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.
F. 
"Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonable affects:
1. 
Such water for beneficial use; or
2. 
Facilities which service such beneficial uses.
Pollution may include contamination.
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:
1. 
Wells used for the purpose of:
a. 
Dewatering excavation during construction, or
b. 
Stabilizing hillsides or earth embankments, or
c. 
Dewatering agricultural areas when the discharge is to irrigation facilities only.
(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)
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)