Nevada County Municipal Code Ch. 6 Water Wells

Well permits shall be classified as follows:

A. Class I Permits shall be issued for the installation of a well where such well location conforms with the minimum distances set forth in Table 1 of Section 15.06.100 below and where the enforcement agency deems conditions do not exist that would result in pollution or contamination of the potable groundwater.

A Class I Well shall be constructed with a minimum annular seal depth of twenty (20') feet below ground surface and shall be required for individual domestic wells, agricultural wells, observation and monitoring wells, and other wells if so determined by the enforcement agency. Class I Wells shall meet all minimum distances as set forth in Section 15.05.010. Permits shall be required and issued for the installation of a well where such well location is closer than the minimum distances set forth in Table 1 of Section 15.06.100 below or where the enforcement agency determines conditions may exist that threaten the potable groundwater with contamination unless special construction features are included in the well construction.

A Class II Well shall be constructed with a minimum annular seal depth of fifty (50') feet below ground surface and into an impervious stratum and shall be required for public water supply wells, industrial wells, and other wells where the enforcement agency determines conditions may exist that threaten the potable groundwater with contamination.

B. Class III permits shall be issued for a shallow well which conforms with the minimum distances set forth in Table 1 of Section 15.06.100 below and where the enforcement agency deems that conditions do not exist that would result in pollution or contamination of the potable groundwater.

A Class III shallow well shall be sealed to the top of the water-bearing stratum and in no case less than ten (10') feet below ground surface.

C. A reconstruction permit shall be required for any well reconstruction as defined in Section 15.05.010.

D. A destruction permit shall be required for any well destroyed in accordance with this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. When Required. No person shall dig, bore, drill, deepen, modify, reconstruct, repair, or destroy a water well, cathodic protection well, observation well or monitoring well without first obtaining a permit as provided in this Chapter exempted by law.

B. Emergency Work. The above provisions shall not apply to emergency work required to maintain drinking water or agricultural supply systems. For the emergency work, when County offices are closed, a permit may be issued after such work has begun, provided all of the following conditions are met:

1. The permit application is made the first day County offices are open following said work;

2. The well system serves an existing structure or facility or agricultural operation;

3. The person responsible provides written documentation to the enforcement agency that such work was urgently necessary; and

4. The permittee can demonstrate that all work performed was in conformance with this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. A permit shall be issued only to a person licensed under State law as per Section 15.06.040.B of this Chapter.

B. Applications for permits shall be made to the enforcement agency on forms approved by the agency and shall contain all such information the enforcement agency requires to accomplish the purposes of this Chapter. The application shall be accompanied by the required filing fee.

C. The application for permit shall be deemed to be received by the enforcement agency only when the form is complete as detailed in Subsection E below.

D. If the enforcement agency finds the application contains all necessary information and that the proposed work will comply with this Chapter, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purpose of this Chapter.

E. An application is complete only when the form (on its face) is completed in full, is signed by the licensed well driller and is accompanied by all required exhibits and fees. The exhibits shall include all of the following:

1. A vicinity map and clear directions to the property and well site.

2. Plans and specifications for the proposed work, including method of sealing the annular space.

3. Two (2) copies of an accurate site plan drawn to scale showing the proposed well location and all features of potential contamination (e.g., on-site sewage systems, sewer lines, animal feed lots, etc.) and property lines within one hundred fifty (150') feet of the proposed well site. A scaled assessor's plot map may be used for this purpose.

4. Copy of assessor's plot.

5. Location of any restrictions such as easements on the property.

6. Any other information the enforcement agency finds necessary to complete the permit application.

7. Submission of appropriate permit filing fee.

F. Dry Holes. In the event the primary well site results in a dry hole, one (1) or more alternative sites may be drilled. The permittee shall advise the enforcement agency by submitting a revised site plan prior to the reinspection. A resulting abandoned well must be destroyed in accordance with Section 15.06.280 and so indicated by the permittee on the revised site plan. Said abandoned well destruction shall be performed under a separate permit and shall be the responsibility of the property owner.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. Limitations. When the enforcement agency issues a permit pursuant to this Chapter, it may condition the permit in any manner necessary to carry out the purposes of this Chapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the enforcement agency finds necessary.

