It is the purpose of the ordinance codified in this chapter
to provide for the construction, repair, modification and destruction
of wells in such a manner that the groundwater of this county will
not be contaminated or polluted, and that water obtained from wells
will be suitable for beneficial use and will not jeopardize the health,
safety or welfare of the people of this county.
(Ord. 1255 § 3, 2020)
Words used in this chapter shall have the definitions set forth
in this section:
means the board of supervisors of Inyo County.
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.
means a water well for domestic purposes in systems subject
to Chapter 7 of Part 1 of Division 5 of the California Health and
Safety Code.
means any work conducted after artificial excavation to include:
means an impairment of the quality of water to a degree which
creates a hazard to the public health through poisoning, or through
spread of disease.
means the proper filling of a well that is no longer useful
so as to assure that the groundwater is protected and to eliminate
any potential physical hazard.
means the health officer of Inyo County, or duly authorized
representative.
means a water well used to supply water for domestic needs
of an individual residence or commercial establishment.
means the deepening of a well or any modification of a well
casing.
means an alteration of the quality of water to a degree which
unreasonably affects such waters for beneficial uses, or which affects
facilities which serve such beneficial uses. Pollution may include
contamination.
means any artificial excavation constructed by any method
for the purpose of extracting water from or injecting water into the
underground, for providing cathodic protection, for making tests or
observations of underground conditions, or any other wells whose regulation
is necessary to fulfill the purpose of this chapter. Wells shall not
include:
Oil and gas wells, or geothermal wells constructed under the
jurisdiction of the Department of Conservation, except those wells
converted to use as water wells; or
Test or exploratory holes for soil testing and monitoring or
seismic exploration where such holes are less than twenty-five feet
deep; and
Holes or excavations for soil percolation tests where such holes
are less than ten feet deep.
(Ord. 1255 § 3, 2020)
No person, firm, corporation or governmental agency formed under
the laws of this state shall, within the unincorporated area of Inyo
County, construct, repair, modify or destroy any well unless a written
permit has first been obtained from the health officer of the county,
as provided in this chapter. In case of emergency affecting life,
health, crops or livestock, a well driller may start work immediately,
but shall notify the enforcing agency within seventy-two hours of
the work being done, and at that time apply for a permit application.
Under emergency construction, all work must be done in conformance
with standards set forth in this chapter.
(Ord. 1255 § 3, 2020)
Applications for permits shall be made to the health officer
of the county of Inyo, and shall include the following:
A.
A plot
plan indicating the exact location of the well with respect to the
following items within a radius of two hundred feet of the well:
B.
Location
of the property;
C.
Name,
address, and California contractor's license number of the person
doing the work;
D.
Depth
of well;
E.
Use
of well;
F.
Other
information as may be necessary to determine if underground waters
will be protected.
(Ord. 1255 § 3, 2020)
Permits shall be issued subject to compliance with the standards
provided in this chapter, except that such standards shall be inapplicable
or modified by the health officer when, upon his or her finding, inapplicability
or modification will accomplish the purposes of this chapter. A permit
to be valid must comply with all other state and county laws.
(Ord. 1255 § 3, 2020)
A.
It
shall be rebuttably presumed that all well permitting decisions are
ministerial acts under the California Environmental Quality Act (CEQA).
That presumption shall be rebutted where discretion must be exercised
in accordance with the following authorities, as same may be amended
from time to time:
1.
California
Department of Water Resources Bulletin No. 74, Chapter II, Section
8.A;
2.
California
Department of Water Resources Bulletin No. 74, Chapter II, Section
8.B;
3.
California
Department of Water Resources Bulletin No. 74, Chapter II, Section
8.C;
4.
California
Department of Water Resources Bulletin No. 74, Chapter II, Section
9;
5.
Other
legally binding authorities, such as, but not limited to, State of
California Executive Orders.
B.
If any of the standards set forth by the authorities stated in Section 14.24.040 apply and the health officer utilizes discretion in issuing well permits in accordance with those authorities, then the issuance of the well permit shall be a discretionary act under CEQA and permit applicants shall be responsible for the cost and preparation of any reports and documentation required by CEQA in accordance with policy established by the health officer or his/her designee.
(Ord. 1295 § 1, 2023)
Applicant shall defend, indemnify, and hold harmless the County,
its agents, officers, and employees from and against all claims, damages,
losses, judgments, liabilities, expenses, and other costs, including
litigation costs and attorney's fees, arising out of, resulting from,
or in connection with, the County's acts or omissions with regard
to its compliance with CEQA or other laws, with regard to the preparation
and processing of the CEQA reports and documentation and with regard
to the decision based thereon concerning applicant's project. Prior
to issuing a well permit, the environmental health officer shall require
the applicant to sign a permitting agreement which includes a section
implementing the requirements of this subsection.
(Ord. 1295 § 2, 2023)
Prior to the issuance of a permit, the applicant shall post
with the health officer a cash deposit or bond to guarantee compliance
with the terms of this chapter and the applicable permit, such cash
or bond to be in an amount deemed necessary by the health officer
to remedy improper work, but not in excess of the total estimated
cost of work. Such deposit or bond may be waived by the health officer
where other assurances of compliance are deemed adequate by him or
her.
(Ord. 1255 § 3, 2020)
Permit application fees for the new construction of water wells,
and for the repair, modification and destruction of water wells shall
be established under separate ordinance.
(Ord. 1255 § 3, 2020)
The permittee shall complete work authorized by the permit prior
to the expiration date set in the permit. The permittee shall notify
the health officer in writing upon completion of the work, and work
shall not be deemed to have been completed until such written notification
has been received.
