Trinity County Municipal Code Ch. 15.20 Water Wells

This chapter shall be known as the "water well(s) ordinance of the county of Trinity."

(Ord. 1119 §1, 1989)

It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the ground water of this county shall 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. 1119 §2, 1989)

For the purpose of this chapter, certain terms are defined as follows:

A. "Abandoned or abandonment" means a well whose use has been permanently discontinued or which is in such a state of disrepair that no water can be produced. 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.

B. "Agricultural well" means a water well used to supply water for irrigation or other agricultural purposes including stock wells.

C. "Aquifer" means a formation or group of formations or part of a formation that is water-bearing and which transmits water that will yield water in a usable quantity to supply a well or spring.

D. "Board" means the board of supervisors of the county of Trinity.

E. "Cathodic protection well" means any artificial excavation in an aquifer, or in excess of fifty feet deep, 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.

F. "Community water supply well" means a water well for domestic purposes in systems subject to the Safe Drinking Water Act, Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code (commencing with Section 4010).

G. "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 technologies used to complete an excavation.

H. "Contamination" means an impairment of the quality of water to degree which creates a hazard, or may create a hazard to the public health through poisoning or through spread of disease.

I. "Department" means the health department of the county of Trinity.

J. "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.

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

L. "Health officer" means the health officer of the county of Trinity or a duly authorized representative.

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

N. "Industrial well" means a water well to supply industry on an individual basis.

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

P. "Observation well" means a well used for monitoring or sampling conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

Q. "Person" includes special districts formed under the laws of the state of California in addition to the meaning set forth in Trinity County Code Section 1.04.010(J).

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

1. Such water for beneficial uses; or

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

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

T. "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.

U. "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 ground of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells shall 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 and observation wells, as defined herein and other wells of which regulation is necessary to fulfill the purpose of this chapter. "Wells" 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; or

b. Stabilizing hillsides or earth embankments.

3. 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;

e. Holes or excavations less than twenty-five feet where surface water is being used; and

4. Spring development.

V. "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 and who must have the specific C-57 license.

(Ord. 1136 (part), 1990; Ord. 1119 §3, 1989)

No person shall, within the county of Trinity, construct, repair, modify or destroy any well unless a written permit has first been obtained from the health officer as provided for in this chapter. In case of emergency affecting life, health, crops or livestock, a licensed contractor may start work immediately but shall notify the department within seventy-two hours by telephone or in person of the work being done.

(Ord. 1119 §4, 1989)

A. Applications. Applications for permits shall be made to the health officer on forms that include the following:

1. A plot plan indicating the proposed location of the well with respect to the following items within a radius of one hundred feet; (radius of five hundred feet in granitic soils), of the well:

a. Property lines,

b. Sewage disposal systems or works carrying or containing sewage,

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,

g. Any agricultural, recreational or commercial entity,

h. Storm drains, and

i. Existing or abandoned mining works;

2. Location of the property, i.e., directions to property, assessor parcel number, township, range and section;

3. Name and license number of the person who will construct the well;

4. Proposed use of well. The above information is a minimum requirement. When the health officer determines that additional information is needed to assure protection of ground water, the specific information requested shall be provided.

B. Fees. Permit fees may be set forth by resolution adopted by the board at a public hearing.

C. Conditions. Permits shall be issued subject to compliance with the standards provided in this chapter. A permit to be valid must comply with all state and county laws, rules and regulations.

D. Term, Completion of Work. The permittee shall complete work authorized by the permit within one year from the issuance date. The permittee shall notify the health officer in writing upon completion of the work, and work shall not be deemed to have been completed until such written notification has been received.

E. Guarantee of Financial Responsibility. Prior to the issuance of a permit, the contractor shall demonstrate adequate financial responsibility.

F. Prohibitions. No permit shall be issued to any person who is not a licensed well drilling contractor, provided that a permit may be issued to an owner of property who contracts with a licensed well drilling contractor.

G. Appeal Procedure. Any person aggrieved by the refusal of a permit or terms of the permit may request in writing that the matter be heard by the board. If such request is made, the health officer shall schedule the matter for review by the board and shall give not less than ten days' written notice of the time and place thereof to the applicant. At the time and place of the hearing, the board shall allow the applicant and other interested parties an adequate opportunity to present any facts pertinent to the matter at hand. The board may place any person involved in the matter, including the applicant, under oath. The board may, when it deems necessary, continue any hearing by giving notice to the applicant of such action. At the close of hearing, or at any time within ten days thereafter, the board shall order such disposition of the application or permit as it has determined is proper and shall make such disposition known to the applicant. Determinations made by the health department relating directly to the public health, or the California Safe Drinking Water Act, Chapter 7 of Part I of Division 5 of the California Health and Safety Code, may not be overruled or modified by the board.

