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Except as provided for in Section 818(b), any person proposing to destroy a well shall file with the Department a completed written application on forms approved by the Department and submit the appropriate application fees fifteen (15) days prior to the proposed commencement of such activities. The completed application shall include, without limitation, all of the following:
(a) The owner of the property on which the well is located.
(b) The name and state license number of the general contractor, if applicable, and the C-57 license number of the person responsible for the destruction of the well.
(c) The work plan for the destruction of the well that complies 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.
(d) 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)
Upon the submission of an application for the destruction of a well, the Department shall review such application to ensure that the destruction of the well will be carried out in compliance with the requirements set forth in the "Water Well Standards: State of California, California Department of Water Resources Bulletin 74," 1968, including all subsequent modifications and may modify the work plan to ensure compliance. In reviewing the application, the Department may inspect the well site. The Department shall issue an approval to destroy the well upon a satisfactory showing that the proposed or modified work plan complies with legal requirements and shall required the completion of the well destruction within 90 days of the issuance of the approval.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
The Board of Supervisors finds and declares wells that are: (1) abandoned; (2) constructed or operated in violation of state and local standards, permits or orders; or (3) providing conduits for the spread of contamination from the surface to groundwater, to connected aquifers and to other wells/ soil borings and soil borings that are unused to be public nuisances. The Department shall have the authority to abate such nuisance pursuant to Article 11 of this Code.
(a) The Department may order the owner of such wells to submit an application for the destruction of such wells within 30 days of the service of the order and destroy the well in accordance with this Article.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
Upon receipt of information by the Department of the existence of any unused well, the Department may order the owner to submit an application for the destruction or approval to maintain of such wells in an inactive state within 30 days for the service of the order and destroy the well or maintain the well as inactive in accordance with this Article.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
(a) The order shall advise the owner of his or her right to seek an administrative review by requesting an administrative hearing within fifteen (15) days from the service of the order.
(b) The Department shall serve the destruction order issued in accordance with Section 821(a) of this Article by certified mail return receipt requested.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
Upon a timely request for an administrative review, the Director shall conduct an administrative hearing in accordance with Section 833 of this Article. The Director shall affirm the destruction order if evidence in the administrative record or produced at the hearing demonstrating that the well in question: (1) is an abandoned well, (2) is constructed or operated in violation of state and local standards, permits or orders or (3) presents a potential for contamination or pollution of groundwater.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
DIVISION IV
ENFORCEMENT
ENFORCEMENT
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