2007 California Health and Safety Code Part 9.5. Abandoned Excavations

CA Codes (hsc:115700-115720)

HEALTH AND SAFETY CODE
SECTION 115700-115720



115700.  (a) Every person owning land in fee simple or in possession
thereof under lease or contract of sale who knowingly permits the
existence on the premises of any abandoned mining shaft, pit, well,
septic tank, cesspool, or other abandoned excavation dangerous to
persons legally on the premises, or to minors under the age of 12
years, who fails to cover, fill, or fence securely that dangerous
abandoned excavation and keep it so protected, is guilty of a
misdemeanor.
   (b) Every person owning land in fee simple or in possession
thereof under lease or contract of sale who knowingly permits the
existence on the premises of any  permanently inactive well, cathodic
protection well, or monitoring well that constitutes a known or
probable preferential pathway for the movement of pollutants,
contaminants, or poor quality water, from above ground to below
ground, or vertical movement of pollutants, contaminants, or poor
quality water below ground, and that movement poses a threat to the
quality of the waters of the state, shall be guilty of a misdemeanor.

   (c) For purposes of this section, "well" includes any of the
following:
   (1) A "monitoring well" as defined by Section 13712 of the Water
Code.
   (2) A "cathodic well" as defined by Section 13711 of the Water
Code.
   (3) A "water well" as defined by Section 13710 of the Water Code.

   (d) A "permanently inactive well" is a well that has not been used
for a period of one year, unless the person owning land in fee
simple or in possession thereof under lease or contract of sale
demonstrates an intent for future use for water supply, groundwater
recharge, drainage, or groundwater level control, heating or cooling,
cathodic protection, groundwater monitoring, or related uses.  A
well owner shall provide evidence to the local health officer of an
intent for future use of an inactive well by maintaining the well in
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 or well casing shall be provided with a
cover, that is secured by a lock or by other means to prevent its
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.  The
cover shall be watertight where the top of the well casing or other
surface openings to the well are below ground level, as in a vault or
below known levels of flooding.  The cover shall be watertight if
the well is inactive for more than five consecutive years.  A pump
motor, angle drive, or other surface feature of a well, when in
compliance with the above provisions, 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.
   (e) At a minimum, permanently inactive wells shall be destroyed in
accordance with standards developed by the Department of Water
Resources pursuant to Section 13800 of the Water Code and adopted by
the State Water Resources Control Board or local agencies in
accordance with Section 13801 of the Water Code.  Minimum standards
recommended by the department and adopted by the state board or local
agencies for the abandonment or destruction of groundwater
monitoring wells or class 1 hazardous injection wells shall not be
construed to limit, abridge, or supersede the powers or duties of the
department, in accordance with Section 13801 of the Water Code.
   (f) Nothing in this section is a limitation on the power of a
city, county, or city and county to adopt and enforce additional
penal provisions regarding the types of wells and other excavations
described in subdivisions (a) and (b).



115705.  The board of supervisors may order securely covered,
filled, or fenced abandoned mining excavations on unoccupied public
lands in the county.


115710.  The board of supervisors shall order securely fenced,
filled, or covered any abandoned mining shaft, pit, or other
excavation on unoccupied land in the county whenever it appears to
them, by proof submitted, that the excavation is dangerous or unsafe
to man or beast.  The cost of covering, filling, or fencing is a
county charge.



115715.  Every person who maliciously removes or destroys any
covering or fencing placed around, or removes any fill placed in, any
shaft, pit, or other excavation, as provided in this part, is guilty
of a misdemeanor.


115720.  This part is not applicable to any abandoned mining shaft,
pit, well, septic tank, cesspool, or other abandoned excavation that
contains a surface area of more than one-half acre.

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