B. Persons Permitted to Work on Wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses a valid C-57 contractor's license in accordance with the provisions of the California Business and Professions Code, or their designated employees.

C. Abandoned Wells. As a condition of a construction or modification permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. The enforcement agency shall deny, in writing, a permit when, in its judgment, issuance of a permit is not in the public interest. Upon receipt of a completed application, the enforcement agency shall deny the permit if:

1. The application contains false information.

2. The proposed work would not comply with this Chapter.

3. There are abandoned wells on the property and no application for permits has been made to destroy such wells.

4. The proposed construction will contaminate or put groundwater at a risk of contamination.

B. The enforcement agency shall either issue or deny the permit within seven (7) calendar days after receipt of the completed application. Unless the permit is issued or denied within seven (7) calendar days, it shall be deemed approved.

C. Denied permits may be appealed pursuant to Section 15.05.080 of this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The permittee shall complete the work authorized by the permit within one (1) year of permit issuance. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received a new permit or renewal of the permit.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. A permit issued pursuant to this Chapter shall be effective for one (1) year from the date of issuance for the authorized work. The permit is non-transferable. Once a well is installed pursuant to the permit, conditions imposed as requirements for permit issuance shall continue in force as long as the well is used.

B. Renewal of a permit may be granted to the original permittee if an application for permit renewal is filed prior to the original permit expiration date. Application for permit renewal shall conform to the requirements Section 15.06.030. The permit shall be renewed or denied consistent with this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. Circumstances For Such Action. The enforcement agency may suspend or revoke any permit issued pursuant to this Chapter whenever it finds that the permittee has violated any of the provisions of this Chapter or has misrepresented any material fact in their application or any supporting documents for such a permit. Prior to ordering any such suspension or revocation, the enforcement agency shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the Director. An appeal within fifteen (15) calendar days may be made as set forth in Section 15.05.080 of this Chapter.

B. Stop-Work Order. In addition to suspension and revocation, the enforcement agency may issue a stop-work order.

C. Consequences. No person whose permit has been suspended or revoked or for which a stop-work order has been issued shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the enforcement agency or, in the case of a stop-work order, the order has been released, in writing, by the enforcement agency.

D. Ordered Additional Work. Upon issuance of a stop-work order, suspension or revocation of any permit, the enforcement agency may order the permittee to perform any work reasonably necessary to protect the groundwaters from pollution or contamination if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the groundwater. No permittee or person who has held any permit issued pursuant to this Chapter shall fail to comply with any such order.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. The enforcement agency shall not issue a release for building permit issuance if wells drilled on the property are not in compliance with this Chapter.

B. The enforcement agency shall not issue a release for building permit issuance if there are any abandoned wells on the property that have not been destroyed or permitted to be destroyed pursuant to this Chapter.

C. The enforcement agency shall not issue approval for a Certificate of Occupancy or temporary occupancy for a building on property whereupon a well has been drilled unless the well is in compliance with this Chapter. Wells drilled prior to the effective date of this Chapter shall be exempt from the requirements of Section 15.06.180.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

All wells shall be located as prescribed in Table 1.

TABLE 1 Minimum Distance*

* For Class I, II, and III Wells where, in the opinion of the enforcement agency, adverse conditions exist (e.g., petroleum storage or pipelines, hazardous materials storage or pipelines, etc.) these distances may be increased as determined by the enforcement agency.

**1.

A five (5')-foot minimum setback shall be permitted for a Class I well if the adjoining property(s) meets one (1) or more of the following:

a. Is three (3) acres or greater in size.

b. Has a developed or approved sewage disposal system (including repair area) that is one hundred (100') feet or more from the proposed well location.

c. Has features that would preclude the development of a sewage disposal system (including repair area) within one hundred (100') feet of the proposed well location.

d. Has a well which precludes development of a septic system within one hundred (100') feet of the proposed well location.

