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Ordinance No . 3847
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING
~ CHAPTER 23B OF THE BUTTE COUNTY CODE ENTITLED "WATER WELLS"
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6 The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Section 23B-2 of Chapter 23B of the Butte County Code, is
$ hereby amended to read as follows:
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23B-2 Definitions.
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Far the purposes of this chapter, the following words
11 and phrases shall have the meanings respectively
ascribed to them by this section:
12 (a) Public water system well: A water well constructed
or used to supply water to a public water system as
13 defined in section 116275(h) of the California Health
and Safety Gode (California State Safe Drinking Water
14 Act } .
I5 (b) Individual well: A well or water well meeting the
definitions of wells or water wells in chapter II,
1~ part I, general A-K {bulletin 74-81}, Water Well
Standards, State of California, except groundwater
I7 monitoring wells less than fifteen {15) feet in depth.
This definition includes agricultural wells.
1$ {c) Abandoned well: A well which is a public nuisance
or which has not been used for a period of one (1)
I9 year and is not being properly maintained. For
20 purposes of this definition, proper maintenance shall
include but not be limited to (1) the prevention of
21 conditions which could impair the quality of water in
the well or in the water-bearing formations penetrated
22 and (2) marking the well and keeping the surrounding
area clear of brush and debris so that the well can be
2$ clearly seen. Abandoned wells shall include a well
drilled to secure water but which is a "dry hole" and
24 not to be used for water. Dry holes not cased, sealed
and completed as an individual well or public water
25 supply well shall be destroyed under permit prior to
2fi abandonment of the site by the well driller or
commencement of a new drill hole. Abandoned wells
27 shall also include drainage wells which are no longer
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being utilized for drainage.
1 (d) Drainage well: "Drainage well" shall mean any hole
2 or well dug, drilled, bored or otherwise constructed
for the purpose of disposing of storm drainage water
3 .into subsurface strata.
(e) Health officer: The health officer of the County
,~ of Butte or his or her authorized representative.
(f) Pitless adapter: Watertight casing surface seal
5 unit manufactured for the purpose of providing a leak
tight casing.
6 (g) District: Means a district wholly or in part
located within the boundaries of the county, which is
~ a purveyor of waters for agricultural, domestic, or
$ municipal use and which has adopted a resolution of
intention to adopt a groundwater management plan for
9 purposes of implementing the plan and establishing a
groundwater management program pursuant to the
10 provisions of Water Code sections 10753.2 et seq.
(h) Groundwater: Means all water beneath the surface
11 of the ground, whether or not flawing through known
and definite channels.
12 (i)Property owner: Property owner and address as shown
13 on the last equalized assessment roll or current
public record of the Butte County Assessor.
14 (J) Consolidated formation: Hard rock-material strata
of sedimentary; igneous or metamorphic rock.
15 O Engineered pumping capacity: The pumping capacity
of a pump in gallons per minute considering normal
16 operating conditions and total head loss of an
integrated piping/irrigation system.
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18 Section 2. Section 238--4 of Chapter 23B of the Butte County Code, is
lg hereby amended to read as follows:
20 23B-4 Permit application.
21 Applications for permits shall be made to the health
22 officer together with the required fee established by
ordinance by the board of supervisors of the County of
23 Butte. If construction, repair, deepening or
destruction of a well is begun prior to obtaining a
24 permit, the fee for such permit may be doubled, but
shall not relieve any person from fully complying with
25 the provisions of this chapter nor from any other
penalties described in this chapter. Applications
26 shall be made on farms provided by the health officer.
Applications for permits to construct, repair or
27 deepen a well shall include the following information:
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1 (a} Location of the well on the property/parcels and
the location and size in acreage of the contiguous
2 properties, assessor's parcel number, township, range
and section of the parcels to be served.
3 () Name, address and contractor's license number of
the person who will construct the well.
~ The proposed depth of the well.
(d} Proposed use of the well.
