San Benito County Municipal Code Art. III Well Standards

SUBARTICLE I. PURPOSE AND DEFINITIONS

It is the purpose of this article to protect the health and safety and general welfare of the people of the county by ensuring that the groundwaters of this county will not be polluted or contaminated, that undue well interference is prevented, and that groundwater supply is maintained at economic groundwater levels. To this end, minimum requirements are contained in this article for construction, reconstruction, repair and destruction of water wells, cathodic protection wells and monitoring wells.

(1966 Code, § 17C-1) (Ord. 779, § 1(part))

(A) Generally. As defined in other documents, except as otherwise required by the context of this article, the terms used in this article shall have the same meaning as in Cal. Water Code Article 2 of Chapter 10 of Division 7 and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions.

ADMINISTRATOR. The person to whom authority and responsibility for implementing and enforcing this article is delegated by the enforcing agency. The Administrator shall have the power to hold hearings, certify environmental review documents, issue, condition, revise and revoke permits and to designate deputies to assist in carrying out these duties.

BOARD. The Board of Supervisors of the county.

ENFORCING AGENCY, ENFORCEMENT AGENCY and AGENCY. That agency designated by the Board to administer and enforce this article, and shall include any person designated by the Board of the enforcing agency to whom its authority to administer this article is delegated by resolution; the person shall be referred to in this article as the “Administrator”. The Administrator may exercise, by delegation from the agency, all powers of the agency under this article, with the exception of the hearing of appeals.

PERSON. Any person, firm, corporation or governmental agency, to the extent authorized by law.

WELL or WATER WELL. The Cal. Water Code § 13710, defines well or water well to mean “. . .any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground.” The Board of Supervisors does not intend that potholes, drainage trenches or canals, waste water ponds, shallow root zone piezometers, stock ponds, springs or similar excavations be included within the definition of wells. The enforcement agency, in determining what constitutes “similar excavations,” shall exclude from the definition of WELL, those excavations which by reason of their depth, use, location, geologic setting or other reasonable hydrologic factors do not pose a substantial risk of polluting the groundwater of the county.

(B) Tense or gender. Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural, and the plural the singular.

(C) Section headings. When contained in this article, shall not govern, limit, modify or, in any manner, affect the scope, meaning or intent of the provisions of any section.

(1966 Code, § 17C-2) (Ord. 779, § 1(part))

SUBARTICLE II. PERMITS

(A) When required. No person shall dig, bore, drill, deepen, modify, repair or destroy a water well, cathodic protection well, observation well, monitoring well or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this article, unless exempted by law.

(B) Penalty for failure to obtain permit. Any person who shall commence any work for which a permit is required by this article without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

(C) Emergency work. The above provisions shall not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall:

(1) Time limit. Apply for a permit within three working days after commencement of emergency work;

(2) Urgency. Satisfy the enforcement agency that the work was urgently necessary; and

(3) Conformance with standards. Demonstrate that all work performed was in conformance with the technical standards as designed in Subarticle III of this article.

(1966 Code, § 17C-3) (Ord. 779, § 1(part))

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 article. The application shall be accompanied by the required filing fee. If the enforcement agency finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions are necessary to fulfill the purposes of this article.

(1966 Code, § 17C-4) (Ord. 779, § 1(part))

Filing fees may be set by the agency Board from time to time, as necessary to cover the costs of administration of this article.

(1966 Code, § 17C-5) (Ord. 779, § 1(part))

(A) Limitations. When the enforcement agency issues a permit pursuant to this article, it may condition the permit in any manner necessary to carry out the purposes of this article. Conditions may include, but are not limited to, the quantity and quality testing methods as the enforcement agency finds necessary, and a requirement for periodic confidential reporting of water extractions.

(B) Performance bond. The enforcement agency may require a performance bond as a condition to the permit.

(C) Persons permitted to work on wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an action C-57 contractor’s license in accordance with the provisions of the Cal. Business and Professions Code §§ 7000 et seq. and Cal. Water Code § 12750.5.

(D) Proper disposal of drilling fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

(E) Abandoned wells. As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this article.

(F) Posting of permit. It shall be the responsibility of the permittee to maintain a copy of this permit on the drilling site during all stages of construction or destruction.

