Napa County Municipal Code Art. I General Provisions and Definitions

This chapter is intended to regulate the drilling, construction, reconstruction, destruction, abandonment, maintenance and related activities, of all wells within the unincorporated portions of Napa County in such a manner that the groundwater or environment of the county will not be contaminated or polluted, for the protection of the public health, safety and welfare.

(Ord. 1194 § 3, 2002: Ord. 1159 § 1 (part), 1999)

The director may, as is necessary, convene ad hoc advisory committees for the purpose of gathering information relevant to the subject matter of this division. Said committees may be composed of members of the Napa Chapter of the California Groundwater Association, qualified technical professionals, members of the community and other persons/organizations that may, in the discretion of the director, provide the aforementioned information.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 16, 9-11-2012)

"Additives" means quick-setting cement, retardants, hydrated lime (up to ten percent of the volume of the cement) and bentonite (up to five percent) used in neat cement, sand-cement grout or concrete.

(Ord. 1159 § 1 (part), 1999)

"Applicant" means a licensed (State Contractor's C-57 license) well-drilling contractor who has been hired to perform the work on behalf of the legal property owner(s). A copy of such license, and when applicable, a current certificate of insurance for workers compensation must be on file with the director.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 17, 9-11-2012)

"Annular space" means the space between an excavation and the casing of a well or the space between two concentric casings.

(Ord. 1159 § 1 (part), 1999)

"AWWA" means American Water Works Association.

(Ord. 1159 § 1 (part), 1999)

"Bentonite clay" means a commercially prepared powder, granular, pelletized or crushed sodium montmorillonite clay. The largest dimension of pellets or chips shall be less than one-fifth the thickness of the annular space into which they will be placed. Bentonite clay mixtures shall be composed of Bentonite clay and clean water, thoroughly mixed before placement so that a uniform slurry is achieved. Bentonite clay materials are subject to approval by the director.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 18, 9-11-2012)

"Cathodic protection well" means any artificial excavation constructed by any method for the purpose of installing equipment or facilities to protect metallic objects in contact with the ground.

(Ord. 1159 § 1 (part), 1999)

"Concrete" means Portland cement and aggregate mixed at a ratio of at least six ninety-four pound sacks of Portland cement per cubic yard of aggregate. In no case shall the size of the gravel in the aggregate be greater than one-fifth the radial thickness of the annular seal.

(Ord. 1159 § 1 (part), 1999)

"Contamination" or "pollution" shall have the meanings ascribed to them in California Water Code Section 13050.

(Ord. 1159 § 1 (part), 1999)

The term "director" as used in this chapter shall mean the director of planning, building, and environmental services, or the director's designees.

(Ord. 1159 § 1 (part), 1999)

(Ord. No. 1374, § 19, 9-11-2012)

Editor's note— Ord. No. 1374, § 19, adopted Sept. 11, 2012, amended § 13.12.080 title to read as herein set out. Former § 13.12.080 title pertained to environmental management director (director).

"Exploratory hole (boring)" means an uncased temporary excavation whose purpose is the immediate determination of hydrologic or geologic conditions at a site.

(Ord. 1159 § 1 (part), 1999)

"Extraction well" means an artificial excavation constructed by any method for the purpose of removing groundwater to be used either for permanent dewatering or for the removal of ground water for cleanup of contamination.

(Ord. 1159 § 1 (part), 1999)

"Geothermal heat exchange well" (including ground source heat pump wells) means any artificial excavation by any method, that uses the heat exchange capacity of the earth for heating and cooling (such as for air conditioning units) in which excavation the ambient ground temperature is eighty-six degrees Fahrenheit (thirty degrees Celsius) or less. A closed loop fluid system may be incorporated in the design.

(Ord. 1159 § 1 (part), 1999)

"Ground water" means water below the surface of the ground at a depth such that it has been protected from surface pollution or contamination by an impervious soil stratum, or which has received an acceptable degree of natural treatment by filtration through a considerable amount of soil as generally understood in industry standards.

(Ord. 1159 § 1 (part), 1999)

"Hazard" means a well which threatens to, or which contaminates or pollutes the ground water in such a way that it jeopardizes the health and safety of the public. A hazard also means anything which creates an unsanitary or unsafe condition resulting from a well.

(Ord. 1159 § 1 (part), 1999)

"Horizontal well" means a water well drilled horizontally or at an angle different from vertical.

(Ord. 1159 § 1 (part), 1999)

"Injection well" means an artificial excavation constructed by any method for the purpose of introducing water, nutrient solutions, treated water, or reclaimed water into the ground as a means of replenishing groundwater basins, or enhancing recovery of chemical constituents, or establishing hydrologic control over local ground water.

