(a) Any person who owns a well, or any person who is in possession of a well, may be required to take corrective action with respect to the well as provided in this section.
(b) Any of the following occurrences constitutes grounds for ordering corrective action:
(1) Maintenance, operation, or use of the well in a manner that causes or contributes to, or may result in a substantial risk of causing or contributing to, the pollution of the groundwater, or allowing water to be wasted as a result of artesian pressure.
(2) Construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this article.
(c) To initiate proceedings to order corrective action, the Director shall send written notice to the person who owns the well and/or the person in possession of the well. The notice shall briefly describe the grounds for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place for a hearing at which such person will be afforded an opportunity to present evidence showing that the grounds for corrective action do not exist, or that the proposed corrective action is inappropriate. The notice shall also state that failure to appear and present such evidence may result in an order requiring such person to take some or all of the proposed corrective action.
(d) 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 who owns the well or the person in possession of the well 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 will determine, based upon the preponderance of the evidence presented at the hearing, whether there are grounds for ordering corrective action, and, if so, whether the proposed corrective action is appropriate. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.
(e) If it is determined that there are grounds for ordering corrective action and that some or all of the proposed corrective action is appropriate, the Director may issue and serve upon the person or persons who were served with the notice of the hearing a written order requiring such appropriate corrective action. The order shall contain a deadline for commencing the corrective action if such action is to be ongoing or shall contain a deadline for completing the corrective action if such corrective action is not to be ongoing. The order shall further state that, if the corrective action is not taken in compliance with the order, such action may be taken by the County at the expense of the person served with the order and, in addition, such person may be subject to criminal prosecution.
(f) Any person who owns or is in possession of a well who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing and complete every corrective action described therein as not being ongoing. Any person who owns or is in possession of a well served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or is in possession of the well, continue to take every corrective action described in the order as ongoing, until such time as the well is destroyed pursuant to this article, or the Director states in writing that such ongoing corrective action is no longer necessary.
(Part 2, Ord. 1613-NS, eff. April 22, 2016)