(G) Filing of permit. The enforcement agency shall send a copy of each well permit issued to the office of the County Assessor.

(1966 Code, § 17C-6) (Ord. 779, § 1(part))

The enforcement agency shall deny an application for a permit if, in its judgment, issuance of a permit is not in the public interest because it poses a threat to groundwater quality, would create unreasonable well interference or would unreasonably affect availability of groundwater resources.

(1966 Code, § 17C-7) (Ord. 779, § 1(part))

The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the enforcement agency may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit.

(1966 Code, § 17C-8) (Ord. 779, § 1(part))

(A) Circumstances for the action. The enforcement agency may suspend or revoke any permit issued pursuant to this article, whenever it finds that the permittee has violated any of the provisions of this article, or has misrepresented any material fact in his or her 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 enforcement agency head or his or her designated representative. An appeal may be made as set forth below.

(B) Consequences. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, the permit has been reinstated by the enforcement agency.

(C) Ordered additional work. Upon suspending or revoking any permit, the enforcement agency may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if the work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued pursuant to this article shall fail to comply with any such order.

(1966 Code, § 17C-9) (Ord. 779, § 1(part))

SUBARTICLE III. WELL STANDARDS

Except as otherwise specified, the standards for the construction, repair, reconstruction, 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” except as validly modified by subsequent revisions and/or supplements.

(1966 Code, § 17C-10) (Ord. 779, § 1(part))

SUBARTICLE IV. VARIANCES

The enforcement agency shall have the power under the following specified conditions to grant a variance from any provision of the standards referenced above and to prescribe alternative requirements in their place:

(A) Special circumstances. There must be a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard; and

(B) Intent of ordinance not compromised. The granting of such a variance is consistent with the purpose of this article.

(1966 Code, § 17C-11) (Ord. 779, § 1(part))

SUBARTICLE V. GROUNDWATER PROTECTION

The enforcement agency may designate areas where groundwater quality problems are known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require in these designated areas special well seal(s) to prevent mixing of water from several aquifers. Where an applicant proposes well construction, reconstruction or destruction work in such an area, the enforcement agency may require the applicant to provide a report prepared by a registered geologist or registered civil engineer (Cal. Business and Professions Code §§ 7850 and 6762 respectively) that identifies all strata containing poor quality water and recommends the location and specifications of the seal or seals needed to prevent the entrance of poor-quality water or its migration into other aquifers.

(1966 Code, § 17C-12) (Ord. 779, § 1(part))

SUBARTICLE VI. INSPECTIONS

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

(1966 Code, § 17C-13) (Ord. 779, § 1(part))

(A) Upon receipt of an application, the enforcement agency may make an inspection of the drilling site prior to the issuance of a well permit. The purpose of this inspection is to determine whether there are any site conditions requiring modification of the application or imposition of special conditions.

(B) If justified by site conditions, the enforcement agency may do any of the following:

(1) Relocation of drilling site. Require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution, or threaten unreasonable interference with the operation of nearby wells; and

(2) Additional conditions. Set additional conditions if needed to remediate any previously unknown groundwater quality protection problems.

(1966 Code, § 17C-14) (Ord. 779, § 1(part))

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

(A) Required notice. The enforcement agency shall be notified by the well driller a minimum of one full working day (not including weekends or state holidays) prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement agency one full working day prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

(B) Should enforcement agency fail to be present. If the enforcement agency fails to appear when the seal is to be tremied or placed and proper notice under division (A) of this section is given, the driller shall seal the well in accordance with the standards of this article and any permit conditions. No seal shall be tremied or placed until permission to proceed is given by the enforcement agency, absent prior notice to the enforcement agency by the well owner or representative pursuant to division (A) of this section.

(1966 Code, § 17C-15) (Ord. 779, § 1(part))

The driller shall notify the enforcement agency within seven days of the completion of its 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 article.

(1966 Code, § 17C-16) (Ord. 779, § 1(part))

(A) The enforcement agency may waive inspections should any of the following conditions exist:

(1) Well inspected by other agencies. Inspections may be waived where the work will be inspected by the staff of the California Regional Water Quality Control Board or the California Department of Health Services if these designated agencies will inspect and report to the enforcement agency on all drilling features required by the standards.

