HomeMy WebLinkAboutORD NO 3273ORDINANCE NO. ~ 2 ? S NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAI'£~
8.70 TO THE BAKERSFIELD MUNICIPAL
CODE RELATING TO '£~U~ REGULATION OF
WELLS AND WATER SYST~Z~S.
BE IT ORDAIN~o by the Council of the City of Bakersfield
as follows:
Chapter 8.70
Municipal Code to read as
SECTION 1.
is hereby
follows:
added to the Bakersfield
8.70.010 Adoption of Kern County Ordinance No. G-5006 and
subsequent amendments.
Except as to the provisions thereof which .address zoning
approval, that certain ordinance designated as Ordinance No.
G-5006 of the Board of Supervisors of the County of Kern and all
subsequent amendments or revisions thereto is adopted by reference
and shall be applicable to the regulation of wells and water
systems in the City.
8.70.020 City zoning authority.
The City of Bakersfield shall continue to exercise
zoning approval for the construction of water wells referenced in
Ordinance No. G-5006 of the Board of Supervisors of the County of
Kern and all subsequent amendments or revisions thereto.
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
OP*D INANCE NO., G-5005
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF KERN, STATE OF CALIFORNIA, REPEALING IN
ITS ENTIRETY CHAPTERS 14.O4 AND 14.08 OF THE KERN
COUNTY ORDINANCE CODE COMMENCING WITH SECTION
14.04.010 THEREOF AND ADDING INSTEAD THEREOF A NEW
CHAPTER 14.O8, COMMENCING WITH SECTION 14.08.010
CONCERNINO THE REGULATION OF WELLS AND WATER
SYSTEMS AND THE ADOPTION BY REFERENCE OF CERTAIN
STANDARDS CONTAINED IN CALIFORNIA STATE DEPARTMENT
OF WATER RESOURCES, BULLETIN NO. 74-81, AND KERN
COUNTY HEALTH DEPARTMENT HANDBOOK "UT §0".
The following ordinance, consisting of two (2) sections, was duly
and regularly passed and adopted by the Board of Supervisors of the
County Of Kern, State of California, at a regular meeting of the Board
of Supervisors held on the 9th day of May 1989, by ~he
following vote, to wit:
AYES: Austin. Larwood, Herringer, Shell
NOES: None
{SEAL)
ATTEST:
ABSENT: Ashburn
Chairma~ of the Board of Supervisors of
the County of Kern, State of California
%
SUE LASITER
Clerk of the Board of Supervisors
THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS FOLLOWS:
Section 1. This Ordinance shal! take effect and be in full force
on and after the 8th day of June 1989, and shall be
publiehed once in the Bakersfield Californian , a newspaper of
general clrculation, published and printed in the County of Kern, State
of California, together with the names of the members of the Board of
Supervisors voting for and against the same.
Book No. 894195
Ord. No. G-5006
'' O '
Section 2. Chapters 14.04 and 14.08, of the Kern County
Ordinance Code commencing wlth Sect~;~n 14.04.010 are repealed and lrl
their place a new Chapter 14.08, commencing with Section 14.08.010 Is
added to read as follows:
ARTICLE I. PURPOSE AND DEFINITIONS
Section 14.08.010 - Purpose.
(a) It is the purpose of this Chapter to provide for the
design, construction, reconstruction, abandonment, and destruction of:
1. wells defined herein as air conditioning, domestic,
agricultural, cathodic protection, industrial,
hazardous material monitoring, monitoring and.
observation, and grounding;
2. geophysical test holes: and
3. test wells;
tn such a manner that the ground water of this County will not be,
degraded, contaminated or polluted, and that water obtained for'
beneficial uses will not Jeopardize the health, safety, or welfare of
the people of this County.
(b) In addition, it is the purpose of this Chapter to
provide for the design, construction, and modlftcat:lone of public and
non-public water systems, and the permitting of the same, to assure an
adequate supply of pure, wholesome and potable water for the users.
Nothing in this Chapter shall be interpreted as abrogating any more
restrictive requirements of other governmental agencies or state law.
Section 14.08.020 - Definitions. Except where the context
otherwise requires, the definitions set forth in the following sections
shall apply throughout this Chapter.
Section 14.08.022 - Abandoned Well. "Abandoned well" means a
well not equipped with operable pumping equipment, which has not been
used for a period of one (1} year and which has not been declared to be
an "Out of Service Well". Such well must be destroyed in accordance
with Section 14.08.360.
Section 14.O8.023 - Aqenc¥. "Agency" means the Kern County
Water Agency or any other public agency or County department designated
by the Board of Supervisors ae the County~s authorized representative
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I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on FFR ? 199n , by the following
vote:
AYES COUNCILMEMBERS EDWARDS, DeMOND, SM1TH,~H+N4+k. PETERSON, McDERMOTT. SALVAOGID
NOES: COUNCIE.MEMF~ERS
ABSENT COUNCILMEMB[RS:
ABSTAIN COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 'FEB 7 1990
CLARENCE E. MEDDEBS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEyof the/di~y of Bakersfield
ADD/lg/meg
WELLS.ORD
1/12/90
Attachment
County of Kern Ordinance No. G-5006
- 2 -
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
county of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City
of Bakersfield; and that on the ]%rh day of FeSruar~ , 19 90 she
posted on the Bulletin Board at City Hall, a
the following: Ordinance No. 3273
City council at a meeting held on the 7t~
full, true and correct copy of
, passed by the Bakersfield
day of Feb~ruar~ , 19 90 ,
and entitled:
CAROL WILLIAMS
CITY CLERK of the City of
DEPUTY C~ Clerk
Bakersfield
NSAOPD
and delegated the responsibility of administering any of the provisions
of this Chapter.
Section 14.08.024 - Agricultural Well. "Agricultural well"
means a well used primarily to supply water for irrigation, livestock
or other agricultural purposes. Any domestic water service shall be
only incidental to the primary agricultural purpose.
Section 14.08.026 - Air Conditioning Well. "Air conditioning
well" means a well used to return to the ground wate~ which has been
used in m closed system as a coolant in atr conditioning processes, or
ae a heating agent.
Section 14.08.028 - Annular Sea1. "Annular sea/" means the
placement of impervious material in the annular space to prevent the
flow of water across or along the annular space.
Section 14.08.030 - Annular Space. "Annular space" means the
void between the wall of the well bore and the conductor casing, and
between the conductor casing and the well casing, and between the well
bore and the well casing.
