Chapter 8 — STANDARDS FOR WELLS

It is the purpose of this chapter to protect the health, safety, and general welfare of the people of the State by ensuring that the groundwaters of this State will not be polluted or contaminated. To this end, minimum requirements are contained in this chapter for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, and monitoring wells.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

(a)

As Defined in Other Documents. Except as otherwise required by the context of this chapter, the terms used in this chapter shall have the same meaning as in Chapter 10 of Division 7 of the Water Code of the State and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions.

(b)

"Board" shall mean the governing Board of the local jurisdiction having well standards authority: the County Board of Supervisors, the City Council, or the Water District Board of Directors.

(c)

"Enforcement agency" shall mean that agency(ies) designated by the Board to administer and enforce this chapter.

(d)

"Person" shall mean any person, firm, corporation, or governmental agency, to the extent authorized by law.

(e)

Well or Water Well. Section 13710 of the Water Code of the State 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 Water Resources Board of the State does not intend that potholes, drainage trenches or canals, wastewater ponds, shallow root zone piezometers, stock ponds, or similar excavations be included within the definition of wells.

(f)

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.

(g)

Section Headings. When contained in this chapter, section headings shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 chapter unless exempted by law.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Any person who shall commence any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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:

(a)

Time Limit. Apply for a permit within three (3) working days after commencement of emergency work.

(b)

Urgency. Satisfy the enforcement agency that such work is urgently necessary.

(c)

Conformance with Standards. Demonstrate that all work performed was in conformance with the technical standards as designated in Section 5-8.21 of this chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 chapter. 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 as are necessary to fulfill the purposes of this chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Well permit fees shall be specified in Section III (C) of Table 5-7.01 of Chapter 7 of this title.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

When the enforcement agency issues a permit pursuant to this chapter, it may condition the permit in any manner necessary to carry out the purposes of this chapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the enforcement agency finds necessary.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The enforcement agency may require a performance bond as a condition of the permit.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 contractor's license in accordance with the provisions of Section 7000 et seq. of the Business and Professions Code of the State, and Section 13750.5 of the Water Code of the State.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The enforcement agency shall deny an application for a permit if, in its judgment, issuance of a permit is not in the public interest.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The permit, when issued, shall be valid for a period of six (6) months with one extension for exceptional circumstance for an additional six (6) months. In no case shall permit validity extend beyond one year. Upon expiration of the permit, no further work shall be done unless and until the applicant has received a new permit.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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, such permit has been reinstated by the enforcement agency.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 any 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 shall fail to comply with any such order.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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, may appeal to the Board, in writing, within fourteen (14) days after any such denial, conditional granting, suspension, or revocation, but not later than thirty (30) days after the date of such action. Such appeal shall specify the grounds upon which it is taken.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Hearing and notice requirements shall be as set forth in Section 1-4.03 of Chapter 4 of Title 1 of this Code.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Except as otherwise specified, the standards for the construction, repair, reconstruction or destruction of wells shall be as set forth in:

(a)

Department of Water Resources Bulletin 74-81. The California Department of Water Resources Bulletin 74- 81 "Water Well Standards, State of California" except as modified by subsequent revisions.

(b)

All Subsequent Supplements and Revisions. All subsequent Bulletin 74-81 supplements or revisions issued by the Department of Water Resources of the State, once the revised standards have been reviewed at appropriate public hearings.

(c)

Exceptions. In cases where application of the foregoing documents would result in conflict or violation of other law, regulation, or ordinance, the more stringent application shall prevail.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The granting of such a variance is consistent with the purposes of this chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 an applicant to provide a report prepared by a registered geologist or registered civil engineer (Sections 7850 and 6762, respectively, of the Business and Professions Code of the State) 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.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The enforcement agency shall make a minimum of two (2) on-site inspections on any parcel.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Upon receipt of an application, the enforcement agency shall 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 such that the enforcement agency shall do the following:

(a)

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.

