DIVISION II WELL AND SOIL BORING CONSTRUCTION, MODIFICATION, OPERATION AND MAINTENANCE

SEC. 803. PERMIT REQUIRED.

   Except as otherwise provided by law, no person shall construct, modify, operate or maintain a well, whether active or inactive, or soil boring without a permit issued in accordance to this Article.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 804. APPLICATION.

   Any person proposing to construct, modify, operate and/or maintain a well or soil boring shall file with the Department a completed written application on forms approved by the Department and submit the appropriate application fees thirty (30) days prior to the proposed commencement of such activities. For well permits in Hunters Point Shipyard, such permit application shall not be deemed complete until the department receives written notification from the Director that the applicant has complied with all provisions of Article 31 that are required to be met prior to permit issuance. The completed application shall include, without limitation, all of the following, when applicable:

   (a)   The name and address of the owner of the property on which the well or soil boring is located.

   (b)   The name and address of the operator of the well or soil boring, if different from the owner.

   (c)   The name and state license number of the general contractor, if applicable, and the C-57 license number of the person responsible for the construction or modification of the well or soil boring.

   (d)   The address at which notices issued in accordance to this Article are to be served, if different from those specified in Subsections (a) and (b).

   (e)   A plot plan showing the proposed or actual location of the well or the soil boring that is being constructed, modified, operated or maintained with respect to the following items within a radius of five hundred feet (500') from the well or soil boring:

      (1)   Property lines, including ownership;

      (2)   Sewage or waste disposal system, including reserved waste disposal expansion areas, or works for conveying sewage waste;

      (3)   The approximate drainage pattern of the property;

      (4)   Other wells, including abandoned wells;

      (5)   Access road to the well site;

      (6)   Any structures; and

      (7)   Any aboveground or below ground utilities.

   (f)   Location of the property with a vicinity map including the legal description of the property and the assessor's parcel, block and lot numbers.

   (g)   The proposed use and the operating parameters of the well or soil boring, if applicable.

   (h)   The expected operational lifetime of the well or soil boring, if applicable.

   (i)   Location and classification by visual inspection of any solid, liquid, or hazardous waste disposal sites within five hundred feet (500') of the proposed well or soil boring.

   (j)   Method of and a proposed schedule for the construction or modification of the well or soil boring.

   (k)   The construction parameters of the well or soil boring including, without limitations, the following information, if applicable:

      (1)   Total depth of the proposed well or soil boring;

      (2)   Depth and the type of casing to be used for the proposed well;

      (3)   Depth and the type of perforation; and

      (4)   Proposed depth and the type of annular seal.

   (l)   A plan for the safe and appropriate handling and disposal of drilling fluids and other drilling materials resulting from the proposed work.

   (m)   An approval from the San Francisco Public Utilities Commission if drilling fluids or water extracted from the well or soil boring will be discharged into the sanitary sewer.

   (n)   Submission of completion bonds, contractor's bonds, cash deposits, or other adequate security of at least $10,000 to insure that all projects are performed completely and properly in a manner which protects the public health and safety and the integrity of the groundwater resources. The Director may, in his or her discretion, increase the amount of the bond, cash deposit or security deemed necessary to protect the public health and safety and the integrity of the groundwater resources.

   (o)   Submission of the appropriate filing fees as provided for in this Article.

   (p)   Any other information deemed necessary by the Department to ensure adequate protection of groundwater resources.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005; Ord. 204-10, File No. 100575, App. 8/3/2010)

SEC. 805. ADDITIONAL SUBMISSION FOR APPLICATION FOR WATER WELLS.

   In addition to the information specified in Section 804 of this Article, an applicant for a water well permit shall submit information on the proposed operating parameters of the water well, including the maximum and average rate of withdrawal of groundwater proposed to meet the applicant's beneficial uses. Upon receipt of an application for a water well permit, the Department shall refer the application to the Department of City Planning for an environmental determination under CEQA as required by chapter 31 of the San Francisco Administrative Code. Following completion of CEQA review, the applicant shall be required to obtain the approval of the SFPUC authorizing the withdrawal of groundwater and to comply with any conditions or restrictions on use of the water well imposed as mitigation measures by the Department of City Planning or by the SFPUC for purposes of managing groundwater resources in San Francisco. Failure to reach agreement with the SFPUC for the operation of a proposed water well shall result in denial of a water well permit application by the Department.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 806. PERMIT ISSUANCE AND MANDATORY PROVISIONS.