Sectlon 14.08.032 - Aquifer. "Aquifer" means a geologic
formation that transmits water in sufficient quantity to supply pumping
wells or springs.
Section 14.o8.036 - Bulletin 74-81. "Bulletin 74-81" means
the Department of Water Resources Bulletin No. 74-81. "Water Well
Standards: State of California."
Section 14.o8.038 - Bulletin 74-1. "Bulletin 74-1" means the
Department of Water Resources Bulletin No. 74-1, "Cathodic Protection
Well Standards: State of California."
Section 14.08.040 - Cathodic Protection Well. "Cathodtc
protection well" means any artificial excavation in excess of fifty
(50) feet deep constructed by any method for the purpose of installing
equipment or facllities for the reduction of corrosion of metallic
structures and equipment in contact with the ground, commonly referred
to as "catbodie protection."
Section 14.08.042 - Contamination. "Contamination" means an
impairment of the quality of the waters of the State to a degree which
creates m hazard to the public health through poisoning or through the
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spread of disease.
resulting from the disposal of w~ste.
"Pollution."
Contamination shall include any equivalent effect
Contamination may include
Section 14.08,044 - Construction. "Construction" means the
excavation by digging, drilling or other means of the bore of a well
and includes, but is not limited to, excavation, installation of
casing, placement of gravel, perforation of casing in place,
installation of annular seals and sealing off strata.
Section 14.o8.046 - Deqradation. "Degradation" means the
unreasonable impairment of the quality of water by contaminants,
pollutants or natural phenomena which adversely affects the beneficial
Section 14.o8.048 - Department. "Department" means the Kern
County Environmental Health Services Department unless otherwise
specified.
Section 14.08.050 - Destroyed Well. "Destroyed well" means a
wel! that has been destroyed In accordance with the requirements of
this Chapter (Section 14.08.360).
Section 14.08.052 - Disposal Well. "Disposal well" means a
well used for the disposal of unusable liquids.
Section 14.08.054 Distribution $¥stem~ "Distribution
system" means el! facilities used by a domestic water supplier to
deliver water from the source or related treatment facilities to the
user connections.
that water plumbed to a dwelling or structure which is intended to be
used for, but not limited to, drinking, food preparation, dish washing
and bathing. Domestic water must also be potable as defined in Section
14.08.090.
Section 14.08.058 - Furnish. "Furnish" means to supply.
Section 14.08.060 - Geophysical Test Hole. "Geophysical test
hole" means any artificial excavation in excess of fifty (50) feet deep
constructed by any method for the purpose of determining subsurface
geologic conditions.
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Section 14.08.062 - Groundinq Well or Terminal. "Grounding
well or terminal well" means any a~tiflclal excavation in excess of
fifty (50} feet deep conatructed by any method for the purpose of
installing grounding anodes or grounding terminals for any surface or
subsurface equipment which is operated by or influenced by electricity,
or for any other grounding purposes.
Section 14.08.063 - Hardrock. "Hardrock'* means consolidated
formation (crystalline or metamorphic rock).
Section 14.08.064 Hazardous Materials. "Hazardous
materials" means al! the following liquid and solid substances:
1. Substances on the list prepared by the Director of the
Department of Industrial Relations pursuant to Section 6382 of the
Labor Code of the State of California.
2. Hazardous substances, as defined in Section 25516 of the
Health and Safety Code of the State of California.
3. Any substance or material which is classified by the
National Fire Protection Association (NFPA} as a flammable liquid, a
class II combustible liquid or a claes III-A combustible liquid.
Section 14.08.066 - Hazardous Material_M_on/torino Well.
"Hazardous material monitoring well" means any artificial excavation
constructed by any method to extract water or vapor samples, or to
install instruments or equipment to detect, measure, record or
otherwise monitor or obeerve the level, chemical constituency or
similar characteristics of the ground water beneath or within two
hundred (200) feet of a hazardous material site as defined in Section
14.08.068.
Section 14.08.068 - Hazardous Material Site. "Hazardous
material site*' means a location where hazardous materials are, or have
been, handled, treated, stored, or disposed.
Section 14.08.070 - Health Officer. "Health Officer" means
the Health officer of Kern County or his duly authorized
representatives. Such authorized representatives may include the
Agency or any other public agency designated by the Board of
Supervisors ae the County's authorized representative and delegated the
responsibility of implementing and administering any of the provisions
of this Chapter.
Section 14.o8.072 - Industrial Well. "Industrial well" means
a well whose primary purpose is to supply water to lndustr¥ on an
Individual basis.
Section 14.08.074 - Monitoring and Observation Well.
"Monitoring and Observation well" means any artificial excavation
constructed by any method to extract water or vapor samples, or to
Install instruments or equipment to detect, measure, record or
otherwise monitor or observe the level, chemical constituency or
similar characteristics of the ground water. "Monitoring and
observation well" does not mean wells constructed for the purpose of
monltortng the presence of ground water which has adversely affected,
or threatens to adversely affect, crop root zones (perched water).
Section 14.o8.o76 - Non-Public Domestic Well or Water ~stem.
A "non-public domestlc well or water system" means a well or system
used to aupply domestlc water to more than one (1) and less than five
(8) service connections.
Section 14.08.078 - Nuisance. "Nuisance" means any use or
condttlon of property or portion thereof, including structures, wells,
etc. located thereon, which Is unsafe, Injurious to health, or whtch
can contribute to ground water degradation.
Section 14.08.080 - Out of Service Well. "Out of servlce
well" means a well that has not been used for a period of one (1} year
and which complies with the provisions of Section 14.08.370.
Section 14.08.082 - Owner. "Owner" means the person(s) who
is listed on the last equalized property tax assessment role as the
owner of the land on which the well is located, or the person(s) who
has a legal posseamory interest in such land, whether by lease,
easement or other legal claim.
Section 14.08.084 - Perched Water. "Perched water" means
water in a local zone of saturation held above the main body of ground
water by a relatively impermeable stratum. (Water in th~s zone is
generally unpotable.)
Section 14.08.086 -- Person. "Person" means any individual,
company, firm, corporation or partnership, municlpa~ity, public entity
or other public body or Institution or association of persons.
