For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
“Abandoned wells” and “abandonment”
means a well whose original or functional purpose and use
has been discontinued for a period of one year and which has not been
declared for reuse by the legal owner with the Department, or a well
in such a state of disrepair that it cannot be functional for its
original purpose or any other function regulated under this chapter.
Exploration holes shall be considered abandoned 24 hours after construction
and testing work has been completed.
“Agriculture well”
means any well used to supply water for irrigation or other
agricultural purposes, included so-called “stock wells.”
“Cathodic protection well”
means any artificial excavation in excess of 50 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.
“Contamination”
means an impairment of the quality of the waters of the state
by waste to a degree which created a hazard to the public health through
poisoning or through the spread of disease.
“Cross-connection”
means any unprotected connection between any part of a water
system used or intended to supply water for domestic purposes and
any source or system containing water or other substances that are
not or cannot be approved as safe, pure, wholesome, and potable for
human consumption.
“Department”
means the Riverside County Department of Health, Division
of Environmental Health Services.
“Director”
means the Director of Health or his or her duly authorized
representative.
“Distribution system”
means the facilities, conduits, or any other means used for
the delivery of water from the source facilities to the customer’s
system.
“Exploration hole”
means an uncased excavation for the purpose of immediately
determining the existing geological and/or hydrological conditions
at the site either by direct observation or other means.
“Industrial well”
means any well used primarily to supply water for industrial
processes and may supply water intentionally or incidentally for domestic
purposes.
“Lateral (horizontal) well”
means a well drilled or constructed horizontally or at an
angle with the horizon as contrasted with the common vertical well
and does not include horizontal drains or wells constructed to remove
subsurface water from hillside, cuts, or fills.
“Mineral hot well”
means any well which provides water at elevated temperatures
and with elevated concentrations of mineral constituents or higher
dissolved solids.
“Monitoring well”
means an artificial excavation by any method for the purpose
of observing, monitoring, or supplying the conditions of a water bearing
aquifer, such as fluctuations in groundwater levels, quality of groundwaters,
or the concentration of contaminants in underground waters.
“Person”
means any individual, firm, corporation, association, profit
or nonprofit organization, trust, partnership, special district, or
governmental agency to the extent authorized by law.
“Pollution”
means an alteration of water by waste to a degree which unreasonably
affects such water for beneficial uses, or facilities which serve
such beneficial uses. Pollution may include contamination.
“Public water system”
means a system regardless of type of ownership for the provisions
of piped water to the public for domestic use, if such system has
at least five service connections or regularly serves an average of
at least 25 individuals daily at least 60 days of the year. A public
water system includes:
1.
Any collection, treatment, storage, and distribution facilities
which are used primarily in connection with such system and which
are under control of the water supplier.
2.
Any collection or pretreatment storage facilities which are
used primarily in connection with such system but are not under control
of the water supplier.
“Reconstruction”
means certain work done to an existing well in order to restore
its production, replace defective casing, seal off certain strata
or surface water, or similar work, not to include the cleaning out
of sediments, surging, or maintenance to the pump or appurtenances
where the integrity of the annular seal or water bearing strata are
not violated.
“Source facilities”
means wells, stream diversion works, infiltration galleries,
springs, reservoirs, tanks, and all other facilities used in the production
treatment, disinfection, storage, or delivery of water to the distribution
system.
“Water well”
means any artificial excavation constructed by any method
for the purpose of extracting water from, or injecting water into
the ground. This definition shall not include:
1.
Oil and gas wells, or geothermal wells construction under the
jurisdiction of the California State Department of Conservation, except
those wells converted to use as water wells; or
2.
Wells used for the purpose of:
a.
De-watering excavation during construction,
b.
Stabilizing hillsides or earth embankments.
(Prior code § 158.02)
Permits shall be issued after compliance with the standards
provided and incorporated by reference in this chapter. Plans shall
be submitted to the Department demonstrating compliance with such
standards. Permits may include conditions and requirements found by
the Department to be reasonably necessary to accomplish the purpose
of this chapter. Completion bonds, contractor’s bonds, cash
deposits, or other adequate security may be required to insure that
all projects are performed completely and properly to protect the
public’s health and safety and the integrity of underground
water resources.
(Prior code § 158.04)
Where the Department determines that the standards of this chapter
have not been met, it shall deny the application.
(Prior code § 158.05)
No persons shall engage in any activity listed in Section
8.32.030 of this chapter unless he or she is in compliance with the provisions herein and possesses a valid C-57 license in accordance with the California Contractor’s State License Law (California
Business and Professions Code Chapter 9, Division 3), or possesses a license appropriate to the activity to be engaged in. Such person shall register annually with the Department and pay the registration fee specified in Riverside County Ordinance No. 640 et seq. prior to commencing any activity regulated by this chapter.
