B.
Pursuant
to the authority cited in California Water Code Section 13801(c),
the Riverside County Health Department shall enforce the provisions
of this chapter within its jurisdiction.
(Prior code § 158.01)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
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.
means any well used to supply water for irrigation or other
agricultural purposes, included so-called “stock wells.”
means the approved material placed in the space between the
well casing and the wall of the drilled hole (the annular space).
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.
means any well which provides water for public water supply
systems.
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.
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.
means the Riverside County Department of Health, Division
of Environmental Health Services.
means the Director of Health or his or her duly authorized
representative.
means the facilities, conduits, or any other means used for
the delivery of water from the source facilities to the customer’s
system.
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.
means any well used to supply water for domestic needs other
than a public water supply system.
means any well used primarily to supply water for industrial
processes and may supply water intentionally or incidentally for domestic
purposes.
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.
means any well which provides water at elevated temperatures
and with elevated concentrations of mineral constituents or higher
dissolved solids.
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.
means any individual, firm, corporation, association, profit
or nonprofit organization, trust, partnership, special district, or
governmental agency to the extent authorized by law.
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.
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:
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.
Any collection or pretreatment storage facilities which are
used primarily in connection with such system but are not under control
of the water supplier.
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.
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.
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:
(Prior code § 158.02)
A.
No person
or entity, as principal agent, or employee, shall dig, drill, bore,
drive, reconstruct or destroy a well that is to be, or has been, used
to produce or inject water; a cathodic protection well; or a monitoring
well, without first filing a written application to do so with the
department, and receiving and retaining a valid permit as provided
in this chapter.
B.
No person
or entity shall engage in any activity subject to the jurisdiction
of this chapter without first paying all applicable fees to the Department
of Health for each activity in the amounts set forth in Riverside
County Ordinance No. 640 et seq.
C.
Any person who shall commence any work for which a permit is required by the Department without having obtained a permit therefor, shall, if subsequently granted a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work when it shall be established in writing to the satisfaction of the Fire Chief that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all cases in which emergency work is necessary, a permit shall be applied for within three working days after commencement of the work. The applicant for a permit for any such emergency work shall, in any case, demonstrate that all work performed is in compliance with the technical standards of Section 8.32.100 of this chapter.
D.
An application
for a permit to construct a water-well, monitoring well, or cathodic
protection well, shall be submitted to the Department on a form and
in a manner prescribed by the Department, and shall include the following
information:
1.
A
plot plan showing the proposed well location with respect to the following
items within a radius of 500 feet from the well:
a.
Property lines, including ownership;
b.
Sewage or waste disposal systems (including reserved waste disposal
expansion areas), or works for carrying or containing sewage or waste;
c.
All intermittent or perennial, natural, or artificial bodies of water
or watercourses;
d.
The approximate drainage pattern of the property;
e.
Other wells, including abandoned wells;
f.
Access road(s) to the well site;
g.
Structures.
2.
Location
of the property with a vicinity map including the legal description
of the property (assessor’s parcel map/tract map number).
3.
The
name and state license number of the general contractor (when applicable),
and the C-57 license number of the person responsible for constructing
the well.
4.
The
proposed well depth, including casing size and zones of perforations
and strata to be sealed off, if such data can be reasonably projected.
5.
The
proposed use of the well.
6.
Location
of underground storage tank(s) within 500 feet of the proposed well.
7.
Location
and classification by visual inspection of any solid, liquid, or hazardous
waste disposal sites to include municipal and individual package sewage
treatment plants within 2,000 feet of the proposed well.
8.
Where
proposed work is reconstruction or destruction of a water well, monitoring
well, or cathodic protection well, provide the following information,
if available:
9.
Other
information as may be deemed necessary for the Department to determine
if the underground waters will be adequately protected.
10.
As a condition of a construction or reconstruction permit, any abandoned
wells on the property shall be destroyed in accordance with standards
provided in this chapter.
(Prior code § 158.03)
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)
A.
Each
permit issued pursuant to this chapter shall expire and become null
and void if the work authorized thereby has not been completed within
six months following the issuance of the permit.
B.
Any
permit issued pursuant to this chapter may be extended at the option
of the Department. Each individual extension granted by the Department
shall be for not longer than 120 days. In no event shall the Department
grant an extension which would make the total term of the permit exceed
one year. Application for extension shall be made on a form provided
by the Department. The application shall be accompanied by a fee in
the amount set forth in the Riverside County Ordinance No. 640 et
seq.
C.
Upon
expiration of any permit issued pursuant hereto, no further work may
be done in connection with construction, repair, reconstruction, or
abandonment of a well unless and until a new permit for such purpose
is secured in accordance with the provisions of this chapter.
