Appendix 4813. Well permits.

(a)

No person shall, within the unincorporated area of Ventura County, construct, repair, modify or destroy any cathodic protection well which is over fifty (50) feet deep, any engineering test hole which is over fifty (50) feet deep, any monitoring well, or any water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the Agency as provided in this Article. Additionally, for any cathodic protection well or engineering test hole, if groundwater is encountered (or expected to be encountered) shallower than fifty (50) feet deep, a permit is required.

A copy of the approved permit shall be made available for inspection on the job site during any work authorized by the permit.

(b)

Types of Permits for Water Wells:

(1)

Permits for construction, modification, replacement, and repair of all water wells.

(2)

Permits for destruction of all wells, except engineering test holes which shall be destroyed immediately after completion of testing in compliance with subsection 4817(e).

(3)

Annual permits for one or more engineering test holes which are over fifty (50) feet deep and which are inspected by registered inspectors.

(c)

Application for a permit shall be made to the Agency and shall include the following:

(1)

A vicinity map showing the location of the property on which the well is located.

(2)

A plot plan suitable for inclusion as part of the well record and indicating the location of the well with respect to the following items within a radius of five hundred (500) feet of the well:

a.

Property lines.

b.

Sewage disposal systems or works carrying or containing sewage.

c.

All intermittent or perennial, natural or artificial water bodies or water courses.

d.

Drainage pattern of the property.

e.

Existing wells of all types, regardless of whether they are subject to regulation under this Article.

f.

Access roads.

(3)

Name of the person who will perform the work on the well.

(4)

Name and affiliation of the registered inspector, when a registered inspector will be utilized.

(5)

Proposed depth of well.

(6)

Proposed use of well.

(7)

Proof that the person who will construct the well is in possession of a valid license in accordance with the Contractors' State License Law.

(8)

Such other information as the Agency may deem necessary in order to determine whether underground waters will be protected.

(d)

Permit applications for monitoring and extraction wells used for environmental cleanup as directed by local or regional regulatory agencies do not need to be signed by the property owner provided an agreement has been completed between the property owner and responsible party as defined by Title 23 of the California Code of Regulations. The agreement shall allow entry by the appropriate parties for the purpose of environmental investigation and cleanup activities. A copy of the agreement shall be submitted to the Agency with the permit application.

(e)

Permits shall be issued or denied within fifteen (15) days from the day on which the completed application and fee are received by the Agency. If a proposed water well is located within one of the following agencies, the well permit application is not considered complete unless accompanied by the respective agency authorization:

• Fox Canyon Groundwater Management Agency.

• Ojai Basin Groundwater Management Agency.

• Any other government agency authorized to regulate new well construction.

(f)

Other permit requirements and permit expiration:

(1)

Permits shall require compliance with all applicable standards set forth in Section 4814.

(2)

A permit shall expire six (6) months from the date of issuance unless it is extended by the Agency. The Agency may grant one or more extensions of a permit, each for a period not to exceed six (6) months, provided the permittee proves to the satisfaction of the Agency that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering test holes shall expire one (1) year from the date of issuance and shall not be extended.

(3)

The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit or any extension.

(g)

Prior to the issuance of a well permit or any extension thereof, the applicant may be required to post with the Agency a cash deposit or bond to guarantee compliance with the provisions of this Article and the applicable permit, such cash or bond to be in an amount deemed necessary by the Agency to remedy improper work, but not in excess of the total estimated cost of the permitted work.

(h)

No person shall perform any work, either on such person's own property or on the property of another, for which a permit is required by this Article unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors' State License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) and is registered with the Agency to perform work permitted by this Article. Licensed water well contractors (Class C-57) registered with the Agency may perform all types of permitted work, while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the Agency may only perform the work permitted by their license. An application for registration with the Agency shall include a copy of the applicable license and a copy of a certificate of workers' compensation insurance. The registration shall expire automatically on the expiration date indicated on the copy of the license or the expiration date indicated on the copy of the certificate of workers' compensation insurance submitted with the application, whichever expiration date is earlier.

(i)

Suspension or termination of a well permit.

(1)

Any permit issued pursuant to this Article is subject to suspension or termination prior to expiration as provided in this Section.

a.

Grounds. Any of the following occurrences constitute grounds for termination of a permit:

i.

Suspension, revocation or termination of the license, required by Section 4813(h), of the person who is to perform the work.

ii.

Failure of a permittee to comply with any provision of Section 3800 of the Labor Code.

iii.

Failure of a permittee, or of any person who owns or possesses the well, to comply with any provision of this Article, or any condition of a permit issued pursuant to this Article.

b.

Notice. To initiate proceedings to terminate a permit, the Director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the proposed grounds for termination, shall specify a time and a place for a hearing at which such person shall be afforded an opportunity to present evidence showing the proposed grounds for termination do not exist, and shall state that failure to appear and present such evidence may result in termination of the permit.

c.

Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued and/or the owner of the well shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within thirty (30) calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence presented at the hearing, whether there are grounds for suspension and shall note the findings of fact upon which the determination is based. If it is determined there are grounds for termination, the Director shall terminate the permit; provided, however, that the Director shall have the discretion not to terminate the permit if the Director determines that the occurrence which gave rise to the grounds for termination was not willful, is not ongoing and is unlikely to recur.

d.

The Director may suspend a permit prior to the hearing when the Director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The Director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the Director makes a final determination based upon the hearing; provided, however, that the Director may rescind the suspension at any earlier time at which the Director determines it is no longer necessary.

This Section shall not deprive the Director, or the County, of the authority to pursue any other action or remedy otherwise available under the law.

(Ord. No. 4468, § 1, 12-16-2014)