Yuba County Municipal Code Ch. 7.03 Water Wells

Footnotes:

--- (1) ---

State Law reference— Water wells and cathodic protection wells, Water Code § 13700 et seq.

It is the purpose of this Chapter to comply with Water Code § 13801(c) and to provide for the construction, repair and reconstruction of water wells, cathodic protection wells, test wells and geophysical wells so that the ground water of this County will not be polluted or contaminated, 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 that the destruction of abandoned wells or wells found to be public nuisances will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety, or welfare of the people of the County.

(Prior Code, § 7.03.010; Ord. No. 1034)

For purpose 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 copies of which have been filed with the Clerk of the Board of Supervisors of the County of Yuba are incorporated by reference and adopted, with the following additions:

(1) Areas known to have water problems. These areas will be delineated on a map of the County that will be posted on the internet under the environmental health web page. These areas will be based on contaminates of a health threat that can not be removed by simple residential quality treatment, or areas where wells will not produce the required gpm or greater quantity. Future areas shall be approved by the Board of Supervisors and added to the map.

(2) County waters means any water, surface or underground, including saline waters, located within the boundaries of Yuba County.

(3) Difficulty proving water. If during the course of fulfilling the requirements for the number of wells, 50 percent of the test wells drilled do not meet the requirements of this Section either in quantity or quality, then additional test wells above those required, may be required at the discretion of the Director of Environmental Health.

(4) Director of Environmental Health means the Director of Environmental Health of the County of Yuba's Community Development and Services Agency or the Director of Environmental Health's authorized representative.

(5) Health Officer means the Health Officer of the County of Yuba or the Health Officer's authorized representative.

(6) Lab test means a bacterial test conducted by an approved analytical laboratory for total coliform and E. Coli bacteria as well as a general mineral test. Test results shall not exceed California State requirements for safe drinking water.

(7) Person means any natural person, corporation, firm, partnership, governmental agency, or other legal entity.

(8) Production test means:

a. Wells producing less than two gpm on the airlift method may run a four-hour drawdown test to prove minimum sustainable yield.

b. Wells producing two or more gpm on the airlift method will be accepted as having sufficient water.

(9) Pump contractor means any person or company licensed to install, service, or repair a pump by the State Contractor's Licensing Law pursuant Contractors' State Licensing License Law (Business and Professions Code § 7000 et seq.).

(10) Waiver means authorization by the Director of Environmental Health, Health Officer, or the Board of Supervisors to deviate from the requirements of this Chapter.

(11) Well contractor means any person or company licensed by the Contractors' State License Law (Business and Professions Code § 7000 et seq.) to drill wells and who has filed a copy of such license with the Yuba County Environmental Health Department.

(Prior Code, § 7.03.020; Ord. No. 1034; Ord. No. 1400; Ord. No. 1405)

State Law reference— Adoption by reference, Government Code § 50022.1 et seq.

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

(Prior Code, § 7.03.030; Ord. No. 1034)

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

(Prior Code, § 7.03.040; Ord. No. 1034; Ord. No. 1400)

State Law reference— Adoption by reference, Government Code § 50022.1 et seq.

The minimum thickness for steel well casings shall be ten gauge (0.1345 inches).

(Prior Code, § 7.03.041; Ord. No. 1034)

(a) Requirement for all parcels at time of development.

(1) Wells must be drilled prior to the issuance of a building permit for a habitable structure. The available flow from the well or wells to serve each residential dwelling must produce a minimum of one gpm. A driller's test log indicating the yield and lab tests indicating potability shall be evaluated and approved by the Environmental Health Department prior to releasing the building permit application.

(2) On any system with a well producing less than three gpm, the system must have an available 1,200 gallons of storage per dwelling on the system. The volume of the well can be used to help satisfy this requirement. The plumbing system for any new habitable structures on these parcels must (in some way) provide for pressure regulation that will not allow the system to fall below the 15 psi standard of the 2001 California Plumbing Code 608.1 (15 psi).