(e) An accurate plot plan which will show the
following:
6 (1} Property lines with dimensions and existing and
proposed buildings.
~ (2} Sewage disposal systems, sewer Lines, and any
S other wor3cs carrying or containing sewage within two
hundred (200} feet of the proposed well.
9 (3} All intermittent perennial, natural or artificial
bodies of water or watercourses.
14 (4} All other existing wells.
(5} The approximate surface drainage pattern of the
11 property and areas subject to flooding.
12 (6) Location of the well to be constructed, repaired,
or deepened.
13 (7} Wells subject to section 23B-5c and the engineered
pumping capacity of the pump to be installed or
14 replaced.
(f) Proposed diameter of the well casing for the well
15 to be constructed, repaired, or deepened.
(g) Such additional information as reasonably required
16 by the health officer. Applications for permits to
destroy an abandoned well shall include such
17 information as the health officer deems necessary.
18 (h) The health officer is authorized to reduce the
amount of information required to be included in a
19 permit application for any well which comes within
section 23B-5-d.
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21 Section 3. Section 23B-4a of Chapter 23B of the Butte County Cade,
22 is hereby amended to read as follows:
23 23B-4a Coordination of reviernr of permit application by
24 local agency having adopted a groundr~rater management
plan and notification of contic~xous parcel owners.
25 (a) zf a permit application is for a well located
within the boundaries and/or service area of a local
26 agency which has adopted a groundwater management plan
27 pursuant to part 2.75 of division 6 of the California
Water Code (commencing at section 10750}, then the
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health officer shall give such local agency at least
1 thirty (30) days to review and comment on the permit
2 application before the health officer acts on the
application. Provided further that whenever an
3 application to drill a well within the boundaries or
service area of a local agency is received, the health
~ officer shall submit a copy of the application to the
local agency if requested by the local agency.
(b) Any person, public or private agency at the time
of application for a permit to drill a well with a
0 casing diameter in excess of eight (8) inches shall
deliver a copy of the well application or notification
~ form provided by the health officer by mail to the
8 last known address of all parcel owners within the
area defined in section 23B-Sc. The health officer
g shall issue a permit not sooner than thirty (30)
working days after receiving a declaration or
10 affidavit from the permit applicant stating compliance
with this notice requirement or receiving other
11 evidence of compliance with this section.
12 (c) Any person, public or private agency, at the time
of application for a permit to drill a monitoring
13 and/or mitigation well. shall deliver a copy of the
well application by mail to the last known address of
14 all contiguous parcel owners.
15 Section 4. Sections 23B-5, 23B-5a, 23B-5b, 23B-5c, and 23B-5d of
16 Chapter 23B of the Butte County Code, are hereby amended to read as
17 follows:
18 23B-~ Well standards.
19 Standards for the construction, repair,
reconstruction, deepening, abandonment and destruction
20 of wells in Butte County shall be as specified within
bulletin 74-81 and its supplement bulletin 74-90,
21 Water Well Standards, State of California, except
22 where superseded by state or federal law or modified
by resolution of the board of supervisors.
23 23S-5a Implementation and Local Interpretation of
Standards.
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A. The Butte County Well Construction Manual shall
25 contain interpretations of this chapter. Copies will
26 be maintained and made available to the public by the
health officer.
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I B. The Butte County Well Construction Manual, shall be
adopted by resolution of the Butte County Board of
2 Supervisors. The health officer may propose
modifications of the Manual. When changes are
3 proposed, they shall be presented to the Board for
adoption as an amending resolution.
4 23B-5b Pumping capacity and parcel size.
5 The pumping capacity of the pump for a well required
6 to have a new permit under this chapter after July 25,
1996, shall not be greater than fifty {50) gallons per
~ minute per acre to reasonably serve the overlying
land, including contiguous parcels of land under the
g same ownership as the land upon which the well is
located. The total of the pumping capacities of the
9 pumps for the new well and all existing wells
(excepting wells which are exempt under section 23B-
I~ 5d(1) and section 23S-5d (4)) located within the
applicable parcels shall not exceed fifty {50) gallons
I1 per minute per acre.
