Chapter 8.56 WELLS

It is the purpose of this chapter to provide for the construction, repair and reconstruction of wells to the end that the groundwater of this City will not be polluted or contaminated 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 for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety or welfare of the people of this City. (Ord. 29 § 1, 1981; CC § 67.401)

8.56.020 Definitions.

The following words shall have the meaning provided in this section:

A. “Abandoned” or “abandonment” apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Health Officer, his 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 declaration from the Health Officer. All such declaration shall be renewed annually and at such time be resubmitted to the Health Officer 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 of the City.

B. “Abatement” means the construction, reconstruction, repair or destruction of a well so as to eliminate a nuisance caused by a well polluting or contaminating groundwater.

C. “Agricultural well” means a water well used to supply water for irrigation or other agricultural purposes, including so called stock wells.

D. “Cathodic protection well” means any artificial excavation in excess of 20 feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground. See definitions of deep anode bed and shallow anode bed.

E. “Commercial well” means a water well used to supply a single commercial establishment.

F. “Community water supply well” means water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code.

G. “Construct” or “reconstruct” (construction or reconstruction) means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

H. “Contamination” means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

I. “Deep anode bed” means any cathodic protection well more than 50 feet deep.

J. “Destruction” means the proper 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.

K. “Electrical grounding well” means any artificial excavation in excess of 20 feet constructed by any method for the purpose of establishing an electrical ground.

L. “Health Officer” means the Health Officer of the County.

M. “Individual domestic well” means a water well used to supply water for domestic needs of an individual residence.

N. “Industrial well” means a water well used to supply an industry on an individual basis.

O. “Modification, repair or reconstruction” means the deepening of a well or the reperforation or replacement of a well casing and all well repairs and modifications that can affect the groundwater quality.

P. “Observation well” means a well used for monitoring or sampling the conditions of water-bearing aquifer, such as water pressure, depth, movement or quality.

Q. “Order of abatement” means both mandatory and prohibitory orders requiring or prohibiting one or more acts. Said term also includes those orders effective for a limited as well as an indefinite period of time, and include modifications or restatements of any order.

R. “Permit” means a written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well.

S. “Person” means any person, firm, corporation or governmental agency.

T. “Pollution” means an alternation of the quality of water to a degree which unreasonably affects:

1. Such waters for beneficial uses; or

2. Facilities which serve beneficial uses.

Pollution may include contamination.

U. “Public nuisance,” when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.

V. “Salt water (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 salt water into a fresh water bearing aquifer.

W. “Shallow anode bed” means any cathodic protection well more than 20 feet deep but less than 50 feet deep.

X. “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.

Y. “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 ground conditions, or for any other similar purpose. Wells include, but are not limited to, community water supply wells, individual domestic wells, commercial wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined in this section, and other wells whose regulation is necessary to accomplish the purposes of this chapter. 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 Health Officer.

Z. “Well Standards Advisory Board” means the Well Standards Advisory Board appointed by the Health Officer pursuant to this chapter. (Ord. 29 § 1, 1981; CC § 67.402)

8.56.030 State reporting.

Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Article 3 of Chapter 10 of Division 7 of the Water Code of the State or any successor thereto. (Ord. 29 § 1, 1981; CC § 67.403)

Article II. Well Standards Advisory Board

8.56.040 Establishment.

There is created or established in the County, the well standards advisory board referred to in this chapter as “advisory board.” (Ord. 29 § 1, 1981; CC § 67.410)

8.56.050 Members.

The advisory board shall consist of seven members, two of whom shall be from the well drilling industry, all of whom shall be residents of the County. Said members shall be appointed by the Health Officer and each member shall serve until he resigns or is removed by the Health Officer. Members of the advisory board shall serve without compensation. (Ord. 29 § 1, 1981; CC § 67.411)

8.56.060 Meetings.

A Chairman of the advisory board shall be elected by the members thereof at the first meeting of the advisory board. Such Chairman shall serve for a term and shall have the duties established by rules and regulations to be adopted by the advisory board. The advisory board may prepare and adopt such rules and regulations for the internal government of its business as it may deem necessary or advisable. A staff member of the Department of Health Services designated by the Health Officer shall serve as secretary to the advisory board. The advisory board shall meet from time to time at the request of the Health Officer. Three members shall constitute a quorum. The advisory board shall keep written minutes of its meetings, a copy of which shall be filed with the Health Officer. (Ord. 29 § 1, 1981; CC § 67.412)

8.56.070 Responsibilities.

The advisory board is an advisory body with respect to the implementation of this chapter. It may make such recommendations to the Health Officer as it may deem reasonable and proper, necessary or advisable. (Ord. 29 § 1, 1981; CC § 67.413)

Article III. Standards

8.56.080 Generally.

No person shall construct, repair, reconstruct or destroy any well subject to this chapter which does not conform to the standards established in this chapter. (Ord. 29 § 1, 1981; CC § 67.420)

8.56.090 Standards for water wells.

Standards for the construction, repair, reconstruction or destruction of water wells shall be as set forth in Chapter II of State Department of Water Resources Bulletin No. 74, three copies of which have been filed with the Clerk of the Board of Supervisors and marked as Document No. 481211, with the following modifications:

A. Part II, Section 8 (A) is amended by adding the following to footnote 1 and reading as follows:

Shallow dug, or bored wells used for community water supply shall be located at least 250 feet from any sewage disposal facility.

