Article III. - Abandonment and Destruction of Wells.

(a)

Abandoned Wells. Upon determination by the Sonoma County department of health services that a well is polluted or contaminated, or is a potential hazard to the purity of the underground waters, and reasonable efforts to clear the pollution or contamination have been unsuccessful, the administrative authority, hereinafter the Permit and Resource Management Department (PRMD), shall have the authority to enforce permanent destruction of said well in accordance with the procedures listed in this section or to review proposals for continued maintenance of the well in accordance with the requirements described below. The owner of any property shall be responsible for destroying any such well located thereon. The burden of expense for the abandonment, capping, continued maintenance or studies of such wells or test holes shall be the responsibility of the property owner.

(1)

Definition of Polluted or Contaminated Well. A well that is used entirely or in part for production of water for human consumption, is polluted or contaminated if it does not produce potable water as defined in this code. Other wells may be considered to be polluted or contaminated if the water from the well does not meet Basin Plan water quality objectives. Any such well shall be considered to be not polluted or contaminated, if PRMD determines, after receiving written confirmation from the Regional Water Quality Control Board (RWQCB), that the proposed use of the well is in compliance with the RWQCB's water quality objectives.

(2)

Temporary Capping of Wells. A polluted or contaminated well may be temporarily capped for up to five (5) years or until efforts to remediate polluted or contaminated ground water have been successfully accomplished. Use of the well for production of water for human consumption shall cease during this time unless exempted. PRMD may extend the five (5) year time period if necessary to accommodate the ground water remediation process. PRMD may approve alternative methods of water supply while remediation efforts are in progress. See subsection (a)(9) below.

(3)

Temporary Use of Polluted or Contaminated Wells. Use of a polluted or contaminated well may be approved by PRMD for a time period of one year (see subsection (a)(6)). For temporary use of the well, a well head water treatment system shall be provided that insures that water from the well meets potable water standards. See subsection (a)(5) below for criteria. PRMD may extend the one year temporary use time period if necessary to allow for provision of an approved permanent water supply which may include but is not limited to an alternative water supply as described in subsection (a)(9) below. The temporary use of the well shall cease when a permanent water supply approved by PRMD becomes available to the property and the well shall be properly destroyed unless exempted under subsection (a)(8) below.

(4)

Permanent Use of Polluted or Contaminated Wells. Permanent use of a polluted or contaminated well for potable water supply may be approved by PRMD only: (a) in the case of bacteriological pollution or contamination where permanent well head treatment is provided to eliminate the contaminant (see subsection (a)(5) below for criteria), or (b) in the case of a public water system regulated by the State of California Department of Health Services (DHS) when DHS has approved continued use of the well, in writing. Continued use of the well is subject to meeting the requirements imposed by State of California DHS.

(5)

Water Treatment Systems for Polluted or Contaminated Wells. Any water treatment system for a polluted or contaminated non-public water supply well, whether permanent or temporary, shall meet the following standards: (a) design and installation of the water treatment equipment shall be performed by a person who holds a valid license from the State of California which allows for the design and installation of water treatment facilities, (b) routine testing, as defined by PRMD, shall be performed by a State certified laboratory, (c) the test results shall demonstrate that the treated water meets the definition of potable water contained in this code, (d) the property owner shall keep records of all testing results, and (e) the requirement for treatment and ongoing testing of the water shall be recorded by PRMD with the deed to the property pursuant to Section 2-320

(6)

Prohibition of Pollution or Contamination. Sonoma County PRMD shall have the authority to require destruction of any well which presents a potential pollution or contamination hazard to groundwater or to other wells, as determined by the Sonoma County DHS in consultation with PRMD, the RWQCB and the State of California DHS. Any such destruction shall be in accordance with the standards of this code.

(7)

Studies of Polluted or Contaminated Wells. PRMD shall have the authority to require studies of polluted or contaminated wells to determine proper destruction techniques, to determine if the well presents a threat to groundwater or to other wells or to determine if the well is in compliance with other requirements of this code. PRMD may consult with other agencies to determine if studies are available.

(8)

Exemption Criteria. A polluted or contaminated well may be exempted from the destruction requirement if it meets all of the following criteria: (a) the well does not present a potential pollution or contamination hazard to groundwater or to other wells. This determination will be made by PRMD, after receiving written input and recommendations from the RWQCB that has jurisdiction and based upon knowledge of the well construction including the presence and depth of a sanitary seal and well perforation depths, (b) the continued use of the well complies with the regulatory requirements of the RWQCB that has jurisdiction, does not result in an unauthorized discharge of groundwater contaminants to land or surface water and does not impair or exacerbate a ground water investigation or cleanup project, and (c) the Sonoma County DHS has made a determination that continued use of the well is protective of public health.

(9)

Alternative Water Supplies. PRMD may approve alternative water supplies in order to insure a potable water supply. These may include hauling potable water to an approved storage tank and pressure system or other methods that will insure a continued source of potable water.

At the expiration of any time period for approval of continued maintenance of a well, the well shall be properly destroyed unless written approval is received from PRMD to extend the time period for allowing the continued maintenance of the well as specified in subsections (a)(1) and (2) above.

PRMD may develop and implement standards for well head treatment, reliability of proposed treatment systems, capping of wells, and alternative methods of water supply.

(b)

Wells, Test Wells, Test Holes or Observations Wells. Any well, test well, test hole or observation well which is not completed as a finished well shall be abandoned in accordance with the approved procedures by the well driller prior to leaving the site. Abandoned wells, test holes, test wells or observation wells shall not be used for the disposal of any substance or liquid that may contaminate or pollute the ground water. Test holes, test wells, or observation wells are to be backfilled with the same soil excavated, which is to be compacted to such a degree that ninety (90) days after completion of backfill, such backfill is at or above surrounding ground level. A preferable alternate is to fill such holes with Class B concrete. If water formations are encountered in the test hole and the test hole is not cased and sealed, the top twenty feet (20′) of test hole shall be sealed with proper seal or grouting materials as listed in section 25B.

After such destruction of a test well, test hole, observation well is complete, a report shall be submitted to the administrative authority, which shall include a lot of soil formations and water strata encountered and the method and material of backfilling of sealing the test hole in compliance with this ordinance.

(c)

Destruction of Wells. Prior to destroying a well, a detailed evaluation and report on the well shall be submitted to the administrative authority by a licensed well-contractor. Such report shall indicate the type of well to be sealed, all known information of the geological conditions of the soil and the methods and materials to be used in the destroying and sealing process. The methods and materials used in destroying wells and test holes shall be such that the potable or usable ground water is protected from pollution or contamination or the entrance of surface water thereto.

All abandoned wells shall be destroyed as follows:

(1)

Any obstruction in the well shall be removed when possible.

(2)

As much casing shall be removed as possible.

(3)

Wherever possible (depending on the type of casing) the remaining casing shall be ripped or perforated.

(4)

The well shall be filled to within not more than thirty feet (30') from the surface with uncontaminated clay, sand or other inorganic material then sealed to a depth of at least thirty feet (30') with impervious materials such as Class B concrete, concrete grout, neat cement or puddled clay.

(5)

The placement of the material shall be done in such a way as to assure a dense seal, free of voids, in order to exclude surface water.

(d)

Alternative Methods. Other methods of destroying wells and test holes may be approved by the administrative authority if in his opinion an equivalent effect will result, and no contamination or pollution to the potable or usable ground water will occur.

(Ord. No. 5329 § 1, 2002; Ord. No. 2326.)