2. A five (5')-foot minimum setback shall be permitted for a Class II well.

If the property cannot comply with either 1 or 2 above, then a fifty (50')-foot setback shall be required.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

At all times during construction, the well shall be protected in such a manner as to prevent tampering with the well, accidents to persons, the entrance of foreign matter into the well or the entrance of drilling mud into streams, etc. Water and drilling mud used in drilling shall be free from contamination.

(Ord. 1717. (06/11/1991))

Except as otherwise specified, the standards for the construction, modification or destruction of wells shall be as set forth in the California Department of Water Resources Bulletin 74-81 "Water Well Standards, State of California," as modified by subsequent revisions or supplements.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. All metal casing used in well construction shall be new and shall have a minimum thickness of twelve (12) gauge for wells up to and including eight (8") inches in diameter, and a minimum thickness of ten (10) gauge for wells ten (10") inches in diameter or over. Casings shall be placed to a sufficient depth to insure well integrity and to prevent well-collapse.

B. All casings shall be placed with sufficient care to avoid damage to casing sections or joints. The uppermost perforation shall be at least five (5') feet below the annular seal.

C. All concrete pipe casing used in well construction shall be new, free of defects, and shall conform to California Department of Water Resources Bulletin 74-81, as modified by subsequent supplements or revisions.

D. All polyvinylchloride casing used shall be new, free of defects, and shall meet ASTM standard F480.

E. The casing shall extend at least eight (8") inches above the ground surface or at least two (2") inches above the surface of the concrete slab.

F. Any well construction utilizing a pitless adapter shall only be constructed with steel casing meeting standards specified in Bulletin 74-81 and its supplements.

G. Other casing materials may be approved by the enforcement agency when such materials are approved for use by the Department of Water Resources.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. The annular space shall be effectively sealed with a sealing material to prevent surface or sub-surface pollution entering the well through casing joints or flowing down the outside of the casing and into the well at the lower end.

B. In unconsolidated formations the annular space shall be filled with sealing material having a minimum thickness of two (2") inches, except in the case of a concrete pipe cased well, which shall have a minimum thickness of three (3") inches.

C. Prior to sealing, a packer of cement, concrete, steel or other approved material shall be installed at the bottom of the annular space to be grouted. The seal shall be applied in one (1) continuous process either by pressure or by gravity in accordance with proper construction practice and in such a manner as to exclude surface and other undesirable water from the well.

D. If bentonite clay is used as the sealing material, the uppermost two (2') feet of the annular space shall be sealed with cement.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Well pits or below ground discharge pipes may be permitted at the discretion of the enforcement agency. Where the well casing terminates in a pit below the ground surface, the pit shall be constructed so as to be drained with a minimum three (3")-inch diameter pipe discharging water by gravity to the ground surface. The drain shall be screened at both ends. The casing shall be carried at least eight (8") inches above the pit floor. The well pit shall be so constructed and protected that floodwaters cannot enter the pit. Pits shall have easy access for proper operation, maintenance and inspection of the equipment. Doorways or hatches shall at all times effectively keep water out of the pit.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Access openings into the well casing or conductor pipe for addition of gravel to a gravel packed well, for sounding the well, for air release, for disinfection, and for any other purpose necessary for maintenance and operation of the well are required but must terminate above flood and high water levels or have a watertight seal. These openings shall be protected against entry of small animals, insects, floodwater, drainage or pump drippage, and other contaminating matter, by caps.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The enforcement agency may designate areas where groundwater quality problems are known to exist and where a well will penetrate more than one (1) aquifer. The enforcement agency may require special well seal(s) in these designated areas to prevent mixing of water from several aquifers.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The enforcement agency shall make an inspection of the annular seal construction work. It may make an initial inspection of each proposed drilling site prior to the issuance of a well permit, an inspection at the completion of the work, and inspections at such other times as it deems appropriate.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The enforcement agency shall inspect the annular space grout depth prior to the sealing.

A. Required Notice. The well driller shall notify the enforcement agency a minimum of two (2) hours prior to sealing the annular space of a well. Notification consists of submitting:

1. A valid Assessor's Parcel Number;

2. Date and specific time of well sealing;

3. Location of well sealing;

4. Permittee name.

B. Should Enforcement Agency Fail to be Present. If the enforcement agency fails to be present at the requested seal inspection time, the driller shall seal the well in accordance with the standards of this Chapter and any permit conditions.

