San Diego County Municipal Code Art. 5 Construction, Repair, Reconstruction and Destruction of Wells

No person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the Director as provided in this Chapter, and unless the work done shall conform to the standards specified in this Chapter and all the conditions of the said permit.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

A. Applications: Applications for permits shall be made to the Director and shall include the following:

1. A plot plan showing the location of the well and related piping with respect to the following items within a radius of 200 feet from the well:

(a) Property lines

(b) Waste disposal systems or works carrying or containing sewage, industrial wastes, or solid wastes.

(c) All intermittent or perennial, natural or artificial bodies of water or watercourses.

(d) The approximate drainage pattern of the property.

(e) Other wells.

(f) Structures, surface or subsurface.

(g) Public and private roads.

(h) Easements, including boundaries and a summary of allowed uses.

• 2. Location of the property, and the Assessor's parcel number.
• 3. The name of the person who will construct the well.
• 4. The proposed minimum and the proposed maximum depth of the well.

5. The proposed minimum depths and types of casings and minimum depths of perforations to be used.

6. The proposed use of the well.

7. Other information as may be necessary to determine if the underground waters will be adequately protected.

8. The name of the property owner.

9. The name of the responsible party who has contracted or otherwise caused to have, a monitoring well constructed, repaired, reconstructed or destroyed.

10. Evidence of compliance with Chapter 8 of Division 7 of Title 6 of this Code (watershed protection).

B. Fees: Each application shall be accompanied by a fee as set forth in Title 6, Division 5, Section 65.107, par. (g), of this Code.

C. Conditions: Permits shall be issued in compliance with the standards set out in California Well Standards, Combined, as defined in this Chapter and as further provided in this Chapter except that such standards shall be inapplicable or modified as expressly provided by the Director in such permit upon his finding that such modifications or inapplicability will accomplish the purposes of this ordinance. Permits may also include any other condition or requirement found by the Director to be necessary to accomplish the purposes of this Chapter.

D. Grounds for Refusal of Permit. The Director may refuse to issue a permit for any of the following reasons:

1. The applicant is not a person authorized to perform the work as provided in this Chapter.

2. The permit application is not in proper form.

3. The proposed well would create a water pollution problem or would aggravate a pre-existing water pollution problem or would violate any of the standards established in Article 3 of this Chapter.

4. The applicant is delinquent with submitting well drilling logs to the Director.

5. The proposed location of the well or related piping would place the well or piping at risk from uses allowed within an overlapping or nearby easement, or would interfere with the allowable uses of that easement.

E. Term, completion of work: The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. The permittee shall notify the Director in writing upon completion of the work and submit a copy of the well drilling log and no work shall be deemed to have been completed until such written notification and a copy of the well drilling log have been received. A final inspection of the work shall be made by the Director 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 performed or waived.

F. Review and Appeal: Any person aggrieved by the refusal of a permit or the terms of a permit required by this Chapter may appeal as provided in Chapter 1 of Division 6 of Title 1 of this Code.

(Amended by Ord. No. 6378 (N.S.), effective 7-29-82; amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8815 (N.S.), effective 7-22-97; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. 10927 (N.S.), effective 1-10-25)

Construction, reconstruction, repair, and destruction of wells shall be performed by a contractor licensed in accordance with the provisions of the Contractor's License Law (Bus. & Prof. Code, Ch. 9, Div. 3) unless exempted by that law.

(Amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

State law reference(s)--Licensing of contractors, Business and Professions Code, Ch. 9, Div. 3.

1. Upon receipt of an application, an inspection of the well location may be required by the Director to be made by the Director prior to issuance of a well permit.

2. The Director or any person designated by the Director may inspect the work in progress and may enter the premises at any reasonable time for the purpose of performing such inspection.

3. After work has been completed pursuant to any permit the Director shall be notified by the person performing the work and the Department shall make a final inspection of the completed work to determine compliance with the well standards.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)

Each permit issued pursuant to this Chapter shall expire and become null and void if the work authorized thereby has not been completed within one hundred twenty (120) days following the issuance of the permit.

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.

(Amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

Any permit issued pursuant to this Chapter may be extended at the option of the Director. Each individual extension granted by the Director shall be for not longer than one hundred twenty (120) days. In no event shall the Director grant an extension which would make the total term of the permit exceed one year. Application for extension shall be made on a form provided by the Director. The fee for submitting such application shall be as set forth in subsection (h) of Section 65.107 of this code.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10473, effective 7-1-17; amended by Ord. 10927 (N.S.), effective 1-10-25)

1. A permit issued hereunder may be revoked or suspended by the Director if he determines that a violation of this Chapter exists, that written notice has been directed to the permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustments within 30 days after receiving the notice. A permit may also be revoked or suspended by the Director if he/she determines that the person to whom any permit was issued pursuant to this Chapter has obtained the same by fraud or misrepresentation. A suspension or revocation may be appealed as set out in Section 61.109 of this code.

2. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee, and the time for filing an appeal has expired. The notice shall advise the permittee of his right to appeal.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

Any person who has drilled, dug, excavated or bored a well, or deepens or perforates such a well, or destroys such a well, shall, within 60 days from the date of completion of the well, submit to the Director a copy of the report of completion for the well required to be submitted to the California Department of Water Resources in accordance with the provisions of Section 13751 of the California Water Code, and all laboratory and geophysical data for soil and groundwater.

(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10473, effective 7-1-17; amended by Ord. 10927 (N.S.), effective 1-10-25)

Any person violating the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00) or by imprisonment for a period of not more than six (6) months in the County Jail or by both such fine and imprisonment.

(Added by Ord. No. 5233 (N.S.), effective 8-22-78; Ord. No. 5233 (N.S.), superseded by Ord. No. 5246 (N.S.), adopted 8-29-78, effective 9-28-78; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)

Notwithstanding any other provision of this chapter, the permit fees specified in Sections 67.441.B and 67.445 shall be waived for:

(1) Any farm employee housing or farm labor camp project for which (i) a complete application for an Administrative Permit or a Minor Use Permit was filed between July 13, 1990, and January 13, 1991 pursuant to Ordinance No. 7768 (N.S.); or was filed between April 5, 1991 and October 5, 1991, pursuant to Ordinance No. 7875 (N.S.); or was filed between October 31, 1991 and June 30, 1993, pursuant to Ordinance No. 8086 (N.S.); or was filed between July 30, 1993 and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.) and (ii) the application was approved; or

(2) Any farm employee housing or farm labor camp project for which (i) Section 17021.5 or Section 17021.6 of the California Health and Safety Code is applicable; (ii) the Agricultural Commissioner has issued a certificate of active agricultural enterprise; (iii) the housing is not the subject of an active code enforcement action; (iv) the applicant has entered into the contract required by Section 6156 u.11 or Section 6906 d. of The Zoning Ordinance; and (v) the application was filed between July 30, 1993, and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.).

(Added by Ord. No. 7768 (N.S.), effective 7-13-90; amended by Ord. No. 7875 (N.S.), effective 4-4-91; amended by Ord. No 7977 (N.S.), effective 10-31-91; amended by Ord. No. 8086 (N.S.), effective 7-16-92; amended by Ord. No. 8271 (N.S.), effective 7-30-93; amended by Ord. No. 8436 (N.S.), effective 9-2-94; amended by Ord. No. 8574 (N.S.), effective 9-15-95; amended by Ord. No. 9021 (N.S.), effective 5-14-99; amended by Ord. No. 9647 (N.S.), effective 6-18-04; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. 10927 (N.S.), effective 1-10-25)