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GROUNDWATER CONSERVATION
It is the purpose of this subchapter to provide for the construction, maintenance, operation, use, repair, modification, and destruction of wells within the city in such a manner that the groundwater of the county will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the county.
(‘81 Code, § 8.40.010) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
Statutory reference:
Water wells, see Cal. Water Code §§ 13700 et seq.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED WELL. Any of the following:
(1) A water well used less than eight hours in any 12-month period;
(2) A monitoring well from which no monitoring data has been taken for a period of two years;
(3) A well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this subchapter within six months or such other shorter or longer period as determined by the Director depending on well condition and the risk of the aquifer;
(4) An engineering test hole where 24 hours has elapsed after construction and testing work has been completed on the site;
(5) A cathodic protection well which is no longer used for its intended purpose; or
(6) A water well for which annual reports of well usage pursuant to § 52.073.
ACTIVE WELL. A water well that has operated for at least eight hours during a calendar year, a monitoring well from which data has been collected at least once during the past two years, or a cathodic protection well maintained and utilized for its intended purpose.
ACRE-FOOT. The volume of water necessary to cover one acre to a depth of one foot; equal to 43,560 cubic feet or 325,851 gallons.
AGENCY. Ventura County Public Works Agency.
AQUITARD. A confining bed and/or formation composed of rock or sediment that retards but does not prevent the flow of water to or from an adjacent aquifer and that does not readily yield water to wells or springs but stores groundwater.
AQUIFER. A body of rock or sediment that is sufficiently porous and permeable to store, transmit, and yield significant or economic quantities of groundwater to wells and springs.
APPLICANT. The well owner or the well owner's authorized representative.
ARTESIAN PRESSURE. Hydrostatic pressure of artesian water, often expressed in terms of pounds per square inch, or the height, in feet above land surface, of a column of water that would be supported by the pressure and which pressure may cause water to flow from the well.
BASIN. A groundwater basin or subbasin identified and defined in the latest State of California Department of Water Resources' (DWR) Bulletin No. 118.
BACKUP WELL or STANDBY WELL. A well that is not the primary well, but is a well used to provide supplemental water when the primary well is out of service or not fully functional. The backup well shall not be used to initiate any new use or increased use of groundwater, and must meet the minimum requirements for an active status well.
CAN'T LOCATE WELL. Classification assigned to a well which the owner cannot locate.
CAN'T LOCATE REPORT WELL. Classification assigned to a well for which the owner has conducted a well search according to the County's Well Location Procedures, and submitted a report documenting the search efforts and results.
CATHODIC PROTECTION WELL. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection. (Water Code § 13711)
CERTIFICATE OF COMPLETION. A certificate prepared by the county documenting that a well condition inspection has been conducted by a registered inspector and a well condition inspection report has been prepared and deemed satisfactory by the county.
CITY. The City of Santa Paula.
CITY INSPECTOR. A person authorized by the Director to inspect all work for which a permit is issued pursuant to this subchapter.
COMMUNITY WATER SUPPLY WELL. Any water well which provides water for public water systems as defined in Cal. Health & Safety Code § 116275.
COMPLETION OPERATION. Any of the following work conducted after artificial excavation:
(1) Placement of a well casing;
(2) Gravel packing;
(3) Sealing;
(4) Perforation of a well casing; or
(5) Any other work listed on a permit issued pursuant to this subchapter as being a required part of a completion operation.
CONFINED AQUIFER. An aquifer that is bounded above and below by formations of distinctly lower permeability than that of the aquifer itself, or an aquifer containing confined groundwater.
CONTAMINANT. Any substance or property preventing the use or reducing the usability of water for ordinary purposes such as drinking, preparing food, bathing, washing, recreation, and cooling, or any solute or cause of change in physical properties that renders water unfit for a given use.
COUNTY INSPECTOR. A person authorized by the Agency to inspect permitted work.
DE MINIMUS EXTRACTOR. A person who extracts, for domestic purposes, two acre-feet or less per year.
DEPARTMENT. The Public Works Department of the city.
DESTROY A WELL. To fill it (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the interchange of water between any water-bearing formations penetrated.
DIRECTOR. The director of the department or his or her duly authorized representative.
ENGINEERS TEST HOLE. An uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.
EXEMPT WELL. An abandoned well for which a well condition inspection report has been conducted and a certificate of exemption has been approved by the County of Ventura.