C. Failure of Well Driller to Appear. If the well driller fails to appear and perform the well construction work as specified by the required confirmation notice indicating date and time, after fifteen (15) minutes the enforcement agency may leave the site. The well driller shall notify the enforcement agency of the need for reinspection for any future inspection of the work. The well driller shall pay a reinspection fee within two (2) working days following the reinspection.

D. Failure of the Well Driller to be Ready. The well driller may postpone the seal time without any consequences, providing the driller notifies the enforcement agency at least one (1) hour prior to the previously arranged well seal inspection time. If the notification is less than one (1) hour and the enforcement agency appears at the well site, the well driller may be required to proceed as in Subsection C above.

E. After The Fact Inspections. In the event that reliable technology exists, then the enforcement agency may, at its option, waive inspection of the sealing of a well's annular space. It may choose to inspect such seal installations after the fact, using such means as will determine the presence of a seal and not damage the well.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Upon completion of a well, the driller shall be responsible for the sanitary well seal or a well cover. The driller shall also submit a completed water well driller's report or photocopy of same, completed in detail on the State Department of Water Resources reporting form, to the Health Department. Said photocopy shall contain the assessor's parcel number of the subject property and permit number.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

If requested by the enforcement agency, the driller shall notify the enforcement agency within seven (7) calendar days of the completion of their work at each drilling site. The enforcement agency may make a final inspection after completion of the work to determine whether the well was completed in accordance with this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. Submittal of State "Water Well Driller's Report." A copy of the Water Well Driller's Report shall be submitted by the permittee to the enforcement agency within ninety (90) days of construction, alteration, or destruction of any well. This report shall document that the work was completed in accordance with the standards as set forth in the Department of Water Resources Bulletin 74-81 and all additional permit conditions. This Section shall not be deemed to release any person from the requirement to file said report with the State Department of Water Resources.

B. Confidentiality of Report. In accordance with Cal. Water Code § 13752, reports shall not be made available for inspection by the public but shall be made available for inspection by governmental agencies for use in making studies. Reports shall be made available to any person who obtains written authorization from the owner of the well.

C. Other Agency's Requirements. Nothing in this Chapter shall be deemed to excuse any person from compliance with the provisions of Cal. Water Code §§ 13750.5—13755 relating to notices and reports of completion or any other Federal, State, or local reporting regulations.

D. Well drillers that fail to comply with this Section shall not be issued any future well construction permits. Permits may be issued once all required reports are on file with the enforcement agency.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. No person shall connect to or use any well subject to this Chapter for which a Well Permit Completion has not been issued. The enforcement agency shall issue a Well Permit Completion only if, upon inspection of the work, the work complies with this Chapter and the conditions of the permit.

B. If inspected work does not comply with this Chapter and the conditions of the permit, the permittee shall be notified in writing. Work deficiencies shall be explained and satisfactory well completion or well destruction required. A Well Permit Completion shall be issued upon satisfactory completion.

C. A Well Permit Completion shall only be issued where the enforcement agency has the Water Well Driller's Report.

D. Denial of a Well Permit Completion may be appealed in accordance with Chapter 15.05.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Newly constructed or repaired wells shall be adequately treated with chlorine to a strength of at least fifty (50) PPM of available chlorine, in such a manner as to disinfect all parts of the well before or as the pump is set, and shall not be pumped for at least eight (8) hours. Prior to use for domestic purposes, the well shall be pumped sufficiently to eliminate the disinfectant residual.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

All pumps shall be installed so as to prevent contamination of the water supply by surface water or other contaminants. The pump shall be mounted through a sanitary well seal. There shall be access for introduction of chlorine into the well and gravel pack as needed. A faucet shall be provided on the discharge line, ahead of the storage tank, constructed so that a representative sample of the water in the well may be obtained.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

