HomeMy WebLinkAbout3228~rdinance Na. ~~2~
An Ordinance Amending Chapter 23B of the
Butte Coun~y Cade, Enta.tled "Water Wells"
The Baard of Supervisors o£ the County of Butt~ ordazns as
fallaws:
Sectzon 1. The Wat~r We7.l Ordinance, Chapter 23B of the Butte
County Cade, as amended to read as foilows: ~
"Water We11s
Section 23B-1. Purposes.
Tt is the purpose o~ this Chapter ta provide minimum
procedures ~or the proper construction a~ water wells and
tar the praper des~ruction af abandoned wells in order to
~nsure that wat~r obtaz.ned from wel].s within the County
of Butte will be suitabia for the purpos~s far which used
and that wells canstructed or abandoned pursuant to this
Chapter wilZ not cause pa~.~.ution or impairment o~ the
quality af the groundwater with~n the County.
Section 23B-2. Det~nitions.
For the purposes of tha.s Chapter, the following words and
phrases sha~.i have the meaning respec~ively ascrib~d to
th~m by thzs section:
(a) Public Wa~ex s~pply We~.7.: A water well.
constructed or used to supply water ~or
domestic purpases in systems s~bject to the
requiremants of seetions 40].0 et seq. a~ the
California Health a~d Safety Code (California
State Sa~e Dr~nking Water Act), or as amended.
(b) Individua~. Well: A we~.l or water we~.]. meeting
the de£initions of we11.s or water wells in
Chapter I~, part I, general A-K (bulletzn 74-
81), Water We].~ Standards, State of
Ca~.ifornia, except groundwater manitoring
we3.ls less than fif~een (15) feet in depth.
This de~~nitian includes agricu3.tural wells.
(c) Abandoned We~,i: A we3.1 wh~.ch is a public
nuisance ar which has nat baen used for a
period of one (~} year arid is nat being
properly maintained. For purposes of this
definition, proper maint~nance shall include
but not be ~imited to (1} the prevention of
candit~ons wh~ch could impair the qua~ity a~
water in the we~l or in the water-bearing
formatians penetra~ed and {2) marking the well
and keeping the surrounding area clear of
brush a~d debris so that ~he w~~~ can be
clearly seen. Abandoned wells shall include a
well drilled to secu~e wa~er but which is a
"dry hole" and not to be used ~or water. Dry
holes nat cased, sea~ed and completed as an
ind~vidual well or pub~zc watar supply well
shall be destrayed under permit prior to
abandonment o£ the site by the wel~ dri~~er or
commencement af a new drill ha~e. Abandoned
wells sha1Z alsa include drainaga we~ls which
are no longer being utilized ~or drainage.
(d} Drainage Wel~.: "Draa.nage we11" shalZ mean any
hole or well dug, dri~~.ed, bored or otherwise
aonstructed for the puxpose o~ d~.spasing o~
stornn drainage water inta subsurface strata.
(e) 8eal~.h o€fzcer: The Health O~ficer of the
County o~ Bu~te or his or her au~horized
representative.
(~) Pit~.ess Adap~er: Water--tzght casing surface
seaJ. ~nit man~fac~tured for the purpose of
praviding a leak-~ight casing.
(g} Distxic~: Means a district who3.3.y ar in part
].acated within the boundaries of the county,
which is a purveyor o~ waters for
agra.cultural, domes~ic, ar municipaJ. use and
which has adapted a reso~ution of intention to
adapt a groundwater management plan for
purposes of imp3.ementing the plan and
establishi~g a groundwater management program
p~rse~ant to the provisions af Water Code
Sections 7,0753.2, et sea. This d~~inita.on
also includes the Butte/Sutter Bas~n Area
Groundwater Users Corparation organized on
January 2~, ~992 under ~he non-pro~it mutua~.
benefit corpora~ion law.
(h) +tGroundwa~`er~~ : Means all. water beneath the
surface of the ground, whether or not f~.owing
through known and definite channels.
Section 23B-3. Permit requi.~ed.
No persan, firm, association, organization, partnership,
joint ventu~e, business trust, corporation, company,
_~..
Federal, State or local agency, or spec~al district
foz-m~d under the ~aws a~ this state shal~, within the
unincarporated area of the County o~ Butte, c~nstruct,
repair or deepen any public water supply well, ar
~.ndividua]. well, or destroy any abandon~d we~l unl~ss a
w~ittan pe~it has ~irst been obtained frara the hea~th
officer as prov~.ded in this Chapter.
