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- ,r ORDINANCE N4, 185
ORDINANCE AMENDING CHAP" 23B ENTITLED
"WATER WELLS"TO THE BUTTE COUNTY CODE.
The Board of Supervisors of the County of Butte, State of Ca].ifarnia Dfl
G}RAATN as follows:
1. Chapter 23 B is added to the Butte County Code to read as follows:
CHAPTER 23 B WATER,WELIS. _
Section 23 B _- 1, ose. It is the purpose of this chapter to
provide minimum procedures for the proper construction of domestic water wells
for the proper destruction of abandoned webs and the proper construction of
drainage wells in order to insure that water obtained from we]1s within the.
County of Butte will be suitable for the purpose for which used and that we11s
constructed or abandoned. pursuant to this chapter wi11 not cause pollution or
impairment of the quality of the ground waters within the County.
Section 23 B - 2. Definitions. For the purposes of this chapter,
the fallowing words and phrases shall have the meanings respectively ascribed
to them.by this section: ~ _ ~. ~ .
.~ .A. Public water sunoly well. A water well constructed or used to
supply water for domestic purposes in systems subject to Chapter 7, Part T~-pf _~.-
Division 5 of the California Health and Safety Code, including water we~.ls.used
to supply water to any premise which contaiz~ or is proposed to contain a mobile
home park, multi-family residential uaaits in excess of four living units, public
or private schools or restaurants and shall include any well serving an~average:
of at least twenty five individuals at least sixty days out of the year.. _~
B. Tndividual~Domestic Well. A water we11 constructed or. used to
.supply domestic water to a residence or residential premises'or commercial- '
establishment, eaccept for those resident3:a1 premises or commercial establishments
referred to in A above and including any irrigatioh. we11 which ~.s intended to be .~
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used also to supply domestic water to a premise, .
. C. Abandoned We11. A we11 which is a public nuisance ar which has
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not been used for a period of one year and is not being properly maintained.
Far purposes of th~.s definition, proper maintenance shall include but not be
limited to (1) the prevention of conditions which could impair the quality of
water in the well or in the water bearing formations. penetrated and (2} maxk3:ng
the. well and keeping the surrounding area clear of .brush and debris so that the
well, can be•clearly seen. Abandoned well shall include a well drilled to secure
water but which is•a "dry hole" and not to b® used for water,
D. Dr_air~a~,e Well. Drainage well shall mean any hole or well dugs
drilled, bored or otherwise constructed for the purpose of disposing of "storm
drainage water into sub-surface strata.
Section 23 B - 3. Permit R.ecauired. No person, f3.rm association, .
organisation, partnership, point venture, business trust, corporation, company
or special district formed under the laws of this State sha11, within the unincor-
porated area of the County of Butte construct any water we11 within au area served
'by a public water system, or away water well on a premise served by a public water
system, or construct a public water supply we11~ individual domestic well, ~~~
drainage well, or destroy any abandoned well unless a written permit has first
been obtained-from the Health Officer of Butte .County as provided in this. .
chapter.
Section 23 b - 4. Permit ;~~~lication. Applications for permits sha7:1
be made to the Health Officer of the County of Butte together with the appropriate
fee specified in the Resolution Establishing Wel.1 Standards. Applications shall .
be made on forms provided by said Health Officer. Applications .for permits to
construct a well sha11 include the followa.ng information: r
A. F,ocation of the property and the Assessor•Parcel number.
B. Name and address of the person who will ecnstruct the well.
C . 1'he proposed min3.mum depth of the well . ~ .
• D. Proposed use of well.
E. An accurate plot plan which will show within a rad~.us of two
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hundred feet (200'), the followfing:
{1) Property lines and existing and proposed buildings.
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{2) .Sewage disposal systems, sewer ].fines, and arm other
,works carrying or containing sewage.
(3) All intsrmittex~.t perennial, natural or artificial bodies
of water or water courses.
(~4) Other wells.
(5) The approximate suxface drair~.ge pattern of~the
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property and areas subject to flooding.
