius of five hundred feet of the well:

a.

Property lines,

b.

Sewage disposal systems or works carrying or containing sewage,

c.

All intermittent or perennial, natural or artificial water bodies or watercourses,

d.

Drainage pattern of the property,

e.

Existing wells,

f.

Access roads,

g.

Any agricultural, recreational or commercial entity;

Location of the property;

Name and license number of the person who will construct the well;

Proposed depth of well;

Proposed use of well;

Such other information as may be necessary to determine if underground waters will be protected.

B.

Fees. Persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's costs of administering this chapter.

C.

Conditions. Permits shall be issued subject to compliance with the standards provided in this chapter, except that such standards shall be inapplicable or modified by the health officer when, upon his finding, inapplicability or modification will accomplish the purposes of this chapter. A permit to be valid must comply with all state and county laws, rules, and regulations.

D.

Permitting Agreements; Defense and Indemnification. Pursuant to Section 7.36.041 of this title, applicant shall defend, indemnify, and hold harmless county, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney's fees, arising out of, resulting from, or in connection with, the county's acts or omissions with regard to its compliance with CEQA or other laws, with regard to the preparation and processing of the CEQA reports and documentation and with regard to the decision based thereon concerning applicant's project. Prior to processing an application for a well permit, the health officer shall require the applicant to sign a permitting agreement which includes a section implementing the requirements of this subsection.

E.

Term—Completion of Work. The permittee shall complete work authorized by the permit prior to the expiration date set in the permit. The permittee shall notify the health officer in writing upon completion of the work, and work shall not be deemed to have been completed until such written notification has been received.

F.

Guarantee of Performance. Prior to the issuance of a permit, the applicant shall post with the health officer a cash deposit or bond to guarantee compliance with the terms of this chapter and the applicable permit, such cash or bond to be in an amount deemed necessary by the health officer to remedy improper work, but not in excess of the total estimated cost of work. Such deposit or bond may be waived by the health officer where other assurances of compliance are found adequate by him.

G.

Prohibitions. No permit shall be issued to any person who is not a licensed well-drilling contractor, provided that a permit may be issued to any person exempt from the provisions of the Contractors' License Law, Chapter 9, Division 3, of the Business and Professions Code (commencing with Section 7000).

H.

Appeal Procedure. Any person aggrieved by the refusal of a permit or terms of the permit may request in writing that the matter be heard by the board. If such request is made, the health officer shall schedule the matter for review by the board and shall give not less than ten days' written notice of the time and place thereof to the applicant. At the time and place of the hearing the board shall allow the applicant and other interested parties an adequate opportunity to present any facts pertinent to the matter at hand. The board may place any person involved in the matter, including the applicant, under oath. The board may, when it deems necessary, continue any hearing by giving notice to the applicant of such action. At the close of the hearing, or at any time within ten days thereafter, the board shall order such disposition of the application or permit as it has determined is proper and shall make such disposition known to the applicant.

Determinations made by the health officer relating directly to the public health, or to Chapter 7 of Part I of Division 5 of the California Health and Safety Code, may not be overruled or modified by the board.

(Ord. 99-10 § 5, 1999; Ord. 75-459 § 1 (part), 1975.)

(Ord. No. 11-04, § 1, 6-7-2011; Ord. No. 22-10, § 2(Exh. B), 8-16-2022)

A.

It shall be rebuttably presumed that all well permitting decisions are ministerial acts under the California Environmental Quality Act (CEQA). That presumption shall be rebutted where discretion must be exercised in accordance with the following authorities, as same may be amended from time to time:

California Department of Water Resources Bulletin No. 74, Chapter II, Section 8.A;

California Department of Water Resources Bulletin No. 74, Chapter II, Section 8.B;

California Department of Water Resources Bulletin No. 74, Chapter II, Section 8.C;

California Department of Water Resources Bulletin No. 74, Chapter II, Section 9;

Other legally binding authorities, such as, but not limited to, State of California Executive Orders.

