Tuolumne County Municipal Code Ch. 13.16 Water Wells

Sections:

• 13.16.010 Purpose.

• 13.16.020 Title.

• 13.16.030 Definitions.

• 13.16.040 Enforcement.

• 13.16.050 Permit required.

• 13.16.055 Violation permit penalty.

• 13.16.060 Permit-Issuance and fee.

• 13.16.065 CEQA review required.

• 13.16.070 Well drillers and pump installers.

• 13.16.080 Permit-Validity.

• 13.16.090 Violation; enforcement.

• 13.16.100 Permit not to be construed to authorize violations.

• 13.16.110 Liability of county.

• 13.16.120 Protection of water supply.

• 13.16.125 Groundwater Export Temporarily Prohibited.

• 13.16.130 Inspections.

• 13.16.140 Water analysis.

• 13.16.150 Completion.

• 13.16.160 Standards.

• 13.16.170 Standards adopted for cathodic protection wells.

• 13.16.180 Administrative variance.

• 13.16.190 Appeals.

chapter to regulate the construction, reconstruction, modification, abandonment and destruction of domestic and agricultural wells, cathodic protection wells, industrial wells, geothermal heat exchange wells, monitoring and observation wells, test wells and test holes and exploration holes in such a manner that the groundwater of the 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 the county. (Ord. 2207 § 1, 1997; Ord. 1472 § 1 (part), 1986).

may be cited as the "Tuolumne County Well Ordinance Adopting Chapter II and Appendices A and B of Water Well Standards, Bulletin 74-81, December 1981 and Bulletin 74-1, Cathodic Protection Well Standards, March 1973, and subsequent supplements or amendments thereto."
(Ord. 3134 § 37, 2010; Ord. 1472 § 1 (part), 1986).

otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:

A. "Approved" means any plan approved by the Environmental Health Director.

B. “Environmental Health Division” means the Environmental Health Division of the Community Development Department of the county.

C. "Work on a well" for which a permit from the Environmental Health Division is required means the digging, boring or drilling of a new well, reconstruction, modification (sealing, deepening or reperforation), destruction or abandonment of an existing well, or drilling or destruction of a test or exploration hole.

D. "Well" means domestic and agricultural wells, cathodic protection wells, industrial wells, geothermal heat exchange wells, monitoring and observation wells, test wells and test holes and
exploration holes. “Well” does not include test trench excavations for purposes of on-site sewage treatment and disposal evaluation, nor does it include domestic and agricultural wells, cathodic protection wells, industrial wells, geothermal heat exchange wells, test wells and test holes and exploration holes less than fifteen feet in depth.

E. "Permit" means a well permit issued under this chapter.

F. "Test hole or exploration hole" means an uncased, temporary excavation (excluding blast holes and test trench excavations for on-site 13-28

sewage treatment and disposal evaluation) exceeding a depth of fifteen feet and whose purpose is the immediate determination of existing geologic and hydrologic conditions.

G. "Agricultural wells" means wells used to supply water only for irrigation or other agricultural purposes.

H. "Domestic water well" means a water well used to supply water for the domestic needs of an individual residence or system of four or less service connections (or "hook-ups" as they are often called).

I. "Industrial well" means a water well used to supply industry on an individual basis, in contrast to supplies provided through community systems.

J. "Monitoring and observation well" means a well constructed for the purpose of observing or monitoring groundwater conditions.

K. “Geothermal heat exchange well”, as used in this chapter, means any uncased artificial excavation exceeding a depth of fifteen feet, by any method, that uses the heat exchange capacity of the earth for heating and cooling, in which excavation the ambient ground temperature is 30 degrees Celsius (86 degrees Fahrenheit) or less, and which excavation uses a closed-loop fluid system to prevent the discharge or escape of its fluid into surrounding aquifers or other geologic formations. Geothermal heat exchange wells include ground source heat pump wells.

L. “Disinfected secondary-2.2 recycled water” means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period.

M. “Disinfected secondary-23 recycled water” means recycled water that has been oxidized and disinfected so that the median concentration of total coliform bacteria in the disinfected effluent does not exceed a most probable number (MPN) of 23 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed, and the number of total coliform bacteria does not exceed an MPN of 240 per 100 milliliters in more than one sample in any 30 day period.