(3) An existing well will be allowed to fill this need if it meets the current minimum requirements.

(4) Parcels being created must meet the requirements as outlined for creation of new parcels in Section (b)(1)—(4).

(b) Creation of new parcels after adoption of this Section.

(1) Land divisions that create less than three parcels shall be exempt from the following requirements except in areas known to have water quantity or quality problems (Camp Far West and other areas that may become known in the future).

(2) On all proposals for new lot/parcel creation, the following standards shall apply:

a. All new wells drilled to meet the land use requirements in Subsection (b)(3) and (b)(4) below shall have a minimum yield of two gallons per minute if tested with the airlift method and three gallons per minute if a production test is run. If a well is drilled that does not meet these standards it can be destroyed or placed inactive until used and a replacement well drilled. Before approval of test wells, a well log, a drillers report on production and lab tests must be submitted for each test well.

b. The number of wells needed shall be in accordance with the standard established as provided below in Subsection (b)(3) and (b)(4).

(3) Prior to final map.

a. Requirements for parcels of one acre or less: Any division of land that creates parcels of one acre or less in size will be required to have a public water system and a public sewer system.

b. The public water system must meet all State requirements for a potable water supply. Any wells, treatment plant, storage facilities and appurtenances used to supply, distribute and/or render water safe for domestic use must be approved and permitted by the local and/or State Health Department. If the water system is not retained in private ownership a public entity shall be formed to provide for maintenance and operation of the water system.

c. Requirement(s) for parcels over one acre and under 2.5 acres: Requirements for parcels over one acre and under 2.5 acres in size shall conform to the requirements for a Planned Unit Development as outlined in Section 12.80.066(a).

d. Parcels between one acre and 2.5 acres in size shall provide either a public sewer service or public water supply as determined by the Environmental Health Director. Setback requirements equivalent to those that would be required on a five acre parcel shall apply to any parcel between one acre and 2.5 acres in size that has either a well or septic system. Parcels smaller than one acre in size shall provide both a public sewer service and public water supply. A private purveyor of sewer services and water supply may be approved by the Board of Supervisors.

e. If a public water system is proposed to meet the requirements the system must meet all State requirements for a potable water supply. Any wells, treatment plant, storage facilities and appurtenances used to supply, distribute and/or render water safe for domestic use must be approved and permitted by the local and/or State Health Department. If the water system is not retained in private ownership a public entity shall be formed to provide for maintenance and operation of the water system.

f. If a public sewer service is proposed and wells are to be used as a source of water, test wells will be required to substantiate a sufficient water supply in the area of the division. Wells meeting the requirements will be drilled on ten percent of the parcels with a minimum of one approved well. If it is difficult to find water (as outlined in definitions) by drilling test wells or the division is in an area known to have water quantity or quality problems, additional wells may be required to be drilled prior to final map as outlined in Subsection 2(iiii) below.

g. Requirement(s) for parcels 2.5 acres to 4.9 acres: Parcels of this size shall be reviewed by the enforcement agency for appropriate water supply type. If the proposed division is in an area that has been found to have water quantity or quality issues or test wells show a shortage of available water, a public water system may be proposed, or as an alternative, approved wells will be required to be drilled on ten percent of the parcels (a minimum of one approved well), with all additional approved wells required to be constructed prior to final map as outlined in Subsection 2(iiii) below. Before approval of test wells, a well log, a drillers report on production and lab tests must be submitted for each test well.

h. If a public water system is proposed to meet the requirements, the system must meet all State requirements for a potable water supply. Any wells, treatment plant, storage facilities and appurtenances used to supply, distribute and/or render water safe for domestic use must be approved and permitted by the local and/or State Health Department. If the water system is not retained in private ownership, a public entity shall be formed to provide for maintenance and operation of the water system.

