Riverside County Municipal Code Ch. 13.20 Water Wells

Footnotes:

--- (2) ---

Editor's note— Ord. No. 682.6, §§ 1—22, adopted August 17, 2021, amended chapter 13.20 in its entirety to read as herein set out. Former chapter 13.20, §§ 13.20.010—13.20.270, pertained to similar subject matter, and derived from Ord. No. 682.3, §§ 1—26, 28, 1999; Ord. No. 682.4, § 1, 2007; Ord. No. 682.5, §§ 1—22, 5-11-2021.

The purpose of this chapter is to provide minimum standards for construction, reconstruction, abandonment, and destruction of all wells in order to: (a) protect underground water resources, and (b) provide safe water to persons within Riverside County. Pursuant to the authority cited in Chapter 13801(c) of the California Water Code, the Riverside County Department of Environmental Health shall enforce the provisions of this chapter within its jurisdiction.

Standards for the construction, reconstruction, abandonment, or destruction of wells shall be the standards recommended in the Bulletins of the California Department of Water Resources as follows: Bulletin 74-81 Chapter II Water Wells, and Bulletin 74-90 (Supplement to Bulletin 74-81) and as these bulletins may be amended by the State of California from time to time. The content of said bulletins are hereby incorporated by reference.

(Ord. No. 682.6, § 1, 8-17-2021)

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:

"Abandoned wells" and "abandonment", shall apply to a well whose original or functional purpose and use has been discontinued for a period of one (1) year and which has not been declared for reuse with the department by the legal owner, or a well in such a state of disrepair that it cannot be functional for its original purpose or any other function regulated under this chapter.

"Agriculture well" shall mean any water well used to supply water for irrigation or other agricultural purposes.

"Cathodic protection well" shall mean any artificial excavation in excess of fifty (50) 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.

"Community water supply well" shall mean any well which provides water for public water supply systems.

"Contamination" shall mean an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

"Cross-connection" shall mean any unprotected connection between any part of a water system used or intended to supply water for domestic purposes and any source or system containing water or other substances that are not or cannot be approved as safe, pure, wholesome, and potable for human consumption.

"Department" shall mean the Riverside County Department of Environmental Health.

"Director" shall mean the director of environmental health or their duly authorized representative.

"Distribution system" shall include the facilities, conduits, or any other means used for the delivery of water from the source facilities to the customer's system.

"Driven well" is a small diameter well made by connecting lengths of 1¼" or 2" diameter steel pipe together with threaded couplings. Threaded to the bottom of the string of pipe is a drive-point well screen. Driven wells are permitted for non-potable use only.

"Geothermal heat exchange well" shall mean any uncased excavation by any method for the purpose of using the heat exchange capacity of the earth for heating and cooling and in which the ambient ground temperature is 860 Fahrenheit (300 Celsius) or less and which uses a closed loop fluid system to prevent the discharge or escape of its fluid into the surrounding aquifers or geologic formations. Geothermal Heat Exchange Wells are also known as ground source heat pump wells (California Water Code Section 13713). Such wells or boreholes are not intended to produce water or steam.

"Exploration hole" (or "boring") shall mean an uncased excavation for the purpose of immediately determining the existing geological and/or hydrological conditions at the site either by direct observation or other means.

"Extraction well" shall mean any well used to extract water for treatment, dewatering or other processes but not to include domestic or agricultural uses.

"Individual domestic well" (IDW) shall mean any well used to supply water for domestic needs other than a public water supply system.

"Industrial well" shall mean any well used primarily to supply water for industrial processes and may supply water intentionally or incidentally for domestic purposes.

"Injection well" (or "recharge well") shall mean any well used to inject water of approved quality into groundwater basins (special approval required).

"Lateral (horizontal) well" shall mean a well drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical well and does not include horizontal drains or wells constructed to remove subsurface water from hillside, cuts, or fills.

"Monitoring well" shall mean an artificial excavation by any method for the purpose of observing, monitoring, or supplying the conditions of a water bearing aquifer, such as fluctuations in groundwater levels, quality of ground waters, or the concentration of contaminants in underground waters.

"Person" shall mean any individual, firm, corporation, association, profit or non-profit organization, trust, partnership, special district, or governmental agency to the extent authorized by law.

"Pollution" shall mean an alteration of water by waste to a degree which unreasonably affects such water for beneficial uses, or facilities which serve such beneficial uses "pollution" may include "contamination".

"Public water system" shall mean:

1. A system, regardless of type of ownership, for the provision of piped water to the public for domestic use, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days of the year. A public water system includes:

A. Any collection, treatment, storage, and distribution facilities which are used primarily in connection with such system and which are under control of the water supplier.