The owner of any property shall be responsible for destroying any uncapped or abandoned well, test hole, monitoring well or exploratory well located thereon. The well will not be considered abandoned if the owner declares their intention, in writing, to use such well again for supplying water or for other approved purposes, and if such well: a) has no defects in construction which would cause pollution or contamination of the potable groundwater by surface water; b) is covered with a well cover, c) is so marked as to be clearly seen; and d) the ground area surrounding the well is sloped away from the casing and kept clear of brush and debris.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Wells constructed after July 12, 1991, and which are not in compliance with this Chapter shall be made to comply with this Chapter or destroyed pursuant to this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

Prior to destroying a well, a detailed evaluation and report on the well shall be submitted to the enforcement agency by a licensed well driller. Such report shall indicate the type of well to be destroyed, all known geological conditions and the methods and material to be used in the destruction process. The methods and materials used in destroying wells and test holes shall be such that the potable or usable groundwater is protected from pollution or contamination or the entrance of surface water thereto. All abandoned wells shall be destroyed as follows:

A. Any obstruction in the well shall be removed when possible.

B. As much casing or lining in dug wells shall be removed as is physically possible.

C. Where necessary (depending on the type of casing) the remaining casing shall be ripped or perforated to fill any annular space or nearby voids.

D. The well shall be entirely filled with impervious material such as Class B concrete, concrete grout, neat cement or puddled clay.

E. The placement of the material shall be done in such a way as to assure a dense seal, free of voids, in order to exclude surface water.

F. Other methods of destroying wells and test holes may be approved by the enforcement agency if an equivalent effect will result, and no contamination or pollution to the potable or usable groundwater will occur.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))

A. The enforcement agency shall have the power under the following specified conditions to grant a variance from any provision of the standards referenced within this Chapter and to prescribe alternative requirements in their place. Any variance from the requirements of this Chapter shall be granted only with written approval of the Director.

B. Special Circumstances. Variances from any requirements of this Chapter shall be granted in specific cases only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application and enforcement of the requirements of this Chapter would involve practical difficulties or unnecessary hardship depriving such property of privileges enjoyed by other similar property in the vicinity. In these instances, a variance may be granted by the enforcement agency only if, in the opinion of the Director, no public health or water quality hazard would be created. Any variance granted shall be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity.

1. An application for a variance shall be submitted to the enforcement agency by the property owner or licensed well driller on forms provided by the enforcement agency and accompanied by the appropriate filing fee. Upon receipt of the application and filing fee, the enforcement agency shall make an investigation to determine whether a variance should be granted under the provisions of this Chapter. After conclusion of the investigation, the Director shall prepare a written order of specific findings of fact and reasons for granting or denying the variance. The enforcement agency shall respond to the filing of a completed application for a variance within fifteen (15) calendar days. If the enforcement agency fails to respond to the filing within fifteen (15) calendar days, the variance shall be deemed denied.

2. A representative from the enforcement agency must be present to witness the drilling, casing, and sealing of the annular space of any well constructed pursuant to this variance procedure.

3. Where setback requirements are reduced pursuant to this variance procedure, the Director may require larger and/or deeper annular seals, special casings, or other construction features to protect the public health and the groundwater quality.

4. For any well constructed pursuant to this variance procedure, the enforcement agency may require the submittal of samples to a State licensed laboratory for analyses as determined by the enforcement agency. The results of these tests shall be submitted to the enforcement agency within fifteen (15) calendar days of the completion of the test.

5. The enforcement agency, at its discretion, may sample any well constructed pursuant to this variance procedure for chemical and/or bacteriological quality for a period not to exceed twenty-four (24) months from date of completion. Should such sampling reveal contamination or pollution of the well or groundwater, appropriate repairs or destruction of the well shall be required by the enforcement agency.

6. The decision of the Director regarding a variance request may be appealed by any interested party to the Health Officer within fifteen (15) calendar days of the variance decision pursuant to Section 15.05.180.

7. A variance shall not be granted to allow the creation of substandard or nonconforming lots or parcels.

C. Intent Of Chapter Not Compromised. The granting of a variance shall be consistent with the purposes of this Chapter.

(Ord. 1717. (06/11/1991); Ord. 2531. (10/24/2023))