Section 23B-4. Permit app].a.aation.
Applications ~or pe~mits sha~.l be made to the health
oEficer tagether wath the required fee established by
ord~nance by the Board ot Supervisors of th~ County of
Sutte. I~ canstructi.an, repa~.r, deepen~ng o~ destruction
of a well is begun prior ~a obtaining a per~a.t, the fee
~or such permit may be daubled, but sha11 nnt relieve any
person ~rom ful~y comp].ying with the provisions of this
Chap~er nor fr~m any other penalties described in this
Chapter. Applicatians shall be made an forms pr~vided by
the health officer. App3.ications for permits to
construct, repair or deepen a we11 shalZ include the
£allowing a.nfo~ation:
(a) Location af the we~.l on the
property/parce~, assesso~'s parcel.
n~mber, township, range and section.
(bj Name, address and contractor's
}.icense number of the person who
wi~l construc~ the we1.1.
(c) The proposed depth o~ the well.
(d) Proposed us~ of the welJ..
(ey An accurate plat plan which wa.l.l
show within a radius o~ two hundred
(200) feet the followi.ng:
(1) Property lines with
dimensions and exist~ng
and propased buildings.
(2) Sewage disposal systems,
sewer lines, and any
ather works carrying or
contai.n~ng sewage.
(3) All. intermittent
per~nni.a3., natural or
artificial bodies of
water or wa~ercourses.
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(4) A~x athar existing wells.
(5) The appzaximate sur~ace
drainage pattern ot the
property and areas
subject ta flooding.
(6) Locatian o~ the well ta
be constructed, repaired,
or deepened.
(~) Proposed diameter of th~ well. caszng
fo~ the weZl ta be canstructed,
r~paired, or deepened.
(g~ Such addztiana2 infarmata.on as
reasonab~y required by the health
officer. Applications for permits
to des~.ray an abandaned well shall
~nclude such i.nformat~.on as the
health ofticer deems necessary.
Sect~.on 23B~~a. Coordination of review of permit
applica~a.on by loaa~. agenay having adapted a groundwat~r
management p].an and nati~icati.on of can~iguous parcel.
owners.
zf a permit application is ~or a we~1 ~ocated within the
boundaries and/or service area of a l.ocal agency which
has adopted a groundwater management plan pursuant to
part 2.75 of ~~.visian 6 af the Ca~ifornia Water Code
{commencing at Section 10750), then the health of~~cer
shal]. give such 1oca1 agency at least thirty (30) days to
revi.ew and comment on the permit appla.cation before the
health of€icer acts on the app3.ication. Provided further
that whenever an app~.i.cat~on to drill a well within the
boundaries or service area of a local agency ~s received;
th~ hea].th o~ficer shall submit a copy of the applzcation
to the ~ocal agency i~ requested by th~ local aqency.
Additi.onally, any person, public or p~ivate agency, at
the time of application ~or a permit to dri13. a wel.l with
a casing dxameter in excess of eight inches {8"} or a
public or private manitoring well shall deliver a copy o£
the well application by mail to the last known address ot
all cantiguous parce~. owners. The health officer shal~
issue a permit not sooner than th~rtv L30~_ warking days
after receiving a declaratinn or affi.davit stating
compliance w~.th tha.s notice raquirement or receiv~.ng
other ev~dence af compliance with th.zs Section.
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Sec~ioa 23B-5. Well standaxds.
Standards ~or the construc~ion, repair, reconstr~ction,
deepening, abandonment and destructi~n of we11s in Butte
County sha~l be as specified within Bulletin 74-81, Water
W~11 Standards, State o£ Cali~ornia, except where
superseded by state or ~ed~ral ~aw or modified by
reso~ution of the Board o~ Superviso~s.
Seation 23B-6. Persans to whom p~rmits shall be granted.
Parma.ts sha1l be granted pursuant ~a this Chapter only to
persons licensed ta drill water welis, pu.rsuant to the
provisions o~ Busa.ness and ~rafess~.ons Code 5~Ct1431 70~0
et seq., o~ ta the owner o~ the property or authorized
representative.
Section 23B-6a. Persons permitted to dr~.ll a we1.3.
A1~ wells sha1~. be drilled on7.y by a person licensed to
dri~.l water wells pursuant to the provisians ot Business
and Professions Code section 7000 et seq.
Sec~ian 23B--7. Permit val.id for one year.
Pe~nits issued pursuant to this Chapter sha11 be valid
for one (~.) year £rom date of issuance and shal~
automatically become void one (~.) year from the date of
issuanc~ un~.ess renewed prior to the expirat~on date.