i. If the division is proposed in an area where there is sufficient data supporting the use of wells, approved wells shall be drilled on ten percent of the proposed parcels with a minimum of one approved well. Before approval of test wells, a well log, a drillers report on production and lab tests must be submitted for each test well.

j. Requirement(s) for parcels of five acres to 20 acres: Drill test wells on ten percent of the parcels with a minimum of one approved well. Before approval of test wells, a well log, a drillers report on production and lab tests must be submitted for each test well.

k. If it is difficult to find water (as outlined in definitions) by drilling test wells or the division is in an area known to have water quantity or quality problems, additional approved wells may be required to be drilled prior to final map as outlined in Subsection (b)(4) below.

l. Requirement(s) for parcels larger than 20 acres: Test wells will only be required in areas known to have ground water shortages or quality issues as outlined in Subsection (b)(4) below.

(4) If the division is in an area of known water quantity or quality problems or test wells indicate a lack of suitable water, additional wells will be required prior to final map.

a. In order to provide proof of the availability and quality of the water, approved wells shall be drilled and approved prior to final map in accordance with the following:

(i) Parcels of 2.5 to five acres: 25% to 50% of the parcels.*

(ii) Parcels of 5.1 acres to ten acres: 50% to 30% of the parcels.*

(iii) Parcels of 10.1 to 20 acres: 30% to 10% of the parcels.*

*The percentage of wells based on average parcel size with a minimum of one approved well. Well logs, a drillers report on production and lab tests must be submitted for all test wells.

(iv) Parcels over 20 acres: Proof of availability of ground water (a report from a hydro geologist or engineering geologist or approved test wells) shall be required where the enforcement agency deems it necessary based on evidence of groundwater shortages or quality issues in the area of the proposed division.

b. Furthermore, any undeveloped parcels without a developed well in the division will be required to prove that well water of sufficient quantity and quality is available prior to issuance of building permits.

c. The provisions under Subsection (b) of this Section, Creation of new parcels after adoption of this Section, may be waived by the Health Officer if sufficient well information has been developed in the area to assure adequate potable water. A statement to the Environmental Health Department by a licensed well driller and a report from a hydro geologist or an engineering geologist may be required in this case. The Environmental Health Department may require confirmatory wells. Neither a waiver of the requirements, the acceptance of data or statement submitted nor the approval of the map by the County of Yuba in reliance upon such waiver, data or statements shall be, nor be construed to be a guarantee by the County of Yuba that suitable domestic water in sufficient quantity is available to the parcels created by the subdivision.

d. The following notice shall apply to all divisions of this Section:

NOTICE

"There is no assurance that underground water sources exist within the limits of the hereon shown parcel(s) which will be adequate in sufficient quantity or quality to meet future needs. Future Developer(s) of the parcel(s) herein created will be responsible for demonstrating that adequate on-site water is available for the proposed use of the parcel(s).

Surface water (i.e. springs, creeks, irrigation ditches, etc.) is not an approved domestic potable water source."

(Prior Code, § 7.03.042; Ord. No. 1400)

No person shall construct, alter, repair, reconstruct, place inactive, abandon, destroy, or change the use of any well unless a written permit has first been obtained from the Health Officer as provided in this Chapter and unless the work done conforms to the standards specified in this Chapter and to all the conditions of the permit, except no permit shall be required to replace or repair well equipment where the sanitary seal remains intact as a result of such replacement or repair.

(Prior Code, § 7.03.050; Ord. No. 1034)

Applications for permits shall be made to the Health Officer on forms furnished by the Health Officer. The applicant shall provide such information as the Health Officer may require.

(Prior Code, § 7.03.060; Ord. No. 1034; Ord. No. 1400

In the event of an emergency, well repairs may be commenced without an application for a 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. 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. As a condition to approval of such emergency repairs, the Health Officer may impose additional requirements deemed necessary to accomplish the purposes of this Chapter.