Section 14.08.088 - PollutiOn. "Pollution" means degradation
of the quality of waters of the State by contaminants, pollutants or
natural phenomena to a degree which unreasonably affects: (1) such
waters for beneficial uses, or (2) facilities which serve such
beneficial uses. "Pollution" may include "Contamination.,,
Section 14.08.090 Potable Water. "Potable water" means
water which is safe for drinking, culinary and domestic purposes and
meets all requirements of the Health Officer.
Section 14.08.092 - Private Domestic Well. "Private domestic
well" means a well used to supply water for the domestic needs of an
Individual residence or structure.
Section 14.08.094 - Public Domestic Well or Water System.
"Public domestic well or water system" means any well ,or system used to
supply or convey water for domestic needs to five (5) or more service
connections or regularly serves an average of at least twenty-five (25)
individuals dally at least sixty (60} days out of the year.
Section 14.08.096 - Purveyor. "Purveyor" means any person
that furnishes or supplies domestic water to users from any source.
This Includes serving a minimum of two (2) connections and a maximum of
one hundred ninety-nine (199) connections. "Purveyor" also includes
those persons that supply domestic water for public use or use a
private domestic water supply in the operation of a business.
Section 14.08.O98 - Recharqe Well. "Recharge well" means a
well used to introduce water into the ground as a means of replenishing
ground water aquifers or basins or Impeding the migration of poor
quality water within the ground water basin.
Section 14.08.100 - Reconstruction. "Reconstruction,' means
any alteration, repair, restoration, addition, or subtraction of a well
bore, the casing gravel pack, annular seals, surface seals, conductor
Casing Or well casing, or perforations. (This shall not include merely
"blowing out" of the perforations.)
Section 14.08.102 - Service Connection. A "service
connection" means a connection between a domestic water main and a user
connection.
treatment, etorage end delivery of
dietributton system.
Sectlon 14.08.106 - Test Well.
Section 14.08.104 - Source Facilities. "Source
all components of the facilities used in the
facilities"
production,
to a domestic water
"Test Well" means a well
constructed for the purpose of obtaining the information needed to
deeign a well prior to its construction, or to determine the
availability of water in an area.
Section 14.08.108 - Substandard Water evetam or Well.
A "eubstandard water system or well" means any water system or well
which is constructed or operated in an unsafe manner, or in violation
of any law, ordinance, regulation, Department rule or order.
Section 14.08.110 - User Connection. "User connection" means
the connection of a user's piping to the water purveyor's facilities.
Section 14.08.112 - User. A "user" means any person, as
defined herein, using water for domestic purposes.
Section 14.08.114 - Water Qualitv. "Water quality" means the
chemical, physical, biological, bacteriological, radiological and other
properties and characteristics of water affecting lte beneficial use.
Section 14.08.116 - Well. A "well" means any artificial
excavation constructed by any nethod for the purpose of extracting
water from or injecting water into the underground, or used for the
purposes of sheerration or monitoring of the ground water basin, or for
oathsdie protection, or as a grounding terminal. This definition shall
not Include:
1. Any well constructed or converted under the Jurisdiction
of the Department of Conservation of the State of
California, (Division of Oil and Gas) except those wells
converted for use as water wells;
2.Wells used for the purpose of:
(a) dewatering excavations during construction, or
(b} etabllizlng hillsides or earth embankments;
3. Springs;
4. Dleposal and Inject/on wells constructed or converted
under the Jurisdiction of the California Water Quality
Protection ~gency
Control Board or the Environmental
underground Injection %ontrol program.
ARTICLE II. PERMITS, REGISTRATION, REPORTS AND FEES
Sectlon 14.08.120 - Permit Required. Except as otherwise
provided, It shall be unlawful for any person or contractor acting on
hie behalf to construct, reconstruct, deepen or destroy any well
described in Section 14.08.116 or cause any of these acts to be done
without first having flied a valid application for a permit with the
Department and having received approval to begin work.
Every permit shall be deemed to be conditioned upon compliance
with the requirements of Arttcle III of this Chapter, except that
permits Issued to construct, reconstruct, deepen or destroy cathodic
protection wells and hazardous material monitoring wells shall be
deemed to be conditioned on compliance with the respective reference
documents specified in Sections 14.08.220 and 14.08.230.
The Health Officer may prescribe additional permit conditions if
the Health Officer determines that they are required to prevent
degradation of underground waters as provided for in Section 14.08.010.
Section 14.08.130 - Registration. All persons as defined
herein (hereinafter referred to as "Well Contractors") who intend to
engage in the construction, deepening, reconstruction or destruction of
wells as defined in Section 14.08.116 which are located within Kern
County, must first register with the Department and furnish a copy of
their current California water well contractor's license (Class C-57)
and a Certificate of Insurance covering both Workers' Compensation,
Public Liability and Property Damage. Well Contractors must give the
Department written notice within fifteen (15) days of any suspension,
or revocation of either their license or appropriate insurance
coverage. No permtta will be Issued to any Well Contractor who fails
to meet both license and insurance requirements as set forth above.
Section 14.08.140 Expiration of Perml_t ~j__c~on~ A
permlt application lssued pursuant to thls Artlcle shall expire on the
ninetieth (9Oth) calendar day after date of Issuance if the work has
not been started and reasonable progress toward completion is not
maintained, except that the Health Officer may extend the expiration
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~ate of a permit when warranted.
Section 14.08.150 - Fees/ The Department has adopted a
published schedule of fees (non-refundable) to be paid by the permit
applicant to cover the cost of processing the permit application and
field inspections or tests incidental to issuance of any permit
pursuant to this Article. Such fees are subject to the approval of and
modification by the Hoard of Supervisors. All fees must be submitted
to the Department with the application for a permit.
Section 14.08.160 - ReDoft of Excavation. Any person who has
drilled, dug or bored a well for which a permit was issued shall,
within thirty (30) days after completion of drilling, digging or boring
of such excavation, furnish the Health Officer with a report of such
excavation. A copy of the report providing such Information submitted
to state agencies shall satisfy this requirement. The report shall
Include eotl/llthologlc log, E-log (If made), information concerning
the type of casing, the depth of the excavation, the number and
location of the perforations In the casing, the location, depth and
type of materials used In the sealing off strata, chemicals used in
drilling, and any other data required by the Health O[ficer.
Section 14.08.170 - ADDltcatlon for Permtt~
(a) Application for a permit required by'Section 14.08.120 of
this Article shall be made to the Department. Such application shall
be on forms furnished by the Department and shall provide all
information required by the Department pertaining to the project.
Every application shall be signed by the owner, or the authorized agent
of the owner.
