Part 9.5ABANDONED EXCAVATIONS

Section § 115700

Explanation

This law requires landowners or those holding land through a lease or contract to secure or cover any abandoned holes, like mining shafts or wells, that pose a danger to people, especially children under 12. If they don't, they could be guilty of a misdemeanor. If there are wells on the property that are no longer in use and may allow pollutants to contaminate water, failure to manage these could also lead to a misdemeanor charge.

A 'well' includes monitoring, cathodic protection, and water wells as defined by state codes. For wells not used for over a year, owners must prove they plan to use them again soon, and these wells need proper maintenance to avoid water pollution and unauthorized access. At a minimum, permanently inactive wells must be destroyed following standards set by the state.

Local governments can also impose additional rules on wells and excavations to address these safety and environmental concerns.

(a)CA Health and Safety Code § 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)CA Health and Safety Code § 115700(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)CA Health and Safety Code § 115700(c)  For purposes of this section, “well” includes any of the following:
(1)CA Health and Safety Code § 115700(c)(1)  A “monitoring well” as defined by Section 13712 of the Water Code.
(2)CA Health and Safety Code § 115700(c)(2)  A “cathodic well” as defined by Section 13711 of the Water Code.
(3)CA Health and Safety Code § 115700(c)(3)  A “water well” as defined by Section 13710 of the Water Code.
(d)CA Health and Safety Code § 115700(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)CA Health and Safety Code § 115700(d)(1)  The well shall not allow impairment of the quality of water within the well and groundwater encountered by the well.
(2)CA Health and Safety Code § 115700(d)(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)CA Health and Safety Code § 115700(d)(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)CA Health and Safety Code § 115700(d)(4)  The area surrounding the well shall be kept clear of brush, debris, and waste materials.
(e)CA Health and Safety Code § 115700(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)CA Health and Safety Code § 115700(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).
landowner responsibilities abandoned excavation safety abandoned mining shaft wells contamination preferential pathway pollutants contaminants water quality permanently inactive wells well maintenance well destruction standards local government regulations safety hazard prevention environmental protection unauthorized well access
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)

Section § 115705

Explanation

The county's board of supervisors has the authority to ensure that abandoned mining sites on public land are made safe by covering, filling, or fencing them if the land is not currently being used.

The board of supervisors may order securely covered, filled, or fenced abandoned mining excavations on unoccupied public lands in the county.
abandoned mining excavations board of supervisors authority public lands safety securing sites public safety measures fencing mining sites filling mining excavations covering mining hazards unoccupied public lands county regulations mining site management land safety regulations mining hazards safety measures for mines
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)

Section § 115710

Explanation

This law allows county officials to make sure that any abandoned mining shafts, pits, or other dangerous excavations on empty land are safely fenced off, filled, or covered. If proof is shown that these sites are hazardous to people or animals, the county will bear the costs of making them safe.

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.
abandoned mining shaft dangerous excavation securely fenced filled or covered unoccupied land county responsibility hazardous site public safety costs covered by county danger to man or beast proof of danger county charge board of supervisors unsafe excavation land safety measures
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)

Section § 115715

Explanation

If someone purposely takes away or damages a barrier, fence, or fill used to secure a shaft, pit, or other excavation, they are committing a minor crime called a misdemeanor.

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.
malicious removal fencing destruction excavation protection shaft barrier pit safety misdemeanor offense illegal removal safety covering security fencing fill removal public safety excavation site safety regulation protective barrier construction site security
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)

Section § 115720

Explanation

This law section states that it does not apply to any abandoned structures like mining shafts, pits, wells, septic tanks, cesspools, or other excavations if they cover more than half an acre of surface area.

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.
abandoned mining shaft abandoned pit abandoned well abandoned septic tank abandoned cesspool abandoned excavation surface area half acre exemption application large excavations mining structures loophole in regulation inapplicability land size requirement
(Added by Stats. 1996, Ch. 1023, Sec. 340. Effective September 29, 1996.)