N. “Disinfected tertiary recycled water” means a filtered and subsequently disinfected wastewater that meets the following criteria:

a. The filtered wastewater has been disinfected by either:

(1) A chlorine disinfection process following filtration that provides a CT (the product of total chlorine residual and modal contact time measured at the same point) value of not less than 450 milligram-minutes per liter at all times with a modal contact time of at least 90 minutes, based on peak dry weather design flow; or

(2) A disinfection process that, when combined with the filtration process, has been demonstrated to inactivate and\or remove 99.999 percent of the plaque-forming units of F-specific bacteriophage MS2, or polio virus in the wastewater. A virus that is at least as resistant to disinfection as polio virus may be used for purposes of the demonstration.

b. The median concentration of total coliform bacteria measured in the disinfected effluent does not exceed an MPN of 2.2 per 100 milliliters utilizing the bacteriological results of the last seven days for which analyses have been completed and the number of total coliform bacteria does not exceed an MPN of 23 per 100 milliliters in more than one sample in any 30 day period. No sample shall exceed an MPN of 240 total coliform bacteria per 100 milliliters.

O. “Undisinfected secondary recycled water” means “oxidized wastewater” which is wastewater in which the organic matter has been stabilized, is nonputrescible, and contains dissolved oxygen.
(Ord. 3134 §§ 38, 39, 40, 2010; Ord. 2442 §2, 2002; Ord. 2404, §1, 2001; Ord. 2207 §§ 2, 3, 4, 1997; Ord. 1472 § 1 (part), 1986).

chapter shall be enforced by the Environmental Health Division. (Ord. 3134 § 41, 2010; Ord. 1472 § 1 (part), 1986).

A. No person shall commence to dig, bore or drill a well or to deepen, seal, reperforate, abandon or destroy an existing well in the unincorporated area of Tuolumne County without first having obtained a permit to do such work from the Environmental Health Division. An application for a permit shall be made in such a manner and on such forms as the Environmental Health Division directs.
All permits shall be valid for one year from the date of issuance.

B. The Environmental Health Director may approve, conditionally approve, or deny well permits. In granting a permit the Environmental Health Director shall attach whatever conditions are reasonable and necessary to fulfill the intent and 13-29

purposes of this Chapter and Title 14. Such conditions and the proposal of the applicant as considered and approved shall be a part of such permit. Issuance of a permit may be made subject to guarantees, executed by the Environmental Health Director, and evidence that attached conditions are being or will be met. (Ord. 3134 § 42, 2010; Ord. 2280 § 15, 1999; Ord. 2207 § 6, 1997; Ord. 1472 § 1 (part), 1986).

for a permit to legalize a violation of this chapter, after service of a notice of violation, or a notice and order, in accordance with Chapter 1.10 of the Tuolumne County Ordinance Code, shall pay a violation permit penalty as established by the Board of Supervisors and set forth in Chapter 1.10 of the Tuolumne County Ordinance Code. This fee shall be paid in addition to the regular permit processing fee. (Ord. 2612 § 5, 2005; Ord. 2296 § 4, 1999; Ord. 2207 § 7, 1997).

permit shall be issued by the Environmental Health Division on a standard form supplied for that purpose. A fee shall be charged for such permit, except for test holes or exploration holes, as set forth in Chapter 3.40 of this code. It shall be the responsibility of the permit holder to maintain a copy of the permit on the work site during all stages of work on a well. A permit for work on a well shall not be issued if the proposed well: A. Will prohibit the use of surrounding property for any of the purposes for which it is zoned; B. Will be subject to contamination; C. Will create a risk of contamination of usable groundwater; D. Will be in violation of this chapter; E. Will constitute a public health hazard. (Ord. 3134 § 43, 2010; Ord. 1472 § 1 (part), 1986).

A. A review pursuant to the California Environmental Quality Act(CEQA) shall be conducted prior to the approval or conditional approval of a well permit when:

1. A cultural resource is determined to be present on the project parcel pursuant to Chapter 14.10; and

2. The cultural resource cannot be avoided as established in Chapter 14.10.

B. A review of the impacts of the proposal on cultural resources shall be conducted in compliance with Chapter 14.10 of this code to determine the appropriate conditions necessary to protect cultural resources. (Ord. 2280 § 16, 1999).

undertake to dig, bore or drill a water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well, to deepen or reperforate such a well, or to abandon or destroy such a well, unless the person responsible for that construction, alteration, destruction, or abandonment possesses a C-57 Water Well Contractor’s license in accordance with the California Water Code (Section 13750.5). All other work on wells shall be performed by contractors licensed in accordance with the provisions of the Contractors License Law of the State of California (Chapter 9, Division 3, of the Business and Professions Code) or the property owner, unless exempted by this act. (Ord. 2207 § 8, 1997; Ord. 1472 § 1 (part), 1986).