(Prior code § 158.06)
A.
A permit
issued hereunder may be revoked or suspended by the Director 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 adjustments within 15 days after receiving such notice.
B.
A permit
may be so revoked or suspended by the Director if he or she determines
at a hearing held for such purpose that the person to whom any permit
was issued pursuant to this chapter has obtained the same by fraud
or misrepresentation.
(Prior code § 158.07)
A.
Any
person whose application for a permit has been denied or whose permit
has been suspended or revoked may request a hearing. The person shall
file with the Department a written petition requesting the hearing
and setting forth a brief statement of the grounds for the request.
The Hearing Officer shall be the Fire Chief or his or her designee.
At the time and place set for the hearing, the Hearing Officer shall
give the petitioner and other interested persons, adequate opportunity
to present any facts pertinent to the matter at hand. The Hearing
Officer may, when he or she deems it necessary, continue any hearing
by setting a new time and place and by giving notice to the petitioner
of such action.
B.
At the
close of the hearing, or within 30 working days thereafter, the Hearing
Officer shall order such disposition of the application or permit
as he or she has determined to be proper, and shall, by postage prepaid
registered mail, notify the petitioner of his or her final determination.
(Prior code § 158.08)
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)
A.
A well
inspection shall be requested of the Department at least two working
days in advance of the following activities:
1.
For
individual domestic wells, agricultural wells, cathodic protection
wells, and monitoring wells:
2.
For Community Wells. All community water wells shall be inspected at the frequencies stated in section (A)(1) of this section for individual domestic water wells. In addition, a site inspection prior to issuance of a permit is required in accordance with Section 8.32.120 of this chapter.
3.
For
All Wells. Any other operation or condition for which a special inspection
is stipulated on the well permit.
B.
Upon
failure to notify the Department of the filling of the annular space,
approved geophysical tests including sonic log and gamma ray log shall
be conducted at the owner’s expense, to substantiate that an
annular seal has been properly installed.
C.
If the
enforcement agency fails to appear at the well site at the time designated
for sealing, the well may be sealed without the presence of the enforcement
agency. However, the driller shall seal the well in accordance with
the standards of this chapter and the permit in the absence of any
inspection.
(Prior code § 158.13)
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)
A.
It is
unlawful for any person or entity to drill, dig, excavate, or bore
any water well at any location where sources of pollution or contamination
are known to exist, have existed, or otherwise substantial risk exists
that water from that location may become contaminated or polluted
even though the well may be properly constructed and maintained. Exceptions
to the above include the following:
1.
Extraction
wells used for the purpose of extracting and treating water from a
contaminated aquifer.
2.
Wells
from which water is to be treated to meet all State Department of
Health standards and requirements.
3.
Wells
from which water will be blended with other water sources resulting
in water that meets all State Department of Health standards and requirements.
B.
Every
well shall be located an adequate distance from all potential sources
of contamination and pollution as follows:
1.
Sewer:
50-foot minimum.
2.
Watertight
septic tank: 100-foot minimum.
3.
Subsurface
sewage leach line or leach field: 100-foot minimum.
4.
Cesspool
or seepage pit: 50-foot minimum.
5.
Animal
or fowl enclosures: 100-foot minimum.
6.
Any
surface sewage disposal system discharging 2,000 gallons/day or more:
200-foot minimum.
C.
Minimum
distances from other sources of pollution or contamination shall be
as determined by the Department upon investigation and analysis of
the probable risks involved. Where particularly adverse or special
hazards are involved as determined by the Health Department, the foregoing
distances may be increased or specially approved means of protection,
particularly in the construction of the well, may be required as determined
by the Department.
(Prior code § 158.15)
A.
Any
person who has drilled, dug, excavated, or bored a well subject to
this chapter, shall within 30 days after completion of the drilling,
digging, excavation, or boring of such well, furnish the Department
with a complete log of such well on a standard form provided by the
State Department of Water Resources. This log shall include depths
of formations, character, size distribution, that is, clay, sand,
gravel, rocks and boulders, and color for all lithological units penetrated,
the type of casing, pump test results when applicable, and any other
data required by the Department. The Department may require inspection
of the well log during any phase of the well’s construction
and where necessary to achieve the purposes of this chapter may require
modification of the work as originally planned.
B.
Well
logs furnished pursuant to this chapter shall not be made available
for inspection by the public, but shall be made available to governmental
agencies for use in making studies; provided, that any report be made
available to any person who obtains written authorization from the
owner of the well.
(Prior code § 158.16)
A.
Check
Valve. A check valve shall be provided on the pump discharge line
adjacent to the pump for all water wells.
B.
