Chapter 8.36 — WATER WELLS

It is the purpose of this chapter to provide minimum procedures for the proper construction of domestic water wells, for the proper destruction of abandoned wells and the proper construction of drainage wells in order to ensure that water obtained from wells within the town will be suitable for the purpose for which used and that wells constructed or abandoned pursuant to this chapter will not cause pollution or impairment of the quality of the groundwaters within the town. (Ord. 16 §§1(S)(part), 2(B) (part), 1980: county code §23B-1)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

"Abandoned well" means a well which is a public nuisance or which has not been used for a period of one year and is not being properly maintained. For purposes of this definition, proper maintenance shall include, but not be limited to (1) the prevention of conditions which could impair the quality of water in the well or in the waterbearing formations penetrated and (2) marking the well and keeping the surrounding area clear of brush and debris so that the well can be clearly seen. "Abandoned well" includes a well drilled to secure water but which is a "dry hole" and not to be used for water.

B.

"Drainage well" means any hole or well dug, drilled, bored or otherwise constructed for the purpose of disposing of storm drainage water into subsurface strata.

C.

"Individual domestic well" means a water well constructed or used to supply domestic water to a residence or residential premises or commercial establishment, except for those residential premises or commercial establishments referred to in subsection A of this section and including any irrigation well which is intended to be used also to supply domestic water to a premises.

D.

"Public water supply well" means a water well constructed or used to supply water for domestic purposes in systems subject to Chapter 7, Part I of Division 5 of the California Health and Safety Code, including water wells used to supply water to any premises which contains or is proposed to contain a mobile home park, multifamily residential units in excess of four living units, public or private schools or restaurants, and shall include any well serving an average of at least twenty-five individuals at least sixty days out of the year. (Ord. 16 §1(S)(part), 1980: county code §23B-2)

No person, firm, association, organization, partnership, joint venture, business trust, corporation, company or special district formed under the laws of the state shall, within the town, construct any water well within an area served by a public water system, or any water well on a premises served by a public water system, or construct a public water supply well, individual domestic well, drainage well, or destroy and abandoned well, unless a written permit has first been obtained from the health officer of Butte County as provided in this chapter. (Ord. 16 §§1(S)(part), 2(C)(part), 1980: county code §23B-3)

A.

Application for permits shall be made to the health officer of the county together with the appropriate fee specified in the resolution establishing well standards. Applications shall be made on forms provided by the health officer. Applications for permits to construct a well shall include the following information:

Location of the property and the assessor parcel number;

Name and address of the person who will construct the well;

The proposed minimum depth of the well;

Proposed use of the well;

An accurate plot plan which will show within a radius of two hundred feet the following:

a.

Property lines and existing and proposed buildings,

b.

Sewage disposal systems, sewer lines and any other works carrying or containing sewage,

c.

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

d.

Other wells,

e.

The approximate surface drainage pattern of the property and areas subject to flooding.

B.

Applications for permits to destroy an abandoned well shall include such information as the health officer deems necessary but not more than that required by this section for permits to construct. (Ord. 16 §1(S) (part), 1980: county code §23B-4)

Standards for the construction of wells and for destroying abandoned wells shall be adopted by resolution of the town council and may be modified from time to time by resolution. (Ord. 16 §§1(S)(part), 2(A)(part), 1980: county code §23B-5)

Permits shall be granted pursuant to this chapter only to the owner of the property in question, his authorized representative, or to a person holding a valid license as a general contractor or well or pump contractor. (Ord. 16 §1(S)(part), 1980: county code §23B-6)

Permits issued pursuant to this chapter shall be valid for one year and shall automatically become void one year from the date of issuance unless renewed prior to the expiration date. (Ord. 16 §1(S)(part), 1980: county code §23B-7)

Upon completion of a well, the owner or licensed well driller shall file a copy of a well driller's report with the health officer. The report shall be filled out completely, signed by the well driller and shall include a well log and such other information as will enable the health officer to determine that the well was installed in compliance with the standards required by this chapter and the resolution establishing well standards. This provision shall not be deemed to release any person from compliance with the provisions of Article 3, Chapter 10, Division 7 of the Water Code of the state or any succession or amendment thereto. No work shall be deemed to have been completed until such well driller's report has been received by the health officer. (Ord. 16 §1(S)(part), 1980: county code §23B-8)

A.

The health officer or his designated representatives are empowered to enter upon private property in order to make inspections for the purpose of enforcing the provisions of this chapter. A final inspection of the work performed on any well pursuant to this chapter shall be made by the health officer unless such inspection is waived by him, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been either made and the installation approved, or waived.

B.

In lieu of an inspection of a drainage well, the health officer may accept a log of the drainage well from a licensed well driller or licensed engineer, which log shows the dry well to be in conformity with the requirements of this chapter. (Ord. 16 §1(S)(part), 1980: county code §23B-9)

This chapter shall not be construed as imposing upon the town any liability or responsibility for damage resulting from defective construction, repair or reconstruction of any well or any destruction of any abandoned well. Further, neither the issuance of a permit pursuant to this chapter, final inspection of work performed on any well pursuant to this chapter nor the waiver of such final inspection shall be, nor

construed to be, a guarantee by the town that suitable water in sufficient quantity is available from any well. (Ord. 16 §§1(S)(part), 2(B)(part), 1980: county code §23B-11)

Any construction, repair or reconstruction of any well or any destruction of any abandoned well in violation of the provisions of this chapter constitutes a misdemeanor punishable as described in Chapter 1.08; provided, however, that nothing in this section shall be deemed to abrogate or annul the right to enjoin or abate such violations by civil action. (Ord. 16 §1(S)(part), 1980: county code §23B-10)