(b) The following Information shall be furnished:
1. Owner's name, address and telephone number.
2. Whether the Intended use of the well is for
domestic purposes, agricultural, grounding,
observation, cathodtc protection, monitoring, or
for any other purpose or combination of purposes
regulated by this Chapter.
3. Location of well by reference to street address,
nearest streets or crossroads or other significant
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features end by reference to Section, Township, and
Range. The quarter of the quarter section to
contain the well shall also be identified. An
example would be the SW 1/4 of the NE I/4 of
Section 24, T2?S, R24E, or using the California
Department of Water Resources letter location
eystem, 27S/24E-24G.
4. The Assessor's Parcel Number (APN).
Dimenetoned plot plan lndlcatin~ north direction,
distances and locations of existing and proposed
structures, sewers or sewage disposal systems,
other wells, and any other potential source of
contamination or degradation on the property or
adjacent properties within two hundred (200) feet
of the well or proposed well.
6. Well drilling contractor's or eubcontractor's name,
address, and their contractor~s C-57 license number
and telephone number.
reconstruction, the method to
cable tool, rotary, reverse flow,
Estiaafed depth of well when completed.
9. Diameter, thickness and type of casing.
lO. Significant feature of well (e.g., conductor
casing, gravel pack, sealing, or perforation
locations).
(c) In addition to the foregoing, the Depsrtment may require
such other and further information relevant to the project as it may
deem necessary to determine whether the public purposes expressed in
Section 14.08.010 of this Chapter requires the denial of the permit or
the imposition of further conditions.
(d) If the well is to be located on a lot less than 2.5
acres (net} In size, the applicant must submit w~fh the application, a
Nature of the work to be done, whether
construction, reconstruction, destruction or other
work, and, in the case of construction or
be used, whether
or other method.
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pre-development plan. This plan must delineate the proposed location
of all structures and improvements, hewage disposal facilities, area
reserved for alternate sewage disposal system, and all potential
sources of contamination even on adjacent lots within two hundred (200)
feet of the proposed well site. It shall be the respons~bility of the
permit applicant to prepare a plan that demonstrates the proposed well
wll! not prohAbit the free and equal use of the adjacent properties.
(e) Copies of an issued permit shall be forwarded by the
Department to the applicant, the Kern County Building Inspection
Department, the Kern County Assessor's Department arid the Kern County
Water Agency.
Section 14.08.180 - Permit Denial. A permit may be denied
for any of the following:
1. Failure to supply any information required by or
requested pursuant to Section 14.o8.170 which is known to, or by the
exercise of reasonable diligence, can be acquired by, the applicant.
2. Failure to obtain required approvals from the Kern County
Planning and Development Services Department.
3. Failure to submit fees with application.
4. Failure to meet requirements of Sect]on 14.08.130
governing registration.
5. Failure to comply with Section 14.08.190 governing
setbacks from pollution sources, except if a variance has been granted
by the Health Officer pursuant to Section 14.08.s80.
ARTICLE III. WELL STANDARDS
Section 14.08.190 - General Location of Well.
(a) It shall be unlawful for any person to drill, dig,
excavate or bore any well in any location in which sources of pollution
or contamination are known to exist at such location whereby ground
water may become contaminated or polluted even when the well is
properly constructed and maintained.
(b) It shall be unlawful to locate a domestic well on a
or premises when a connection with a public water supply system willing
and able to serve such lot or premises, is available within three
hundred (300) feet or when a connection already exists. Agrlcultural
wells may be located in Agricultural Zone districts only.
(c) All wells shall be-located an adequate horizontal
distance from potential sources of contamination and pollution, with
due consideration given to local geological conditions and soil
permeability. In any event, as a minimum,
distances shall apply:
septic tank or sewer line 50 feet
subsurface sewage leaching field or pit privy 100 feet
cesspool or seepage pit 150 feet
hazardous materim! site 200 feet
animal enclosures 100 feet
storm water runoff eump or agricultural
drainage sump 100 feet
front property line (not Including easements) 25 feet
other property line (not Including easements) $ feet
agricultural or industrial well 200 feet
another well (except hard rock) lO0 feet
Class X, II, II! waste disposal well 200 feet
the following set back
(d) The effect on surrounding properties must be considered
when measuring set back distances. No approval by the Department
should limit Or hinder the free and equal use of property by adjacent
property owners, except where they have given their approval in writing
to the applicant. Such written approval shall be in a form
satisfactory to the Department and may be required to be recorded with
the County Recorder.
(e) Where extraordinary danger of degradation exists Or
special hazards are involved, the above distances shall be increased,
or special means of protection particularly in the construction of the
well, shall be provided as determined by the Health Offlcer. All wells
shall be located up gradient from the specified source of
contamination.
(f) All wells drilled within an A (Agricultural} Zone
District be set back m distance of seventy (70) feet from mid-section
lines and eighty (80) feet from section lines, except that where
circumstances Justify, an administrative variance may be granted
Pursuant to Section 14.08.380.
(g) The top of the well' casing shall extend a minimum of
one (1) foot above the 100-¥sar base flood elevation as determined
the Pederal Emergency Management Agency ("FE~L~"), Kern County Planning
and Development Services Department or by any special flood study
approved by rspreaentattves of Kern County. The proposed well
shall meet the minimum standards as provided in Chapter 17.48 of th~
Kern County Ordinance Code.
(h) Where the proposed well is to be located near a
building, such well shall be located far enough from the building
that It will be acdesslble for repair, maintenance, etc.
(1) The proposed well may not be moved more than five (5)
feet from the originally approved site location without a retnspection
of the new stte being performed by the Health Officer.
Section 14.08.200 - Well Castna Material and Installation.
~ell casing shall be new with a mtnlmu~ thickness of 3/16" (0.188").
All other requirements for casing m~tertals and installation shall be
as outlined in Chapter II, Part II, Section 12 of Bulletin 74-81
~ell Standards - State of California." Provided, however, that the
of fiberglass casing 15 not approved. PVC well casing ~ust display the
letKate NSF-wC. (National Sanitation Foundation - well casing.)
Section 14.08.210 - ~ell Construction. A well shall be
constructed in accordance with the standards contained in Chapter
Part II of Bulletin 74-81, "~ater ~ell Standards - State of
California," including the latest revisions thereof.
(a) Drilling Fluids or Additives - The use of any used
drilling fluids or additives for any purpose In the construction of a
well Is prohibited.