FLOWMETER. A manufactured instrument for accurately measuring and recording the volume of water pumped from a well or wells.
GOOD STATE OF REPAIR. A well whose condition is adequate to perform its intended function without allowing contaminants to migrate between zones of water bearing sediments where one or more zones contain water of different quality and where the well has a physical barrier that prevents surface water contaminants from entering groundwater.
GROUNDWATER. Water beneath the surface of the earth within a zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.
GROUNDWATER BASIN. An alluvial aquifer or a stacked series of alluvial aquifers with reasonably well-defined boundaries in a lateral direction and having a definable bottom.
INDIVIDUAL DOMESTIC WELL. Any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation.
INSPECT A WELL. To personally witness, record and certify work pursuant to a condition or conditions of a valid permit.
MODIFY OR REPAIR A WELL. To replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a liner in the well, or to change the depth of the well.
MONITORING WELL. Any artificial excava-tion by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in underground waters.
NON-COMPLIANT WELL. An abandoned well for which the owner does not repair and reuse, destroy or obtain a certificate of exemption.
OWNERSHIP OF A WELL. The person who is assessed as the owner of the well by the County Assessor or, if the well is not separately assessed, the person who owns the land upon which the well is located as shown on the latest equalized assessment roll of the County Assessor.
PERSON. An individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution. (Cal. Health and Safety Code § 116275(g))
POLLUTION. An alteration of waters by waste, salt water intrusion or other material to a degree which adversely affects either the suitability of such waters for beneficial uses or the facilities employed in conjunction with such beneficial uses.
POSSESSES A WELL. In actual possession of the well or has a legal right to the possession thereof.
REGISTERED INSPECTOR. A civil engineer or a professional geologist possessing a current license in the State of California and approved by the Agency. Registered inspectors are required to inspect drilling and sealing operations for engineering test holes and monitoring wells and for the determinations in connection with a certificate of exemption. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one of the aforementioned professionals may be deemed qualified to perform required inspection(s) provided one of the aforementioned professionals reviews the well condition inspection report and assumes responsibility for the accuracy and completeness of the work by signing the well condition inspection report.
REPLACEMENT WELL. A new well that replaces a well but does not increase the former well's capacity. Well capacity means the name plate performance rating for the existing well equipment or the well's documented historical production.
UNCONFINED AQUIFER. An aquifer which is not bounded on top by an aquitard and the upper surface of which is the water table.
UNSATURATED ZONE. The zone below the land surface in which pore space contains both water and air.
WATER WELL. Any artificial excavation constructed by any method for the purpose of deter- mining the availability of water, extracting water from or injecting water into the underground, except the following:
(1) Oil wells, gas wells, and geothermal wells constructed under the jurisdiction of the State of California Department of Conservation, except those wells converted to use as water wells;
(2) Wells used exclusively for the purposes of dewatering excavation during construction or of stabilizing hillsides or earth embankments (Cal. Water Code § 13710); and
(3) Seepage pits approved for use under permit from the department.
WELL. Includes a cathodic protection well, engineer test hole, monitoring well or water well.
WELL COMPLETION REPORT. A required, confidential report detailing the construction, alteration, abandonment, or destruction of any water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well. The reports were called water well drillers' reports prior to 1991 and are often referred to as "driller's logs." The report requirements are described in Cal. Water Code § 13751.
WELL CONDITION INSPECTION REPORT. A report documenting the integrity of a well and its associated components pursuant to § 52.066.
WELL FIELD. Two or more water wells located in close proximity or area, and that extract groundwater.
WELLHEAD PROTECTION AREA. The surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.
(‘81 Code, § 8.40.020) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
No person shall, within the city, construct, repair, modify or destroy any cathodic protection well which is over 50 feet deep, any engineering test hole which is over 50 feet deep, any monitoring well, or any water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the department as provided in this subchapter. Additionally, for any cathodic protection well or engineering test hole, if groundwater is encountered (or expected to be encountered) shallower than 50 feet deep, a permit is required. A copy of the approved permit shall be made available for inspection on the job site during any work authorized by the permit.
(‘81 Code, § 8.40.030) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999
(A) Types of permits for water wells:
(1) Permits for construction, modification, replacement, and repair of all water wells.
(2) Permits for destruction of all wells, except engineering test holes which shall be destroyed immediately after completion of testing in compliance with § 52.066(E).
