§ 25B-5. Permits.

(a)

Enforcing Agency. The enforcing agency responsible for reviewing and making decisions on each type of permit application required by this chapter is identified by Table 25B-1.

Table 25B-1. Enforcing Agency

Type of Permit Application	Enforcing Agency
Borings	Permit and Resource Management Department
Environmental Drilling	Department of Health Services
Environmental Wells	Department of Health Services
Monitoring Wells	Permit and Resource Management Department
Wells or Water Wells	Permit and Resource Management Department

 

(b)

General Permit Requirements.

(1)

Permit Required. A permit shall be required prior to commencing any of the following work:

(i)

Construction or reconstruction of a well.

(ii)

Construction of a boring that is fifteen feet (15') or more below the original ground surface or when groundwater is encountered shallower than fifteen feet (15') below the original ground surface.

(iii)

Construction of an elevator jack shaft, cathodic protection well, inclinometer or piezometer that is fifteen feet (15') or more below the original ground surface or when ground water is encountered shallower than fifteen feet (15') below the original ground surface.

(iv)

Destruction of an existing or abandoned well.

(2)

The well contractor shall apply for and obtain a permit from the enforcing agency prior to commencing construction, reconstruction, or destruction of wells or borings. Permit issuance shall be contingent upon compliance with the requirements specified in this chapter.

(3)

The well contractor shall have on file with the enforcing agency a copy of a valid C-57 water well contractor license issued in accordance with the provision of the contractor license law of the state of California. In addition, the well contractor shall have on file with the enforcing agency a copy of a certificate of insurance which states there is in existence a valid policy of workers' compensation in the form approved by the state insurance commissioner. The requirement for workers' compensation insurance coverage can be waived for those drillers who are exempt. Said certificate shall show the following:

(i)

The expiration date; and

(ii)

Coverage provided for construction permits in accordance with Labor Code 3800.

(c)

Application for Permit.

(1)

Applications for permits shall contain all information necessary to verify conformance with this chapter. The application shall be made in writing and signed by the well contractor on such forms as may be prescribed by the enforcing agency.

(2)

Disclosure of Existing Water Wells. All permit applications for new wells shall include a disclosure by the property owner and/or well drilling contractor of the following information pertaining to any existing wells on the property located within one hundred feet (100') of the proposed well, to the extent that such information is known to the property owner:

(i)

The current and future uses of the existing well(s);

(ii)

Existence of contamination in the existing well(s);

(iii)

The construction of the existing wells(s) such as its dimensions, depth, casing material, seal depth and screen interval;

(iv)

A copy of the well log(s);

(v)

Any existing well(s) to be destroyed (see Section 25B-8).

(3)

Scope of Well Permit.

(i)

The initial permit application may include one (1) primary and up to four (4) alternate well sites or test holes. The permittee shall advise the enforcing agency of final well location by submitting a revised site plan. All dry holes must be destroyed pursuant to this chapter and must be shown on the revised plan. The revised plan shall be submitted prior to final clearance on the permit.

(ii)

The initial permit application may include one (1) or more wells that are to be destroyed.

(iii)

The construction and/or destruction of the well(s) shall be on the same parcel.

(iv)

Each well permit authorizes one (1) completed well and, if applicable, one (1) or more wells to be destroyed.

(4)

Scope of Well Destruction Permit. Each well destruction permit authorizes one (1) or more wells to be destroyed, provided the wells to be destroyed are on the same parcel.

(5)

Cost of Permit. Each application shall be accompanied by the appropriate fee as adopted by ordinance or resolution of the board of supervisors. Refunds shall be in accordance with the current refund policy of the enforcing agency.

(6)

Term of Application. Each application submitted pursuant to this chapter shall expire and become null and void within one (1) year of the date of submittal unless a permit is issued, except as set forth in [Section] 25B-5(c)(7).

(7)

Application Extension. Prior to the expiration of the application as provided above, the applicant holding an unexpired well application may apply for an extension of time. The enforcing agency may extend the expiration date of the application for a period not exceeding one hundred eighty (180) days per extension request when such extension is warranted, including but not limited to (i) to correct an error by the enforcing agency, (ii) when a legal action prevents the application from being issued within the time limits detailed in [Section] 25B-5(c)(6), or (iii) in the interest of public health and safety. No application shall be renewed more than once.

(d)

Emergency Wells.