B. Any collection or pretreatment storage facilities which are used primarily in connection with such system but are not under control of the water supplier.

"Reconstruction" means certain work done to an existing well in order to restore its production, replace defective casing, seal off certain strata or surface water, or similar work, not to include the cleaning out of sediments, surging, or maintenance to the pump or appurtenances where the integrity of the sanitary seal or water bearing strata are not violated.

"Sanitary seal" shall mean the approved material placed in the upper portion of the space between the well casing and the wall of the drilled hole.

"Source facilities" shall include wells, stream, diversion works, infiltration galleries, springs, reservoirs tanks, and all other facilities used in the production, treatment, disinfection, storage, or delivery of water to the distribution system.

"Water well" shall mean 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:

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

2. Wells used for the purpose of:

a. Dewatering excavation during construction; or

b. Stabilizing hillsides or earth embankments, unless located within five hundred (500) feet of a potential source of groundwater contamination.

(Ord. No. 682.6, § 2, 8-17-2021)

A. No person or entity shall construct, reconstruct or destroy a well that requires a permit from the department as noted in this section.

B. The following well types require a permit:

1. Water well.

2. Cathodic protection well.

3. Monitoring well.

4. Geothermal heat exchange well.

5. Injection or recharge wells.

6. Extraction wells.

C. The following activities do not require a permit:

1. Exploration holes or borings used for the purposes of determining immediate geological or hydrological information relating to onsite wastewater treatment systems.

2. Exploration holes or borings used for the purposes of determining geological or hydrological information relating to environmental assessments, liquefaction studies or geotechnical investigations for construction purposes, that are temporary and destroyed within twenty-four (24) hours.

D. Any person or entity seeking a permit for the construction, reconstruction or destruction of a well shall apply for a permit on an application supplied by the department and submit the applicable fee(s) as noted in Ordinance No. 640. The application shall conform with all applicable sections of this chapter related to construction, reconstruction or destruction of a well.

E. All complete and accurate permit applications shall be approved or denied within fifteen (15) working days after the date of filing of the application or shall be deemed approved. The term working day shall be defined to mean a day in which the County of Riverside is open to members of the public for regular business.

1. Approved permits may include conditions and requirements found by the department to be reasonably necessary to accomplish the purpose of this chapter.

2. If the application is denied, the applicant shall be informed of any deficiencies contained in the application at the time of being notified of such denial. The applicant, after initial denial, may resubmit a corrected application that addresses the deficiencies that were identified as part of the application denial. The applicant shall resubmit a corrected application within thirty (30) days after being notified of the application denial or thereafter a new permit application will need to be submitted.

F. Any person or entity who commences any work for which a permit is required by this department without obtaining a permit, shall pay double the permit fee for such work.

1. No penalty shall apply to emergency work when it has been established in writing to the satisfaction of the director that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all cases in which emergency work is necessary, a permit shall be applied for within three working days after commencement of the work. The applicant for a permit for any such emergency work shall, in any case, demonstrate that all work performed is in compliance with the technical standards of section 13.20.080 of this chapter.

(Ord. No. 682.6, § 3, 8-17-2021)

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized in the approved application has not been completed within twelve (12) months following the issuance of the permit.

B. The permit fee shall be non-refundable.

C. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction, repair, reconstruction, or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter.

(Ord. No. 682.6, § 4, 8-17-2021)

A. The director may revoke or suspend a permit issued pursuant to this chapter upon a finding that:

1. A permit violation exists where any of the following conditions are present:

a. The permit was issued in error.

b. The permit was issued on the basis of incorrect information supplied by the permittee.

c. The permittee violated any of the provisions of this chapter or the conditions and requirements attached to the permit.

2. A notice of violation has been sent to the permittee by first class mail in the form of a written notice specifying the violation(s).

3. The permittee has failed or neglected to correct the violation within twenty (20) days from the date the written notice is mailed.

B. A permit may be revoked or suspended by the director as provided for herein after the permittee is afforded an opportunity for a hearing pursuant to section 13.20.060 of this chapter.

C. Notwithstanding the foregoing, a permit may be summarily revoked or suspended in the event that the director determines that exigent circumstances exist which demonstrate an immediate threat to the public health or safety. Upon a determination that exigent circumstances exist, a permittee shall be sent a written notice of violation pursuant to part subsection 13.20.050 A.2. of this section and alternatively afforded an opportunity for a hearing pursuant to section 13.20.060 of this chapter.