(Prior Code, § 7.03.070; Ord. No. 1034)

(a) A permit issued pursuant to this Chapter may be revoked or suspended by the Director of Environmental Health as hereinafter provided if he or she 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 correction within 30 days after receiving such notice.

(b) A permit may be revoked or suspended by the Director of Environmental Health if he or she determines that the person to whom any permit was issued pursuant to this Chapter has attained the same by fraud or misrepresentation. The revocation or suspension 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 or her right to appeal the revocation or suspension as provided for in Section 7.03.120 of this Chapter.

(Prior Code, § 7.03.080; Ord. No. 1034)

Whenever a well is deemed an abandoned well as defined in Chapter II of the State Department of Water Resources Bulletin, Number 74-81, entitled, "Water Wells Standards: State of California" including the amendments thereto or there after adopted, such abandoned well shall be destroyed or placed inactive by its owner in the manner so described in the Bulletin referenced herein and as established by this Chapter.

(Prior Code, § 7.03.090; Ord. No. 1034; Ord. No. 1400)

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

(b) Order to abate nuisance.

(1) Whenever the Director of Environmental Health determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, he or she 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 the premises in a conspicuous place. A copy of the order shall be mailed to the owners of the premises as their names appear upon the last equalized assessment role. The Director of Environmental Health may for good cause extend the time specified in the order or otherwise modify or rescind the order.

(2) The order of abatement shall advise the possessors and owners of the property of their right to appeal such order as provided for in Section 7.03.120 of this Chapter and to stay the order of abatement pending such appeal.

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

(d) 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 or trust of record, and any other person known to have a legal interest in the property.

(1) A hearing shall be held on the 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.

(2) 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 30 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 of 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 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.

(e) Other remedies. This Chapter is not the exclusive method of regulating public nuisances within the County of Yuba. This Chapter shall supplement and be an addition to other regulatory statutes and ordinances enacted by the County, State of California, or any other legal entity or agency having jurisdiction.

(Prior Code, § 7.03.100; Ord. No. 1034)

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. Any person convicted of a misdemeanor for violating the provisions of this Chapter shall be punished by a fine not to exceed $1,000.00 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 the Chapter as an infraction shall be fined as follows:

(1) Not exceeding $100.00 for a first violation.

(2) Not exceeding $200.00 for a second violation of the same provision within one year.

(3) A fine not exceeding $500.00 for each additional violation of the same provision within one year.

(Prior Code, § 7.03.110; Ord. No. 1034)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

(a) If the Director of Environmental Health:

(1) Denies the application for a waiver from the requirements of this Chapter pursuant to Section 7.03.060(5)(b), or

(2) Revokes or suspends a permit issued under this Chapter pursuant to Section 7.03.080, or

(3) Orders a nuisance to be abated as provided for in this Chapter pursuant to Section 7.03.100(2), then the person whose application for a waiver was denied, whose permit was revoked or suspended, or who was ordered to abate a nuisance may file a written appeal to the Health Officer within 15 calendar days after the waiver denial, permit revocation or suspension, or order to abate nuisance. The appeal shall specify the grounds upon which the appeal is taken.

(b) All hearings under this Section shall be held before the Health Officer who shall hear all facts and oral or written testimony on the circumstances concerning denial of an application for a waiver, revocation or suspension of a permit, or order to abate a nuisance. The Health Officer shall not be limited by the technical rules of evidence. The appellant may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing. The Health Officer shall impose such conditions and take such actions as deemed appropriate under the circumstances to carry out the purpose of this Chapter.

(c) Any person may appeal the decision of the Health Officer by filing a written notice of appeal with the Health Officer within five calendar days after his or her decision. The appeal shall be heard by the Board of Supervisors which may affirm, amend, or reverse the order and take the action deemed appropriate. The Clerk of the Board shall give written notice of the time and place of the hearing to the appellant. In conducting the hearing, the Board of Supervisors shall not be limited by the technical rules of evidence.

(Prior Code, § 7.03.120; Ord. No. 1034)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.