Chapter 14.06 WELL DRILLING PERMITS AND STANDARDS

The State Department of Water Resources Bulletin Number 74-81, as supplemented by 74-90, entitled "Water Well Standards: State of California," is adopted by reference as a part of this chapter. (Ord. 1730 §2(part), 2013).

14.06.015 Work defined.

For the purposes of this chapter, "work" shall be defined as construction, repair (excluding installation of or repairs to pumps, telemetry or other electric parts), deepening, rehabilitation or destruction of any well. (Ord. 1730 §2(part), 2013).

14.06.020 Permit required.

Except as otherwise provided in this chapter, it is unlawful for any person to work on any well unless that person is an appropriately licensed contractor and a permit has been obtained to do so from the environmental health department (department). (Ord. 1730 §2(part), 2013).

14.06.030 Posting of permit on premises.

A copy of the permit required under this chapter shall be maintained at all times in a conspicuous place on the site while work on a well is carried out. (Ord. 1730 §2(part), 2013).

14.06.040 Permit application.

Application for permits required under this chapter shall be made on forms furnished by the department and shall contain such information as the department may require, including, but not limited to:

A. A plot plan showing the location of the proposed well with respect to the following items within a radius of two hundred feet from the proposed well:

1. Property lines;

2. Sewer piping;

3. Location of existing on-site sewage system;

4. Location of proposed permitted on-site sewage system;

5. All intermittent or perennial natural or artificial bodies of water or watercourses;

6. The approximate drainage pattern of the property;

7. Other wells;

8. Existing structures;

9. Utility easements;

B. The location of the property (assessor’s parcel number/vicinity maps);

C. The name and contractor license number of the person who will work on the well;

D. The proposed use of the well;

E. Where the proposed work is the destruction of a well, the following information, if available:

1. Total depth of well;

2. Depth of casing;

3. Depth of any casing perforations;

4. Well log;

5. Description of proposed method of destruction;

F. Other information as may be necessary to determine if the underground water will be adequately protected. (Ord. 1730 §2(part), 2013).

14.06.050 Provisions for sewage disposal.

Where the well is to serve a dwelling or other structure requiring on-site sewage disposal, an on-site sewage disposal permit shall be issued prior to the issuance of a well permit. (Ord. 1730 §2(part), 2013).

14.06.055 Production requirements for water supply wells.

A. Where the well is a water supply to serve a new single-family dwelling, no storage shall be required if and when rated well yield, based on a minimum thirty-minute air lift test, is five gallons per minute (gpm) or greater. If the rated yield is from one-half to less than five gpm, a minimum of two thousand gallons storage shall be provided in addition to any storage required by applicable fire regulation requirements. If the rated yield is less than one-half gpm, the well shall not be considered adequate to support a single-family dwelling unless a proposal by a licensed well drilling contractor, licensed pump contractor, or registered professional engineer has been submitted for review and approved by the department proposing storage or other design features that must be implemented as a condition of well permit final approval.

B. Where the well is a water supply to serve two dwellings on the same parcel, no storage shall be required if the rated well yield is ten gpm. If the rated yield is from one gpm to less than ten gpm, a minimum of two thousand five hundred gallons storage shall be provided. Where the well is a water supply to serve three dwellings on the same parcel, no storage shall be required if the rated well yield is fifteen gpm. If the rated yield is from one and a half to less than fifteen gpm, a minimum of three thousand gallons storage shall be provided. Where the well is a water supply to serve four dwellings on the same parcel, no storage shall be required if the rated yield is twenty gpm. If the rated yield is from two to less than twenty gpm, a minimum of three thousand five hundred gallons storage shall be provided.

The storage requirements in this section are in addition to any storage required by applicable fire regulations. If the rated yield is less than the minimum required for storage, the well shall not be considered adequate to support the dwelling units unless a proposal by a licensed well drilling contractor, licensed pump contractor, or registered professional engineer has been submitted for review and approved by the department proposing storage or other design features that must be implemented as a condition of well permit final approval.

C. Where the well is a water supply to serve two, three, or four dwellings located on at least two separate parcels, the minimum required yield shall be ten, fifteen, or twenty gpm, respectively. If the rated yield does not meet these standards, a proposal by a registered professional engineer shall be submitted for review and approval by the department proposing storage or other design features that must be implemented as a condition of well permit final approval.

D. Where the well is a water supply to serve five or more dwellings, the county shall determine whether the applicant meets the state regulations for small water systems.

E. Where the well is a water supply to serve nonresidential or mixed uses, the applicant shall retain a registered professional engineer to submit a proposal for review and approval by the department describing water demand and proposing storage or other design features that must be implemented as a condition of well permit final approval.

F. This section shall not apply to wells intended solely for nondomestic use. (Ord. 1800 §3, 2020; Ord. 1730 §2(part), 2013).