H. Permits for building and electrical requirements must be obtained from the building department.

I. Onsite inspections by the health officer are required prior to issuing a permit.

(Ord. 1136 (part), 1990; Ord. 1119 §5, 1989)

A. Every person who hereafter digs, bores or drills a water well or cathodic protection well, or who abandons or destroys any such well, or who deepens or reperforates any such well, shall file with the department a report of completion, abandonment or destruction of such well within thirty days after the construction of such well within thirty days after the construction or alteration has been completed. This report is privileged information. (Section 13752, Division 7, California Water Code.) This report shall be made on forms furnished by the department and shall contain such information as the department may require, including but not limited to:

1. Description of the well sufficiently exact to permit location and identification of the well;

2. Detailed log of the well;

3. Description of type of construction;

4. Details of perforation;

5. Static water level, well capacity and draw-down in feet per hour; and

6. Methods used for sealing off surface or contaminated water.

B. All domestic water supply wells shall have a general mineral and bacteriological analysis by a state certified laboratory before being placed into service. In areas where insufficient subsurface information is available, the health officer may require inspection of the well log prior to any completion operation.

(Ord. 1119 §6, 1989)

All work for which a permit is required shall be subject to inspections by the health officer. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes.

(Ord. 1119 §7, 1989)

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, "Water Well Standards," state of California, with the following exceptions:

A. The health officer, with the concurrence of the board may adopt rules and regulations more stringent than the above standards.

B. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine, or other disinfecting agents, may be introduced directly into the well. The pipe, when provided, shall be installed at a height equal to the pump slab or at least six inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. In a well pit, the pipe shall be twelve inches above the floor of the pit. Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installation. If an air relief vent is used it shall terminate downward twelve inches above ground level and be screened and protected against contaminating material entering the vent (16-mesh screen).

C. Every new, repaired or modified community water supply well or domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected. Procedures delineated in Appendix C of the aforementioned Department of Water Resources Bulletin No. 74, state of California, or equivalent are required.

(Ord. 1119 §8, 1989)

A. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever the health officer has reasonable cause to believe that there exists upon the premise any condition which is unsafe, dangerous or hazardous as defined by this chapter the health officer may meter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter, provided that if such premises is occupied, request for entry must first be obtained; and if such premises are unoccupied, a reasonable effort to locate the owner and request entry must be made. If such entry is refused, the health officer shall have recourse to every remedy provided by law to secure entry.

B. Stop Order. In the event a well subject to the provisions of this chapter is being constructed, repaired, modified, destroyed or abandoned contrary to the terms of this chapter, the health officer shall order the work stopped by posting a stop order at the well site. No further work shall be done after the posting of the stop order until such time as the stop order is removed by the health officer.

C. Notice. In the event a well subject to this chapter has been constructed, repaired, modified, destroyed, abandoned or operated contrary to the terms of this chapter or a permit issued for such well pursuant to the terms of this chapter, the health officer may mail written notice to the owner of the land as shown upon the most recent equalized assessment roll or the permittee at the address listed upon the permit. The notice shall state the manner in which the well is in violation, what corrective measures must be taken, the time within which such corrections must be made and that if the land owner or permittee fails to make corrections within the period provided, the corrections may be made by the county and the land owner or permittee shall be liable for the costs thereof.

D. Abatement by County. If the corrections listed in the notice given pursuant to subsection C of this section are not made as required in the notice, the health officer with the approval of the board and after a reasonable opportunity for the person notified to be heard by the board, may cause the conditions to be abated and cost thereof shall be a charge against the person notified. A person wishing a hearing before the board shall file a notice requesting hearing not more than fifteen days following the date of receipt of notice from the health officer as provided in this chapter.

(Ord. 1119 §9, 1989)

Any person who does any work for which a permit is required by this chapter and who fails to apply for and pay the fee for a permit within five working days after notice from the health officer to do so, or who otherwise violates any other provision of this chapter, shall be guilty of a misdemeanor or infraction.

(Ord. 1119 §10, 1989)