(b) The use of any polluted contaminated water in ~h~
actual drilling process or for flushing the well ho~e is prohibited.
(c) It shall be unlawful to inject any pesticide
chemical into the discharge pipe of a well which t~ not equipped wltl~
an approved backflow protection device or method as described in
Section 14.08.280,
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Section 14.08.220 - Cathodtc Protection Wells. Cathodtc
protection wells shall be constructed and sealed in conformance with
the cathodlo well standards set forth in Bulletin 74-1, "Cathodic
Protection Well Standards", Including the latest revisions thereof,
with the exception that the depth of the annular, seal shall be as
required In Section 14.08.240.
Section 14.08.230 - Hazardous Material Monitoring Well.
Hazardous material monitoring wells shall be constructed and
sealed in conformance with the standards set forth in Kern County
Health Department Publication
Section 14.08.240 - Seaiinq the UDDer Annular Space.
(a) The area between the wall of the well bore and the
well casing of the drilled hole (the annular space) shall be
effectively sealed to protect it against contamination or pollution by
entrance of surface and/or shallow, subsurface waters. The minimum
depth of the upper annular seal shall be as specified in subsection (b)
below.
(b) The minimum depth of the upper annular seal shall be as
follows:
for sealing a well shall be as specified
Section 9B of Bulletin 74-81.
Private Domestic Wells
Non-Public Domestic Wells
Public Domestic Wells
Industrial Wells
Observation and Monitoring Wells
Cathodlc Protection Wells
Air-Conditioning Wells
Agricultural Wells
Section 14.08.250 - Sealtnq Conditions.
in Part
50 feet
50 feet
50 feet
50 feet
20 feet
50 feet
50 feet
50 feet
The requirements
II, Chapter II,
Section 14.08.260 - Annular Seal; Sealtnq off Strata.
(a) When any well is to be constructed or reconstructed in
such a manner that it will penetrate two (2) or more water bearing
strata, one {1) or more of which has been determined by the Health
Officer to contain ground water of a quality which will cause the
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~egradatlon of ground water in the other strata if the waters are
allowed to intermingle, the undeetrable stratum ehall be sealed off
prevent the flow of the poor quality water through the annular spac,~
from degrading water In the strata containing water of an acceptable
quality.
(b) Whenever an aquifer containing poor quality water
required to be sealed off as provided in subsection {a} above, a
minimum of a twenty (20) foot annular seal shall be placed in the
confining formation separating the aquifer containing poor quality
water from the aquifers containing acceptable quality water. Ai~
electrical geophysical log of the well shall be run to assist in the
placement of the annular seal, and a copy made available to the
Department. The etrata producing the undesirable quality water shall
be sealed off by pumptng an impervious material opposite the strata no
lese than twenty (20) feet, even when the confining formation is less
than twenty (20) feet in thickness. The sealing material shall fill
the annular space in the interval to be sealed, and the surrounding
void spaces which might absorb the sealing material. The sealinq
material shall be placed from the bottom to the top of the interval to
be sealed.
(c) Gravel chute shall extend through the annular seal
least two (2) feet into the gravel pack.
(d} Sealing materials shall consist of neat cement, cement
grout or cement. In areas of eubsidence or under special conditions,
the use of other approved sealing materials may be allowed with prio:~
approval of the Health Officer.
(e) In areas where deep subsidence may occur (as, fo:~
example, portions of the San Joaquin Valley), provision shall be made
for maintaining the Integrity of the annular seal in the event of
mubmidence. Such preventive measures may include the installation of a
"sleeve" or "slip Joint" in the casing, which will allow vertical
movement In the casing without its collapse.
Section 14.08.270 - Well Development
Developing, redeveloping, or conditioning of a well shall be done with
care and by methods which will not cause damage to the well or cause
adverse subsurface conditions that may destroy barriers to the vertical
movement of water between aquifers. -The following methods used in the
developing, redeveloplng, or conditioning of a well when done with care
are acceptable:
(al
(b)
(c)
(d)
when such
penetrates
barrier.
Overpumping.
Surging by use of a plunger.
Surging with compressed air.
Backwashing or surging by alternately starting and
stopping the pump.
Jetting with water.
(f} Introduction of chemicals designed for this purpose.
(g) Bailing.
(h) A combination of the above.
The use of explosivea for development shall be only by
licensed for that purpose. Special care shall be exercised
explosives are employed in development of a well which
two Or more distinct aquifers separated by a natural
The use of any chemicals for the purpose cf development of a
well, or any other purpose(s), shall be included on the Well Drillers
Log, or if performed by other than the driller on a separate report.
Where chemicals or explosives have been used, the well shall be pumped
to remove residue from such chemicals and/or explosives to restore the
water quality of any affected aquifer to the water quality conditions
which existed prior to the use of such chemicals and/or explosives.
Section 14.08.280 - Surface Construction Features.. Wells
drilled for the purpose of producing water for any beneficial use shall
be equipped with the following features, installed as outlined in
Chapter II, Part II, Section 10 of Bulletin 74-81:
(a) Disinfection access/sounding tube.
(b) Screened air vent (optional for
wells).
(c)
Department.
(d)
flowing artesian
A backflow protection device or method approved by the
Unthreaded sample spigot.
17
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Section 14,08.290 - Responsibility for ~p~9~ce~ [t
the responsibility of the Nell Cobtractor to construct the we~l
accordance with Article X[I of this Chapter, except for surface
construction features.
It is the responsibility of the owner of the well to suppllt
all surface construction features (i.e., slab, watertight sanitary
seal, backflow protection device, vent, sounding tube and sample tapl,
and all required water quality analyses.
Section 14.08.S00 - Surface Sealinq.
(a) All wells hereafter constructed, deepened or
reconstructed shall, prior to being placed into service, be provided
with: A watertight reinforced monolithic concrete slab a mtnlmuz~
thickness of six (6) inches, set a minimum of four (4) inches above
ground level at the well site, and extending horizontally at least:
three (3) feet from the edge of the well casing in all directions, and
covering the unsealed portion of the well excavation, except that:
monitoring wells, as defined in Section 14.06.074, shall have a minimum
concrete slab two {2) foot by two (2) foot with a minimum thickness of
six (6} inches. The concrete slab shall be constructed so as to
adequately drain water away from the wel! casing. Where deviation from
this pattern of construction would serve a practical purpose without:
lessening well protection, the Health Officer may approve such
deviation. All wells shall be provided with a sanltary seal so as
prevent surface water from entering the well. ~iach slab {or well)
shall be identified by the name of the owner on the well permit, or APN
number, or other approved method.