(Ord. 1159 § 1 (part), 1999)

"Monitoring well" means any artificial excavation by any method for the purpose of monitoring fluctuations in ground water levels, quality of underground waters, or the concentration of contaminants in underground waters. For the purpose of this division, injection wells, vapor extraction wells and extraction wells for the purpose of removing ground water for the cleanup of contamination shall be considered monitoring wells.

(Ord. 1159 § 1 (part), 1999)

"Neat cement" means a mixture composed of one sack of Portland cement (ninety-four pounds) to not less than five nor more than seven gallons of water.

(Ord. 1159 § 1 (part), 1999)

"Sand-cement grout" means a mixture composed of not more than two parts of sand and one part of Portland cement, and not less than five nor more than seven gallons of water per sack (ninety-four pounds) of cement.

(Ord. 1159 § 1 (part), 1999)

"Sanitary well seal" means a device placed into the topmost part of a well casing which, by means of an expanding gasket, excludes foreign material from entering the well and may be provided with a means for introducing disinfecting agents directly into the well, or a device producing an equivalent effect. Such device shall be watertight to prevent the entrance of surface water and other contaminants into the well.

(Ord. 1159 § 1 (part), 1999)

"Sewage disposal system" means a septic tank and subsurface disposal field or other type of system or appurtenance thereto, including sewage sump tanks and distribution boxes, whether individual, public or private, as defined in Chapter 13.16 of the Napa County Code, receiving domestic or industrial sewage waste. "Sewage disposal system" does not include a sewer line.

(Ord. 1159 § 1 (part), 1999)

"Sewer line" means a line conveying sewage waste matter from any building or premises to a point of disposal, such as to a septic tank or sewage treatment or disposal plant.

(Ord. 1159 § 1 (part), 1999)

"Shallow water well" means any water well thirty feet or less in depth.

(Ord. 1159 § 1 (part), 1999)

"Spring" means a naturally occurring flow of ground water reaching the surface of the ground which may be developed as a water supply system.

(Ord. 1159 § 1 (part), 1999)

"Surface water" means all those waters found on or immediately below the surface of the ground and that have not been filtered through any considerable amount of soil, as defined by industry standards, and which normally do not meet California drinking water standards and are not protected so as to exclude real or potential sanitary hazards. In the event that a conflict of opinion arises as to whether or not any waters are "surface waters," within the meaning of this division, the burden and expense of proving that such waters are not surface waters shall be upon the person or persons making such claim, and in the absence of findings to the contrary, the opinion and/or findings of the director shall be final.

(Ord. 1159 § 1 (part), 1999)

"Tremie" means a tubular device or pipe used to place the sealant in the annular space.

(Ord. 1159 § 1 (part), 1999)

"Vapor extraction well" means an artificial excavation constructed by any method for the purpose of injection, monitoring or extraction of vapors, into or from the predominantly unsaturated zone above the water table.

(Ord. 1159 § 1 (part), 1999)

"Water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the ground. This definition shall not include the following: (1) oil and gas wells; (2) geothermal wells constructed under the jurisdiction of the California Department of Conservation (except those wells converted to use as water wells) or (3) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments.

(Ord. 1159 § 1 (part), 1999)

"Well" shall mean any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the ground. In addition, for the purpose of this division, the following structures are also defined as wells: abandoned wells, geothermal heat exchange wells (pumps), cathodic protection wells, exploratory holes (borings), extraction wells, horizontal wells, injection wells, monitoring wells, vapor extraction wells and water wells.

(Ord. 1159 § 1 (part), 1999)

"Well cover" means a temporary device to cover the topmost part of a well casing. The device must be so constructed to be structurally sound, impervious, and prevent the entrance of foreign material.

(Ord. 1159 § 1 (part), 1999)

"Well destruction" means certain work done to an existing well, the intent of which is to effectively seal the entire well up to the ground surface, in such a manner that each intersected water stratum is sealed and isolated from every other stratum and from surface water. Destruction of wells shall be completed in accordance with the procedures outlined in Article IV of this division, or as otherwise specified by the director.

(Ord. 1159 § 1 (part), 1999)

"Well drilling contractor" means a person who possesses a valid C-57 contractor's license in accordance with the provisions of the California Business and Professions Code, Section 7000, et. seq. and Water Code Section 13750.5.

(Ord. 1159 § 1 (part), 1999)

"Well reconstruction" means certain work done to an existing water well in order to restore its production, replace defective casing, seal off certain strata or surface water, or similar work. Well reconstruction does not include the cleaning out of sediments, surging or work related to a well's pump.

(Ord. 1159 § 1 (part), 1999)