§ 98-54. Permits.

(a)

Required. No person shall dig, bore, drill, deepen, modify, repair, inactivate, or destroy a well or install, repair, or replace a well pump without first applying for and receiving a permit as provided in this division unless exempted by law. A separate permit and fee is required for each well or pump. Where removal of a well pump or breaking of the well seal is not necessary, a pump permit shall not be required. It is not intended that a permit be obtained for the installation of a temporary pump.

(1)

Persons to whom permits issued. Permits shall be issued pursuant to this division only to the legal owner of the property on which the well is to be constructed, modified, repaired, or destroyed or on which the pump is to be installed or repaired; to a person holding a valid state C-57 contractor's license as described in this subsection; or to the owner's or driller's authorized representative. Permits for inactivation of wells shall be issued only to the legal owner of the property on which the wells are to be inactivated.

All construction, modification, repair, or destruction work on wells shall be performed by a person who possesses a valid C-57 contractor's license in accordance with Business and Professions Code § 7000 et seq. and Water Code § 13750.5. Installation, repair, or replacement of a well pump shall be performed by a person who possesses a valid C-57, C-61 or class A contractor's license. Such license shall be in effect and in good standing with the state contractors' licensing board.

In accordance with Labor Code § 3800, unless exempted by that section, the contractor performing the work must also file the following with the enforcement agency:

a.

A certificate of consent to self-insure issued by the director of the state department of industrial relations;

b.

A certificate of worker's compensation insurance issued by an admitted insurer; or

c.

An exact copy or duplicate thereof certified by the director of the state department of industrial relations or the insurer.

The certificate of insurance shall state that there is in existence a valid policy of worker's compensation insurance in a form approved by the insurance commissioner. The certificate shall show the expiration date of the policy. No insurer shall issue such certificate unless the full deposit premium on the policy has been paid, and the insurer shall give the county at least ten days' advance notice of the cancellation of the policy.

(2)

Late fee for failure to obtain permit. Any person who commences any work for which a permit is required by this division without having first obtained a permit shall be required to pay a late fee equal to twice the standard permit fee.

(3)

Emergency work. This subsection shall not apply to emergency work required to maintain drinking, agricultural, or industrial water supply systems or to prevent an imminent and substantial threat to public health and safety. In such cases, the person responsible for the emergency work shall comply with the following:

a.

Time limit. Apply for a permit within three working days after commencement of the emergency work.

b.

Urgency. Satisfy the enforcement agency that such work was urgently necessary. If the cause for urgency is not satisfactorily shown, penalties as described in section 98-63 shall be imposed.

c.

Conformance with standards. Demonstrate that all work was performed in conformance with the technical standards set forth in this division.

(b)

Application procedure. Applications for permits shall be made to the enforcement agency and shall contain all such information the enforcement agency requires to accomplish the purposes of this division. This application shall be made in writing and signed by the applicant on such forms as may be prescribed by the enforcement agency. The application shall be accompanied by the required application fee.

(c)

Application fees. Application fees adopted and modified by the city council shall accompany the permit application. For activities regulated in this division which occur at sites for which other cost recovery mechanisms are available, application fees may be deferred, at the approval of the enforcement agency, pending recovery of those costs incurred for oversight of such activities. The party responsible for payment of oversight costs incurred by the department shall be responsible for payment of application fees if such fees are unable to be recovered through the alternative cost recovery mechanism.

(d)

Permit approval. If the enforcement agency finds that the permit application contains all the necessary information and the proposed work is in compliance with all applicable well standards as defined in this division, the enforcement agency shall issue the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this division. The permit approval received from the enforcement agency is separate from any other permit or clearance that may be required by another governmental agency or entity.

(e)

Permit conditions. Conditions may be placed on the permit as follows:

(1)

Special conditions. When the enforcement agency issues a permit pursuant to this division, it may condition the permit in any manner necessary to carry out the purposes of this division. Conditions may include but are not limited to special construction requirements, special destruction requirements, greater setback distance requirements, greater grout seal thickness, greater annular space, special wellhead construction, or demonstration of adequate water quantity or quality or both, after well completion.

(2)

Proper disposal of drilling fluids and soil cuttings. The applicant is required to see that safe and appropriate measures are taken in the handling and disposal of drilling fluids, soil cuttings, and other materials used or generated in connection with the permitted work. All drilling wastes must be controlled so as not to create conditions which violate applicable local, state and federal regulations. Discharge of drilling wastes into the sanitary sewer or storm drain is prohibited unless authorized by the county department of public works. This subsection does not modify the measures for proper handling, storage, and disposal of hazardous waste set forth in Health and Safety Code § 25100 et seq. (hazardous waste control) and by the state Code of Regulations, title 22, division 4.5 (environmental health standards for the management of hazardous waste).

(3)

Mud pits. Mud pits created to confine drilling fluids shall be maintained during the well drilling operation so as not to be a nuisance. It shall be the applicant's responsibility to see that the mud pit is properly evacuated, or backfilled, or both evacuated and backfilled upon completion of the job.

(4)

Abandoned wells. As a condition of well construction, modification, repair, inactivation, or destruction permits, and of pump installation, repair, or replacement permits, any abandoned wells on the property shall be destroyed or permitted for inactive status in accordance with standards provided in this division.

(5)

Posting of permit. Except for an inactivation permit, it shall be the responsibility of the applicant to maintain a copy of this permit at the work site during all stages of permitted activities.

(f)

Permit denial. The enforcement agency shall deny an application for a permit if:

(1)

The applicant is not a person authorized to perform the work as provided by this division;

(2)

The permit application is incomplete;

(3)

The proposed work does not meet the standards adopted by this division; or

(4)

Issuance of a permit does not fulfill the purpose of this division.

(g)

Permit expiration. The applicant shall either complete the work authorized by the permit within one year of the date of issuance or forfeit permission to complete the work specified in the permit. If there have been exceptional circumstances, the enforcement agency may grant the applicant an extension. Such an extension shall be in writing and may contain additional permit conditions. 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.

(h)

Inactivation permits. An inactivation permit must be obtained for any well which has not been used for a period of one year, but which the owner intends to use again. Any such well which has not been permitted for inactive status by the enforcement agency is considered to be abandoned or permanently inactive and must be destroyed in accordance with applicable department of water resources' standards, pursuant to Health and Safety Code § 115700. Inactivation permits must be renewed annually. In addition to any conditions specified in the permit pursuant to subsection (e)(1) of this section, the applicant must maintain the well in such a way that the following requirements are met:

(1)

The well shall not allow impairment of the quality of water within the well and groundwater encountered by the well.

(2)

The top of the well and the well casing shall be provided with watertight covers, that are secured by locks or by other means to prevent their removal without the use of equipment or tools, to prevent unauthorized access, to prevent a safety hazard to humans and animals, and to prevent illegal disposal of wastes in the well. A pump motor, angle drive, or other surface feature of the well, when in compliance with this subsection, shall suffice as a cover.

(3)

The well shall be marked so as to be easily visible and located, and labeled so as to be easily identified as a well.

(4)

The area surrounding the well shall be kept clear of brush, debris, and waste materials.

(Ord. No. 97-01, § 2(6.28.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)