B.

If any of the standards set forth by the authorities stated in 7.36.041(A) apply and the health officer utilizes discretion in issuing well permits in accordance with those authorities, then the issuance of the well permit shall be a discretionary act under CEQA and permit applicants shall be responsible for the cost and preparation of any reports and documentation required by CEQA in accordance with policy established by the health officer or his or her designee.

(Ord. No. 22-10, § 1(Exh. A), 8-16-2022)

Every person who hereafter digs, bores or drills a water well or cathodic protection well, or who abandons or destroys any such well, or who deepens or reperforates any such well, shall file with the health department a report of completion, abandonment, or destruction of such well within thirty days after the

construction or alteration has been completed. This report shall be considered privileged information. (Section 13754, Division 7, California Water Code).

This report shall be made on forms furnished by the health department and shall contain such information as the department may require, including, but not limited to:

A.

Description of the well site sufficiently exact to permit location and identification of the well;

B.

Detailed log of the well;

C.

Description of type of construction;

D.

Details of perforation;

E.

Static water level, well capacity and draw-down in feet per hour;

F.

Methods used for sealing off surface or contaminated waters.

All domestic water supply wells shall be tested for chemical and bacterial analysis by a commercial laboratory approved by the health officer. In areas where insufficient subsurface information is available, the health officer may require inspection of the well log prior to any completion operation.

(Ord. 75-159 § 1 (part), 1975.)

The health officer and his inspectors may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. The health officer may require that each completion, modification, repair or destruction operation be inspected prior to any further work.

(Ord. 75-159 § 1 (part), 1975.)

Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards," state of California, with the following exceptions:

A.

The health officer, with the concurrence of the board of supervisors, may adopt rules and regulations more stringent than the above standards.

B.

All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine, or other disinfecting agents, may be introduced directly into the well. The pipe, if provided, shall be installed at a height equal to the pump slab or at least six inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. (In a well pit, the pipe shall be twelve inches above the floor of the pit.) Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installations. If an air relief vent is used it shall terminate downward twelve inches above ground level and be screened and protected against contaminating material entering the vent (16-mesh screen).

C.

Every new, repaired or modified community water supply well or domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected. Procedures delineated in Appendix E of aforementioned Department of Water Resources Bulletin No. 74, state of California, or equivalent, are required.

(Ord. 75-459 § 1 (part), 1975.)

A.

Stop Order. In the event a well subject to the provisions of this chapter is being constructed, repaired, modified, destroyed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the well site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer.

B.

Notice. In the event a well subject to this chapter has been constructed, repaired, modified, destroyed, abandoned or operated contrary to the terms of this chapter or a permit issued for such well pursuant to this chapter, the health officer may mail written notice, postage prepaid, to the owner of the land as shown upon the most recent equalized assessment roll or to the permittee at his address listed upon the permit, which notice shall state the manner in which the well is in violation, what corrective measures must be taken, the time within which such corrections must be made and that if the land owner or permittee fails to make corrections within the period provided, the corrections may be made by the county and the land owner or permittee shall be liable for the costs thereof.

C.

Abatement by County. If the corrections listed in the notice given pursuant to subsection B of this section are not made as required in said notice, the health officer, with the approval of the board and after a

reasonable opportunity for the person notified to be heard by said board, may cause the condition to be abated and the cost thereof shall be a charge against the person notified. A person wishing a hearing before the board shall file a notice requesting hearing not more than fifteen days following the date of receipt of notice from the health officer as herein provided.

(Ord. 75-459 § 1 (part), 1975.)

Any person who does any work for which a permit is required by this chapter and who fails to apply for and pay the fee for a permit within five working days after notice from the health officer to do so, or who otherwise violates any other provision of this chapter, is guilty of a misdemeanor.

(Ord. 75-459 § 1 (part), 1975.)