   Upon satisfactory compliance with the requirements of Sections 804 and 805 of this Article, the Department shall issue to the applicant a permit for the construction, modification, maintain and operation of the well. The Department may include such terms in the permit, as necessary, to ensure compliance with the requirements of this Article. In addition, the permit shall be issued with the following terms and conditions whether explicitly stated or not, when applicable:

   (a)   The construction or modification of the well or soil boring on the property shall be comply with the standards set forth in the "Water Well Standards: State of California, California Department of Water Resources Bulletin 74," 1968, including all subsequent modifications and with this Article;

   (b)   The permittee shall complete any authorized work related to the construction and modification of the well or soil boring within six (6) months of the date of issuance of the permit;

      (1)   Upon a showing of good cause by the applicant, the Department may grant the applicant a one-time extension not to exceed six (6) months. Applicant shall make the request for an extension in writing to the Department at least thirty (30) days prior to the expiration of the construction authorization set forth in the permit.

   (c)   Upon the expiration of the construction authorization of the permit, no further work shall be performed unless and until the applicant receives an extension or a new authorization;

   (d)   The permittee shall post a copy of the permit at well or soil boring site at all times;

   (e)   The permittee shall use construction practices that would prevent the contamination or pollution of groundwater during the construction or modification of the well or soil boring;

   (f)   The permittee shall comply with the approved plan for the safe and appropriate handling, labeling, storage and disposal of drilling fluids and other drilling materials used in connection with the permitted work;

   (g)   All construction or modification work shall be performed by a person who possesses a valid C-57 contractor's license issued by the California Stale Contractor Licensing Board and is identified in the application submitted in accordance with Section 804 of this Article;

   (h)   All work shall be performed in accordance with the approved work schedules and methods, as set forth in the application submitted in accordance with Section 804 of this Article. If changes are made to the work schedule, applicant shall inform the Department in writing within five (5) days after such changes are deemed necessary;

   (i)   The permittee shall not operate the well unless the Department has inspected the well in accordance with Section 826 of this Article to ensure compliance with the requirements of this Article or unless such inspections have been waived by the Department;

   (j)   For a soil boring, the soil boring shall be destroyed in accordance with the requirements of this Article within 24 hours from the time that the testing work is completed and the owner and/or operator shall provide to the Department documentation showing such destruction within 24 hours of the destruction of the soil boring.

   (k)   For the construction or modification of a well that penetrates more than one groundwater aquifer in areas designated by the San Francisco Public Utilities Commission with known groundwater quality problems, the permittee shall submit:

      (1)   A report prepared by a geologist registered pursuant to Business & Professions Code § 7850 or a civil engineer that is licensed pursuant to Business & Professions Code § 6762 that identifies all strata containing poor quality groundwater and recommends the location and specification of the seal(s) needed to prevent the entrance of poor quality groundwater or its migration into the other aquifers; and

      (2)   Special annular seals to prevent mixing of groundwater from the several aquifers.

   (l)   The permit shall be renewed in accordance with Section 808 of this Article.

   (m)   The permittee shall comply with all applicable provisions of local, state and federal laws.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 807. ADDITIONAL TERMS FOR WATER WELL PERMITS.

   In addition to the provisions set forth in Section 806 of this Article, a permit for a water well shall be issued with the following terms and conditions whether explicitly stated or not.

   (a)   The issuance of a permit by the Department, shall not be construed as vesting overlying or appropriative groundwater rights on the permittee to withdraw water from the water well. Any water well construction and operation authority granted by the Department to the permittee shall be subject to the terms of the approval from the SFPUC to the permittee for the extraction of groundwater required under section 805 of this Article.

   (b)   A record of the operation of the water well shall be kept at the water well site or at another location upon prior approval of the Department for a period of three (3) years and shall be available for inspection by the Department or the SFPUC upon request. The record shall include, information as required by the agreement between the permittee and SFPUC.

   (c)   The permit shall automatically expire upon the termination of the agreement or approval for the withdrawal of groundwater from the permitted well, unless (1) the withdrawal of groundwater from the permitted well was extended by mutual agreement between the permittee and the SFPUC, (2) within 15 days before the termination of the agreement, the permittee notifies the Department that the permit will be transferred to the SFPUC at the termination of the agreement, or (3) the permittee receives an approval from the Department allowing for the maintenance of an inactive well.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)

SEC. 808. TRANSFER OF PERMIT.

   Except as provided for in this Section, permits issued under this Article shall not be transferred to another person, address or physical location within the same address.

   (a)   A permit issued under this Article may be transferred to another person, provided that, the Department is notified within thirty (30) days of the change in owner and/or operator of the well and receives the appropriate fees.

   (b)   A permit issued under this Article may be transferred to the SFPUC upon the termination of the agreement or approval from the SFPUC to withdraw groundwater. Such transfer shall only occur upon an agreement from the SFPUC to accept such transfer.

(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)