§ 34A-2. Definitions.
(a)
Unless the context requires otherwise, the definitions set forth in this section shall govern the construction of this chapter.
(b)
Words not otherwise defined in the ordinance codified in this chapter shall have the meaning ascribed to them in Chapter II of the California Department of Water Resources Bulletin No. 74-81 Water Well Standards and California Department of Water Resources Bulletin 74-90 (Supplement to 74-81), and as each may be amended by their successors (hereinafter referred to as "the Bulletins").
(1)
"Abandoned well" means a well that has not been used for a period of one year and the property owner has not demonstrated an intention to use the well by filing a letter of intention of future use with the administrative authority and or has not maintained the well in accordance with the standards contained in section 34A-12.
(2)
"Administrative authority" shall mean Santa Barbara County Health Officer or Environmental Health Services with the following exception:
Wells constructed for the purpose of monitoring or abating contaminants in underground waters that are associated with a hazardous materials release shall be subject to the administrative authority of the Santa Barbara County Fire Department or its designated successor for enforcement of statutes, ordinances or regulations related to hazardous materials, hazardous wastes or hazardous substances as set forth on the Santa Barbara County Code, Chapter 15, Fire Prevention, as amended from time to time.
(3)
"Applicant" shall mean:
(A)
The legal owner(s) or person(s) who has a legal possessory interest, whether by lease easement or other legal claim, of the property on which the well is to be constructed, modified or repaired, inactivated or destroyed; or
(B)
The owner's agent authorized to act on behalf of or represent the owner in water well permit activities; or
(C)
A licensed well drilling contractor who shall perform the work at the request of the property owner or owner's agent.
(4)
"Contamination" and "pollution" shall have the meanings ascribed to them by California Water Code, Section 13050.
(5)
"County" shall mean the County of Santa Barbara, acting through its Board of Supervisors or Environmental Health Services as the duly authorized administrative authority.
(6)
"Destruction" shall mean the complete filling of the well in accordance with the procedures outlined in the Bulletins.
(7)
"Emergency" shall mean a circumstance which is either:
(A)
An imminent threat of or is actually contaminating or polluting the groundwater of Santa Barbara County; or
(B)
Jeopardizes the health or safety of the people of the county; or
(C)
Will cause a substantial or immediate loss of property, crops or livestock.
(8)
"Exploratory boring" shall mean any soil boring drilled for geotechnical or environmental purposes that penetrates an aquifer or penetrates to within ten vertical feet of an aquifer.
(9)
"Hydrogen sulfide (H 2 S) gas" is a colorless, highly toxic and explosive gas that can be associated with and released during water well drilling activities. It is heavier than air, has a distinctive "rotten egg" odor which can saturate olfactory senses and is considered immediately dangerous to life and health (IDLH) at one hundred parts per million (ppm) in air.
(10)
"H 2 S meter" means an intrinsically safe instrument capable of detecting H 2 S gas within the range 1.0 parts per million (ppm) to four hundred ppm.
(11)
"Inactive well" shall mean a well not routinely operated but capable of being made operable with minimum effort.
(12)
"Modification" shall only mean the deepening of a well, re-perforation, sealing or replacement of a well casing.
(13)
"Monitoring well" shall have the meaning as defined by Section 13712 of the California Water Code or its successor.
(14)
"Nuisance" shall mean any condition which creates the potential for unsanitary or unsafe conditions resulting from water well drilling or operation activities, as determined by the administrative authority. A nuisance shall also mean a well or component thereof which contaminates or pollutes, or potentially may contaminate or pollute, the groundwater or that jeopardizes or threatens the health and safety of the public.
(15)
"Person" shall mean any individual, firm, partnership, general corporation, association or governmental entity. A governmental entity, as used herein, shall not include any local agency exempt from the application of the ordinance codified in this chapter pursuant to state law.
(16)
"Water well" or "well" shall mean any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. It shall include geothermal heat exchange wells and cathodic protection wells, as defined in California Water Code Sections 13711 and 13713. This definition shall not include:
(A)
Oil and gas wells, or geothermal resource wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as water wells; or
(B)
Wells used for:
(1)
Dewatering excavation during construction;
(2)
Stabilizing hillsides or earth embankments;
(3)
Geologic borings, unless said boring penetrates an aquifer or is within ten vertical feet of an aquifer;
(C)
Springs;
(D)
Disposal and injection wells constructed or converted under the jurisdiction of the California Regional Water Quality Control Board or the Environmental Protection Agency underground injection control program.
(Ord. No. 12-4844, 9-11-2012; Ord. No. 5046, 6-19-2018)
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