§ 98-52. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means:

(1)

The legal owner of the property on which the pump is to be installed or repaired or on which the well is to be constructed, modified or repaired, inactivated or destroyed;

(2)

A licensed contractor who shall perform the work on the well or pump; or

(3)

The owner's or contractor's agent authorized in writing to make an application on behalf of the principal.

Board means the county board of supervisors.

Construction means digging, boring, drilling, casing, perforating, screening, gravel packing, and sealing of wells, or installing of a well pump, in accordance with all standards adopted by this division.

Contamination and pollution have the meanings ascribed to them by Water Code § 13050.

Deputy means the community development director.

Destruction of wells means the proper decommissioning of wells to ensure that the groundwater supply is protected and preserved for future use and to eliminate potential physical hazards, in accordance with all standards adopted by this division.

Emergency means a stoppage, interruption, or significant reduction of water supply to domestic, industrial, or agricultural uses.

Enforcement agency means the community development department.

(1)

The community development department, hazardous materials division, shall be responsible for the enforcement of this division as it pertains to the following:

a.

All wells constructed for the purposes of detecting, monitoring or extracting hazardous materials in the vadose zone or in groundwater, except those wells which are constructed to comply with landfill monitoring and/or mitigation requirements; and

b.

All wells constructed for the purpose of cathodic protection of underground storage tanks containing hazardous materials.

(2)

The community development department, environmental health division, shall be responsible for the enforcement of this division as it pertains to all other wells defined by this division.

Modification and repair mean the deepening, reperforation, sleeving, sealing, or replacement of a well casing; or the repair or replacement of a well pump.

Nuisance means anything which meets all of the following requirements:

(1)

Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

(2)

Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

(3)

Occurs during, or as a result of, the treatment or disposal of wastes.

Permit means a printed document, issued by the enforcement agency, which permits the construction, modification, repair, inactivation, or destruction of a well; or the installation, repair, or replacement of a well pump.

Person means any individual, trust, firm, joint stock company, corporation, partnership or association. The term "person" also includes any city, county, district, the state, the federal government or any agency thereof to the extent that such persons may lawfully be regulated under this division.

Water table means the top of the saturated zone where unconfined groundwater is under atmospheric pressure.

Well and water well mean any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. In addition, for purposes of this division, the following structures are also defined as wells: abandoned wells, agricultural wells, air conditioning wells, cathodic protection wells, community domestic wells, exploratory holes (borings), extraction wells, horizontal wells, inactive wells, individual domestic wells, industrial wells, injection wells, monitoring wells, test wells, vapor extraction wells, and water supply wells. It is not intended that potholes, drainage trenches or canals, wastewater ponds, shallow root zone piezometers, stock ponds, leaching pits, or similar excavations be included within the definition of a well.

(1)

Abandoned well means any well that has not been used for a period of one year, unless the owner demonstrates intention to use the well again, by obtaining an inactivation permit.

(2)

Agricultural well means any well used to supply water only for irrigation or other agricultural purposes.

(3)

Air conditioning well means any well constructed to return to the groundwater which has been used as a coolant in air conditioning processes.

(4)

Cathodic protection well means any artificial excavation in excess of 50 feet constructed by any means for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as "cathodic protection."

(5)

Community domestic well means any water well used to supply water for domestic purposes to a public water system as defined by the Health and Safety Code § 4010. Such wells are variously referred to as "municipal wells," "city wells," "public water supply wells" or "small water system wells."

(6)

Exploratory hole (boring) means an uncased temporary excavation or boring drilled to a depth within ten feet of groundwater, or deeper, based on available groundwater data, the purpose of which is the immediate determination of hydrologic or geologic conditions at a site.

(7)

Extraction well means an artificial excavation constructed by any method for the purpose of removing groundwater to be used either for permanent dewatering or for removal of groundwater for cleanup of contamination.

(8)

Horizontal well means a well drilled horizontally or at an angle different from vertical.

(9)

Inactive well means any well that is not routinely operated, but is intended to be reused in the future, and is capable of being made operable with a minimum of effort, and is not a nuisance, and for which an inactivation permit has been obtained.

(10)

Individual domestic well means any water well used to supply domestic water to one water connection, either residential or commercial, serving fewer than 25 persons.

(11)

Industrial well means any water well used to supply industry on an individual basis, in contrast to supplies provided through community systems.

(12)

Injection well means an artificial excavation constructed by any method for the purpose of introducing water, nutrient solutions, treated water, or reclaimed water into the underground as a means of replenishing groundwater basins, enhancing recovery of chemical constituents, or establishing hydraulic control over local groundwater.

(13)

Monitoring well means any artificial excavation constructed by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in underground waters.

(14)

Test well means a cased well constructed to obtain information needed for the design of other wells.

(15)

Vapor extraction well means an artificial excavation constructed by any method for the purpose of injection, monitoring or extraction of vapors or liquids, or both, into or from the predominantly unsaturated zone above the water table.

(16)

Water supply well means any well constructed for the purpose of water supply. This includes community and individual domestic wells and agricultural or industrial water wells as defined by state well standards or by this division.

(17)

Exempt wells means the following wells, which are exempt from the requirements of this division:

a.

Any well constructed under the jurisdiction of the state department of conservation, except any such well which is converted to a use regulated by this division;

b.

Any well used for the purpose of dewatering excavations during construction or for stabilizing hillsides or earth embankments; or

c.

Other wells the regulation of which is not necessary to fulfill the purpose of this division, as determined by the deputy, and approved by the county health officer.

(Ord. No. 97-01, § 2(6.28.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference

Definitions generally, § 1-2.