Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Colleen Chawla, Chief, San Mateo County Health
Charles Ice, Director, Environmental Health Services
Subject: Introduction of Ordinance Updating Chapter 4.68 of the San Mateo County Ordinance Code Concerning Wells
RECOMMENDATION:
title
Introduction of an ordinance repealing and replacing San Mateo County Ordinance Code Chapter 4.68 concerning wells, and waive reading of the ordinance in its entirety.
body
BACKGROUND:
In California, regulatory authority over well construction, alteration, and destruction activities rests with local jurisdictions (cities, counties, or water agencies), who have the authority to adopt local well ordinances that meet or exceed California Department of Water Resources Well Standards, adopted pursuant to California Water Code sections 13800-13806. Permitting of wells and enforcement of applicable standards are carried out by designated local enforcement agencies. The San Mateo County Environmental Health Services Division (Division) is recognized by the California Department of Water Resources as the sole well permitting local enforcement agency in San Mateo County.
The County’s Wells Ordinance (Chapter 4.68) was first adopted in January 2001 and was last amended in November 2002. The County ordinances regulating wells and domestic water supply systems function in tandem, and the Water Supply System ordinance (Chapter 4.64, which the Division suggests renaming to the Domestic Water Systems ordinance) was adopted in January 1977 and has not been amended since. The Division is proposing a comprehensive overhaul of both ordinances to align with current State standards and updated regulatory best practices, and for improved implementation and enforcement of both ordinances.
DISCUSSION:
Amendments to the Wells Ordinance (Chapter 4.68) were necessary to 1) update obsolete sections, 2) realign the ordinance with current State Well Drilling Standards, 3) incorporate additional language to close gaps in the existing ordinance around Accessory Dwelling Unit water demand, 4) adopt penalties for drilling without a permit, and 5) align with changes proposed to the Domestic Water Systems ordinance, including relocating certain provisions of the Wells Ordinance to the Domestic Water Systems Ordinance.
Fees are already in place to obtain full cost recovery for administration of the Wells ordinance.
It is anticipated that 100% of wells will obtain a permit from the Division.
PERFORMANCE MEASURE:
|
Measure |
FY 2026-2027 Estimated |
FY 2027-2028 Projected |
|
Percent of wells obtaining a permit from the Division |
99% |
100% |
COMMUNITY IMPACT:
This ordinance update will positively impact the public health of all individuals who obtain their drinking water from domestic wells in the County, particularly residents living in unincorporated areas. Properly designed and constructed wells provide clean drinking water to some of San Mateo County’s most vulnerable populations. Moreover, the ordinance ensures that other types of wells are constructed safely to minimize negative impacts to the public health and safety of County residents.
CEQA:
In accordance with California Environmental Quality Act (CEQA) Guidelines, the proposed ordinance amendments are categorically exempt from further environmental review pursuant to the “Actions by Regulatory Agencies for Protection of the Environment” (14 CCR Section 15308) and the “Common Sense” exemption (14 CCR Section 15061(b)(3)). The exemption for Actions by Regulatory Agencies applies because the ordinance primarily incorporates State standards designed to protect the environment. The Common Sense exemption applies because there is no possibility the activity may have a significant effect on the environment. Passage of the proposed ordinance does not authorize physical development or permit construction activities; additional steps would be required under the ordinance before any well permit could be granted.
FISCAL IMPACT:
The Division’s permit fees have already been established in ordinance to fund administration of the proposed ordinance. There is no Net County Cost associated with this ordinance.