(Ord. No. 682.6, § 5, 8-17-2021)

A. Hearings. Any person requesting a hearing shall file with the department a written petition requesting the hearing and setting forth a brief statement of the grounds for the request within ten (10) days from the date the permit application was denied, revoked or from the date the written notice of violation was mailed pursuant to section 13.20.050 A.2. of this chapter. The failure to timely submit a written request for a hearing shall be deemed a waiver of the right to such hearing.

B. Hearing procedure. The hearing officer shall be the director or the director's designee. The hearing shall be set for a date within ten (10) days from the date the written request is received by the department unless extended at the request of the petitioner. At the time and place set for the hearing, the hearing officer shall give the petitioner and other interested persons, adequate opportunity to present any facts pertinent to the matter at hand. The hearing officer may, when deemed necessary, continue any hearing by setting a new time and place and by giving notice to the petitioner of such action. At the close of the hearing, or within twenty (20) business days thereafter, the hearing officer shall order such disposition of the permit application or permit as determined to be proper, and shall, by postage prepaid, certified mail, notify the petitioner of the hearing officer's final determination.

(Ord. No. 682.6, § 6, 8-17-2021)

No persons shall engage in any activity listed in section 13.20.030 of this chapter unless they are in compliance with the provisions herein and possesses a valid C57 license in accordance with the California Contractor's State License Law (Chapter 9, Division 3 of the Business and Professions Code), or possesses a license appropriate to the activity to be engaged in. Such person shall register annually with the department thereto prior to commencing any activity regulated by this chapter. The driller's registration may be suspended if there are any well driller's reports outstanding and due or for other just cause. All well drilling rigs are to be identified as specified in the Contractor's License Law Section 7029.5 1990.

(Ord. No. 682.6, § 7, 8-17-2021)

Any standards not addressed in this section shall default to the standards noted in Bulletin No. 74-81 Chapter II, Water Wells, and Bulletin No. 74-90 (Supplement to Bulletin No. 74-81) and as these bulletins may be amended by the State of California from time to time.

A. Sanitary seals. The space between the well casing and the wall of the drilled hole, often referred to as the annular space, shall be effectively sealed to prevent it from being a preferential pathway for movement of poor-quality water, pollutants, or contaminants.

Minimum depth of sanitary seals:

1. Community water supply wells: 50 ft.

2. Individual domestic wells: 20 ft.

3. Agricultural wells: 20 ft.

4. Industrial wells: 50 ft.

5. Monitoring wells: 20 ft.

Sanitary seal exceptions:

1. The area designated in Attachment A contains a semi perched aquifer that requires two hundred (200) feet sanitary seals for all well types to prevent the entrance of poor quality water or its migration into other aquifers.

2. Monitoring wells may have depths less than twenty (20) feet when required by the oversight agency.

3. Driven wells.

B. Well location.

1. It shall be unlawful for any person or entity to drill, dig, excavate, or bore any water well at any location where sources of pollution or contamination are known to exist, have existed, or otherwise substantial risk exists that water from that location may become contaminated or polluted even though the well may be properly constructed and maintained.

2. Community water supply wells shall be located an adequate distance from all potential sources of contamination and pollution as follows:

a. Sewer - 50-foot minimum.

b. Watertight septic tank - 150-foot minimum.

c. Subsurface sewage leach line or leach field - 150-foot minimum.

d. Cesspool or seepage pit - 200-foot minimum.

e. Animal enclosures - 100-foot minimum.

f. Any surface sewage disposal system discharging two thousand (2,000) gal./day or more - 200-foot minimum.

3. All other wells shall be located an adequate distance from all potential sources of contamination and pollution as follows:

a. Sewer - 50-foot minimum.

b. Watertight septic tank - 100-foot minimum.

c. Subsurface sewage leach line or leach field - 100-foot minimum.

d. Cesspool or seepage pit - 150-foot minimum.

e. Animal enclosures - 100-foot minimum.

f. Any surface sewage disposal system discharging 2,000 gal./day or more - 200-foot minimum.

4. All newly drilled water wells shall have a minimum fifty (50) feet setback from the property line(s).

5. Exceptions to the well location requirements include the following:

a. Extraction wells used for the purpose of extracting and treating water from a contaminated aquifer.

b. Wells from which water is to be treated to meet all state department of public health standards and requirements.

c. Wells from which water will be blended with other water sources resulting in water that meets all state department of public health standards and requirements.

d. Monitoring wells for the purpose of site assessment and/or remediation required by an appropriate oversight agency.

e. Lateral Wells shall also be placed in a location that does not bring any portion of the well length within the distances noted in subsections B.2. and 3. of this section.

