Sutter County Municipal Code Ch. 780 Regulation of the Location of Domestic Wells in or Adjoining Residential…

The Board declares that the people of Sutter County have an inalienable right to demand the protection of ground waters utilized by the people for domestic purposes and that the Board has the responsibility to protect these waters. The Board further declares that the people of Sutter County have a primary interest in the location of domestic water wells that directly affect the quality and potability of ground waters which may be used for domestic purposes or which may interfere with waste disposal systems in residential areas.

The following terms are used in this ordinance are, for the purpose of this ordinance, defined as set forth below:

County Health Officer shall mean the legally designated health authority of the County of Sutter or his authorized representative.

Domestic Water Well is any water well used to supply water for domestic needs of an individual residence, duplex, or apartments.

Person means any natural person, individual, firm, partnership, company, corporation, association, joint venture, joint stock company, organization, club, company, business trust, lessee, agent, servant, officer, employee, unincorporated association or representative of same.

It shall be unlawful for any person, as principal, servant, agent or employee to dig, drill, bore or drive any well when said well is to be used for domestic purposes within any property designated for residential development in the Sutter County General Plan then in effect or within 100 feet of the exterior boundary line of any area designated for residential development in the Sutter County General Plan then in effect without the written approval of the County Health Officer.

Any person prior to digging, drilling, boring or driving any domestic well in an area where the physical configuration of the property will not allow compliance with this chapter, may file a written application with the County Health Officer requesting a review and written waiver.

The County Health Officer may upon receipt of a written application for waiver of the provisions of this chapter, approve said application when in his or her judgment the water quality or the waste disposal systems on the property and those properties immediately adjoining said property are not adversely affected by the placement of the well.

Any person aggrieved by the provisions of this chapter may, prior to placing any such prohibited well and after having been denied approval by the Health Officer as provided in Section 780-050, appeal such action of the Health Officer by filing with the County Clerk of Sutter County within 15 days after notice of denial by the Health officer a written statement appealing from such determination and stating the grounds therefor. The Clerk of the Board of Supervisors shall set a time and place for a hearing on such appeal and notice thereof shall be given to said person in writing at least ten days prior to such hearing. The decision of the Board shall be final and binding.

Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed five hundred dollars ($500) or imprisoned for a period not to exceed six months, or by both said fine and imprisonment.

(Ord. 818, Sec. 1; Sept. 23, 1980)