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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
The Department shall have the right to enter any premises, as authorized by this Article, to verify, by inspection and/or testing, compliance with the requirements of this Article. This right of entry shall be exercised only at reasonable hours, and entry shall be made to any premises only with the consent of the owner or occupant thereof, or with a proper inspection warrant. If the owner and/or occupant thereof refuses to give consent, the Department may request the City Attorney to seek an inspection warrant from the Superior Court for the County of San Francisco pursuant to Title 13 of the California Code of Civil Procedure (Section 1822.50 et seq.).
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
In addition to the inspections set forth below, the Department may inspect the drilling or excavation site at such other times as it deems necessary to carry out the purposes of the Article. The Department is authorized to obtain water samples, as needed.
(a) Annual Inspection. The Department shall annually inspect each permitted well to ensure that such well is being operated or maintained in compliance with the requirements of this Article and the terms of the permit.
(b) Initial Inspection. Upon the receipt of an application for a permit, the Department may inspect the drilling or excavation site before the issuance of the permit. If the Department determines that the site conditions require additional protective measures than those proposed in the permit application, the Department may require the relocation of the drilling or excavation site, or impose additional conditions in the permit that is needed to protect groundwater quality and the public health.
(c) Well Seal Inspection. The Department may inspect the annular space grout depth prior to sealing. Permittee shall notify the Department the commencement of any construction activities at least ten (10) days prior to the commencement of drilling and provide the anticipated time to commence the sealing of the annular space. Permittee shall notify the Department at least forty-eight (48) hours prior to the sealing the annular space. No seal of the annular space shall be tremied unless authorized by the Department. All wells shall be sealed in accordance with the standards set forth in this Article and any applicable permit provisions.
(d) Final Inspection. The applicant shall notify the Department within seven (7) days of the completion of its work at each drilling site. The Department may make a final inspection after the completion of the work to determine whether the well was completed in accordance to the requirements of this Article.
(e) Well Destruction Inspection. The applicant shall notify the Department the commencement of any well destruction activities at least ten (10) days before the commencement of such activities.
(f) Waiver of Inspection. The Department may waive the inspection set forth in this Section if any of the following conditions exists:
(1) The work will be inspected by the California Regional Water Quality Control Board or the California Department of Health Services or the California Department of Toxic Substances Control and these designated agencies will provide a report to the Department regarding all drilling features.
(2) Drilling site is well known to the Department and it is known that no significant threat to groundwater quality exists in the area.
(g) Failure to Notify.
(1) Upon an applicant's failure to notify the Department of the filling of the annular space, the well owner/operator may not operate the well until he/she submits results from approved geophysical testing, including Sonic Log and Gamma Ray Log, demonstrating that the annular space has been properly installed.
(2) Upon an applicant's failure to notify the Department of the destruction of a well, the Department may require the well owner/operator to submit a report from the contractor who destroyed the well describing the work performed during the destruction of the well.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
Within thirty (30) days of the construction, modification, or destruction of any well, the well owner/operator or his/her contractor shall submit to the Department a copy of the "Report of Completion" (Water Well Drillers Report, Department of Water Resources Form 188) in accordance with California Water Code § 13571. Such submission shall not be deemed to relieve the well owner/operator or his/her contractor of their obligation to file such report with the State Department of Water Resources.
(a) Confidentiality of Report. Pursuant to California Water Code § 13572, the Report of Completion shall be kept confidential unless the release of the report is authorized by that section.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)
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