SECTIONS 13800-13806 - California Statutes

WATER CODE

SECTION 13800-13806

13800. The department, after the studies and investigations
pursuant to Section 231 as it finds necessary, on determining that
water well, cathodic protection well, and monitoring well
construction, maintenance, abandonment, and destruction standards are
needed in an area to protect the quality of water used or that may
be used for any beneficial use, shall so report to the appropriate
regional water quality control board and to the State Department of
Public Health. The report shall contain the recommended standards for
water well, cathodic protection well, and monitoring well
construction, maintenance, abandonment, and destruction as, in the
department's opinion, are necessary to protect the quality of any
affected water.

13800.5. (a) (1) The department shall develop recommended standards
for the construction, maintenance, abandonment, or destruction of
geothermal heat exchange wells.
(2) Until the department develops recommended standards pursuant
to paragraph (1), a local enforcement agency with authority over
geothermal heat exchange wells may adopt temporary regulations
applicable to geothermal heat exchange wells that the local
enforcement agency determines to be consistent with the intent of
existing department standards to prevent wells from becoming conduits
of contamination.
(3) The department, not later than July 1, 1997, shall submit to
the state board a report containing the recommended geothermal heat
exchange well standards.
(b) The state board, not later than January 1, 1998, shall adopt a
model geothermal heat exchange well ordinance that implements the
recommended standards developed by the department pursuant to
subdivision (a). The state board shall circulate the model ordinance
to all cities and counties.
(c) Notwithstanding any other provision of law, each county, city,
or water agency, where appropriate, not later than April 1, 1998,
shall adopt a geothermal heat exchange well ordinance that meets or
exceeds the recommended standards developed by the department
pursuant to subdivision (a). If a water agency that has permit
authority over well drilling adopts a geothermal heat exchange well
ordinance that meets or exceeds the recommended standards developed
by the department pursuant to subdivision (a), a county or city shall
not be required to adopt an ordinance for the same area.
(d) If a county, city, or water agency, where appropriate, fails
to adopt an ordinance that establishes geothermal heat exchange well
standards, the model ordinance adopted by the state board pursuant to
subdivision (b) shall take effect on May 1, 1998, and shall be
enforced by the county or city and have the same force and effect as
if adopted as a county or city ordinance.

13801. (a) The regional board, upon receipt of a report from the
department pursuant to Section 13800, shall hold a public hearing on
the need to establish well standards for the area involved. The
regional board may hold a public hearing with respect to any area
regardless of whether a report has been received from the department
if it has information that standards may be needed.
(b) Notwithstanding subdivision (a), the state board shall, not
later than September 1, 1989, adopt a model water well, cathodic
protection well, and monitoring well drilling and abandonment
ordinance implementing the standards for water well construction,
maintenance, and abandonment contained in Bulletin 74-81 of the
department. If the model ordinance is not adopted by this date, the
state board shall report to the Legislature as to the reasons for the
delay. The state board shall circulate the model ordinances to all
cities and counties.
(c) Notwithstanding any other law, each county, city, or water
agency, where appropriate, shall, not later than January 15, 1990,
adopt a water well, cathodic protection well, and monitoring well
drilling and abandonment ordinance that meets or exceeds the
standards contained in Bulletin 74-81. Where a water agency that has
permit authority over well drilling within the agency adopts a water
well, cathodic protection well, and monitoring well drilling and
abandonment ordinance that meets or exceeds the standards contained
in Bulletin 74-81, a county or city shall not be required to adopt an
ordinance for the same area.
(d) If a county, city, or water agency, where appropriate, fails
to adopt an ordinance establishing water well, cathodic protection
well, and monitoring well drilling and abandonment standards, the
model ordinance adopted by the state board pursuant to subdivision
(b) shall take effect on February 15, 1990, and shall be enforced by
the county or city and have the same force and effect as if adopted
as a county or city ordinance.
(e) The minimum standards recommended by the department and
adopted by the state board or local agencies for the construction,
maintenance, abandonment, or destruction of monitoring wells or class
1 hazardous injection wells shall not be construed to limit,
abridge, or supersede the powers or duties of the State Department of
Public Health in their application of standards to the construction,
maintenance, abandonment, or destruction of monitoring wells or
class 1 hazardous injection wells at facilities that treat, store, or
dispose of hazardous waste or at any site where the State Department
of Public Health is the lead agency responsible for investigation
and remedial action at that site, as long as the standards used by
the State Department of Public Health meet or exceed those in effect
by any city, county, or water agency where appropriate, responsible
for developing ordinances for the area in question.

13802. If the regional board finds that standards of water well,
cathodic protection well, and monitoring well construction,
maintenance, abandonment, and destruction are needed in any area to
protect the quality of water used, or which may be used, for any
beneficial use, it shall determine the area to be involved and so
report to each affected county and city in the area. The report shall
also contain any well standards which have been recommended by the
department.

13803. Each such affected county and city shall, within 120 days of
receipt of the report, adopt an ordinance establishing standards of
water well, cathodic protection well, and monitoring well
construction, maintenance, abandonment, and destruction for the area
designated by the regional board. Prior to adoption of the ordinance
each affected county and city shall consult with all interested
parties, including licensed well drillers. A copy of the ordinance
shall be sent to the regional board on its adoption and the regional
board shall transmit the ordinance to the department for its review
and comments.

13804. Such county and city well standards shall take effect 60
days from the date of their adoption by the county or city unless the
regional board, on its own motion, or on the request of any affected
person, holds a public hearing on the matter and determines that the
county or city well standards are not sufficiently restrictive to
protect the quality of the affected waters. If the board makes such a
determination it shall so report to the affected county or city and
also recommend the well standards, or the modification of the county
or city well standards, which it determines are necessary.

13805. If a county or city fails to adopt an ordinance establishing
water well, cathodic protection well, and monitoring well
construction, maintenance, abandonment, and destruction standards
within 120 days of receipt of the regional board's report of its
determination and those standards are necessary pursuant to Section
13802, or fails to adopt or modify those well standards in the manner
determined as necessary by the regional board pursuant to Section
13804 within 90 days of receipt of the regional board's report, the
regional board shall adopt standards for water well, cathodic
protection well, and monitoring well construction, maintenance,
abandonment, and destruction for the area. The regional board well
standards shall take effect 30 days from the date of their adoption
by the regional board and shall be enforced by the city or county and
have the same force and effect as if adopted as a county or city
ordinance.

13806. Any action, report, or determination taken or adopted by a
regional board or any failure of a regional board to act pursuant to
this article, or any county or city ordinance in the event of the
failure of a regional board to review such ordinance pursuant to
Section 13804, may be reviewed by the state board on its own motion,
and shall be reviewed by the state board on the request of any
affected county or city, in the same manner as other action or
inaction of the regional board is reviewed pursuant to Section 13320.
The state board has the same powers as to the review of action or
inaction of a regional board or of a county or city ordinance under
this article as it has as to other action or inaction of a regional
board under Section 13320, including being vested with all the powers
granted a regional board under this article, with like force and
effect if it finds that appropriate action has not been taken by a
regional board. Any action of a regional board under this article or
any county or city ordinance affected by the review of the state
board shall have no force or effect during the period of the review
by the state board.