I2 23B-5c Well spacing requirements.
I3 After July 25, 1996, any well required to have a new
permit under this chapter with a pump having an
I4 engineered pumping capacity stated below shall. be
located no closer to an existing well than as
I5 indicated on the graph entitled, "Well Spacing
Requirement" and dated March 1, 1995, which graph is
I6 incorporated herein by reference, {Attachment A of
Ordinance No. 3272), except that one (1) well may be
I7 located within a parcel so long as the well is in
compliance with section 23B-5b. Where a new well
I8 complies with section 23B--5b but cannot comply with
I9 this section 23B-5c, the health officer shall require
that the well's location comply with the well spacing
20 requirement to the extent reasonably possible. All
wells with an engineered pumping capacity of greater
21 than five thousand {5,000) gallons per minute must
apply for a variance under this chapter. The following
22 table shows examples of the engineered pumping
capacity to well spacing requirement:
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Engineered Pumping Capacity
(gallons per minute) Well Spacing
Requirement {feet)
1,000 450
2, 000 1, 150
3,000 1,700
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Engineered Pumping Capacity
(gallons per minute) We11 Spacing
Requirement (feet)
4,000 2,200
5,000 2,600
Greater than 5,000 Variance shall be
required
~ 23S-5d Exempt wells.
6 The following wells shall not be subject to sections
23B-5b and 23B-5c, except as noted herein:
~ (1} A well with an eight-inch or smaller diameter well
8 casing.
{2} The repair or deepening of an existing well which
9 requires a permit under this chapter, if the
engineered pumping capacity of the pump is not
~~ increased.
{3} Replacement of a well that is destroyed in
11 accordance with this chapter with a well having a pump
that has the same engineered pumping capacity as the
12 pump for the well that is destroyed and is drilled
13 within one hundred (100} feet of the destroyed well.
{4} limited purpose wells, including.
14 a. Frost protection well where the well shall only be
operated during the crop frost seasons. These wells
~~ shall be subject to section 23B-5c and not section
23B-5b;
1~ b. Well which is only used for fire suppression;
c. Monitoring and mitigation wells.
17 (5} Public water supply wells located within the
public water supply agency's service area, except that
I8 the section 23B-5c well spacing requirements shall
~~ apply to new public water supply wells as they relate
to existing wells located outside o~ the public water
20 supply agency's service area.
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Section 5. Section 23B-9b of Chapter 23B of the Butte County Code,
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are hereby amended to read as follows:
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24 23B-9b Well sealing.
25 In addition to well sealing requirements specified
within state well standards bulletin 74-81 and
26 bulletin 74-90, all wells shall be sealed to minimize
the risk of introducing shallow water contamination
27 into a deep aquifer. The annular seal shall be of
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sufficient depth to exclude water above the fifty-foot
1 depth. Unless otherwise specified by the health
2 officer the seal shall be extended five (5) feet into
the first consolidated formation encountered below
3 fifteen (15) feet to a maximum required sealing depth
of fifty (50) feet.
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Section 6. Section 23B-9d of Chapter 23B of the Butte County Code,
6 are hereby amended to read as follows:
~ 23B-9d Well casing.
8 In addition to the well casing requirements of state
9 well bulletin 74-87. and bulletin 74-90, unless
otherwise approved by the health officer, the minimum
1~ thickness of steel casing shall be three sixteenths
(3/16) inch.
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I2 Section 7. Section 23B-16 of Chapter 23B of the Butte County Code,
13 are hereby amended to read as follows:
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23B-6 Fees and notices.
15 (a} Permit processing fee. A processing fee shall be
16 paid together with and in addition to any other permit
application fee payable pursuant to section 23B-4 and
17 chapter 43 of this Code, as to any application to
construct, repair or deepen any well with a well casing
18 larger than eight (8} inches.
