San Luis Obispo County Municipal Code Ch. 8.40 Construction, Repair, Modification and Destruction of Wells

It is the purpose of this chapter to provide for the construction, repair, modification and destruction of wells in such a manner that the ground water of this county will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this county.

(Ord. 1271 § 1 (part), 1973)

The following words and phrases shall, for the purpose of this chapter, have the meanings ascribed to them in this section:

"Abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing to the health officer, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and received approval of such declaration. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the health officer;

"Agricultural wells" mean water wells used to supply water for irrigation or other agricultural purposes, including stock wells;

"Cathodic protection well" means any artificial excavation in an aquifer or in excess of fifty 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" means a water well for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code (commencing with Section 4010);

"Completion or completion operation" means any work conducted after artificial excavation to include:

(1) Placement of well casing,

(2) Gravel packing,

(3) Sealing,

(4) Casing perforation, or

(5) Other operations deemed necessary by the health officer;

"Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease;

"Destruction or destroy" means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water-bearing formations penetrated;

"Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of establishing an electrical ground;

"Health officer" means the health officer of San Luis Obispo County, his medical deputies, his environmental health officers, or his duly authorized representatives;

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residence or commercial establishment;

"Industrial wells" mean water wells used to supply industry on an individual basis;

"Modification or repair" means the deepening of a well, reperforation, sealing or replacement of a well casing;

"Observation well" means a well used for monitoring or sampling the condition of a water-bearing aquifer, such as water pressure, depth, movement or quality;

"Person" includes any person, firm, association, corporation, organization, partnership, business trust, company, or special district formed under the laws of the State of California;

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

(1) Such waters for beneficial uses, or

(2) Facilities which serve such beneficial uses. Pollution may include contamination;

"Public nuisance," when applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health and safety of the public;

"Salt water (hydraulic) barrier wells" mean wells constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water-bearing aquifer;

"Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means;

"Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into, the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter. This definition shall not include:

(1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the 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,

b. Stabilizing hillsides or earth embankments,

(3) And the following artificial excavations:

a. Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth,

b. Holes or excavations for soil percolation tests,

c. Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth,

d. Excavations for drainage percolation ponds or spreading basins.

"Well drilling contractor" means a contractor licensed in accordance with the provisions of the Contractors License Law, Chapter 9 of Division 3 of the Business and Professions Code (commencing with Section 7000) and who shall possess a valid C-57 water well contractors license.

(Ord. 2400 § 1 (part), 1989; Ord. 1271 § 1 (part), 1973)

(a) No person shall, within the unincorporated area of San Luis Obispo County, construct, repair, modify or destroy any well unless such person possesses a valid permit issued by the health officer as provided in this chapter.

(b) No person shall construct, repair, modify or destroy any well unless such construction, repair, modification or destruction is in conformance with the terms, conditions, and standards specified in this chapter and in the written permit issued by the health officer.

(c) No person shall construct, repair, modify or destroy any well bore hole, well casing, or well packing or conduct any site grading or fill activities in conjunction with the construction, repair, modification or destruction of any well bore hole, well casing, or well packing without first satisfying all applicable provisions of Section 22.30.204 of this code (New or Expanded Irrigated Crop Production Overlying the Paso Robles Groundwater Basin, excluding the Atascadero Sub-Basin), where applicable, and Sections 22.05.030 et seq. or Sections 23.05.020 et seq. of this code (grading), which may include the necessity of obtaining an agricultural offset clearance or a grading permit from the county department of planning and building in addition to the permit required by this chapter.

(Ord. 2343 § 1, 1988; Ord. 2274 § 3, 1986; Ord. 1271 § 1 (part), 1973)

(Ord. No. 3306, § 1, 10-27-15; Ord. No. 3483, § I, 12-6-22; Ord. No. 3484, § II, 2-7-23)

(a) Applications. Applications for permits shall be made to the health officer and shall include the following:

(1) A plot plan indicating the exact location of the well with respect to the following items within a radius of two hundred feet of the well:

a. Property lines;

b. Sewage disposal systems or works carrying or containing sewage or industrial wastes;

c. All intermittent or perennial, natural or artificial water bodies or water courses;

d. Drainage pattern of the property;

e. Existing wells;

f. Access roads;

(2) Location of the property (include township, range, section, and assessor's parcel number);

(3) Name of the person who will construct the well;

(4) Estimated or proposed depth of well;

(5) Use of well;

(6) Other information as may be necessary to determine if underground waters will be protected;

(7) Evidence of compliance with Section 22.30.204 of this code (New or Expanded Irrigated Crop Production Overlying the Paso Robles Groundwater Basin, excluding the Atascadero Sub-Basin), where applicable;

(b) Fees.