(3) Annual permits for one or more engineering test holes which are over 50 feet deep and which are inspected by registered inspectors.
(B) Applications for permits shall be made to the Agency, and shall include the following:
(1) A vicinity map showing the location of the property on which the well is located;
(2) A plot plan indicating the exact location of the well with respect to the following items within a radius of 500 feet of the well:
(a) Approximate property lines;
(b) Sewage disposal systems or works carrying or containing sewage;
(c) All intermittent or perennial, natural or artificial water bodies or water courses;
(d) Drainage pattern of the property;
(e) Existing wells of all types, regardless of whether they are subject to regulation under this subchapter; and
(f) Access roads.
(3) Name of the person who will perform the work on the well;
(4) Name and affiliation of registered inspector, when a registered inspector will be utilized;
(5) Proposed depth of well;
(6) Proposed use of well;
(7) Proof that the person who will construct the well is in possession of a valid license in accordance with the Contractor's License Law; and
(8) Such other information as the Agency may deem necessary in order to determine whether underground waters will be protected.
(C) Permits shall be issued or denied within 15 days after the day on which the completed applications are received by the Department.
(‘81 Code, § 8.40.040) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
Permits shall require compliance with all applicable standards set forth in § 52.064. A permit to be valid must comply with all other applicable provisions of law. A permit shall expire six months from the date of issuance unless it is extended by the director. The director may grant one or more extensions of a permit, each for a period not to exceed six months, if the permittee proves to the satisfaction of the director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering tests holes shall expire one year from the date of issuance and shall not be extended.
(‘81 Code, § 8.40.050) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999
The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit or any extension.
(‘81 Code, § 8.40.060) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999
Prior to the issuance of a permit or any extension thereof, the applicant may be required to post with the Agency a cash deposit or bond to guarantee compliance with the provisions of this subchapter and the applicable permit, such cash or bond to be in an amount deemed necessary by the Agency to remedy improper work, but not in excess of the total estimated cost of the permitted work.
(‘81 Code, § 8.40.070) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
No person shall perform any work, either on such person’s own property or on the property of another, for which a permit is required by § 52.057 unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors License Law (Cal. Bus. & Prof. Code Chapter 9, commencing with § 7000 of Division 3 of the Cal. Bus. and Prof. Code) and is registered with the department to perform work permitted by this subchapter. Licensed water well contractors (Class C-57) registered with the Agency may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the Agency may only perform work permitted by their license. An application for registration with the Agency shall include a copy of the applicable license and a copy of a certificate of workers’ compensation insurance. The registration shall expire automatically on the expiration date indicated on the copy of the license or the expiration date indicated on the copy of the certificate of workers’ compensation insurance submitted with the application, whichever expiration date is earlier.
(‘81 Code, § 8.40.080) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999
(A) Any permit issued pursuant to § 52.057 is subject to suspension or termination prior to expiration as provided in this section:
(1) Grounds. Any of the following occurrences constitutes a ground for termination of the permit:
(a) Suspension, revocation or termination of the license required by § 52.062 of the person who is to perform the work; or
(b) Failure of such person to comply with any provision of Cal. Lab. Code § 3800; or
(c) Failure of such person or of any person who owns or possesses the well to comply with any provision of this subchapter or any permit issued pursuant thereto.
(2) Notice. To initiate proceedings to terminate a permit, the director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termina-tion, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing the proposed grounds for evidence do not exist, and shall state that failure to appear and present such evidence may result in termination of the permit.
(3) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there are grounds for suspension. The determination of the director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If it is determined that there is grounds for termination, the director shall terminate the permit; provided, however, that the director shall have the discretion not to terminate the permit if the director determines that the occurrence which gave rise to the grounds for termination was not willful, is not ongoing and is not likely to recur.
(4) Prehearing suspension. The director may suspend a permit prior to the hearing when the director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the director makes a final determination based upon the hearing; provided, however, that the director may rescind the suspension at any earlier time at which the director determines that it is no longer necessary.
(B) This section shall not deprive the director or the county of the authority to pursue any other action or remedy otherwise available under the law.
(‘81 Code, § 8.40.090) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
(A) Standards for construction, repair, modification or destruction of wells shall be those set forth in the Department of Water Resources, California Well Standards Bulletins Nos. 74-81 and 74-90, and Ventura County Water Well Standards Bulletin No. 74-9.
(B) Exceptions.