(b) In those cases where it is not possible to meet the
horizontal set back d/stances from pollution sources described
Section 14.08.190, an alternative means of protection for the well may
be to increase the depth of the upper annular sea]. Where horizontal
set back distances cannot be met or adverse or special hazards exist
(such as perched water), the depth o~ the upper annular seal shall be
increased am required by the Health Officer.
(c) In hard rock formations, the minimum depth of sea]
shall be twenty (20) feet or one (~) foot into hard rock if encountered.
first. Sampled hard rock cuttings shall be collected and held at the
site for inspection of the Health Officer.
(d) Annular seals of one hundred (100) feet or less In dry
formations may be poured. All other seals shall he positively placed
from the bottom upward using a pump or by air preset/re.
(e) All seals shall set forty-eight (48} hours after
placement If an accelerator is not used. A twenty-four (24) hour set
time may be allowed if the sealing material contalns an accelerator.
(f) During the pumping of sealing material for the annular
seal, all standing water must be allowed to drain off and not
Incorporate Into the annular seal nor Into the slab.
Section 14.08.310 - Disinfection of Wells. Every new,
deepened, repaired or reconstructed individual domestic or community
water supply well, after completion of construction, deepening, repair
or reconstruction, and before being placed in service, shall be
disinfected by a method approved by the Health Officer to produce water
meetlng bacteriological standards as set forth in al~pllcable State laws
end regulations.
Section 14.08.320 - Other Sanitary Requirements. The gravel
used in gravel-packed wells, and lubricant mud shall meet the sanitary
requirements of Bulletin 74-81, Pert II, Section
Section 14.08.330 - Water QuelIt¥ Testtnq.
{e) Water from all wells which provide water for any
beneficial use shall be tested radiologically, bacteriologically and
chemically by a State Certified Laboratory. The :results of all such
laboratory water testing shall be submitted to the Health Officer
within ninety (90) days of drilling or reconstructing the well.
(b) Water from all wells that will be used in food
processing or public domestic water systems shall comply with the
Domestic Water Quality Standards contained in California Code of
Regulations, Title 22, Domestic Water Quality Monitoring Regulations,
Sections 64401 st. seq. or the latest revision thereof, or adequate
treatment facilities to remove the constituent(s) that is in non.-
compliance shall be Installed.
(c} Water from reconstructed wells shall be tested
bacteriologically and meet the same standard as new well~. When deemed
necessary by the Health Officer, they shall meet the same chemical
standards as new wells.
(d) Chemical, radiological, and bacteriological tests shall
be the responsibility of the owner.
(e) Water from agricultural wells shall have, as a minimum,
a standard agricultural analysis by a State Certified Laboratory.
Section 14.08.340 - Approval bv Health Officer, No water
from a new or reconstructed domestic well shall be used for domestic
purposes until the well is given final approval by the Health Officer.
Section 14.08.350 Well Conversion. Before any non-
domestic well can be converted to domestic use, it must first have
Department inspection and be brought lnto compliance with this Chapter.
Section 14.08.360 - Well Destruction. All abandoned wells
shall be destroyed in such a way that they will not produce water or
act as a channel for the interchange of water, when such interchange
will result in significant deterioration of the quality of water in any
water-bearing formations penetrated, or will present a hazard to the
safety and well-being of people or animals. Destruction of a well
shall consist of the complete filling of the well tn accordance with
the procedures prescribed in Section 23 of Chapter II of the California
State Department of Water Resources Bulletin No. 74-81. Provided
however, that the top fifty (50) feet shall be sealed with concrete or
other approved sealing material. All abandoned wells shall be
destroyed within ninety (90) days of abandonment.
Section 14.08.370 - Out of Service W~!~z Any newly
constructed well that has not been completed and given final approval
of water quality and surface construction features within ninety (90)
days of the cessation of drllling shall be declared out of service or
properly destroyed. Any existing well that has not been used for a
period of one (1) year shall be properly destroyed unless the owner has
filed a "Notice of Intent" with the Health Officer declaring the well
out of service, and declaring his intention to use the well again.' As
evidence of his intentions for future use, the owner shall properly
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maintain the well In such a way that:
1. The well has no defects which will Impair quality of
water In the welI or in the water-bearing formations penetrated.
2. If the pump has been removed, the well shall be covered
with a watertight seal to prevent injury to persons and the entrance of
undesirable water, rodents or foreign matter.
3. The well is marked so that it can be clearly seen.
4. The area surrounding the well is kept clear of brush or
debris,
5, RedeclaratIon of Intent shall be made upon request of
the Health Officer.
Section 14.08.380 - Administrative VarIanc~ The Health
Officer may grant an administrative variance to the provisions of this
Chapter where a determination has been made upon the basis of evidence
submitted by the owner or his representative demonstrating that a
modification of the well standards as provided hereill will not endanger
the health or safety of the consumer of the water, or the pubIic
generally, or contribute to ground water degradation, and strict
compliance would be unreasonable In view of all the circumstances.
ARTICLE IV. DOMESTIC WATER SUPPLY SYSTEMS
Section 14.08.390 - Permits. No person shall construct or
operate a non-public or public water system unless a petition and plans
and specifications are first filed with the Department, a permit is
Issued as provided in this Article and such permit is not thereafter
revoked, suspended or otherwise becomes Invalid.
Section 14.08.400 - Application. The provisions for permit
and application issuance are as provided for In the Safe Drinking Water
Act, California Health and Safety Code Division 5, Part 1, Chapter ?,
Water and Water Systems, Sections 4010 through 4039.5, including the
latest revisions thereof.
Section 14.08.410 - Deslqn and Construction.
(a) The design and construction of a new public system and
the design and construction of changes in the distribution system of an
existing public water system shall meet the minimum standards specified
in the California Waterworks Standards, Title 22, California Code of
Regulations, Articles ! through 5, Sections 64553 through 64644,
including the latest revisions thereof.
(b) Public water systems not having multiple sources shell
provide a minimum of two (2) days storage. (two hundred fifty (250)
gallons/connection/day)
(c) All facilities of the distribution system shall be
designed and constructed to withstand ample safety factors, the
physical stresses to which they will be sub~ected and shall be free
from structural or sanitary hazards. All water supply systems shall be
so demigned and constructed that they have an adequate capacity to
continuously supply pure, wholesome, safe and potable water.