One (1) renewal may be granted by the hea~th offi.cer for
a fee af half the origi.nal applxcatian fee.
Section 238-8. Fila.ng af we~.~. drilZer~s report.
Upon completion of a we11, the awner or licensed we11
driller shall ~"i1e a copy of a we11 drill.er's report with
the health otficer. Said report sha~l be filled out
completely, signed by the wel~. dra.~.ler and shall bE in
the same farm and content as the Cali.fornia State
Department a~ Water Resourcas Well Dr~.llers Report, and
shal}. ~.nclud~ such other i.nformatian as will enable the
health o~~icer ta determine that the wel~. was insta].led
in compliance with the standards required by this Chapter
and requi.red w~11 standa~ds. This prava.sion sha11 not be
d~emed to release any persan fro~ the requirement to ~i1e
said report with the State Department of Water Resources.
No work sha~~. be deemed to have been campleted unt9.1. the
we13 dril~.er's report has been rece~ved by the hea~th
offa.cer.
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Sectioa 23B-8a. Wel~ registration.
W~11 owners within the caunty may reg~ster their wells
dril~ed at a time when permits were not required by
comp~eting and filing with the health o~fice~ a well
registration form prescribed by the county. The well
regist~at~on in~ormatian will assist the caunty in
admin~stering this Chapter.
Sectian 23B-9. Inspec~~ons.
(a) The hea~th officer or his designated
representa~ives are hereby empowared to ~nter
ugan private property in order to make
inspect~ans far the p~rpose o~ en~orcing the
prov~sions of this Chapter, as it relates to
well construction. A fina~ inspection of the
work per~armed an any well pursuant to this
Chapter shall be made by the health officer
un~ess such inspection ~s waived by him. No
permittee shall be deemed ~o have compiied
w~th this chapter or his perm~t until such
inspection has been either mad~ and the
insta~lation approved, or wai~ed.
(b) The B~tte County Health Department, Divis~on
of Environ~enta~ Hea~th, sha~l be noti£ied a
mznimum af twenty-four (2~) hours priar tv
installing or placing a sanitary seal.
Drillers who anticipate completing a well in
less than a day may noti£y the hea~th offzcer
twentywfaur (24) hours prior to commencement
of dril~ing and provide the anticipated time
to commence the sanitary seal. ~f the health
offic~r fails to appear at the we11 site at
the time designatad for sealing, the we~l may
be sealed withaut the presence of the health
officer.
Se~tion 23B-~9a. Drainage we~.3s prohibited,
The instal~.ation ar cons~truc~ion a~ drainage wells wa.thin
the unincorporated area o~ ~the County a~ Butte is
prahib~ted. Abandoned existing drainage wells shali be
destroyed under a well permit in a manner appro~ed by the
health a~ficer. The health officer may approve
subsur€ace drainage trenches meeti.ng the ~ocation and
depth requirements ~ for a.ndivi.dual. sewage disposal
l~aching fzelds for the ~emporary dispasa~ of drainage
where no other drainage method is feasible. Permits for
other types.of recharge ar injection we].ls sha13 not be
issued by the heal.th o~'ficar without written approva]. o£
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the California State Regional Wa~er Qual~ty Contro~
Board.
Section 23B~9b. WelZ sealing.
In addition to well sealing requirements specified withi.n
State We~.1 Standards Bulletin '14-81, we~.ls with casa.ng
da,ameters greater than eight (8) inches sha11 be sealed
ta minimize the risk of in~roducing shallow water
contamination in~o a deep aqui~er. The sanitary seal
shall be of suffi.cient depth to exclt~de water encount~red
abave the ~ifty (50) faat depth. Unless otherwise
specified by the Health Officer the maximum requi.red
sea~ing depth sha11 be ~i~ty (50} faet.
~ectian 23B-9c. Fload protea~ion.
Whenever possibl.e, we~.ls shall be ~.ocated outside af any
area subject ta f~.oodxng. ~f it is not possible to
locate a well outside o~ a~lood area, the we].l casing
shall extend one (1) foot or more abave the one hundred
(~.aa~ year ~lood elevat~on. Within "areas o~ special.
fl.ood hazard," as defined in Section 26-29 of this Code,
~or which flaod elevatio~s have been established, the
cas~.ng shall terminate one (1.} foot or more above the
established one hundred (100) year ~1ood elevation. The
Health Officer may accept an app~'oved water-tight
"pitless adapter" as a means to provid~ flood protection
for an ~.ndividua~. well to serve a single ~'ami~.y
residence.