14.06.060 Permit application fee.

Any person desiring to secure a permit or approval required under this chapter shall pay a fee set by resolution of the board of supervisors. Such fee shall be payable to the health department upon the filing of an application for such a permit or approval. (Ord. 1730 §2(part), 2013).

14.06.070 Persons to whom permits shall be issued.

Permits shall be issued pursuant to this chapter only to a person holding a C-57 license issued in accordance with the provisions of Business and Professions Code Section 7000 et seq. or to the owner of the property or his authorized representative. (Ord. 1730 §2(part), 2013).

14.06.080 Conditions.

Permits shall be issued in compliance with standards provided in this chapter. Permits may also include any other conditions or requirements found by the department to be necessary to protect public health, including, but not limited to, bacteriological and/or chemical analysis. (Ord. 1730 §2(part), 2013).

14.06.090 Grounds for refusal of permit.

The department may refuse to issue a permit for any of the following reasons:

A. The permit application is not complete or in proper form;

B. The proposed work on the well would create a health hazard, aggravate a preexisting health hazard, or violate any of the standards established by this chapter;

C. Failure to comply with reporting requirements set forth in Section 14.06.120. (Ord. 1730 §2(part), 2013).

14.06.100 Review and appeal.

Any person aggrieved by the refusal, revocation or suspension of a permit or the terms of a permit required by this chapter may appeal in writing to the director of environmental health (director). The appeal shall be filed with the director within thirty calendar days after such refusal, revocation or suspension. The director shall within twenty-one days review the appeal and render his decision in writing to the applicant. The appellant may appeal in writing the decision of the director to the board of supervisors. The appeal shall be filed with the clerk of the board of supervisors within twenty-one days after the director’s decision. The board of supervisors shall schedule a hearing within thirty days after the filing of an appeal. The board of supervisors shall cause written notice to be mailed to the appellant specifying the date and time the appeal will be heard at least fifteen days before the hearing date. The hearing may be continued from time to time by the board of supervisors. (Ord. 1730 §2(part), 2013).

14.06.110 Completion and inspection of work.

A. Permits shall be valid for a period of one year from the date of issuance and shall expire unless placement of the annular seal has been completed and approved by the department. An expired permit shall be of no further force or effect.

B. If the owner submits to the department an application for a permit extension while the permit is still valid, the department shall, at no charge, grant one extension of the permit for a period of one year for the sole purpose of allowing the owner to complete work on the well.

C. The well driller shall notify the department upon completion of the work by submitting a copy of the well driller’s report as provided in Water Code 13751 et seq. within thirty days, and no work shall be deemed completed until such notification has been received.

D. Prior to final approval of any permit for a water well intended for domestic use, the permittee shall submit to the department for review and approval results of bacteriological and nitrate analysis of water produced by the well from a laboratory accredited by the California Environmental Laboratory Accreditation Program in the appropriate fields of testing. If analysis results for a water supply well indicate the presence of any coliform bacteria or nitrate in excess of forty-five mg/l, the permittee may be directed to resample the well. Upon request the department shall sample the well with the permittee bearing the cost for laboratory fees and additional staff time, if any. A permit for a domestic well producing water which tests positive for coliform bacteria shall not receive final approval nor shall the well be considered a potable source for new construction. A permit for a domestic well producing water which exceeds the nitrate standard shall not receive final approval nor shall the well be considered a potable source for new construction unless a treatment device from CDPH’s list of devices certified for nitrate reduction is installed and demonstrated and a constructive notice statement is recorded that will disclose the condition in the event of title search.

E. A final inspection of the work shall be made by the department after said completion report is received unless such inspection is waived in writing by the department, and no permittee shall be deemed to have complied with this chapter until such inspection has been performed or waived and results of water analysis have been approved by the department. (Ord. 1730 §2(part), 2013).

14.06.120 Emergency repairs.

In the event of an emergency, well repairs may be commenced without application for permit. "Emergency repairs" means repairs or replacement immediately necessary to protect the health, safety or welfare of any persons 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 require retroactive approval by the Department. Within forty-eight hours, excluding holidays and weekends, of commencing emergency repairs, the person making such repairs shall file an application for emergency repairs. The application shall include the information required in Section 14.06.040, and shall also include a statement of facts constituting the emergency necessitating the repairs. An inspection of the work shall be made by the department unless such inspection is waived. (Ord. 1730 §2(part), 2013).

14.06.130 Revocation or suspension.

A permit issued hereunder may be revoked or suspended by the department if it is determined that a violation of this chapter exists. The department’s decision may be appealed as set forth in this chapter. (Ord. 1730 §2(part), 2013).

14.06.140 Persons permitted to drill a well.

Wells shall be worked on only by a person holding a C-57 license issued in accordance with Business and Professions Code Section 7000 et seq. (Ord. 1730 §2(part), 2013).