(1) Permit Application Fees. All applications for permits shall be on a form supplied by the county health department and, except for those made by a public agency, shall be accompanied by payment of the fee as established by resolution of the board of supervisors, none of which shall be refundable;

(2) Expiration of Permit. Each permit issued pursuant to this chapter shall expire within six months 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, modification, or destruction of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter;

(c) Prohibition. No permit shall be issued to any person who is not a well drilling contractor in possession of a valid C-57 (Water Code Section 13750.5).

(d) Bonds. As a condition precedent to the issuance of a permit, every applicant for a permit shall file or have on file with the health officer, a corporate surety bond in the sum of twenty-five thousand dollars issued by a surety company licensed to do business in this state, or in lieu thereof, a cash deposit in the sum of twenty-five thousand dollars.

As used in this subsection, the term "cash deposit" includes, without limitation, certificates of deposit payable to the county issued by banks doing business in this state, investment certificates or share accounts assigned to the county and issued by savings and loan associations doing business in this state, or bearer bonds issued by the United States government or by this state.

The surety bond shall be conditioned to secure the compliance and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder.

If cash is deposited in lieu of such bond, the cash deposit shall secure the compliance and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder.

(e) Conditions. Permits shall be issued subject to compliance with the standards provided in Sections 8.40.060 and 8.40.065

(f) Term, Completion of Work. The permittee shall complete the work authorized by the permit prior to the expiration date set forth in the permit. The permittee shall conspicuously post the property where the well construction will occur with a sign noting property owner name, assessor's parcel number, and well construction permit number. The permittee shall notify the health officer in writing upon completion of the work and such work shall not be deemed to have been completed until such written notification has been received.

(g) Reports. A copy of the well driller report required under Section 13751 of the California Water Code shall be submitted to the health officer upon completion of construction of each well.

(h) Appeal Procedure. Any person aggrieved by the refusal of the health officer to issue a permit or by the terms of a permit may appeal from the action of the health officer to the board of supervisors by filing a written notice of appeal with the clerk of the board. The clerk shall set the matter for hearing before the board and shall give reasonable notice of the time and place thereof to the applicant and to the health officer. The board of supervisors shall hear the evidence offered by the applicant or permittee and the health officer, and shall forthwith decide the issue. Unless the board of supervisors rescinds the health officer's action by a majority vote, his decision shall be deemed affirmed.

(Ord. 2414 § 1, 1989; Ord. 2400 § 1 (part), 1989; Ord. 2343 § 2, 1988; Ord. 1912 § 1, 1978; Ord. 1514 § 1, 1975; Ord. 1271 § 1 (part), 1973)

(Ord. No. 3306, § 2, 10-27-15; Ord. No. 3483, § II, 12-6-22; Ord. No. 3484, § III, 2-7-23)

The health officer and his inspectors may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. The health officer may require that each completion, modification, repair or destruction operation be inspected prior to any further work.

(Ord. 1271 § 1 (part), 1973)

(a) State Standards. Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74-81 entitled "Water Well Standards: State of California" and its Appendices B, C, and D; and those pertaining to Zones II and III as delineated in Figure 1 of the Department of Water Resources Bulletin No. 74-7 entitled "Water Well Standards, Arroyo Grande Basin, San Luis Obispo County," and as set forth in Chapter II of the same, in Department of Water Resources Bulletin No. 74-1, entitled "Cathodic Protection Well Standards, State of California."

(b) County Standards. The depth of water well seals (annular seals) shall be as follows:

The above minimum depths shall not apply to shallow wells where the water to be developed is at a depth less than fifty feet. However, in no case shall the seal be less than ten feet in depth. The well driller shall notify the health department the day prior to sealing with a notice of intent to seal. All well seals shall be subject to inspection by health department personnel, or registered geologists and registered engineers approved by the health department for monitoring well inspections, however, if an inspector is not available or present, at the appointed time, the driller shall be allowed to proceed.

(Ord. 2400 § 1 (part), 1989: Ord. 1271 § 1 (part), 1973)

A new water well shall be located no closer than ten feet from any property line.

(Ord. 2274 § 4, 1986)

In some areas of the coastal zone established by the California Coastal Act of 1976, groundwater is limited and extraction must be monitored to satisfy the requirements of the Coastal Act. All water well permit applications within the coastal zone shall be reviewed by the county engineer to determine if participation in a water monitoring program is necessary to assure records are available for use in the resource management system. The manner in which a permit applicant shall participate in the monitoring program, including the frequency and type of reporting shall be determined by the county engineer.

(Ord. 2343 § 3, 1988)

In the event the health officer determines that a well constitutes a public nuisance, the health officer shall abate the nuisance in accordance with the provisions of Chapter 22.10 of the San Luis Obispo County Code.

(Ord. 2400 § 1 (part), 1989: Ord. 2274 § 5, 1986: Ord. 1271 § 1 (part), 1973)

If the health officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, the health officer may immediately abate the nuisance without complying with the provisions of Sections 22.10.100 et seq. of the San Luis Obispo County Code.

(Ord. 2400 § 1 (part), 1989: Ord. 1271 § 1 (part), 1973)