(1)

Water well drilling necessary to protect life or property due to a sudden, unforeseen impairment in the quantity or quality of water available may be commenced prior to obtaining a permit. All work performed under such emergency conditions shall comply with the requirements of this chapter. The well contractor constructing the water well or the property owner shall notify the enforcing agency and provide evidence acceptable to the enforcing agency of the necessity of the water well on or before three (3) business days after the onset of the emergency situation. The well contractor shall apply for a well permit within five (5) days after the commencement of such emergency work.

(e)

Issuance and Types of Permits.

(1)

Ministerial Permit Application. A ministerial permit application shall be approved, and a well construction, well reconstruction or well destruction permit issued, when the enforcing agency verifies that:

(i)

The proposed well construction, well reconstruction or well destruction complies with the provision of this chapter, other applicable provisions of this Code, and the conditions of any applicable land use permit or other entitlements; and

(ii)

Where the proposed well construction, well reconstruction or well destruction is part of a project for which an application for a discretionary land use permit has been submitted, the discretionary land use permit has been issued and any relevant discretionary permit conditions have been complied with. This requirement shall not apply where a well is required to demonstrate water availability for the proposed discretionary project.

(2)

Well Construction and Well Reconstruction.

(i)

Class I permits are designated for the installation, replacement or reconstruction of a well, test well, test hole or piezometer, where such well location conforms with the minimum distances set forth in Table 1.

(ii)

Class II permits are designated for the installation, replacement or reconstruction of a well, test well, test hole or piezometer, where such well location is closer than the minimum distances set forth in Table 1.

(iii)

Well permits shall be required for elevator jack shafts greater than fifteen feet (15') in depth, geotechnical borings, geothermal heat exchange wells, cathodic protection wells, dewatering wells, inclinometers, piezometers, and any other wells or borings.

(3)

Well Destruction. Well destruction permits are designated for the destruction of one (1) or more wells on a given parcel.

(4)

Term of Permit. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized has not been completed within one (1) year following the date of permit issuance, except as set forth in [Section] 25B-5(e)(5). Upon expiration of any permit, no further work may be done until a new permit for such purpose is approved in accordance with provisions of this chapter.

(5)

Permit Extension. Within the permit time limits detailed in [Section] 25B-5(e)(4), any permittee holding an unexpired well permit may apply for an extension of the time. The enforcing agency may extend the expiration date of the permit for a period not exceeding one hundred eighty (180) days per extension request, where the permittee has requested the extension in writing and when such extension is warranted, including but not limited to:

(i)

To correct an error by the enforcing agency; or

(ii)

When a legal action prevents the project from being completed within the time limits detailed in [Section] 25B-5(d)(4); or

(iii)

In the interest of public health and safety.

No permit shall be renewed more than once.

(6)

The enforcing agency may deny a permit when:

(i)

The application is incomplete; or

(ii)

The application contains false information; or

(ii)

The proposed work would not comply with this chapter or other applicable laws.

(f)

Inspections.

(1)

Initial Inspection. Upon receipt of an application pursuant to this chapter, the enforcing agency may make an inspection of the drilling site prior to the issuance of a permit. The purpose of the inspection is to verify conformance to this Code.

(2)

Permit Issuance. Upon issuance of the permit, all wells or test holes constructed, reconstructed, or destroyed, shall be subject to inspection by the enforcing agency, to verify conformance to this Code.

(3)

Notification of Commencement. The well drilling contractor shall notify the enforcing agency when work commences, and shall provide an estimated completion date.

(4)

Notification of Seal. The well seal shall be placed on a normal county business day. The permit applicant shall notify the enforcing agency of the date and time of the seal placement. The notification shall be prior to 9:00 a.m. on the day of seal placement and at least one (1) hour prior to the seal placement. If the enforcing agency does not arrive within fifteen (15) minutes of the designated date and time and provided proper notification was made, the well may be sealed without inspection and work may continue. The driller must seal the well in full compliance with the standards of this ordinance and any permit conditions.

(5)

Inspection of Well or Boring Seal. The enforcing agency may inspect the annular space or grout depth prior to the placement of the sealing material and may make inspections at other times as it may deem appropriate, to verify conformance to this Code. The enforcing agency shall final a permit within sixty (60) days of receipt of department of water resources well completion report, provided that the well was completed in accordance with the requirements of the approved permit.

(g)

Provisions Cumulative. The provisions of this article are in addition to any other requirement for a permit for construction, destruction, alteration or repair of a well or a water treatment system, i.e. a building permit for plumbing or electrical.

( Ord. No. 6121, § III(Exh. A) , 7-28-2015)