(Ord. 1255 § 3, 2020)
Any person aggrieved by the refusal of a permit or terms of
the permit may request in writing that the matter be heard by the
board of supervisors. If such request is made, the health officer
shall within ten days schedule the matter for review by said board
and give reasonable notice of the time and place thereof to the applicant.
At the time and place of the hearing, the board will allow the applicant
and other interested parties an adequate opportunity to present any
facts pertinent to the matter at hand. The board may place any person
involved in the matter, including the applicant, under oath. The board
may, when it deems necessary, continue any hearing by giving notice
to the applicant of such action. At the close of the hearing, or at
any time within ten days thereafter, the board will order such disposition
of the application or permit as it has determined is proper and will
make such disposition known to the applicant. Determination made by
the health officer relating directly to the public health, or to Chapter
7 of Part 1 of Division 5 of the California Health and Safety Code,
may not be overruled or modified by the board.
(Ord. 1255 § 3, 2020)
Standards for the construction, repair, modification or destruction
of wells shall be the most recent version of Bulletin 74-81 Water
Well Standards and as modified by Bulletin 74-90, California Well
Standards, June 1991 and/or any future modifications made by the California
Department of Water Resources with the following exceptions:
A.
The
health officer may adopt rules and regulations more stringent than
state requirements to be applicable in all of the unincorporated area
of the county.
B.
Every
new, repaired or modified community water-supply well or domestic
water well, after construction, modification or repair, and before
being placed into service, shall be thoroughly cleaned of all foreign
substance and shall be thoroughly disinfected. Procedures delineated
in Appendix "E" of aforementioned Department of Water Resources Bulletin
No. 74, or equivalent, are required.
(Ord. 1255 § 3, 2020)
The health officer may, at any and all reasonable times, enter
any and all places, property, enclosures and structures for the purpose
of making examinations and investigations to determine whether any
provision of this chapter is being violated. The health officer may
require that each completion, modification, repair or destruction
operation be inspected prior to any further work.
(Ord. 1255 § 3, 2020)
Any person who has drilled, dug, excavated or bored a well shall,
upon completion of the well, submit to the health officer within thirty
days an accurate and complete log to include:
A.
A detailed
record of the boundaries, character, size, distribution and color
of all lithologic units penetrated;
B.
Type
of well casing;
C.
Location
of perforations and sealing zones; and
D.
Any
other data deemed necessary by the health officer.
|
In areas where insufficient subsurface information is available,
the health officer may require inspection of the well log prior to
any completion operation. Submittal of a copy of the "Water Well Drillers
Report," completed in accordance with Section 13751 of the California
Water Code, and including all the above items, will satisfy this requirement.
|
(Ord. 1255 § 3, 2020)
A.
The owner of an abandoned well must, within thirty days, destroy it in accordance with the standards contained in Section 14.28.100 of this chapter.
B.
The
owner of a well, the use of which has been or is soon to be discontinued,
must apply to the county, in writing, declaring his or her intention
to use the well again for its original or other approved purpose.
The county shall review such a declaration and grant an exemption
from the requirement that it be destroyed, provided no undue hazard
to health or safety is created by the continued existence of the well.
Such an exemption must be applied for every five years and may be
terminated for cause by the county at any time.
(Ord. 1255 § 3, 2020)
In the event a well subject to the provisions of this chapter
is being constructed, repaired, modified, destroyed or abandoned contrary
to the terms of this chapter, the health officer may order the work
stopped by posting a stop order at the well site. No further work
shall be done after the posting of the stop order until such time
as the stop order is removed by the health officer.
(Ord. 1255 § 3, 2020)
In the event a well subject to this chapter is constructed,
repaired, modified, destroyed, abandoned or operated contrary to the
terms of this chapter or a permit issued for such well pursuant to
this chapter, the health officer may mail written notice, postage
prepaid, to the owner of the land as shown upon the most recent equalized
assessment roll, or the permittee at his or her address listed upon
the permit, which notice shall state the manner in which the well
is in violation, what corrective measures must be taken, the time
within which such corrections must be made, and that if the land owner
or permittee fails to make corrections within the period provided,
the corrections may be made by the county and the land owner or permittee
shall be liable for the costs thereof.
(Ord. 1255 § 3, 2020)
If the corrections listed in the notice given pursuant to Section 14.28.150 above are not made as required in said notice, the health officer may cause the condition to be abated and the cost thereof shall be a charge against the person notified.
(Ord. 1255 § 3, 2020)
Any person who does any work for which a permit is required
by this chapter, and who fails to apply for and pay the fee for a
permit within five working days after notice from the health officer
to do so, or who otherwise violates any other provision of this chapter
shall be guilty of a misdemeanor, punishable by fine not exceeding
five hundred dollars, or by imprisonment not exceeding six months,
or by both such fine and imprisonment, and such person shall be deemed
guilty of a separate offense for each and every day or portion thereof
during which any such violation is committed, continued or permitted,
and shall be subject to the same punishment as for the original offense.
(Ord. 1255 § 3, 2020)
No person, firm, corporation or governmental agency formed under
the laws of this state, shall provide water for purposes other than
the use originally set forth on the well permit application, unless
a written permit has first been obtained from the health officer of
the county, as provided in this chapter. The health officer may require
repair, modification, and additional well information to determine
whether to approve or deny the permit application to change the use
of the well.
(Ord. 1255 § 3, 2020)