Sample
Spigot. An unthreaded sample spigot shall be provided on the pump
discharge line of any water well used as a public water supply adjacent
to the pump and on the distribution side of the check valve.
C.
Water
Well Disinfection Pipe. All community water supply wells and individual
domestic wells shall be provided with a pipe or other effective means
through which chlorine or other approved disinfecting agents may be
introduced directly into the well. The pipe shall be extended at least
four inches above the finished grade and shall have a threaded or
equivalently secured cap on it.
D.
Water
Well Flow Meter. A flow meter or other suitable measuring device shall
be located at each source facility and shall accurately register the
quantity of water delivered to the distribution system from all community
water supply wells serving the public water supply system.
E.
Air-Relief
Vent. An air-relief vent, when required, shall terminate downward,
be screened, and otherwise be protected from the entrance of contaminants.
F.
Backflow
Prevention Assembly. Agricultural wells equipped with chemical feeder
devices for fertilizers, pesticides, or other nonpotable water-treatment,
shall be furnished with an approved backflow prevention assembly or
a sufficient air gap to insure that a cross-connection with the well
does not exist.
(Prior code § 158.17)
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)
A.
Water
from all new, repaired, and reconstructed community water supply wells,
shall be tested for and meet the standards for microbiological, general
mineral, general physical, chemical, and radiological quality in accordance
with the California Code of Regulations Title 22, Domestic Water Quality
and Monitoring.
B.
In addition to the microbiological standards required in Section 8.32.180 of this chapter, all individual domestic water wells shall be tested for and meet the nitrate, fluoride, and total dissolved solids (TDS) standards in accordance with the California Code of Regulations Title 22, Domestic Water Quality and Monitoring.
C.
At the
discretion of the Director, for the purpose of protecting the health
and safety of the public, any new, repaired, or reconstructed individual
domestic water well, or community well, shall be tested for and must
meet, any or all additionally specified water quality standards in
accordance with the California Code of Regulations Title 22, Domestic
Water Quality and Monitoring. Exceptions would be community well water
to be either treated or blended with other water sources to meet State
Department of Health Services standards and requirements. Such treatment
or blending must be approved by the State Department of Health Services.
(Prior code § 158.19)
A.
All individual domestic water wells for which the owner requests a Department evaluation of water quality, shall be tested for water quality standards for individual domestic water wells as provided for in Section 8.32.180 of this chapter. The Department shall perform a well-site inspection and conduct the microbiological sampling portion of the evaluation. Any additional testing, including any pump test to determine the yield quantity of the well, shall be performed by state certified individuals at the expense of others.
B.
The
Department shall collect an evaluation service fee in accordance with
Riverside County Ordinance No. 640 et seq.
(Prior code § 158.20)
A.
If after 30 days of abandonment, the owner has not declared to the Department a proposed reuse of the well per Section 8.32.230 of this chapter, and the well has been found by the Department to be a hazard, whereby its continued existence is likely to cause damage to ground water or a threat to public health and safety, the Department shall direct the owner to destroy the well in accordance with Section 8.32.100 of this chapter.
B.
Upon
removal of the pump, the casing shall be provided with a threaded
or equivalently secured watertight cap. The well shall be maintained
so that it will not be a hazard to public health and safety until
such time as it is properly destroyed.
C.
Anything
set forth in this chapter to the contrary notwithstanding, mineral
hot wells shall not be subject to abandonment within the meaning and
purview of this chapter.
(Prior code § 158.21)
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)
A.
It is
unlawful for any person, firm, corporation, or association of persons,
to violate any provision of this chapter or to violate the provisions
of any permit granted pursuant to this chapter. Any person, firm,
corporation, or association of persons, violating any provision of
this chapter or the provisions of any permit granted pursuant to this
chapter, shall be deemed guilty of an infraction or misdemeanor as
herein specified. Such person, firm, corporation, or association of
persons shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of any of
the provisions of this chapter or the provisions of any permit granted
pursuant to this chapter, is committed, continued and permitted.
B.
Any person, firm, corporation, or association of the persons convicted as provided in subsection A of this section shall be guilty of an infraction offense and punished by a fine not exceeding $100 for a first violation, guilty of an infraction offense and punished by a fine not exceeding $200 for a second violation at the same site. A third and any additional violations on the same site shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person, firm, corporation, or association of persons from the responsibility for correcting the violation.
C.
Anything
done, maintained, or suffered in violation of any of the provisions
of this chapter, is a public nuisance dangerous to the health and
safety of the public and may be enjoined or summarily abated in the
manner provided by law. Every public officer or body lawfully empowered
to do so, shall abate the nuisance immediately.
(Prior code § 158.99)