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Applications for pex~naits to destroy an abandoned well shall_3.nclude such
infor~natfion as the Health Officer deems necessary but not_ more than that required
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by~this section for permits to construct. -
Section 23 B - ~. Well Standards. Standards for constru,etion of-wells
and for .destroying abaradorued wells shall be adopted by resoluta.ora, of 'the Board -
of Supervisors of the County of Butte and may be modified from time to time.:by- .
resolution. - _ ~. -
Section 23 B - 6. Persons to Whom Permits Shall be~Granted. .Permits
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shall be~granted~pursuant to this chapter only to the owner of the property in-
question, his authorized representative, on to a person hald~.ng a valid license
as a general contractor or well er pump co~nactor.
Section,~23 B - ?. Permfit Valid for One Year. Permits issued purs~,iant. '.
to this chapter shall be val.~.d for one year and shall automatically become void
.one year from the date. of 3.ssuance uril.ess renewed prior to the expa.r'ation date.. -
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Section 2,~ B g. Fill of Well Dril7.er's Re ort. Upon completion
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of a will, the owner or licensed we11 driller sha11 file a copy of a WeL"~.
.
~ Brd,l].erf s Report w~.th the Health Offa.cer: Said report shall be filled out
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completely, signed by the well driller and shall include a well log and such
other information as will enable the Health Officer to determine that the well
was installed in compliance with the standards requ~.red by this Ordinance and.
the resolution establishing well standards. This provision shall not be deemed
to.release any person from compliance with the provisions of Article 3, Chapter
10, Division 7 of the Water Code of the State of California or any succession or
amendment theretop Na work sha]1 be deemed to have been completed until such
Well Dri~.a.er's Report has been rECeived by the Health Officer. .
Section 23 B - 9. ~ns~ections. The Health Officer or hiss designated
representatives are hereby empowered to enter upon private property in order to
make i~aspections for the purpose of enforcing the provisions of this chapter. A .
final inspection of the work performed on arty well pursuant to this chapter. shall
I'I be made by the Health Officer un7.ess such inspection is waived by him, and no
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permitee shall. be deemed to have eompl3.ed with this chapter o~ his permit until
such inspection has been e~.ther made and the iisstallation approved, or waived.
In la.eu of an a.nspection of a drainage well, the Health Officer may accept . -
a log of said drainage we]1 from a licensed well driller or licensed engineer
which log shows said dry well to be ~.n conformity w3.th the requirements' of this
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~ Ordinance. ~ ~ .
Section 23:-B ~.- 10.x:.-.~uio7.ations::"penalties: ~.~.Axiy~-cozzstruEt~.an~ repair ~ .
or reconstruction of any well or a.ny destruct~.ori of any abandoned well in - -
violation of the provisions~of this chapter sha11 constitute a misdemeanor ,
punishable as prescribed 3.n Section 1~7 of this Code. Provided, however, that
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nothing herein shall be deemed to abrogate or annul the r3.ght to~enyjoin°or abate
such violations by civil action.
Section 2 B - 11. Count action not antes. This chapter shall
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1 f~ not be construed as imposing ugon the County any liability or responsibility for
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2 6~ damage resulting from the defective construction, repair or reconstruction of
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~ _ any we11 or any destruction of any abandoned we]1. Furthers neither the issuance
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~~ of a permit pursuant to,this chapter, final inspection of work performed on any
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s~ we~.l pursuant to this chapter nor the waiver of such final ,inspection shall be,
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0 nor construed to bey a guarantee by the County of Butte that suitable water in
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'~ sufficie~,t quantity is available from any well. ~ -
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2. ~ This ordinance shall take effect ~30 davs after oassa~e ,~ and prior to the
it
f exp3.ratian of Fifteen (15) days from the passage thereof shall be .published at
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~ least once ,_,, _~ the Chjco-Ertternrise 12e~ord_ _ _ ~ a newspaper. of -
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~l general circulation, published and 'circulated in the County of Butte with the .
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~` names of the members voting for and against the same.
~ 2 ~( _
~~ PASSED ANU Al}OPTED by the Butte County Board of Supervisors this 26th day
13 !~ July -. _ -
~ 19'77, by the following vote ...
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AYES: Supervisors Lemke,-Madigan, Moseley, Winston and Chairman Richter -,
` NOES: None
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ABSENT :. None -
None ~ ~ .
NDT VOTING:
ATTEST: ~ /~ ~ •
- BERNARD RSCHTER, Chairman of the
Board of Supervisors.
CLARK A. NELSON, County Clerk and _ ~ .
sx officio Clerk' of the Board
by Cam. k ~ ~ -