Sutter County Municipal Code Ch. 765 Water Wells

It is the purpose of this Chapter to provide for the construction, repair and reconstruction of water wells, cathodic protection wells, test wells and geophysical wells to the end that the ground water of this county will not be polluted or contaminated and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this county, and for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety or welfare of the people of this county.

For purposes of this Chapter, the definitions of terms contained in Chapter II and Appendix A of the State Department of Water Resources Bulletin, Number 74-81, entitled "Water Well Standards: State of California" (three (3) copies of which have been filed with the Clerk of the Board of Supervisors of the County of Sutter, and marked as document number Exhibit Book) are adopted, with the following additions: 3, pg. 21

COUNTY WATERS. Any water, surface or underground, including saline waters, located within the boundaries of Sutter County.

HEALTH OFFICER. The Health Officer of the County of Sutter, or the Health Officer's authorized representative.

PERSON. Any natural person, corporation, firm, partnership, governmental agency, or other legal entity.

PUMP CONTRACTOR. Any person or company licensed to install, service, or repair a pump by the State Contractor's Licensing Law pursuant to Division 3, Chapter 9, of the Business and Professions Code.

WELL CONTRACTOR. Any person or company licensed by the State Contractor's Licensing Law pursuant to Division 3, Chapter 9, of the Business and Professions Code and who has filed a copy of such license with the Sutter County Health Department.

WELL PIT. Any excavation in which a well head or the top of a well casing is installed below the surface of the ground.

No person shall construct, repair, reconstruct, or destroy any well subject to this Chapter which does not conform to the standards established herein.

Standards for the construction, repair, reconstruction, or the destruction of water wells shall be as set forth in Chapter II of State Department of Water Resources Bulletin Number 74-81 entitled "Water Wells Standards: State of California", except as otherwise may be provided in this Chapter.

The minimum thickness for steel well casings shall be ten gauge (0.1344 inches).

No person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the Health Officer 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. The preceding sentence notwithstanding, no permit shall be required to replace or repair well equipment where the sanitary seal shall remain intact as a result of such replacement or repair.

(a) APPLICATIONS: Applications for permits shall be made to the Health Officer, shall be made on forms furnished by the Health Officer, and shall provide such information as the Health Officer may require.

(b) FEES: Each application shall be accompanied by a fee in an amount which shall be set from time to time by ordinance of the Board of Supervisors.

(c) CONDITIONS: Permits shall be issued in compliance with the standards provided in this Chapter except that such standards shall be inapplicable or modified as expressly provided by the Health Officer in such permit upon his or her 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 Health Officer to be necessary to accomplish the purposes of this Chapter.

(d) GROUNDS FOR REFUSAL OF PERMIT: The Health Officer may refuse to issue a permit for any of the following reasons:

(1) Permit application is not in proper form.

(2) The proposed construction, repair, reconstruction, or destruction of a well would create a water pollution problem or would aggravate a pre-existing water pollution problem or would violate any of the standards established by this Chapter.

(e) TERM, COMPLETION OF WORK: Permits shall be valid for a period of one year from the date of issuance, except that permits may be issued for shorter or longer duration if the Health Officer finds that such is necessary to accomplish the purposes of this Chapter. 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 Health Officer upon completion of the work and submit a copy of the Well Driller's Report (log), as provided in §§13751 et seq. of the California Water Code, and no work shall be deemed to have been completed until such notification and a copy of the Well Driller's Report have been received. A final inspection of the work shall be made by the Health Officer unless such inspection is waived by him or her, and no permittee shall be deemed to have complied with this Chapter or the permit until such inspection has been performed or waived.

(f) REVIEW AND APPEAL: Any person aggrieved by the refusal, revocation, or suspension of a permit or by the terms of a permit required by this Chapter may appeal to the Environmental Health Appeals Board established under section 700-040, subsection C. When hearing appeals under this section, the Appeals Board shall follow the procedure set forth in section 700-040, subsection C, with the following modifications:

(1) The written appeal shall include plans and specifications for the water well to be constructed, repaired, reconstructed, or destroyed, rather than plans and specifications for a proposed septic system. In addition, the written appeal shall include a site evaluation report describing the location and physical characteristics of the well site.

(2) The Appeals Board need not visit the well site.

(3) The Appeals Board shall not waive any of the requirements of this chapter 765 if such waiver would result in a violation of mandatory state laws or regulations.

