Mountain House Municipal Code Ch. 3 Water Well and Well Drilling Regulations

The intent of this Chapter is to specify the minimum regulations for the use of water wells.

(Ord. 2024-18, § 1(Exh. A), 2024)

Private, on-site domestic water wells shall not be approved where public water systems are available.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Well Permit shall be approved by the Director of the Environmental Health Division prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.

(Ord. 2024-18, § 1(Exh. A), 2024)

Well Permits shall be subject to the following requirements:

(a) Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Division. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use.

(b) Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Division using the Staff Review Procedure in Chapter 3 of Division 2, with the following modifications:

(1) Preapplication Conferences shall not be required; and

(2) The time limit for approval shall be one (1) year.

(c) Filing Deadline. The application shall be filed and accepted as complete at least forty-eight (48) hours prior to commencing on-site work.

(d) Development Requirements. A Well Permit may be approved by the Director of the Environmental Health Division only if the following conditions are met:

(1) The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;

(2) The proposed well complies in all respects to the standards of the Environmental Health Division for the construction of wells; and

(3) Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Division. These report forms will be furnished by the Director of Environmental Health Division or the State of California Water Resources Board.

(e) Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of the Environmental Health Division shall be informed when the work is completed and thereafter shall make a final inspection. Work done under any water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director.

(f) Changes May Be Ordered. The Director of the Environmental Health Division may order changes in the location of water wells and in the methods, means, and manner of constructing water wells in order that the same shall not constitute a menace to the health of human beings or animals, or a detriment to groundwater sources. The orders of the Director shall designate the period within which such changes are to be made.

(g) Special Permits. Notwithstanding any other provisions of this Chapter, the Director of the Environmental Health Division may approve Special Permits for limited periods of time when the requirements of this Chapter or any of the standards adopted pursuant to this Chapter are found to be impracticable or unnecessary. In approving a Special Permit, the Director shall prescribe all conditions necessary to protect the public health. Permits shall be subject to a specified time limit.

(h) Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason for the repair. Application for emergency repairs must be made within forty-eight (48) hours after such repairs are begun, excluding weekends and holidays.

(Ord. 2024-18, § 1(Exh. A), 2024)

All wells shall be subject to the following regulations:

(a) Sanitary Seal. All wells shall have a sanitary seal.

(b) Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.

(c) Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected.

(d) Grout Seal. All water wells shall have a grout seal in the annular space.

(e) Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized.

(f) Destruction of Wells. The Director of the Environmental Health Division is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.

(g) Out-of-Service Wells. If the owner intends to cease use of a well for a period of six (6) months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall maintain such a well as required in the standards adopted pursuant to this Chapter.

(h) Dewatering Wells. The Director of the Environmental Health Division shall be notified prior to installing dewatering wells in areas of known contamination. The Director shall be notified immediately of areas where contamination is encountered, and cease operation until clearance from the Director is obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the City Council. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

In all areas of the City where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of the Environmental Health Division based on the best available information and adopted pursuant to Section 9-11-304.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses are hereby prohibited.

(a) Well Pits. The construction, use, or installation of well pits.

(b) Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not in compliance with the requirements of this Chapter and the standards relating to wells made and established by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director of the Environmental Health Division shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any appeal of a notice of violation shall first be filed with the Environmental Health Division within thirty (30) days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven (7) days and not more than twenty-one (21) days from the date of receipt of a written appeal. Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice. If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the City in abating the nuisance and shall be billed to the owner as part of the Statement of Expense. If the matter is not resolved at the office hearing, the appellant may file a written appeal to the City Council. The written appeal must be filed with the City Clerk within thirty (30) days of receipt of the written decision of the hearing official. The written decision shall advise that the owner has thirty (30) days to bring the subject property into compliance or file a written appeal with the City Council. If the property is not brought into compliance and no appeal to the City Council has been filed within the time specified, the Environmental Health Division shall submit a resolution to be placed on the consent calendar of the City Council approving the Statement of Expense. If the matter is appealed to the City Council and the appeal results in a finding of a violation, the cost of the hearing before the City Council will be added to the cost of abatement and included on the Statement of Expense.

(Ord. 2024-18, § 1(Exh. A), 2024)

Fees for inspections or permits issued pursuant to this Chapter may be set by resolution of the City Council. All fees and fines collected under the provisions of this Chapter shall be paid into the City Treasury, to the credit of Public Health Services.

(Ord. 2024-18, § 1(Exh. A), 2024)