A. It is the responsibility of any and all persons performing any part of the work proposed under permit to ascertain that a valid permit has been issued by the Environmental Health Division prior to the inception of the work. B. Well permits shall be valid for one year from date of issue to installation of the well. C. Any permittee holding an unexpired permit may apply for an extension of time within which he/she may commence the work under that permit when he/she is unable to commence work within the time required by this section for good and satisfactory reason, provided no changes have been made or will be made in the original plans and specifications for such work. The Environmental Health Director may extend the permit for a period of one hundred eighty days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. In order to renew action on a permit after expiration, the permittee shall pay the staff hourly cost with a one hour minimum upon applying for a permit renewal for permits that expired on or after July 1, 2008. The permittee shall pay a new full permit fee to renew action on a permit that expired prior to July 1, 2008. (Ord. 3134 § 44, 2010; Ord. 3061 § 5, 2009; Ord. 1865 § 19 1991; Ord. 1472 § 1 (part), 1986).

this chapter shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Ordinance Code. (Ord. 2296 § 5, 1999; Ord. 1472 § 1 (part), 1986).

13-30

authorize violations.

A. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any provisions of this chapter. The issuance or granting of a permit or approval of plans and specifications shall not prevent the Environmental Health Division from thereafter requiring the correction of errors in such plans and specifications or from issuing a stop order when work is in violation of this chapter or any other ordinance.

B. All installations shall be completed as designed and approved. Any variations from the approved plans and specifications shall require a revised plot plan and shall be the subject of new approval prior to commencement of work on a well. (Ord. 3134 § 45, 2010; Ord. 1472 § 1 (part), 1986).

not be construed as imposing upon the county any liability or responsibility for damage resulting from any well as herein provided; nor shall the county, or any official employee thereof, be held as assuming such liability or responsibility by reasons of the activities authorized hereunder. (Ord. 1472 § 1 (part), 1986).

A. No person shall install or maintain a well in any manner that will result in the pollution or contamination of the potable groundwater, or which allows the entrance of surface waters into the potable or usable groundwater.

B. If evidence is presented to the satisfaction of the Environmental Health Division that any well is polluting or contaminating the potable groundwater, upon order of the Environmental Health Division, the property owner shall destroy such well in accordance with the provisions of the water well standards as adopted in Section 13.16.160, to eliminate the pollution or contamination where the entrance of surface water into the potable or usable groundwater occurs. (Ord. 3134 § 46, 2010; Ord. 1472 § 1 (part), 1986).

Prohibited. ( Repealed Ord. 2429, 2001; Ord. 2189 § 2, 1997; Ord. 2135 § 2, 1996).

used to provide a domestic water supply to any parcel of land other than the one on which the well is located without complying with one of the following:

1. A public water system permit is approved for the well where appropriate; or

2. The parcel on which the well is located and the parcel being served by the well are owned by the same person(s), and the well permit includes conditions on the use and transfer of each parcel that ensure conditioned water service to the parcel being serviced.

3. A recorded easement or other agreement exits authorizing the use and maintenance of the well by the parcel(s) being served. The recorded document must run with the land as to the parcel on which the well is located and all parcels served by the well, and shall include provisions that its grant of authority may not be terminated unless and until an alternative source of water (authorized by law) has been connected to the used served by the well.

Additionally, water from the well must be tested, as set forth in Section 13.16140 of this Chapter, and found to meet state standards, prior to use.
(Ord. 2207 § 9, 1997).

Division may conduct inspections at any time to assure compliance with the requirements of this chapter.

The Environmental Health Division may prescribe mandatory inspections of projects where it deems it necessary. The stage at which each prescribed inspection is required shall be set forth in the permit. Prior to sealing the annular space, the Environmental Health Division shall be notified and shall conduct an inspection of the sealing process unless inspection has been waived by the Environmental Health Division. After the work on a well has been completed, the Environmental Health Division shall be so notified by the persons performing the work and the Environmental Health Division shall conduct a final inspection thereof unless inspection has been waived. (Ord. 3134 § 47, 2010; Ord. 1472 § 1 (part), 1986).

domestic wells and industrial wells which provide water for domestic use or food processing shall be tested both bacteriologically and chemically by a state certified laboratory prior to placing the well into service. The results shall be submitted to the Environmental Health Division and must be found to meet state bacteriological and chemical standards, as a condition prior to finaling the permit. Copies of testing reports shall be forwarded to the Health Officer. The extent of chemical and bacteriological analysis shall be determined by the Environmental 13-31