(1) The Agency may adopt additional or more stringent standards to be applicable in any or all zones of the city as delineated in aforementioned Bulletin No. 74-9.
(2) All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height equal to the pump slab, shall be kept sealed, and shall be provided with a threaded or other secure cap. Equivalent protection for excluding contaminants from entering the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16 mesh screen to prevent contaminants from entering the vent.
(3) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of the aforementioned Bulletin No. 74-81.
(4) All wells shall be constructed with a sounding tube, tap hole with plug, or similar access for water level measuring equipment. For wells fitted with a well cap, the cap shall have a removable plug for this purpose. (State of California Department of Water Resources' Bulletin No.74-81.) Well discharge piping shall contain a water sampling port or valve for water quality sampling. Every new water well shall be equipped with a flowmeter. This flowmeter requirement does not apply to de minimis extractors. For those required to have flowmeters, flowmeters will be calibrated and a report submitted to the Agency at a minimum of every three years. The specifications for flowmeter calibration are set forth in Appendix 1. Substitution of comparable flowmeter calibration specifications may be approved upon review by the director.
(5) Engineering test holes deeper than 50 feet shall be destroyed within one working day upon completion of testing by complete filling and/or sealing of the borehole in accordance with criteria established by the Agency. The Agency may waive complete sealing if the permittee demonstrates to the director's satisfaction that the purpose of this subchapter as set forth in § 52.055 will be satisfied.
(6) All pump discharge pipes not discharging or open to the atmosphere shall be equipped with an automatic device to prevent backflow and/or siphonage into a well. Specific backflow prevention measures are required for drinking water supply wells as prescribed in Title 17, Public Health, Cal. Code of Regulations (§§ 7583-7565 and 7601-7605), effective June 25, 1987. (State of California Department of Water Resources' Well Standard Bulletin No. 74-90). Irrigation well systems, including those used for landscape irrigation and other well systems that employ, or which have been modified to employ, chemical feeders or injectors, shall be equipped with a backflow prevention device (State of California Department of Water Resources' Well Standard Bulletin No.74-90). A check valve may also be utilized to meet this backflow prevention requirement.
(7) For irrigation and industrial wells chemicals of any type are not to be injected, pumped or poured into the well with the exception of disinfectants following any well rehabilitation work. Rehabilitation work may include use of chemicals to clean or remove scale from the well casing and gravel pack (if installed). Chemicals used for disinfection of groundwater extracted from the well shall be injected downstream from a backflow prevention device. Continuous injection or drip of chemicals into the well is prohibited.
(8) No well, regardless of status, shall be left unattended without a cap that has been constructed to prevent the accidental access to the well by a person or animal, or have an opening that allows the well to be susceptible to contaminants or pollution.
(9) All wells shall be located an adequate horizontal distance from potential sources of contamination and pollution as specified in the Department of Water Resources, California Well Standards Bulletins No. 74-81, § 8.A.
(‘81 Code, § 8.40.100) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
(A) (1) Licensed water well contractors who have performed any work for which a permit is required by § 52.057 and which involves drilling, digging, excavating or boring of a well, except for an engineering test hole, shall, within 30 days of completion of such work, submit to the Agency an accurate and complete report.
(2) For the purpose of obtaining sealing requirements from the Agency, geophysical well logs will be required as described in this section. New water wells in Sealing Zone III shall have a geophysical log. New water wells in Sealing Zone II shall either have a geophysical log, or soil samples shall be collected and recorded for every ten feet of depth within potential sealing zones. Geophysical logs must include spontaneous potential, and resistivity (short and normal, or lateral log). All abandoned water wells to be destroyed in Sealing Zones II and III shall have a geophysical log by gamma ray if no existing electric log or satisfactory drilling report is available for that well, unless it is determined by the Agency that a log is not warranted.
(B) Any permittee whose water well contractor fails to comply with this provision shall be in violation of this section and shall not be granted any new permits until the violation has been corrected. This shall not preclude the application of other penalties for violation of this subchapter. A well log shall include, at a minimum, all of the following:
(1) A detailed record of the boundaries, character, size, distribution and color of all lithologic units penetrated;
(2) The type and size of well casing;
(3) The location of perforations, sealing zones and existing seals;
(4) Reports on the quantity and quality of groundwater; and
(5) Any other data required by the Agency as a condition of the permit.
(‘81 Code, § 8.40.110) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
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