(A) Except as expressly allowed for by other applicable laws or regulations or except as expressly authorized by a permit issued by another regulatory or governmental agency, it shall be unlawful (1) to dispose of any water produced from drilling operations or any other mineral or material in such a manner that it may be injurious to animals, soil, plant life or if the same will pollute any water supply; or (2) for any person to pollute or allow pollution from petroleum operations into any waters within, or watershed area in, San Benito County. Further, all well drilling or petroleum operations which may penetrate near or into usable water-bearing strata including, without limitation, wells, shall not subject the groundwater basin or sub-basin to pollution or contamination.
(B) For projects utilizing secondary or enhanced recovery operations or hydraulic fracturing, water quality testing of the surrounding fresh water aquifer up to a distance of one mile from the well-site in any new well fields, may, if specified by the county as a condition of approval during the approval process, be required before, during (at the discretion of the Petroleum Administrator), and after the proposed process and upon capping or abandonment of the well in order to ensure that the project does not impact water quality. Applicant shall allow water quality testing to be performed on the subject property in any well which applicant has legal right to access by an individual or entity designated by the Petroleum Administrator. In addition to, or in lieu of, testing to be performed on the subject property, the Petroleum Administrator may direct water quality testing to be performed on property within one mile of the well-site with the landowner’s permission. Where possible, testing shall be performed hydrologically downgradient or in the location most likely to reveal any water quality issues related to the drilling, as may be determined by the Petroleum Administrator and/or his or her designee. Water testing shall be targeted to reveal any chemicals used in the drilling process and changes related to the drilling process. If required as a condition of approval, water testing shall include baseline water testing and annual water quality testing when enhanced recovery or hydraulic fracturing methods are used. A fee to cover the expenses of water quality testing may be established by the Board of Supervisors by resolution.
(Ord. 918, § 1(part), 2013)