Health Division based upon the intended use of the water. The performance and cost of the analysis shall be the responsibility of the owner. (Ord. 3134 § 48, 2010; Ord. 2207 § 10, 1997; Ord. 1472 § 1 (part), 1986).

well, the driller shall be responsible for the attachment of a sanitary well seal or a well cover.
The driller shall also submit a copy of the report required by Section 13751 (Division 7, Chapter 10, Article 3) of the California Water Code to the Environmental Health Division within sixty days of construction or destruction of any water well. Any information contained in this report shall remain confidential, except as to well owners and governmental agencies with a legitimate need for the report. (Ord. 3134 § 49, 2010; Ord. 2207 § 11, 1997; Ord. 1472 § 1 (part), 1986).

monitoring wells) shall be located at an adequate horizontal distance from known or potential sources of pollution or contamination, as determined by the Environmental Health Division. Such sources include, but are not limited to: sanitary, industrial, and storm sewers; septic tanks; and leachfields; sewage industrial waste ponds; land used for disposal of or irrigation with treated (recycled) wastewater; barnyard or stable areas; feedlots; solid waste disposal sites; above and below ground tanks and pipelines for storage and conveyance of petroleum products or other chemicals; and, storage and preparation areas for pesticides, fertilizers, and other chemicals. All work on a well shall conform to the standards set forth in Chapter II and Appendices A and B of “Water Well Standards: State of California”, Bulletin 74-81, December 1981, Department of Water Resources, and subsequent supplements or amendments. Such standards are incorporated herein by reference with the following amendments: A. Part II, Section 8, with respect to contaminants is amended to provide the following:

Potential Contaminant Source Minimum Distance (Feet)

From property line or any easement 5 From septic tank (water tight) 50 From public or private sewer pipeline or approved

watertight piping and joint materials 25 From other public or private sewer 50 From subsurface disposal field 100 From intense animal or fowl enclosure (pasturage excluded) 100 From seepage pit or cesspool 150 From an in-service or temporary
inactive well

25 From land irrigated or disinfected tertiary recycled water

50 From an impoundment of disinfected tertiary recycled water

100 From an impoundment of, or land irrigated with, disinfected

secondary -2.2 or disinfected secondary-23 recycled water

100 From an impoundment of, or land irrigated with, undisinfected

secondary recycled water 50

Where adverse or special hazards are involved, the above minimum distances shall be increased or special means of protection, particularly in the construction of the well, shall be provided as determined by the Environmental Health Division. B. Part II, Section 9, sealing the upper annular space below ground surface for various uses of wells is amended as follows: Individual Domestic Wells - 20 feet, or 5 feet into consolidated material, where no less than 20 feet of total seal is required. Geothermal Heat Exchange Wells - Equal to bore depth. Special exceptions for shallow wells described in Section 9 continue to be applicable. (Ord. 3134 § 50, 2010; Ord. 2404 §2 2001; Ord. 2207 § 12, 1997; Ord. 1472 § 1 (part), 1986).

protection wells. All cathodic protection wells shall be constructed in accordance with the standards adopted by the Department of Water Resources and set forth in “Cathodic Protection Well Standards: State of California”, Bulletin
74-1, March 1973, and subsequent supplements.
Such standards are incorporated in this chapter by reference. (Ord. 2207 § 13, 1997; Ord. 1472 § 1 (part), 1986).

Environmental Health Director may grant an administrative variance from any standard set forth in this chapter where evidence is submitted that an unusual circumstance exists in a particular case whereby an unnecessary hardship would result from the application of the standard and that the granting of the variance will not cause a hazardous condition or endanger the public health. The Environmental Health Director shall issue findings with respect to its determination of the request for a variance. (Ord. 3134 § 51, 2010; Ord. 1472 § 1 (part), 1986).

Director denies an application for a permit, issues a

conditional permit, or denies a variance, which is contrary to law, the applicant may appeal to the board of supervisors whose decision shall be final.
The appeal, accompanied by the fee set forth in chapter 3.40, shall be submitted to the Environmental Health Division within ten days from the date of the decision and shall set forth in writing the reasons for the appeal. The Environmental Health Division shall immediately forward a copy of the appeal to the clerk of the board. The clerk shall schedule the matter for consideration by the board within thirty days from the date of appeal. Appeals not submitted in a timely manner will not be considered and will be returned. An appeal on any aspect of a decision submits the entire matter to comprehensive (de novo) review and the board shall consider and record, receive testimony, and make all findings and determinations necessary to approve, conditionally approve, or deny the application. (Ord. 3134 § 52, 2010; Ord. 2296 § 15, 1999; Ord. 1472 § 1 (part), 1986).