Section 14.08.420 - Modifications. No person shall make
major modifications or changes in their water supply system until they
first file a petition to do so, and receive an amended permit, if
required, from the Kern County Health Department authorizing the
modification.
Section 14.08.430 - Source ADDroyal. All water sources used
for domestic water supply must have the approval of the Health Officer.
Water which is not obtained from an approved source, free from
pollution, shall not be used for domestic purposes unless it is
adequately purified and disinfected by artificial treatment to Insure
compliance with the Domestic Water Quality Monitoring Regulations
contained in California Code of Regulations, Title 22, Chapter 15,
Articles I through 9, Sections 64401 through 64501, including the
latest revisions thereof.
Section 14.o8,440 - Certification of Deslqn. All new public
water systems shall be designed and installed under the direction of a
qualified civil engineer, duly registered in the State of California.
Section 14.08.450 - Domestic Water Quality and Monttoringt
Water from public domestic water systems shall meet the requirements
of, and be monitored in accordance with, the regulations establtshmd in
the California Domestic Water Quality and Monitoring Regulations, Title
22, California Code of Regulations, Chapter 15, Articles 1 through 9,
Sections 64401 to 64501, including the latest revisions thereof.
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Section 14.08.460 - Sackflow Preventio~ The protection of
the public water supply against actual or potential cross connections
shall be as provided for in Cross Connection Regulations, Title 17,
California Code of Regulations, Sections 7583, et seq., including the
latest revisions thereof, or in any applicable Kern County ordinance
which is enacted after the effective date of this Chapter.
Section 14.08.470 Non-Public Systems= A water system
intended to serve more than one (1} and less than five (5) connections
shall be installed according to the requirements of the Health
Department as outlined in "Guidelines for the Permitting of Non-Public
Water Systems". Application for a permit shall be made prior to
construction of the system as provided for in Section 14.08.400.
Section 14.08.480 - Operation and Maintenance.
(a) All water systems shall be operated so as to
continuously provide an adequate supply of pure, wholesome, safe and
potable water.
(b) All personnel responsible for operation and
maintenance of a water system shall have sufficient experience and
training to qualify them to properly perform their duties. Specially
designated personnel shall be available for call during nights,
weekends and holidays to meet emergencies.
(c) All water systems shall maintain complete and
up-to-date maps of the utility system as well as results of
bacteriological and chemical analyses of water, and such other data as
may be required by the Health Officer.
(d) All structures, facilities and equipment of the water
system shall be operated and maintained in a safe and sanitary manner
and kept in good working condition.
(e) Facilities and equipment of the utility shall be kept
clean and in good working condition.
(f) Repairs shall be made without undue delay.
(g) Proper equipment, tools and repair parts shall be
available and in good condition for use in emergency repairs.
Section 14.08.490 User Connection_..~ora~p~_ The
Department may file a notice with the local building inspection
23
authority requesting that future user connections to a substandard
water system be dented. Thts notice shall remain in effect until such
time as the person responsible for the water system corrects the
deficiencies and demonstrates the ability tO reliably and safely serve
existing and/or additional customers. This notice may be filed within
thirty (30) days after the water system has been notifled of the
proposed action. It is the responsibility of the water system to
notify each customer (active or Inactive) of fhe pending moratorium.
ARTICLE V. INSPECTIONS, ENFORCEMENT, AND APPEALS
Section 14.0E.500 - Inspections.
(a) The Health Of flcer or his duly authorized
representatives, including the Agency, may conduct inspections at any
time to Insure compliance with the requirements of this ordinance. The
Health Offlcer may prescribe mandatory inspection of domestic well
projects, and of projects on whlch he deems it necessary. The stag~at
which each Inspection Is required shall be set forth in the
(b) It shall be unlawful for any person to continue to work
on a project past the slags at which an Inspection has been prescribed
pureuanf to this Sectlon or the permlt until such inspection by the
Health Officer has been completed or waived. A permittee, or one
acting on his behalf, shall make an inspection appointment with the
Health Officer at least twenty-four (24) hours prior to the estimated
inspection time. However, the failure of the Health Officer to make
any Inspection shall not be deemed a waiver of any future inspections,
or any of the enforcement provisions of thls Chapter.
(c) Unless otherwise specified or required, each well under
construction shall recelvm a minimum of three inspections:
1. Sits
2. Annular seal
3. Final
(d) After the work on a well has been completed, the Health
Officer shall be so notified by the person performing the work and the
Health Officer shall conduct a final inspection thereof, unless
inspection has been waived by the Health Officer.
(e) The Health Officer may request receipts, and/or
24
affidavits to be submitted when certain inspections are waived.
(f) No water from a new] deepened or reconstructed well
shall be used for domestic purposes until a final inspection is made
and the well and water quality are approved by the Health Officer.
Section 14.08.510 - Emerqenc¥ Work. ~hould persons or
property or a well be threatened by a sudden, unforeseen impairment in
the quantity or quality of ground water so that it becomes necessary to
continue work, or to replace or modify or increase the existing supply,
and a permit or inspection cannot be obtained because the Department's
offices are not open, the well may be constructed or reconstructed
without a permit or without an inspection, provided no other property
is served by the well than was served before the emergency work became
necessary. All work done under such emergency conditions shall comply
with the requirements of this Chapter. In all such cases, the person
who caused the work to be done shall file a statement with the
Department during the next regular business day following the emergency
work, indicating the reasons for the emergency work. The Department
shall inspect the well and order the person who caused the emergency
work to be done to perform such other and further work, if any, as may
be necessary to bring the well into conformity with the requirements of
Articles II and III of this Chapter. The terme of such an order shall
be deemed permit conditions within the meaning of Section 14.08.120 of
this Chapter.
Section 14.08.520 - Permit Not Required. No permit is
required to install, replace or repair a pump on an existing well or to
redevelop an existing well.
Section 14.08.530 - Delav in Processinq Permit. If an
application for construction or reconstruction of a well has not been
granted or denied within ten (10) business days of the f~ltng of the
application with the Department, the Department shall mail to the
applicant, before the close of such day, a written status report of the
application. If during such time period the Department has not
requested from the applicant additional information relevant to the
processing of the application, the applicant shall be entitled to
appeal such delay in processing the permit application to the Board of
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~upervl$0rs in the manner provided in Section 14,08.590 of this
Article.
