San Francisco County Municipal Code Div. III Well

SEC. 815. DISCONTINUATION OF WELL OPERATION. Not later than fifteen (15) days before discontinuing a well operation, the owner or operator shall: (a) notify the Department that the operation of the well will be terminated; and (b) take one of the following action: (1) apply for approval to destroy the well, (2) notify the Department that the permit for the water well will be transferred to the SFPUC upon the discontinuation of the water well operation, or (3) submits a plan for Department approval allowing the well to remain in an inactive state.

Upon the discontinuation of the operation of a well, the owner or operator shall make all reasonable efforts to prevent the contamination or pollution of the well and to minimize the safety hazards caused by the presence of the well until the well is destroyed, the permit is transferred to the SFPUC, or the department approves the plan to maintain an inactive well submitted in accordance with this Article. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 816. WELL INACTIVATION. An owner or operator of a well may seek approval from the Department to maintain an inactive well by submitting the appropriate application fee and a plan including, without limitation, the following information: (a) The owner of the property on which the well is located. (b) The address of the owner of the property. (c) The manner in which the well will be maintained to prevent the contamination of the groundwater and to minimize the safety hazard of having an inactive well on the property. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 817. APPROVAL FOR WELL INACTIVATION. Upon the submission of a plan to inactivate a well, the Department shall review such plan to ensure that the inactive well will be maintained in a manner such that the inactive well will not become a safety hazard to humans and animals or a conduit for the contamination of the groundwater. The Department shall issue an approval for the owner/operator to maintain the well in an inactive state in accordance with the approved plan. Within five (5) days of the issuance of such approval, the Department shall inspect the inactive well to verify the implementation of approved plan. The Department shall notify the SFPUC of any approval for a water well inactivation issued under this Section. (a) If the Department determines that the submitted plan does not comply with the requirements of this Article, the Department shall reject the plan and specify deficiencies found in the plan. Within fifteen (15) days of the receipt of such rejection the owner/operator shall (1) request an administrative hearing held in accordance with Section 833 of this Code; (2) submit an application for the destruction of the well in accordance with Section 819 of this Code; or (3) submit a modified plan correcting the deficiencies cited by the Department in its rejection. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 818. WELL DESTRUCTION. (a) Except as otherwise provided by law, no person shall destroy a well without prior approval from the Department. (b) A person may commence the destruction of any wells without prior approval provided that such work is urgently needed and that any delay would result in an immediate and imminent threat to the public health and safety or the environment. Any person commencing work under this Subsection shall ensure that the destruction activities comply with the standards set forth in this Article and shall submit an application for approval with a statement setting forth the situation justifying the commencement of the work without prior authorization from the Department along with any appropriate fees within 24 hours from the commencement of any work. In the case where the work commenced on a holiday or weekend, the application shall be submitted to the Department by the close of business on the following business day. (1) Failure to submit an adequate statement justifying the commencement of the work without prior authorization from the Department is a violation of this Article. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 819. APPLICATION FOR APPROVAL.

Except as provided for in Section 818(b), any person proposing to destroy a well shall file with the Department a completed written application on forms approved by the Department and submit the appropriate application fees fifteen (15) days prior to the proposed commencement of such activities. The completed application shall include, without limitation, all of the following: (a) The owner of the property on which the well is located. (b) The name and state license number of the general contractor, if applicable, and the C-57 license number of the person responsible for the destruction of the well. (c) The work plan for the destruction of the well that complies with the standards set forth in the "Water Well Standards: State of California, California Department of Water Resources Bulletin 74," 1968, including all subsequent modifications. (d) Any other information deemed necessary by the Department to ensure adequate protection of groundwater resources. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 820. ISSUANCE OF APPROVAL. Upon the submission of an application for the destruction of a well, the Department shall review such application to ensure that the destruction of the well will be carried out in compliance with the requirements set forth in the "Water Well Standards: State of California, California Department of Water Resources Bulletin 74," 1968, including all subsequent modifications and may modify the work plan to ensure compliance. In reviewing the application, the Department may inspect the well site. The Department shall issue an approval to destroy the well upon a satisfactory showing that the proposed or modified work plan complies with legal requirements and shall required the completion of the well destruction within 90 days of the issuance of the approval. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 821. NUISANCE DECLARED AND ABATEMENT AUTHORITY. The Board of Supervisors finds and declares wells that are: (1) abandoned; (2) constructed or operated in violation of state and local standards, permits or orders; or (3) providing conduits for the spread of contamination from the surface to groundwater, to connected aquifers and to other wells/ soil borings and soil borings that are unused to be public nuisances. The Department shall have the authority to abate such nuisance pursuant to Article 11 of this Code. (a) The Department may order the owner of such wells to submit an application for the destruction of such wells within 30 days of the service of the order and destroy the well in accordance with this Article. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 822. UNUSED WELL DISCOVERED. Upon receipt of information by the Department of the existence of any unused well, the Department may order the owner to submit an application for the destruction or approval to maintain of such wells in an inactive state within 30 days for the service of the order and destroy the well or maintain the well as inactive in accordance with this Article. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005) SEC. 823. CONTENT AND SERVICE OF THE DESTRUCTION ORDER. (a) The order shall advise the owner of his or her right to seek an administrative review by requesting an administrative hearing within fifteen (15) days from the service of the order. (b) The Department shall serve the destruction order issued in accordance with Section 821(a) of this Article by certified mail return receipt requested. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 824. ADMINISTRATIVE REVIEW OF DESTRUCTION ORDER. Upon a timely request for an administrative review, the Director shall conduct an administrative hearing in accordance with Section 833 of this Article. The Director shall affirm the destruction order if evidence in the administrative record or produced at the hearing demonstrating that the well in question: (1) is an abandoned well, (2) is constructed or operated in violation of state and local standards, permits or orders or (3) presents a potential for contamination or pollution of groundwater. (Added by Ord. 113-05, File No. 050547, App. 6/10/2005)