The board of supervisors declares that the purpose of this chapter
is to protect the ground waters of the state for the enjoyment, health,
safety and welfare of the people of the county by regulating the location,
construction, maintenance, abandonment and destruction of all wells
which may affect the quality and potability of underground waters.
(Prior code §3-300)
For the purpose of this chapter, certain words and phrases shall
be defined as follows:
A.
"Cathodic
protection well" means any artificial excavation in excess of fifty
feet 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.
B.
"Contamination"
means an impairment of the quality of the waters of the state by waste
to a degree which creates a hazard to the public health through poisoning
or through the spread of disease.
Contamination includes any equivalent effect resulting from
the disposal of waste, whether or not waters of the state are affected.
C.
"Destruction
of well" 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 waters.
D.
"Health
officer" means the health officer of the county or his authorized
representative.
E.
"Person"
means any natural person, individual, firm, partnership, company,
corporation, association, joint venture, joint stock company, organization,
club, company, business trust, lessee, agent, servant, officer, employee,
unincorporated association or representative of same.
G.
"Seal,
annular" means a watertight seal placed between the well casing and
the side wall of a drilled hole.
H.
"Seal,
sanitary" is a grout, mastic or mechanical device to make a watertight
joint between the pump and casing or the concrete base.
I.
"Seal,
surface" is a monolithically poured concrete platform constructed
around the top of the well casing on thoroughly compacted earth.
J.
"Waters
of the state" means any water, surface or underground, including saline
waters, within the boundaries of the state.
K.
"Well
pit" is an excavation in which the top of the well casing is below
the ground surface.
L.
"Well"
or "water well," as used in this chapter, means any artificial excavation
constructed by any method for the purpose of extracting water from,
or injecting water into, the underground. This definition shall not
include:
(Prior code §3-301)
The owner of property upon which a well is located or proposed
to be located, or his/her authorized representative, shall obtain
a permit from the health officer to construct, repair or destroy any
well or well seal. No person shall construct, install, repair or destroy
any well or well seal without first having been furnished a copy of
a valid permit for such work. A permit shall be required when any
well seal is broken. The application for a permit shall be in the
form prescribed by the health officer and contain such information
as the health officer may require. It shall be a condition of every
permit for the repair of a well or well seal that there shall be compliance
with the provisions of this chapter. For the purpose of this section,
the term "well" includes cathodic protection wells.
(Prior code §3-302)
In the event of an emergency, repair or replacement of a well
or pumping equipment may be begun without obtaining a permit. All
emergency work shall comply with the provisions of this chapter.
(Prior code §3-303)
As soon as possible, the owner or his/her authorized representative
shall apply to the health officer for a well construction permit and
shall, in addition, submit a statement explaining in detail the nature
of the emergency. If the health officer finds that the work done does
not comply with the provisions of this chapter, he or she shall order
that such additional work be performed as may be necessary to comply
with this chapter, or shall order that the well will be destroyed
as provided in this chapter.
(Prior code §3-303)
All wells shall be so constructed as to prevent the entrance
of surface water from any source into the well or into any aquifer.
The construction of a well pit is prohibited; provided, however, a
variance permit may be granted by the health officer. All pumping
equipment shall be installed with protective devices to effectively
prevent the entrance of foreign matter into the well casing.
(Prior code §3-304)
All wells shall have a sanitary seal. All wells shall also have
an annular seal, except agricultural wells not used for domestic purposes
and located more than three hundred feet from a domestic well.
(Prior code §3-305)
After the construction, installation, or repair of any well,
or pumping equipment, and prior to its use, the well and all appurtenances
thereto shall be disinfected.
(Prior code §3-306)
An injection or recharge well shall be subject to all the provisions of this chapter, except those contained in Sections 9.36.060, 9.36.070 and 9.36.080, unless compliance with these sections is required by the health officer.
(Prior code §3-307)
A well site and surrounding property may be inspected by the
health officer at any time prior to the destruction or construction
of any well. Upon completion of the work authorized by a permit, and
before the well is used, or upon the destruction of a well, the health
officer shall make an inspection.
(Prior code §3-308)
The health officer may authorize an exception to any provision
of this chapter when, in his/her opinion, the application of such
provision is unnecessary. Upon application therefor, the health officer
may issue a variance permit and shall prescribe thereon such conditions
as, in his or her judgment, are necessary to protect the waters of
the state from pollution.
(Prior code §3-309)
Every abandoned well shall be destroyed in accordance with the
methods prescribed in the standards. The health officer shall have
the authority to order the destruction or repair of any well that
is polluted or unsafe or is so located as likely to become polluted.
(Prior code §3-310)
The owner shall continuously maintain, in accordance with the
provisions of this chapter, any well which is out of service, so as
to be safe and to prevent pollution of any aquifer. A properly maintained
out-of-service well shall not be considered to be an abandoned well.
(Prior code §3-311)
Upon completion of a well, the owner or his/her authorized representative
shall file with the health officer a copy of the well driller's report,
as required by the State Department of Water Resources.
(Prior code §3-312)
Except as may be otherwise provided by this chapter, standards
for the construction, repair, reconstruction or abandonment of wells
shall be as set forth in Chapter II of the Department of Water Resources
Bulletin No. 74, "Water Well Standards" (February 1968), or as subsequently
revised or supplemented, which are incorporated in this chapter and
made a part of this chapter.
(Prior code §3-313)
The board of supervisors may establish, by resolution, a schedule
of fees for permits, applications and for other services and such
schedule, when adopted, shall become a part hereof. A copy of any
schedule of fees established by resolution of the board shall be kept
on file in the office of the clerk of the board of supervisors.
(Prior code §3-314)
Any person whose application for a permit or for an approval
has been revoked or denied, may, within thirty days after the date
of such denial or revocation, appeal therefrom in writing, accompanied
with the appropriate appeal fees, to the board of supervisors. Such
appeal shall be heard by the board at its next regular meeting thereafter,
unless the appeal was filed within five days of such meeting, in which
event it shall be heard at the next regular meeting subsequent thereto,
and the board shall affirm or overrule the denial or revocation of
the application. This section does not authorize appeals to the board
from any action of the health officer authorized or required by state
law or regulation.
(Prior code §3-315)
At the hearing of an appeal to the board of supervisors, any
interested party may present oral or written evidence. Following the
hearing, the board shall render a decision upon the appeal and may
sustain, modify, or reverse any action of the health officer. The
decision of the board shall be final.
(Prior code §3-316)
The health officer shall enforce this chapter and may perform
all acts necessary or proper to accomplish the purposes of this chapter.
(Prior code §3-317)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Section 1.36.010. Every violation of any provision of this chapter shall be construed as a separate offense for each day during which such violation continues and shall be punishable as provided in this section.
(Prior code §3-318; Ord. CS 705 §17, 1999)
