Chapter 13.34
WATER WELLS, CATHODIC PROTECTION WELLS AND MONITORING WELLS
Sections:
13.34.010 Adoption by reference.
13.34.040 Enforcement by county.
13.34.060 Repealed.
13.34.010 Adoption by reference.
Solano County Ordinance No. 1348 regulating the construction, destruction and inactivation of water, cathodic protection, and monitoring wells is adopted by reference as though fully set forth in this chapter, including standards contained in the California Department of Water Resources’ Bulletin 74-81 ("Water Well Standards"), Bulletin 74-1 ("Cathodic Protection Well Standards"), and Bulletin 74-88 ("Monitoring Well Standards") adopted by reference in Solano County Ordinance No. 1348. (Ord. 90-4 N.S. § 1, 1990).
13.34.020 Copies on file.
One copy of Solano County Ordinance No. 1348 together with (A) the California Department of Water Resources’ Bulletins adopted by reference therein; and (B) Solano County Resolution No. 89-179 relating to fees and all future amendments and modifications thereto shall be kept on file in the office of the city clerk for inspection by the public. (Ord. 90-4 N.S. § 1, 1990).
13.34.030 Amendments.
Notwithstanding BMC 13.34.010 to the contrary, Solano County Ordinance No. 1348 is amended to read as follows:
A. The definition of "county" found in Solano County Ordinance No. 1348, Section 13.10-101 is amended to read as follows:
County. Application to incorporated Area of the city of Benicia. County shall mean the County of Solano, acting by and through its Board of Supervisors. As used in this chapter, the word "County" shall include the incorporated area within the City of Benicia.
B. The definition of "person" found in Solano County Ordinance No. 1348, Section 13.10-101 is amended to read as follows:
Person. As used in this chapter, the word "person" shall mean any individual, firm, partnership, general corporation, association or governmental entity. "Governmental entity" as used herein, shall not include any city or local agency exempt from the application of County Ordinance No. 1348 pursuant to state law, and shall include the United States to the extent authorized by federal law.
C. Section 13.10-104(a) is amended to read as follows:
Section 13.10-104(a) Well Sites. No well shall be located any closer to the items or areas hereinbelow indicated than the distance specified, except on written approval of the program manager. Monitoring and cathodic protection wells may be located within easements and may be exempted from property line setbacks. Water wells may be located in public utility easements, and provided that written permission is obtained from the utility. Water wells may not be located within public or private road easements. Other than property lines, hazards are to be located downslope from the well if possible, with a minimum of the following distances. Where special hazards are involved, these distances shall be increased.
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Property line (unsewered area) |
25 feet* |
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Septic Tanks |
100 feet |
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Leachfields |
100 feet |
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Sewer Lines |
50 feet |
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Stream, ditch or drainage canal |
100 feet |
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Subsurface leaching system |
100 feet |
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Animal or fowl enclosure |
100 feet |
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Underground storage tanks containing hazardous substances |
100 feet |
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A variance to reduce the property line setback distance to not less than 10 feet may be granted by the program manager to prevent unnecessary hardship or injustice in instances such as where parcel size and water availability would otherwise prevent development. |
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(Ord. 90-4 N.S. § 1, 1990).
13.34.040 Enforcement by county.
The city authorizes the county department of environmental management, division of environmental health, or any successor agency within the county to administer the issuance of permits, undertake inspections and otherwise administer and enforce Solano County Ordinance No. 1348 as adopted and amended herein within the corporate limits of the city. (Ord. 90-4 N.S. § 1, 1990).
13.34.050 Acts prohibited.
A. It is unlawful for any person to construct, reconstruct, destroy, or inactivate any well unless such person has (1) obtained a permit issued by the county for the specific work to be performed; or (2) in the case of an emergency, fully complied with the provisions of this chapter relating to emergencies.
B. It is unlawful for any person to construct, reconstruct, destroy, or inactivate any well unless such construction, reconstruction, destruction, or inactivation is in accordance with the standards set forth in Solano County Ordinance No. 1348. (Ord. 90-4 N.S. § 1, 1990).
13.34.060 Penalties.
Repealed by Ord. 03-9. (Ord. 90-4 N.S. § 1, 1990).
13.34.070 Fees.
The fees and charges established by the county board of supervisors in Solano County Resolution No. 89-179 relating to Solano County Ordinance No. 1348, and which may be modified hereafter by said board from time to time, are likewise adopted by reference and incorporated herein as though set forth in full. Said fees and charges shall apply to any person, firm or corporation subject to the provisions of this chapter. (Ord. 90-4 N.S. § 1, 1990).