Sec. 14A-21. - Permit requirements.

(a)

When required. No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, cathodic protection well, observation well, monitoring well or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this chapter unless exempted by law.

(1)

Applicant. An application for a permit may be filed by the owner of the property upon which the well is located, or proposed to be located, or by a licensed well driller or any other person duly authorized in writing by the property owner to apply for such permit.

(2)

Persons permitted to work on wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 contractor's license in accordance with the provisions of the California Business and Professions Code, Section 7000, et seq. and Water Code Section 13750.5.

(3)

Registration requirement. All properly licensed persons who do work on wells under the provisions of this chapter must register with the compliance agency under procedures established by the compliance agency.

(b)

Monetary penalty for failure to obtain permit. Any person who shall commence any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit application fee.

(c)

Emergency work. The above provisions shall not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall:

(1)

Apply for a permit within three working days after commencement of emergency work; and

(2)

Satisfy the building official that such work was urgently necessary; and

(3)

Demonstrate that all work performed was in conformance with the technical standards as designated in Article III hereof.

(d)

Fees. Application, permit and other fees may be set by the board from time to time by ordinance or resolution. The board may provide for the waiver of fees under appropriate circumstances.

(Ord. No. 587, § 2, 8-29-00)

Sec. 14A-22. - Application procedure.

Applications for permits shall be made to the building official on forms approved by the building official and shall contain all such information that the building official and the compliance agency require to accomplish the purposes of this chapter and state law. The application shall be accompanied by the required filing fee. If the building official finds the application contains all necessary information, he or she shall process the application as set forth in this article.

(1)

Review process. Prior to approval of a permit, and within two days of receipt of a complete permit application, the building official shall submit a copy of the permit application to the compliance agency for review and comment. The compliance agency shall comment in writing or electronically to the building official, if at all, within five calendar days of receipt of the copy of the permit application.

(2)

The building official shall review the comments, if any, received from the compliance agency and any other agency to which the application was submitted. Within ten calendar days of the submission of the permit application for comment, and after review of any comments received, the building official shall determine whether the application complies with this chapter and with state law. If it so complies, the building official shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this chapter and state law.

(3)

Notice to compliance agency. Immediately upon issuance of a permit, the building official shall transmit a copy of the permit to the compliance agency. Thereafter, except for inspections as set forth in section 14A-50 below, the compliance agency shall be responsible for enforcement of the permit and for ensuring compliance with the permit terms and conditions and with the provisions of this chapter.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 2, 7-28-09)

Sec. 14A-23. - Permit conditions.

(a)

Limitations. When the building official issues a permit pursuant to this chapter, he or she may condition the permit in any manner necessary to carry out the purposes of this chapter and state law. Conditions may include, but are not limited to, such quantity and quality testing methods as the building official or the compliance agency finds necessary.

(b)

Performance bond. The building official may require a performance bond as a condition to issuance of the permit.

(c)

Proper disposal of drilling fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

(d)

Abandoned wells. As a condition to the issuance of a construction or reconstruction permit, any known abandoned wells on the property shall be destroyed in accordance with the standards provided in this chapter.

(e)

Posting of permit. It shall be the responsibility of the permittee to maintain a copy of the permit on the drilling site during all stages of construction, reconstruction or destruction.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 3, 7-28-09)

Sec. 14A-24. - Permit denial.

The building official shall deny an application for a permit if, in his or her judgment, the issuance of the permit would result in a violation of this chapter or state law or regulations. The denial of a permit may be appealed as set forth in section 14A-27.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 4, 7-28-09)

Sec. 14A-25. - Permit expiration.

The permittee shall complete the work authorized by the permit within 180 days of the date of issuance of the permit. Upon written application, and if there have been exceptional circumstances, the building official may grant the applicant one extension of time. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit.

(Ord. No. 587, § 2, 8-29-00)

Sec. 14A-26. - Permit suspension and revocation.

(a)

Circumstances for such action. The building official or the compliance agency may suspend or revoke any permit issued pursuant to this chapter whenever it finds that the permittee has violated any of the provisions of this chapter or state law or regulation, has not complied with permit terms or conditions, or has misrepresented any material fact in his or her application, or any supporting documents, for such a permit. Prior to ordering any such suspension or revocation, the building official or the compliance agency shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the building official or the compliance agency head or his or her designated representative. An appeal may be made as set forth in section 14A-27 below.

(b)

Consequences. No person whose permit has been suspended or revoked may continue to perform the work for which the permit was granted. In the case of suspension, the work may be resumed when the permit has been reinstated by the building official or the compliance agency. In the case of revocation, a new permit must be applied for and obtained prior to resumption of work.

(c)

Ordered additional work. Upon suspending or revoking any permit, the building official or the compliance agency may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued pursuant to the chapter shall fail to comply with any such order.

(Ord. No. 587, § 2, 8-29-00; Ord. No. 587.1, § 5, 7-28-09)

Sec. 14A-27. - Permit appeals.

(a)

Right of hearing. Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the board, in writing, within ten days after any such denial, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is taken, and shall be accompanied by the applicable filing fee as established by the board. The clerk of the board shall set such appeal for hearing at the earliest practicable time, and shall notify the appellant and the building official or the compliance agency, in writing, of the time so set at least five days prior to the hearing.

(b)

Action by the board. After such hearing, the board may reverse, wholly or partly, may modify, or may uphold the order or determination appealed from.

(Ord. No. 587, § 2, 8-29-00)

Secs. 14A-28—14A-30. - Reserved.