(Ord. 933, Sec. 1; Dec. 27, 1983; Ord. 1096, Sec. 2; Apr. 30, 1991)

In the event of an emergency, well repairs may be commenced without application for permit. "Emergency repairs" shall be defined as repairs immediately necessary to protect the health, safety, or welfare of any person resulting from the failure or contamination of a water supply. All emergency repairs shall comply with the standards established by this Chapter. Emergency repairs shall be subject to approval by the Health Officer. Within 48 hours, excluding weekends and holidays, of commencing emergency repairs, the person making such repairs shall file an application for emergency repairs. The application shall include, in addition to such other information as the Health Officer may require, the facts constituting the emergency necessitating the repairs. An inspection of the work shall be made by the Health Officer unless such inspection is waived by him or her. As a condition to approval of such emergency repairs, the Health Officer may impose such requirements as found by the Health Officer to be necessary to accomplish the purposes of this Chapter.

(a) A permit issued hereunder may be revoked or suspended by the Health Officer as hereinafter provided 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 such notice.

(b) A permit may be so revoked or suspended by the Health Officer if he or she determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this Chapter has attained the same by fraud or misrepresentation, provided that notice of the time and place of such hearing is given to the permittee at least five days prior thereto.

(c) The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed or personally delivered to the permittee. The notice shall advise the permittee of his right to appeal to the Environmental Health Appeals Board established under section 700-040, subsection C. When hearing appeals under this section, the Appeals Board shall follow the procedure set forth in section 700-040, subsection C, as modified by section 76-060, subsection F.

(Ord. 933, Sec. 1; Dec. 27, 1983; Ord. 1096, Sec. 3; Apr. 30, 1991)

There shall be imposed as a condition of approval of a subdivision, as defined by §1400-165 of the Sutter County Ordinance Code, where water is to be supplied to the subdivided lots from a domestic water system, the water source of which does not include individual wells on the subdivided lots, the destruction of all existing wells on said lots in conformance with the standards established by this Chapter, unless a waiver of such destruction is obtained from the Health Officer upon a showing of good cause and the protection of the public health, welfare and safety. Where the subdivision of land creates an agricultural remainder parcel, the destruction of wells on such parcels shall not be required.

Whenever a well is deemed an abandoned well as such is defined in Chapter II of State Department of Water Resources Bulletin No. 74-81, entitled "Water Well Standards: State of California", such abandoned well shall be destroyed by its owner in the manner and according to the standards established by this Chapter.

(a) INVESTIGATION. The Health Officer, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, may investigate the situation to determine whether such a nuisance does in fact exist.

(b) ORDER TO ABATE NUISANCE. Whenever the Health Officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The Health Officer may for good cause extend the time specified in the order or otherwise modify or rescind the order.

The order of abatement shall advise the processors and owners of the property of their right to appeal to the Environmental Health Appeals Board established under section 700-040, subsection C, and to stay the order of abatement pending such appeal.

(c) APPEAL FROM ORDER OF ABATEMENT. When hearing appeals of orders of abatement, the Environmental Health Appeals Board shall follow the procedure set forth in section 700-040, subsection C, as modified by section 765-060, subsection (f).

(d) ABATEMENT BY COUNTY. In the event that a nuisance is not abated in accordance with an Order of Abatement, the Health Officer may, upon securing the approval of the Board of Supervisors, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the Board.

(e) PAYMENT OF COST BY OWNER. The Health Officer shall prepare and file with the Clerk of the Board of supervisors a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property.

A hearing shall be held on said report and any protests or objections thereof, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten days prior to the date set for the hearing. The Board of Supervisors shall determine at the hearing the correct charge to be made for the work.

All costs of abatement carried out under the terms of this section shall constitute a charge and special assessment against the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that property as provided in Government Code §25845. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case or delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. In addition to its rights to impose said special assessment, the county shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally.

(Ord. 933, Sec. 1; Dec. 27, 1983; [933] Ord. 1096; Sec. 4; Apr. 30, 1991)

The construction, use, or installation of well pits is prohibited unless a waiver for such construction, use, or installation is obtained from the Health Officer for good cause shown.

The District Attorney shall have the discretion to prosecute any violation of the provisions of this Chapter either as a misdemeanor or as an infraction. An person convicted of a misdemeanor for violating the provisions of this Chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Any person convicted of violating the provisions of this Chapter as an infraction shall be fined in an amount not to exceed two hundred fifty dollars ($250.00).

(Ord. 933, Sec. 1; Dec. 27, 1983)