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No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well unless either such well has been destroyed pursuant to this subchapter or a current certificate of exemption has been issued for such well pursuant to § 52.069. Any down-hole explosive work shall be conducted by a state licensed blaster who has obtained all appropriate city and county permits.
(‘81 Code, § 8.40.140) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999
(A) Any person who owns or possesses a water well or monitoring well which is abandoned or about to become abandoned but who does not desire to destroy the well, or a person who desires to return an abandoned well to active status, may submit to the Agency a report prepared and signed by a registered inspector. Recommendations for repair must be submitted for review and approval of the Agency. If the Agency determines that the well would not result in pollution of ground water and would not create a hazard to health and safety, the Agency may issue a certificate of exemption or may approve the well to be returned to active status. Either alternative requires a satisfactory well condition inspection report.
(B) A certificate of exemption shall expire five years after issuance and may be terminated by the Agency at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of groundwater or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect to a well in the same manner as the original certificate was issued. The well condition inspection report shall only be valid when the report has been shown to meet the requirements of § 52.066(E). The well condition inspection report will expire after 12 months and a new well condition inspection report will be necessary for well status changes.
(‘81 Code, § 8.40.150) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
The Board of Supervisors may, by resolution, establish fees for the issuance of a permit, extension of a permit, a certificate of exemption, or an appeal pursuant to this subchapter. The payment of such fee, if any, established by such resolution shall accompany the application to which it pertains. If the application is withdrawn before the issuance of the permit, the Agency shall compute the cost to the county of processing the application up to that point in accordance with the city’s standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.
(‘81 Code, § 8.40.160) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
The Agency and the county's inspectors may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this subchapter is being violated. The director may require that any work for which a permit is required by this subchapter be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing operations for engineering test holes and monitoring wells if required by permit conditions. Prior to commencing any inspection pursuant to this subchapter, the Agency shall obtain either the consent of the owner or occupant of the property or an administrative inspection warrant.
(‘81 Code, § 8.40.170) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
If any corrective action required by an order issued pursuant to § 52.067 is not taken in full compliance with such order, the director may cause the corrective action to be taken by the county and all persons required by § 52.067 to take such corrective action shall be jointly and severally liable to the county for the cost of such action. In cases where the public health and safety require emergency corrective action, the director may cause the emergency corrective action to be taken by the county without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the county for the cost of such action.
(‘81 Code, § 8.40.190) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)
All wells having a history of flowing as a result of artesian pressure shall be maintained and equipped to prevent flowing due to pressure in the aquifer system. Wells without any history of flowing that begin to flow shall be repaired, or retrofitted as necessary to prevent flowing. Such repair or retrofit shall be completed within a period of 30 days of notice by the county. This includes flowing as a result of a failed casing or other deteriorated component, or the absence of a surface seal.
(Ord. 1274, passed 6-5-17)
(A) Leak detection system. The foregoing provisions of this subchapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with § 25280) of Division 20 of the Cal. Health and Safety Code.
(B) Monitoring and recovery wells. The Agency may waive permit requirements for installation or destruction of monitoring and recovery wells which are less than 50 feet deep and which are constructed to determine the extent of, or remove, pollution from
underground storage tanks, pursuant to requirements of the Environmental Health Division, provided the director determines that the purpose of this subchapter as set forth in § 52.055 will be satisfied.
(C) Natural gas monitoring and recovery wells. The Agency may waive permit requirements for installation or destruction of natural gas monitoring and recovery wells which are less than 50 feet deep pursuant to requirements of the Environmental Health Division, provided the Department determines that the purpose of this subchapter as set forth in § 52.055 will be satisfied.
(Ord. 1274, passed 6-5-17)
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