14.06.150 Acts prohibited.

No person shall work on any well unless a permit has first been obtained from the department as provided in this chapter, unless that person is an appropriately licensed contractor, and unless the work done conforms to the standards specified in this chapter and all the conditions of the permit. Any person who performs any work for which a permit is required by this chapter and who fails to obtain such permit prior to commencing work permitted by this chapter shall be in violation of this chapter. (Ord. 1730 §2(part), 2013).

14.06.160 Notification and inspections.

The department shall make inspections for the purpose of enforcing the provisions of this chapter. No permittee shall be deemed to have complied with this chapter until any such inspection has been made or waived in writing, and installation approved. The well driller shall notify the department twenty-four hours (excluding weekends and holidays) in advance of working on the well, including drilling the well, placing the annular seal of any well, or destroying a well. (Ord. 1730 §2(part), 2013).

14.06.170 Standards for wells.

Standards for the location, construction, and work on wells shall be as set forth in Chapter II of the State Department of Water Resource Bulletins 74-81 and 74-90 entitled "Water Well Standards: State of California." (Ord. 1730 §2(part), 2013).

14.06.180 Well setbacks.

In addition to the horizontal distances set forth in the "Water Well Standards," wells shall be located a minimum of ten feet from property lines except that a minimum distance of fifty feet shall be required on parcels created after October 14, 1987 (the effective date of Ordinance No. 1148). (Ord. 1730 §2(part), 2013).

14.06.190 Qualifications for performing well tests.

For the purpose of this chapter, pump tests shall be conducted by persons possessing a C-57 or C-61-D21 license or other persons qualified by training or experience, in the opinion of the department, to perform such tests. (Ord. 1730 §2(part), 2013).

14.06.200 Water storage facilities.

Water storage tanks intended for domestic water supply systems shall be designed and constructed for potable water use and approved according to the Uniform Plumbing Code. Such tanks shall be installed as per manufacturer’s specifications. (Ord. 1730 §2(part), 2013).

14.06.210 Sections not applicable to existing wells.

Wells constructed prior to the adoption of this chapter shall not be subject to the provisions of this chapter unless work thereon includes deepening, reconstructing, rehabilitating or extensive remodeling. (Ord. 1730 §2(part), 2013).

14.06.220 Prohibition of well pits.

Well pits are prohibited unless prior approval relating to design and construction is granted by the department. (Ord. 1730 §2(part), 2013).

14.06.230 Disinfection of wells.

All new wells shall be provided with a pipe or other effective means by which disinfectants can be introduced into the well. Newly constructed or repaired wells, distribution systems and pumps shall be chlorinated with sufficient chlorine solution of at least fifty ppm available chlorine and held for at least twenty-four hours or an equivalent method of disinfection satisfactory to the department. (Ord. 1730 §2(part), 2013).

14.06.240 Qualifications of pump installers.

For the purpose of this chapter, pumps and their appurtenances shall be installed by the property owner or their authorized representative, by persons possessing a C-57 or C-61-D21 license, or by other persons qualified by training or experience in the opinion of the health department to make such installation. (Ord. 1730 §2(part), 2013).

14.06.250 Out of service wells.

Any out of service well, for which the owner has declared an intent to use at a later date, shall be maintained by the owner in a manner in which no defects shall impair the quality of the water or water-bearing formations. All such wells shall be capped with a tamperproof, watertight seal and shall be marked so as to be easily seen and shall otherwise meet the requirements of this chapter. (Ord. 1730 §2(part), 2013).

14.06.260 Abandoned wells.

Any well which has been abandoned, or which has fallen into a state of disrepair which may result in the impairment of the quality of the groundwater, or which constitutes a safety hazard shall be destroyed. Abandoned wells shall be destroyed as set forth in applicable portions of Chapter II of the State Department of Water Resource Bulletins 74-81 and 74-90 entitled "Water Well Standards: State of California." (Ord. 1730 §2(part), 2013).

14.06.270 Uses prohibited.

No well shall, at any time, be used for the disposal of any material which may adversely impact any aquifer or result in a potential health hazard. (Ord. 1730 §2(part), 2013).

14.06.280 Stop work order.

Whenever any well construction, destruction or repair work is being done contrary to the requirements of this chapter, the department shall order the work stopped by posting a notice to do so at the well site and/or by notifying the contractor. Work shall not be resumed until authorization is received from the department. (Ord. 1730 §2(part), 2013).

14.06.290 Regulations.

The department is authorized to propose for adoption by the board of supervisors such regulations and standards as deemed necessary for the protection of the public health with respect to the construction, repair and abandonment of wells, consistent with the provisions of this chapter. (Ord. 1730 §2(part), 2013).

14.06.300 Enforcement and penalty for violation--Injunction and abatement.

A. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Violation of any provision of this chapter constitutes a public nuisance subject to abatement and injunctive relief in accordance with the law. (Ord. 1730 §2(part), 2013).