C. Water well surface features.

1. Well base/pad. A concrete base/pad shall be installed so that it extends a minimum of two feet laterally in all directions from the well casing. The base/pad shall slope away from the well casing. The base/pad must have a minimum thickness of four inches.

2. Sample tap. A non-threaded down-turned sampling tap shall be provided on any community or IDW. The tap shall be in a location that is representative of the source water.

3. Water well disinfection pipe. All community water supply wells and IDWs shall be provided with a pipe or other effective means through which chlorine or other approved disinfecting agents may be introduced directly into the well, the pipe shall be extended at least four inches above the finished grade or base/pad, whichever is higher, and shall have a threaded or equivalently secured cap on it.

4. Backflow prevention assembly. Wells shall be furnished with an approved backflow prevention assembly or a sufficient air gap to insure that a cross-connection with the well does not exist.

5. Water well flow meter. All community water supply wells serving a public water supply system shall have a flow meter or other suitable measuring device shall be located at each source facility and shall accurately register the quantity of water delivered to the distribution system.

6. Air-relief vent. An air-relief vent, when required, shall terminate downward, be screened, and otherwise be protected from the entrance of contaminants.

D. Wells requiring additional review. Wells that cannot meet the standard set forth in this section or that may require variances from the standards within this chapter, Bulletin No. 74-81, or Bulletin No. 74-90 shall require additional environmental review, up to, and including, review under the California Environmental Quality Act, as determined by the Department prior to consideration of approval.

(Ord. No. 682.6, § 8, 8-17-2021)

Destruction of wells shall default to the standards noted in Bulletin No. 74-81 Chapter II, Water Wells and Bulletin No. 74-90 (Supplement to Bulletin No. 74-81) and as these bulletins may be amended by the State of California from time to time.

(Ord. No. 682.6, § 9, 8-17-2021)

A site inspection by the department is required prior to issuance of a permit for a community well that is to be part of a public water system, other wells that possess a high potential for contamination, or as needed to determine that a well site meets minimum setback requirements. In the event that the well is to serve a system under the direct jurisdiction of the state water resources control board, then, that agency may perform the site inspection and notify the department of environmental health of its approval or disapproval.

(Ord. No. 682.6, § 10, 8-17-2021)

A. A well inspection shall be scheduled with the department at least two working days in advance of the following activities:

1. For all wells:

a. The filling of the Sanitary Seal.

b. Any other operation or condition for which a special inspection is stipulated on the well permit.

2. For IDWs. After the installation of all surface equipment and after the well has been disinfected and purged.

3. For well destruction. During the destruction process.

B. If the enforcement agency fails to appear at the well site within thirty (30) minutes of the scheduled day and time designated for sealing, the well may be sealed without the presence of the enforcement agency. However, the driller shall seal the well in accordance with the standards of this chapter and the permit.

C. Upon failure to schedule an inspection with the department for the filling of the annular space, approved geophysical tests including sonic log and gamma ray log may need to be conducted at the owner's expense, to substantiate that a sanitary seal has been properly installed.

(Ord. No. 682.6, § 11, 8-17-2021)

Drilling fluids and other drilling materials shall not be allowed to discharge onto streets or into waterways, and shall not be allowed to discharge to the adjacent property unless a written agreement with the owner(s) of the adjacent property is obtained; provided, however, that such fluids and materials are discharged off- site with permission and are removed within thirty (30) days after completion of the well drilling and there is no violation of waste discharge regulations. This section shall not operate to prohibit the surface discharge of contaminated groundwater provided such discharge is carried out in compliance with a lawful order of a regional water quality control board.

(Ord. No. 682.6, § 12, 8-17-2021)

Any person who has drilled, dug, excavated, bored or destroyed a well subject to this chapter shall within sixty (60) days after completion to furnish the department with a complete log of such well on a standard form provided by the state department of water resources. The department may require inspection of the well log during any phase of the well's construction or destruction and where necessary to achieve the purposes of this chapter. The department's review of the well logs may require modification of the work as originally planned.

(Ord. No. 682.6, § 13, 8-17-2021)

Every new, repaired, or reconstructed community water well or IDW, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well gravel used in packed wells, pipes, pump, pump column, and all well water contact equipment surfaces, shall be disinfected by a department-approved method. The disinfectant shall remain in the well and upon all relevant surfaces for at least twenty-four (24) hours. Disinfection procedures shall be repeated until laboratory results show that coliforms are no longer present.

(Ord. No. 682.6, § 14, 8-17-2021)

A. Water from all new, repaired, and reconstructed community water wells, shall be tested for and meet the standards for constituents required in the California Code of Regulations, Title 22, Domestic Water Quality and Monitoring.

