Chapter 7.25
WELL CONSTRUCTION AND ABANDONMENT1
Sections:
7.25.030 Permit required for construction or destruction of well.
7.25.040 Completion and inspection of work.
7.25.050 Determination of public nuisance.
7.25.010 Purpose.
It is the purpose of this chapter to control the construction and reconstruction of wells to the end that the groundwater of this city will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this city, and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of this city. [Ord. 2010-126 § 1 (Exh. A)].
7.25.020 Definitions.
The following definitions apply to the use of these terms for purposes of this chapter:
“Abandoned” and “abandonment” mean a well which has not been used for a period of one year, unless the owner declares in writing, to the public works department, their intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such intention from the public works department. All such declarations shall be renewed annually and at such time be resubmitted to the public works department for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the health officer.
“Construct” or “reconstruct” (“construction,” “reconstruction”) means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.
“Destruction” means the proper removal of well casing and/or filling and sealing of a well that is no longer useful so as to assure that the groundwater is protected and to eliminate a potential physical hazard.
“Director” means the director of public works, or his or her designee.
“Individual domestic well” means a water well used to supply water for domestic needs of an individual residence or commercial establishment.
“Industrial well” means a water well used to supply an industry on an individual basis.
“Observation well” means a well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.
“Permit” means a written permit issued by the director permitting the construction, reconstruction, destruction or abandonment of a well.
“Person” means any person, firm, corporation, partnership or governmental agency.
“Public nuisance” means, when applied to a well, any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.
“Saltwater (hydraulic) barrier well” means a well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of saltwater into a freshwater-bearing aquifer.
“Test or exploratory hole” means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
“Well” means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and saltwater (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter as determined by the public works department and/or the Orange County health care agency. Wells shall not include:
1. Oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells;
2. Wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or
3. Other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the public works director and/or the Orange County health care agency. [Ord. 2011-136 § 10; Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
7.25.030 Permit required for construction or destruction of well.
A. No person shall construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the director as provided in this chapter.
B. No person shall abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the director.
C. Applications for permits shall be made to the director containing such information as the director shall require. Each application shall be accompanied by a fee which shall be established by the city council. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.
D. Permits may be issued subject to any condition or requirement found by the director to be necessary to accomplish the purposes of this chapter. A permit may be canceled or the conditions amended by the director if it is determined that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter. [Ord. 2010-126 § 1 (Exh. A)].
7.25.040 Completion and inspection of work.
The permittee shall notify the public works department and the Orange County health care agency in writing upon completion of the work, and shall submit a report to the public works department that includes a narrative and graphic description of the borehole in accordance with the Uniform Soil Classification System (USCS). The permittee shall also submit to the public works department a copy of any report that is required to be submitted to the State Department of Water Resources. No work shall be deemed to have been completed until such written notification and the required reports have been received. A final inspection of the work shall be made by the director and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed. [Ord. 2010-126 § 1 (Exh. A)].
7.25.050 Determination of public nuisance.
In the event the director determines that a well constitutes a public nuisance, a written notice shall be mailed to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and the time, date and place at which a hearing shall be held by the public works department or Orange County health care agency relating thereto, which date shall be not less than 10 nor more than 30 days after the date such notice is mailed. The notice shall state that in the event the public works department or Orange County health care agency determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement. The hearing shall be conducted in the same manner as other city nuisance abatement hearings are conducted pursuant to AVMC 1.06.240, and the city may recover its costs of abatement in the same manner as in other nuisance abatement proceedings, as established by this code. [Ord. 2010-126 § 1 (Exh. A)].
7.25.060 Well standards.
Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto. Well standards may be modified by the director, where required to cope with the local geological and groundwater conditions. [Ord. 2010-126 § 1 (Exh. A)].
Cross-references: nuisances, AVMC 8.24.010; buildings and construction, AVMC Title 13.