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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 2 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 3 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. 4 OI 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 9 ~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 10 O 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. 1! 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, 14 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 15 ~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 "' O 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 2O 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. 22 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 · O ~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