B. All IDWs shall be sampled for total coliform, nitrate, fluoride, total filterable residue (or total dissolved solids) and any other constituent determined to be necessary by the department to meet the standards set forth in California Code of Regulations, Title 22, Domestic Water Quality and Monitoring.

C. At the discretion of the director, for the purpose of protecting the health and safety of the public, any new, repaired, or reconstructed water well shall be tested for and must meet, any or all additionally specified Water Quality Standards in accordance with the California Code of Regulations, Title 22, Domestic Water Quality and Monitoring. Exceptions would be community well water to be either treated or blended with other water sources to meet State Department of Public Health standards and requirements. Said treatment or blending must be approved by the State Department of Public Health.

D. Notwithstanding part B, an IDW failing to meet the fluoride and/or nitrate standard will require recordation of this fact on the grant deed of property.

E. Water well samples shall be evaluated by an Environmental Laboratory Accreditation Program (ELAP) accredited laboratory.

F. Initial water quality samples on an IDW shall be collected by the department.

(Ord. No. 682.6, § 15, 8-17-2021)

A. All IDWs providing drinking water must be tested for the purpose of achieving a minimum level of water production capability.

B. Water production testing shall be performed under the direct supervision of a California licensed C-57 well driller, C-61 pump contractor, D-21 pump contractor or a certified hydrogeologist. Said testing shall include the following requirements:

1. Water production shall be kept at a constant rate of no less than one gallon per minute per single family dwelling for a minimum of four hours. Higher production rates may be required based upon the proposed water usage and as determined by the department. This level of production applies to new water wells used for domestic purposes and existing water sources on property being improved. The well shall not pump dry during the test.

2. Water discharged from the water well during the production test shall be restricted so that it does not re-enter the water well that is the subject of the test.

(Ord. No. 682.6, § 16, 8-17-2021)

A well evaluation is required for all water wells that do not have approved water sample results from the department in the last twelve (12) months and are to be utilized as a potable water supply for a proposed development or improvement of property that does not meet the definition of a public water system. A well evaluation may be requested by the applicant or otherwise required by this department.

The department shall perform a well-site inspection and conduct the water sampling portion of the evaluation to confirm compliance with applicable sections of this chapter.

(Ord. No. 682.6, § 17, 8-17-2021)

Where an abandoned or unused well is identified, the department shall require the owner of the well to apply in writing, their intention to reuse the well or to destroy the well.

A. An owner proposing reuse shall certify the following:

1. The well has no defects which will allow the impairment of the quality of water in the well.

2. The well is covered such that the cover is watertight and cannot be removed except with the aid of equipment, the use of tools or is otherwise secured.

3. The well is marked so it can be located easily.

4. The area surrounding the well is kept clear of bush and/or debris.

5. The well is maintained in a manner that does not create a hazard or nuisance as determined by the department.

B. If the owner chooses not to apply for a proposed reuse of the well, they shall apply for a well destruction in accordance with this chapter.

C. If the owner has not applied to the department for a proposed reuse of the well or its destruction, and the well has been found by the department to be a hazard, whereby its continued existence is likely to cause damage to ground water and/or a threat to public health and safety, the department shall direct the owner to destroy the well, in accordance with section 13.20.030 of this chapter.

D. When an owner fails to comply with the department's order to destroy a well, such well may be declared a public nuisance pursuant to Government Code Section 50231, and thereafter abated pursuant to Title 5, Division 1, Article 9 of the California Government Code. Where abatement is undertaken at the expense of the county, such cost shall constitute a special assessment against the parcel and shall be added to the next regular tax bill as enumerated under Government Code Section 50244 et seq.

(Ord. No. 682.6, § 18, 8-17-2021)

Any violation of this chapter shall be subject to legal remedy up to and including permit suspension, revocation, administrative citations, as noted in Ordinance No. 725, and/or criminal citations. Those remedies may also include recovery of abatement costs, as defined in Ordinance No. 725, at the sole discretion of the director.

(Ord. No. 682.6, § 19, 8-17-2021)

In addition, any violation of this chapter is hereby deemed to be a public nuisance and may be abated by the director or his designee, irrespective of any other remedy hereinabove provided.

(Ord. No. 682.6, § 20, 8-17-2021)

If any part or provision of this chapter, or application thereof, to any person or circumstance is held invalid, the remainder of this chapter, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.

(Ord. No. 682.6, § 21, 8-17-2021)

The provisions of any existing ordinance or State or Federal law affording greater protection to the public health or safety shall prevail within this jurisdiction over the provisions of this chapter and the standards adopted or incorporated by reference thereunder.

(Ord. No. 682.6, § 22, 8-17-2021)