Article I. - In General.


Sec. 25B-1. - Purpose.

(a)

The purpose of this chapter is to protect the groundwater by regulating the construction, placement, reconstruction and destruction of water wells, test wells, test holes and observation wells within the unincorporated portion of the county of Sonoma; prescribing permits required therefor; imposing fees required therefor; applying penalties for the violation hereof; and creating a well standards advisory and appeals board to assist in the implementation of the chapter.

(b)

Protection of groundwater. No person shall knowingly install or maintain a well, test well, test hole or observation wells in any manner that will result in the pollution or contamination of the potable groundwater, and/or which allows the entrance of surface waters into the potable or usable groundwater.

(c)

During well construction or destruction any stratum of groundwater found to be polluted, contaminated or otherwise unfit for human consumption shall be so sealed off to preclude commingling with other water bearing strata.

If evidence is presented to the satisfaction of the administrative authority that any existing well, test well, test hole or observation well is polluting or contaminating the potable groundwater, the administrative authority shall require that such well, test well, test hole or observation well be destroyed in accordance with the provisions of Article III, or repairs be made to such well or test hole to eliminate the pollution or contamination or the entrance of surface water into the potable or usable groundwater.

(d)

Notwithstanding any urgency (or other) ordinances adopted by the board of supervisors limiting, or, in the alternative, establishing standards for the installation or maintenance of a well, test well, test hole or observation well in any health and safety concerns to the public health department, in an effort to permit maximum utilization of properties located within such areas, the county will permit limited exemptions from such general area-wide standards and/or prohibitions upon a showing by substantial evidence that such standards or prohibitions are unnecessary to protect the public health and safety as hereinafter further described.

(Ord. No. 4316 § 1, 1990; Ord. No. 2326.)

Sec. 25B-2. - Definitions.

"Abandoned well" means any well whose original purpose and use has been permanently discontinued or which is in such a state of disrepair that it cannot be used for its original purpose.

Administrative Authority. Whenever the term "administrative authority" is used in this chapter, it shall be construed to mean the director of permit and resource management department or his authorized representative.

"Annular space" means the space between an excavation and the casing of a well or the space between two (2) concentric casings.

"A.W.W.A." means American Water Works Association.

"Conductor casing" means an outer casing installed in the upper part of the well to control a caving formation during the well construction.

"Contamination" means an impairment of the underground waters of the state by sewage or industrial waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

Grouting or sealing materials.

(1)

Additives — Quick setting cement, retardants, hydrated lime (up to ten percent (10%) of the volume of cement) and bentonite (up to five percent (5%)) used in neat cement, cement grout or concrete.

(2)

Concrete — "Class A" shall mean concrete with six (6) sacks of Portland Cement per yard, "Class B" shall mean concrete with five (5) sacks of Portland Cement per yard. All concrete shall have a maximum size aggregate of three-fourths inch or less.

(3)

Concrete grout — Shall mean a mixture composed of not more than two (2) parts sand and one (1) part of Portland cement, and not less than five (5) or more than seven (7) gallons of water per sack of cement (ninety-four (94) pounds).

(4)

Neat cement — Shall mean a mixture composed of one (1) sack of Portland Cement (ninety-four (94) pounds) to not less than five (5) nor more than seven (7) gallons of water.

(5)

Puddled clay — Shall mean bentonite clays (muds), silts or clay mixed with water into a dense mass, in such manner as to become impermeable in place. Silts or clay must have a coefficient or permeability of less than 100 feet (100') per year.

"Human consumption" means use of water for drinking, food preparation, dish washing, bathing, showering, handwashing or oral hygiene.

"Pollution" means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects (1) such waters for beneficial uses; or (2) facilities which serve beneficial uses. "Pollution" may include "contamination."

"Observation well" means any excavation fifteen feet (15') or greater in depth or extending into a water bearing stratum which is constructed for the purpose of studying the hydrologic conditions.

"Potable ground water" means water below the surface of the ground at a depth such that it has been protected from surface pollution or contamination by an impervious soil stratum or which has received an acceptable degree of natural treatment by filtration through a considerable amount of soil.

"Potable water" means water intended for human consumption which meets, at a minimum, State primary drinking water requirements as defined in Title 22 of the California Code of Regulations (or subsequent revisions) whether this water is supplied from ground water, treated ground water or any other source.

"Public water system" means a system for the provision of piped water for human consumption which has five (5) or more service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

"Sanitary well seal" means a device placed into the topmost part of well casing which by means of expanding gasket excludes foreign material from entering the top of the well casing, or a device producing an equivalent effect. Such device shall prevent the entrance of surface water to the well.

"Seepage pit" means any excavation in the ground sixty inches (60″) or more in depth which receives liquid waste from sewage, domestic or industrial uses, and disposes of the same.

"Sewage disposal system" means a septic tank and subsurface disposal field or other type system or appurtenance thereto, whether public or private, receiving domestic or industrial sewage waste. Sewage disposal system does not include a sewer pipe line.

"Sewer pipe line" means a pipe conveying sewage waste matter from any building or premises to a point of disposal such as to a septic tank or sewage treatment or disposal plant.

"Shallow well" means any well thirty feet (30') or less in depth.

"Test well" means a test boring to determine the geological structure of the underground stratum for the purpose of constructing a water well.

"Test hole" means any excavation constructed in the earth exceeding a depth of fifteen feet (15') below the original ground surface for the purpose of exploration of the subsurface of the earth for building or structure foundation, presence of water, or any other purpose other than for construction of a water well.

"Waste" means and includes sewage and any other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature.

"Well" means any artificial excavation constructed into the earth by any method, for the purpose of extracting or recharging groundwater, excluding oil, gas, and geothermal wells.

"Well cover" means a device to cover the topmost part of a well casing. The device must be so constructed to be structurally sound, securely attached, and prevent the entrance of foreign material.

"Well destruction" means and includes certain work done to an existing water well, the intent of which is to effectively seal the entire well up to the surface, in such a manner that each intersected water stratum is sealed and fated from every other stratum and from surface water.

"Well reconstruction" means and includes certain work done to an existing water well in order to restore its production, replace defective casing, seal off certain stata or surface water or similar work, not to include the cleaning out of sediments or surging, or maintenance to the pump or appurtenances where the integrity of the annular seal or water bearing strata are not violated.

"Well standards advisory and appeals board" means a five-member board appointed by the board of supervisors to advise the administrative authority on the implementation of this chapter, to hear appeals, and to act on such other matters properly referred to it.

(Ord. No. 5329 § 1, 2002; Ord. No. 4906 § 7 (A), 1995; Ord. No. 2326.)