Section 23B--1o. Va.al.ations; penalties.
Any constructian, repair or xeconstruction o~ any wel~. or
any destruction af any abandoned wail in violati4n of the
prova.s~ons of this chapter sha3.1 constitute a misdemeanor
punishable as prescribed in section 1-7 a~ this Code;
provid~d, however, that nothing herein shall be deemed to
abrogate or annul the ~ight to ~njoS.n or abate such
violat~.ons by civa,l action.
Sect~.on 23B~11.. Coun~y ac~ion not guarantee.
This Chapte~ sha11 not be canstrued a.mposing upon th~
County any liab~lity or responsibility for damage
resulting from de~ectiv~ construction, repair o~
reconst~uction o~ any we1~. or any destructian of any
abandoned wel7. o~ for damage to ar interference with
wel~.s on adjoining or other properties. Further, neither
the issuance of a perm~.t pursuant to this Chapter, finaJ.
inspectian o~ work perform~d on any well pursuant to this
Chapter no~ the waiver of such fina~. inspection shall. b~,
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nor construed, to be, a guarantee by the County of B~tte
that s~itable wat~r ~n s~tficient quantity zs ava~lable
~rom any we~l.
Sectian 23B~~2. Wa~er gua~ity requiremen~.
Any we~~ which produces water with a water quality
greater than 2,504 parts per mi~lion of total dissalved
solids shall be de~troyed in accordance with th~s Chapter
'un~ess the well ownex can prove ta the satisfaction of
the Heaith Officer that ~he we1.1 can be sealed to prevent
the lower qua~.ity water from entering the we1.~ and that
resu~t zs actually achieved.
Section 23B-~.3. Minimum well depth of new individual
wells for damestia purposes.
It shal,~ be the responsa.b~.lity of ~he well owner to
insure that a new individual well. for domes~i.c purposes
wi3.1 operate praper7.y assuming a repeat of the
groundwater conditions experienced d~ring the period ].987
through 1994 in the area in which the new well ~.s
Iocated."
S~ction 2. S~verabilit .
zf any part of th~s ordi.nance shall be held vozd by a court af
competent jurisd~ction, such part shall be deemed sev~rable, and
the ~nvaZidity thereof shall not af~ect tha remaining parts af this
ardinance.
Section 3. CE A Findin s.
Th~ Board finds, purs~ant to Title 14 a~ the California Code of
Regulations ("CCR"), Section 15378, that adoption of this ordinance
is exempt ~rom the requirements of the Calafornia Environmental
Qual~.ty Act (CEQA) for the following reasons, each o~ which ~s
sufficient in and ot itselt to support this ~indings:
A. Adoption o£ the ax~dinance is not a"Project" under CEQA,
in that it does not have a pot~ntia~. for resulti.ng in a detrimental
physical change in the environment, directly ar ultimately, as
provided in CCR Sectian 15378(a);
B. It can be seen with certainty that there is no
possibi~.ity ~hat adoption of this ordinance may have a significant
effect upon the environment pursuant to CCR Section 15067.(b)(3);
and ~
C. Adoption of this ordinance is an actian by a regulatory
agency that wi11 maintain, enhance, and protect the natural
groundwater resource and the environ~-ent af the County and the
_g.~
regu~atory process zn the ordinance involves p~ocedures for the
protection o~ the environmen~ and ~s therefore categorically exempt
pur~uant to CCR Sections 15307 and 15308.
Section 4. Effective Date and Pub~ication.
Th~s Ordinance shall be and it is hereby decla~ed to be in full
force and e~fect from and af~e~ thirty (30) days a~ter the date of
its passaqe, and be~ors the expiratiQn o~ tifteen {15) days after
its passage, this Ordinance shall be pub~ished once with the names
of the members of the Boa~d o~ Supervisors voting far and against
it in th2 Chico Enterprise Record , 3 newspaper
pub].ished in the County of But~e, State o~ Ca3.iforni.a.
PASSED AND ADOPT~D by the Board af Supervisars ot the County
of Butte, Stat~ of California, on the 5th day of December ,
~995, by the fa].lowing vate:
AYES: Supervisors Do1an, Houx, Thomas
NOES: Supervisor Meyer and Chair McLaughlin
ABSENT: Nane
NOT VOT~NG: None
ATTEST:
C =
ED McLAUGHLXN, air of the
Butte County Board of Supervisors
JOHN S. SLACKLUCK
Officer and Cler f the Board
By
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