(b} Variance and appeal fees. Any person filing an
19 application for a variance permit shall pay a fee equal
20 to the actual cost for county employees' time in
reviewing and otherwise processing, the application and
21 for the county's costs of publishing hearing notices.
Appeal fees are payable pursuant to section 23B-4 and
22 Chapter 43 of this Code. The variance fees will be
payable as follows:
23 (1} The application shall be accompanied by an initial
fee deposit paid to the health officer.
24 (2) When the initial deposited funds are depleted to an
amount equal to twenty-five (25} percent of the
25 original deposit, no additional processing of the
26 application will occur until the applicant or appellant
deposits with the health officer sufficient funds to
27 restore a balance equal to the amount required by
chapter 43 of this Code, unless a lesser amount is
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approved by the health officer. In the event the
1 applicant or appellant does not provide sufficient
2 funds to continue processing the application, the
application will be deemed denied.
3 {3) All deposited funds sha11 be maintained in a
separate budget control account.
4 {4) After final action on the application, any funds
remaining in the account shall be returned to the
5 applicant or appellant. If the actual cost for county
employee's time and publishing are less than the money
S deposited, the remaining amount shall be returned. If
7 the costs are greater than the money deposited, the
applicant or appellant shall pay the additional amount.
8 In the event that payment is not received for the
additional amount within thirty (30) days' notice by
g the health officer or the clerk of the board of
supervisors, as applicable, effective upon mailing by
10 first class mail, the matter will be immediately
.referred to central collections.
lI {c) Notices.
12 {1) Variances. A notice of application for a variance
shall be mailed to the property owners located within
13 the area specified under section 23B-5 bc, including
the owners of all wells registered with the county
1¢ pursuant to section. 238-8a or identified by the
applicant in the application. Such notice shall be
15 mailed at least fifteen (15) days before the health
officer shall take action on the variance.
16 (2) Appeals. A notice of hearing on an appeal shall be
both published in a newspaper of general circulation in
17 accordance with Government Coda sections 6060 and 6061
~$ and be mailed to the owners of all property located
within the area specified under section 23B-5 bc,
1g including the owners of all wells registered with the
county pursuant to section 23B-$a or identified by the
20 applicant in the application.
{3) The notice shall be mailed to the property owners
21 or to the owners shown on the section 23B-8a well
registration ro11. The notice shall indicate the time,
22 date and place of the hearing and the location of the
subject well property. Notice is not required to be
23 given to property owners who are served by a public
24 water supply well and notice shall instead be given to
their public water supplier. Failure of any property
25 owner to receive such a notice sha11 not affect in any
manner the action taken by the board of supervisors.
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Section 8. Severability.
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2 If any provision of this Ordinance or the application thereof to any
person or circumstances is for any reason held to be invalid by a
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court of competent jurisdiction, such provision shall be deemed
4 severable and the invalidity thereof shall not affect the remaining
provisions or applications of the Ordinance which can be given
6 effect without the invalid provision or application thereof.
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8 Section 9
Effective Date and Publication.
9 This Ordinance shall take effect thirty (30) days after the date of
1~ its passage. The Clerk of the Board of Supervisors is authorized and
directed, before the expiration of fifteen (15) days after its
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passage, to publish this Ordinance once, with the names of the
12 members of the Board of Supervisors voting for and against it, in
13 the Enterprise-Record a newspaper published in the County
14 of Butte, State of California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
16 Butte, State of California, on the 12th day of December ,
1~ 2006, by the following vote:
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19 AYES: Supervisors Connelly, Dolan, Yamaguchi and Chair Josiassen
NOES : None
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ABSENT : None
21 NOT VOTING : None
21, RT OSIASSEN, Chair of the
Butt County Board of Supervisors
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ATEST:
2~ PAUL McINTO
~~ Officer~n~et
~~ B
Y
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Chief Administrative
~}c of the Bird
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