Section 14.08.540 Stop Work Order, Whenever the
construction, deepening, reconstruction or destruction of any well is
being carried out contrary to the requirements of this Chapter, the
Health Officer shall order work to stop by postlng a notice to desist
at the well site. It shall be unlawful to do further work until the
Health Officer determines that the necessary corrections have been
made. It shall be unlawful to perform any work for which a permit has
been granted pureuant to this Chapter without complying with the
conditions of such permit.
Section 14.08.550 - Disposal Wells. It shall be unlawful to
dispose of any material into a domestic well or any abandoned well
unless approval is first obtained from the Agency having Jurisdiction
over such matters.
Section 14.08.560 Declaration of Nuisance. All wells,
constructed, reconstructed, deepened, destroyed or placed out of
service after the effective date of this 0haptar, not in accordance
with the terms of this Chapter, are hereby declared public nuisances
which may be abated In accordance with the provisions of this Article
Any existing wells which the Health Officer declares to be a pollution
hazard, contamination hazard or a safety hazard may be declared a
nuisance.
Section 14.06.5~0 - Abatement Order. Whenever the Health
Officer determines that a nuisance as defined in Section 14.08.0~8 of
this Chapter exists, he may issue the landowner a written order to
abate such a nuisance. The order shall state the conditions productive
of the nuisance and the time determined by the Health Officer to be
reasonable to accomplish such abatement, but not less than two (2~
weeks from the date of such notice. It shall also state that unless
the nuisance is abatad or a notice of appeal filed with the Clerk of
the Board of Supervisors, the Health Officer will abate the nuisance
and the cost of such abatement may be added to the tax roll as a
special assessment against the property.
Section 14,08.580 - Not~ce; Personal Delivery; Ma~lt_n_g~
Posting. The order of abatement shall be mailed to the owner or owners
of the premises as their names and addresses appear upon the last
equalized property tax assessment roll and either personally served
upon an adult person occupying the premises, or if such person cannot
be served, by posting such order of abatement in a conspicuous place on
the premises. In the event that a nuisance is not abated in accordance
with the order of abatement, the Health Officer may proceed to abate
the nuisance.
Section 14.08.590 - Appeal of Dental or Conditions or Order
of Abatement. If the Department denies an applicatloe for a pernit, or
Issues a permit subject to conditions which the applicant believes to
be unreasonable, or gives an order of abatement, the applicant may
appeal the decision of the Department to the Board of Supervisors. The
notice of appeal shall set forth each and all grounds of objection to
the decision appealed. The Board of Supervisors shall forthwith file a
copy of the notice of appeal with the Department. The Board of
Supervlsorm shall, within thirty (30) days after the receipt of a
written appeal, hold a hearing to determine whether the permit shall be
issued to the applicant, and if a permit is to be issued, the terns and
conditions under which it shall be issued. Such a hearing shall be
conducted in accordance with Section 14.08.610 and may be continued
from time to time by the Board. The decision of the Board of
Supervisors shall be rendered within seven (?) days after the
conclusion of the hearing and the decision shall be final as to all
matters determined. Notice of the decision shall be given as provided
in Section 14.O8.B20.
Section 14.08.600 - Judicial Review of D~ci~s~o~. Judicial
review of a decision of the Board of Supervisors nade after a hearing
pursuant to this Article, If the decision is to deny the permit or to
issue the permit subject to conditions asserted to be inappropriate,
shall be made pursuant to Section 1094.6 of the Code of Civil Procedure
of the State of California. The method of Judicial review, the tins
limits for Judicial review and all of the other provisions of said
Section 1094.6 shall govern such Judicial review. The Board of
Supervisors shall give written notice to the applicant that the time
within which Judicial review must be sought is governed by said Section
1094.6 of the 0ode of Gtvil Procedure.
Section 14.08.SlO - Hearing; Conduct. At the date and time
set, a public hearing shall be held before the Board of Supervisors.
The owner and any other person requesting such hearing may be
represented by counsel. The Board of Supervisors shall hear all
pertinent evidence offered by all interested persons. The technical
rules of evidence shall not be applicable to the hearing. All persons
giving evidence shall be sworn before testifying. The owner and any
other person requesting such hearing may employ a certified
stenographic reporter to report the hearing. The Board may continue
said hearing from time to time.
Section 14.08.620 - Hearinq~ Decision. At the conclusion of
the hearing, if the Board of Supervisors determines that a public
nuisance exists, It shall thereupon order the nuisance abated no sooner
than thirty (30) days following the mailing by the Clerk of the notice
of the Boardis decision. The Board shall determine the manner in which
the nuisance shall be abeted. Such notice shall be sent by regular
mat! to the person requesting the hearing at the address set forth in
such request, and to any other person who files a request therefor with
the Clerk.
Section 14.08.630 - Abatement. If e nuisance is not abated
or a hearing sought within the time specified in this Article, or if
after a hearing, a nuisance is not abated, the Health Officer may
proceed to abate the nuisance by force account contract.
Section 14.08.640 - Accounting. The Health Officer shall
file with the Clerk of the Board of Supervisors a report specifying the
work performed, the Itemized and total cost of the work, a description
of the real property upon which the well is or was located, and the
names and addresses of the owners as their names appear in the /atest
equalized property tax assessment roll.
Section 14.08.650 - Hearing: Accountinq~ A hearing before
the Board of Supervisors shall be held on the report described in
Section 14.08.640 at which time any protests or objections thereto will
'be heard. The Clerk of the Board of Supervisors shall mail notice of
the hearing to the owner or owners of record at least ten (10) days
prior to the hearing. The Board of Supervisors shalI determine at the
hearing the correct charge to made for the work. The owner or owners
of record shall be given notice by mail of the determination of the
Board of Supervlsore, which notice shall Inform the owner or owners
that the costs may become a lien against the property as provided
herein. If such costs are not paid within thirty (30) days of mailing
of the notice of determination by the Board of Supervisors, the costs
shall be assessed upon the property Involved forthwith as a special
assessment and shall be a lien on the property for the amount thereof
from the t~me of the mailing of the notice of determination.
Section 14.O8.660 - Punishment. Violation of any section of
th~s Chapter is a misdemeanor end is punishable by a fine of not less
than one hundred dollars ($100) nor more than one thousand dollars
($1000) or by punishment of both a fine and imprisonment in the county
Ja~l not to exceed six (6) months.
KBP:drb/HD2
88-Water.Ord