(b)

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

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 twenty-four (24) hours prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement agency twenty-four (24) hours 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 wishes to allow a seal to be trimmed or placed without inspection, the driller shall seal the well in accordance with the standards of this chapter and any permit conditions. No seal shall be trimmed or placed until permission to proceed is given.

(c)

Final Inspection. If requested by the enforcement agency, the driller shall notify the enforcement agency within seven (7) days of the completion of their 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 chapter.

(d)

Waiver of Inspections. 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 Regional Water Quality Control Board of the State or the Department of Health Services of the State 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.

(e)

Normal Working Hours. Should the permittee request inspection at a time other than normal working hours, he shall be charged the hourly rate as specified in Section II (C) (4) of Table 5-7.01 of this title, portal to portal, with a two (2) hour minimum, in addition to the actual permit fee.

(f)

Other Inspections. The enforcement agency may perform inspections at any other time it deems necessary until the completion of construction or renovation.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

A legible, complete copy of the Report of Completion (Water Well Drillers Report, Department of Water Resources Form 188) required by Section 13751 of the Water Code of the State shall be submitted by the permittee to the enforcement agency within thirty (30) days of construction, alteration, or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions.

This section shall not be deemed to release any person from the requirement to file said report with the Department of Water Resources of the State.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

In accordance with Section 13752 of the Water Code of the State, reports shall be kept confidential. Reports shall be made available to any person who obtains written authorization from the owner of the well. Such authorization shall be on forms provided by the enforcement agency.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of Sections 13750 through 13755 of the Water Code of the State relating to notices and reports of completion or any other Federal, State or local reporting regulations.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

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 such enforcement and administration. If any such premises are occupied, he shall first present proper credentials and demand entry. If the same is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If such entry is refused, he shall have recourse to such remedies as are provided by law to secure entry.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

All persons owning an abandoned well as defined in the well standards shall destroy it before December 31, 1991 except those excluded by Section 24440 of the Health and Safety Code of the State.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Whenever the enforcement agency determines that a well:

(a)

Has not been completed in accordance with a well permit or the plans and specifications relating thereto,

(b)

Has been constructed without the required permit, or

(c)

An abandoned well has not been destroyed in accordance with the standards, the enforcement agency may record a notice of violation with the office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available.

If the property owner(s) or authorized agent disagrees with the determination, he may submit evidence to the enforcement agency indicating that there is no violation and then shall have the right to appeal an adverse decision to the Board in accordance with the provisions of the following section.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Appeal procedure shall be as set forth in Chapter 4 of Title 1 of this Code.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The evidence before the Board shall consist of the record in the enforcement agency's files and any other relevant evidence which, in the judgment of the Board, should by considered to effectuate and implement the policies of this chapter.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The Board may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The enforcement agency shall submit a removal of notice of violation to the County Recorder when:

(a)

It is determined by the enforcement agency or the Board, after review, that no violation of this chapter exists; or

(b)

All required and corrective work has been completed and approved by the enforcement agency.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Pursuant to Section 13225 (c) of the Water Code of the State, the enforcement agency shall submit a report, not less than annually, to the Regional Water Quality Control Board(s) of the State having jurisdiction in their area. This report shall contain the following data, unless the Regional Board determines a lesser amount of information is necessary:

(a)

Wells Constructed or Destroyed. The number of wells constructed or destroyed.

(b)

Abatement Actions. Descriptions of all well destructions undertaken by the enforcement agency using its regulatory authority under nuisance abatement powers.

(c)

Variances Granted. A description of each specific case where variances were granted and the circumstances that made a variance necessary.

(d)

Inspection Waivers Granted. A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by such penalties as the Board shall from time to time set by ordinance. Any violation or suspected violation by a contractor may be reported to the Contractors Licensing Board.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

Violations of this chapter may also be redressed in the manner hereinafter set forth by civil action. In addition to being subject to prosecution, any person who violates any of the provisions of this chapter may be made the subject of a civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)

The remedies available to the Board to enforce this chapter are in addition to any other remedies available under ordinance or statute, and do not replace or supplant any other remedy, but are cumulative thereto.

(§ I, Urgency Ord. 90-2, eff. January 23, 1990)