(Prior code § 158.09)
Standards for the construction, reconstruction, abandonment,
or destruction of wells shall be the standards recommended in the
Bulletins of the California Department of Water Resources as follows:
Bulletin No. 74-81 Chapter II Water Wells, and Bulletin No. 74-90
(Supplement to Bulletin 74-81) as these bulletins may be amended by
the state from time to time. The content of such bulletins is incorporated
by reference with the following additions or modifications:
Bulletin No. 74-90 Monitoring Well. Exploration holes for determining
immediate geological or hydrological information relating to on-site
sewage disposal systems, liquefaction studies, hazardous materials
investigations, or geotechnical investigations for construction purposes,
such as foundation studies, are exempt from the monitoring well destruction
standards of Part III Bulletin 74-90, provided that a zone of low
permeability overlying sediments with water bearing capabilities has
not been penetrated. For the above-listed cases, the excavation or
boring shall be back filled with native soils immediately after the
investigatory work has been completed. Where a zone of low permeability
has been penetrated, the hole shall be abandoned as specified in Bulletin
74-90, Part III. When the excavation or boring is to be left open
and unattended (such as at the end of a work shift), the person in
charge of the construction shall take all necessary precautions to
insure that the excavation has not created a public health or safety
hazard.
(Prior code § 158.10)
The location and design of lateral wells shall be in accordance
with the standards recommended in the State of California, Department
of Health Services’ Publication; Requirements for Use of Lateral
Wells in Domestic Water Systems, as such publication may be amended
by the state from time to time. The content of such publication is
incorporated herein by reference.
(Prior code § 158.11)
A site inspection by the Department is required prior to issuance
of a permit for a well that is to be part of a public water system
or other wells that possess a high potential for contamination as
determined by the Director. In the event that the well is to serve
a system under the direct jurisdiction of the State Department of
Health Services, then, that agency may perform the site inspection
and notify the Director of its approval or disapproval.
(Prior code § 158.12)
Drilling fluids and other drilling materials used in connection
with cathodic protection, monitoring or water well construction, shall
not be allowed to discharge onto streets or into waterways, and shall
not be allowed to discharge to the adjacent property unless a written
agreement with the owner(s) of the adjacent property is obtained;
provided, however, that such fluids and materials are cleaned up and
removed within 30 days after completion of the well drilling and there
is no violation of waste discharge regulations. This section shall
not operate to prohibit the surface discharge of contaminated groundwater
provided such discharge is carried out in compliance with a lawful
order of a regional water quality board.
(Prior code § 158.14)
Every new, repaired, or reconstructed community water supply
well or individual domestic well, after completion of construction,
repair or reconstruction, and before being placed in service, shall
be thoroughly cleaned of all foreign substances. The well gravel used
in packed wells, pipes, pump, pump column, and all well water contact
equipment surfaces, shall be disinfected by a Department approved
method. The disinfectant shall remain in the well and upon all relevant
surfaces for at least 24 hours. Disinfection procedures shall be repeated
until microbiologically safe water is produced, as set forth in California
Code of Regulations Title 22, Domestic Water Quality Monitoring.
(Prior code § 158.18)
Where an abandoned well has been identified and the owner fails to comply with the Department’s order to destroy the well, such well may be declared a public nuisance pursuant to California
Government Code Section 50231, and thereafter abated pursuant to California
Government Code Title
5, Division 1, Article 9. Where abatement is undertaken at the expense of the City, such cost including reasonable attorney’s fees shall constitute a special assessment against the parcel and shall be added to the next regular tax bill as enumerated under California
Government Code Sections 50244 et seq.
(Prior code § 158.22)
Where a well is unused or its disuse is anticipated, the owner may apply to the Department, in writing, stating an intention to use the well again for its original or other approved purpose. The Department shall review such a declaration and may grant an exemption from certain of the provisions of Section
8.32.210 of this chapter, provided no undue hazard to public health or safety is created by the continued existence of the well. Thereafter, an amended declaration shall be filed annually with the Department. The original or subsequent exemption may be terminated for cause by the Department at any time.
(Prior code § 158.23)
Subject to approval by the State Department of Health Services,
the Fire Chief may grant an administrative variance of the provisions
of this chapter where documentary evidence establishes that a modification
of the standards as provided herein, will not endanger the general
public health and safety, and strict compliance would be unreasonable
in view of all the circumstances.
(Prior code § 158.24)
The Director, or his or her designee, may at any and all reasonable
times enter any and all places, property, enclosures, and structures
for the purpose of conducting examinations and investigations to determine
whether all provisions of this chapter are being complied with.
(Prior code § 158.25)