(2) Monitoring wells under specified conditions. Inspections may be waived for monitoring wells that will penetrate only aquifers containing degraded waters or will penetrate only formations that normally contain no water.

(3) Drilling sites known to have no threats to groundwater quality. Initial inspections may be waived when the drilling site is well known to the enforcement agency staff and it is known that no significant threats to groundwater quality exist in the area.

(B) Waiver of inspection shall be indicated by the agency’s written endorsement on the applicant’s permit.

(1966 Code, § 17C-17) (Ord. 779, § 1(part))

SUBARTICLE VII. COMPLETION REPORTS

The driller shall provide the enforcement agency a completion report within 30 days of the completion of any well construction, reconstruction or destruction job.

(1966 Code, § 17C-18) (Ord. 779, § 1(part))

(A) A copy of the “Report of Completion” (Water Well Driller’s Report, Department of Water Resources Form 188) required by Cal. Water Code § 13751 shall be submitted by the permittee to the enforcement agency within 30 days of construction, alternation or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions.

(B) This section shall not release any person from the requirement to file the report with the state’s Department of Water Resources.

(1966 Code, § 17C-19) (Ord. 779, § 1(part))

In accordance with Cal. Water Code § 12752, 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.

(1966 Code, § 17C-20) (Ord. 779, § 1(part))

Nothing in this article shall excuse any person from compliance with the provisions of Cal. Water Code §§ 13750 through 13755 relating to notices and reports of completion or any other federal, state or local reporting regulations or other regulations.

(1966 Code, § 17C-21) (Ord. 779, § 1(part))

SUBARTICLE VIII. APPEALS

Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied by the Administrator, may appeal to the enforcing agency’s board, in writing, within ten days after any such denial, conditional granting, suspension or revocation. The appeal shall specify the grounds upon which it is taken, and shall be accompanied by any required filing fee. The clerk of the enforcement agency’s board shall set the appeal for hearing at the earliest practicable time, and shall notify the appellant and the enforcement agency board, in writing, of the time set at least five days prior to the hearing.

(1966 Code, § 17C-22) (Ord. 779, § 1(part))

After the hearing, the appellate board may affirm, may reverse wholly or partly, or may modify the order or determination appealed from.

(1966 Code, § 17C-23) (Ord. 779, § 1(part))

SUBARTICLE IX. ABATEMENT

It shall be unlawful for any person owning land in fee simple or in possession thereof under lease or contract of sale to knowingly permit the existence on the premises any permanently inactive well, cathodic protection well, or monitoring well, as defined in Ca1. Water Code §§ 13710, 13711 and 13712, respectively, that constitutes a known or probable preferential pathway for the movement of pollutants, contaminants, or poor quality water, from above ground to below ground, or vertical movement of pollutants, contaminants, or poor quality water below ground, and that movement poses a threat to the quality of the waters of the state.

Statutory reference:

Abandoned wells, see Cal. Health and Safety Code, §§ 115700 et seq.

SUBARTICLE X. VIOLATION; PENALTY; ENFORCEMENT

Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.03 of this code.

(1966 Code, § 17C-25) (Ord. 779, § 1(part))

Any violation of this article is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(1966 Code, § 17C-26) (Ord. 779, § 1(part))

Except as otherwise provided by law, the remedies provided in this article are cumulative and not exclusive. Nothing in this article is intended, or shall be deemed or construed to limit or impair the ability of the Administrator, the enforcing agency or the county or any of the county’s officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 17C-27) (Ord. 779, § 1(part))

(A) Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of the enforcement and administration. If any such premises are occupied, he or she shall first present proper credentials and demand entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If the entry is refused, he or she shall have recourse to the remedies as are provided by law to secure entry.

(B) If required by the agency, the permittee shall file semi-annually, reports of the amount of water pumped during the preceding six-month period. The reports shall be deemed trade secrets and shall he maintained in strict confidence by the agency, and shall not be released to any third party except as may be required by a court of competent jurisdiction.

(1966 Code, § 17C-28) (Ord. 779, § 1(part))

The San Benito County Water District shall be the enforcing agency and is delegated the full authority of the county in administering this article.

(1966 Code, § 17C-29) (Ord. 779, § 1(part))