(a) 
No person shall undertake to dig, bore or drill any well, as defined in Article 1, Section 4-13-1005(tt), or to deepen, perforate, or reperforate such a well, or to abandon or destroy such a well, unless the person responsible for that construction, alteration, destruction, or abandonment possesses a C-57 water well drilling contractor license.
(b) 
All other work on wells shall be performed by the property owner or an individual under the appropriate license as issued by the Contractors State License Board.
(Added by Ord. No. 3507, effective 8-31-17)
(a) 
Except as otherwise provided in sections 4-13-1012 and 4-13-1013 of this Article it shall be unlawful for any person to construct, deepen, reconstruct, or destroy any well or soil boring, or cause any of those acts to be done, unless a permit has first been issued to him or to the person on whose behalf the work is undertaken.
(b) 
An application for a well permit shall be made in such a manner and on such forms as deemed necessary by the Health Officer. An application for a permit does not constitute a permit.
(c) 
An application for a well permit shall be accompanied by a fee as set forth by resolution by the Tulare County Board of Supervisors. The fee will cover all of the department's cost.
(d) 
When a well permit is issued, the Health Officer may impose any condition deemed necessary to comply with the requirements of this chapter, to protect groundwater resources, or to protect public health and safety.
(e) 
All well permits shall be valid for one year from the date of issuance. The Health Officer, upon receipt of a written request documenting exceptional circumstances, may grant the permittee an extension of up to one year. Upon expiration of the permit, no further work shall be done, unless and until the permittee has received an extension or has received a new permit. Extension fees may apply. Permits are not transferable between well contractors and are nonrefundable once the permit has been issued. However, well permits can be amended with an application and applicable fees paid.
(f) 
A well permit, when issued, shall be valid for only one proposed well site. If an alternate well site is required due to lack of water or a well location change, the well contractor, or the authorized agent thereof, shall submit an amendment application for the new site, subject to applicable fees. A site inspection may be completed before the permit is issued.
(g) 
Additional permits, as required by the County Resource Management Agency (RMA), shall be obtained for work associated with wells, but not specifically addressed in this chapter. Examples include, but are not limited to, the installation of electrical wiring, connections, and plumbing to the well.
(h) 
It shall be the responsibility of the well contractor to retain a copy of the applicable permit(s) at the work site during all stages of work on the subject well.
(Added by Ord. No. 3507, effective 8-31-17)
Any permit shall be denied under the following circumstances:
(a) 
Construction of the well will constitute a potential hazard to public health and safety.
(b) 
The well contractor, or agent thereof, has unpaid fees or overdue well completion reports for more than ninety (90) days.
(c) 
The well contractor has any unresolved violation of this chapter.
(d) 
No permit shall be issued for the construction of a well located where a connection to a public water system that is willing and able to serve is available.
(Added by Ord. No. 3507, effective 8-31-17)
Any permit shall be denied under the following circumstances:
(a) 
The proposed water well would draw from, or pass through, an aquifer in which groundwater contamination is known or believed to exist, except:
(1) 
If no other well location or source of potable water is available and if the Health Officer determines that the well water may be rendered potable by appropriate treatment, a permit may be issued conditioned on the provision of such treatment; or
(2) 
If no other well location or source of potable water is available and if the Health Officer determines that imposition of particular conditions on the construction, maintenance, and/or monitoring of the well may enable the well to draw only potable groundwater, a permit may be issued with those additional conditions imposed.
(b) 
Any known abandoned well on a parcel shall be destroyed or placed in inactive status in accordance with this Chapter.
(Added by Ord. No. 3507, effective 8-31-17)
(a) 
If the Health Officer denies an application for a permit, or issues a permit subject to conditions which the permittee believes to be unreasonable, the permittee may request administrative review. The permittee must file such request with the Health and Human Services Agency Director within ten (10) days of the Health Officer's decision on the application or such review will be deemed waived. The Health and Human Services Agency Director or designee, acting as administrative review officer, shall, within twenty (20) days after receipt of a written request, hold an administrative review to determine whether the permit shall be issued to the permittee and, if a permit is to be issued, the terms and conditions under which it shall be issued. Such administrative review shall be conducted in accordance with section 4-13-1027 of this Chapter and may be continued from time to time by the administrative review officer. The decision of the administrative review officer shall be rendered within seven (7) days after the conclusion of the review.
(b) 
Any person aggrieved by any decision of the administrative review officer may appeal to the County Hearing Officer as set forth in Chapter 31 of Part I of this Code.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
Judicial review of a decision of the County Hearing Officer made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the permittee that the permit has been denied, the Clerk of the Board of Supervisors shall provide notice to the permittee that the time within which judicial review must be sought is governed by said section 1094.6.
(Added by Ord. No. 3507, effective 8-31-17; amended by Ord. No. 3559, effective 6-20-19)
Persons or property threatened by a sudden, unforeseen impairment in the quantity or quality of water may construct, deepen, or reconstruct a well without prior issuance of a permit. In such cases, the person responsible for emergency work shall:
(a) 
Notify the Health Officer within one (1) business day of the nature of the emergency and receive authorization to complete work on the well.
(b) 
Within one (1) business day after such work is begun, file for a well permit.
(c) 
Demonstrate that all work was performed in conformance with:
1. 
Bulletin 74-81, Water Well Standards: State of California; Bulletin 74-90, California Well Standards: Water Wells, Monitoring Wells, Cathodic Protection Wells (Supplement to Bulletin 74-81).
2. 
Any subsequent revisions thereof.
(Added by Ord. No. 3507, effective 8-31-17)
(a) 
No permit is required to install, replace, or repair a pump on an existing well.
(b) 
No permit is required to install a surface seal or annular seal.
(c) 
No permit is required for exploratory borings less than 45' unless groundwater is encountered. If groundwater is encountered, work must stop and an application for a permit must be filed.
(Added by Ord. No. 3507, effective 8-31-17)
(a) 
Application for a permit required by section 4-13-1007 of this Article shall be made to the Health Officer. The application shall be on a form furnished by the Health Officer and shall provide all requested information. Every application shall be signed by the owner or authorized designee.
(b) 
The Health Officer may require further information relevant to the project if deemed necessary to determine whether the public health and safety require the denial of the permit or the imposition of further conditions.
(c) 
A permit may be denied for failure to supply any information required by this section. The Health Officer has ten (10) working days to issue a well permit or request further information.
(Added by Ord. No. 3507, effective 8-31-17)