B. Part II, Section 9 (A) is amended by substituting “20 ft. 1/” for “none 3/,” automatically deleting the 3/ footnote.

C. Part II, Section 9 (E) is amended by adding the following footnote following section title:

** Exception – where the air-rotary method is used for individual domestic wells 8″ in diameter or smaller, the thickness of seal may be reduced to 1″.

D. Part II, Section 10 (B) is amended by deleting the entire section with exception of that portion of the first sentence which states:

Because of their susceptibility to contamination and pollution, the use of well pits should be avoided.

E. Part II, Section 15 (A), Item 3 is amended by deleting the following phrase:

Where the water is to be used for domestic purposes.

F. Part II, Section 16 is amended by deleting from Title 16 title the words “Large diameter” and substituting the words “Bored or dug.”

G. Part II, Section 16 (A) is amended by deleting the word “Underground” from the last sentence so that the sentence reads as follows:

When used for this purpose, these wells shall be located at least 250 feet from any sewage disposal facility.

(Ord. 29 § 1, 1981; CC § 67.421)

8.56.100 Standards for cathodic protection wells.

Standards for the construction, repair, reconstruction or destruction of cathodic protection wells shall be as set forth in Bulletin No. 74-1 of the State Department of Water Resources, three copies of which are filed with the Clerk of the Board and marked as Document No. 481211B, with the following modifications:

A. Chapter II, Part I, Section 1-A is amended by deleting the definition of “Cathodic Protection Well” as printed and adding the following:

A. Cathodic Protection Well: A cathodic protection well means an artificial excavation in excess of 20 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as Cathodic Protection.

B. Chapter II, Part II, Section 8 is amended by deleting the word “Location” in the title and adding the word “Construction” so that the title reads:

WELL CONSTRUCTION WITH RESPECT TO POLLUTANTS

C. Chapter II, Part II, Section 10 is amended by deleting Subsection A-4 and the asterisked footnote in their entirety.

D. Chapter II, Part III, Section 13B is amended, by deleting the phrase “If the casing is 8 inches or larger in diameter” thereby leaving the phrase “The well is covered with an appropriate locked cap.” (Ord. 29 § 1, 1981; CC § 67.422)

Article IV. Nuisances

8.56.110 Investigation.

The Health Officer may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating groundwater, or constitutes a safety hazard, investigate the situation to determine whether such a nuisance does in fact exist. He shall have the power, when in the performance of his duty and upon first presenting his credentials and identifying himself as an employee of the Department of Health Services to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of 8:00 a.m. and 6:00 p.m. to discover or inspect any thing or condition which appears to indicate such a nuisance. He may determine such premises, things or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists. (Ord. 29 § 1, 1981; CC § 67.430)

8.56.120 Order to abate nuisance.

A. Whenever the Health Officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating groundwater, or constitutes a safety hazard, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of 10 days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The Health Officer may for good cause extend the time specified in the order or otherwise modify or rescind the order.

B. The order of abatement shall advise the possessors and owners of the property of their right to appeal to the City Council and to stay the order of abatement pending such appeal. (Ord. 29 § 1, 1981; CC § 67.431)

8.56.140 Abatement by City.

In the event that a nuisance is not abated in accordance with an order of abatement, the Health Officer may, upon securing the approval of the City Council, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the Council. (Ord. 29 § 1, 1981; CC § 67.433)

8.56.150 Payment of cost by owner.

A. The Health Officer shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property.

B. A hearing shall be held on said report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least 10 days prior to the date set for the hearing. The City Council shall determine at the hearing the correct charge to be made for the work.

C. All costs of abatement carried out under the terms of this section shall constitute a charge and special assessment against the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that property as provided in Government Code Section 25845. The assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to such special assessment. In addition to its rights to impose said special assessment, the City shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession of control jointly and severally. (Ord. 29 § 1, 1981; CC § 67.434)

Article V. Construction, Repair, Reconstruction and Destruction of Wells

8.56.160 Acts prohibited.

No person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the Health Officer as provided in this chapter, and unless the work done shall conform to the standards specified in this chapter and all the conditions of the said permit. (Ord. 29 § 1, 1981; CC § 67.440)

8.56.170 Permits.

A. Applications. Applications for permits shall be made to the Health Officer and shall include the following:

1. A plot plan showing the location of the well with respect to the following items within a radius of 250 feet from the well:

a. Property lines,

b. Waste disposal systems or works carrying or containing sewage, industrial wastes or solid wastes,

c. All intermittent or perennial, natural or artificial bodies of water or watercourses,

d. The approximate drainage pattern of the property,

e. Other wells,

f. Structures, surface or subsurface;

2. Location of the property, and the Assessor’s parcel number;

3. The name of the person who will construct the well;

4. The proposed minimum and the proposed maximum depth of the well;

5. The proposed minimum depths and types of casings and minimum depths of perforations to be used;

6. The proposed use of the well;

7. Other information as may be necessary to determine if the underground waters will be adequately protected.

B. Fees. Each application shall be accompanied by a fee as set forth in PMC 8.20.080.

C. Conditions. Permits shall be issued to compliance with the standards provided in this chapter except that such standards shall be inapplicable or modified as expressly provided by the Health Officer in such permit upon his finding that such modifications or inapplicability will accomplish the purposes of this chapter. Permits may also include any other condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this chapter.

D. Grounds for Refusal of Permit. The Health Officer may refuse to issue a permit for any of the following reasons:

1. The applicant is not a person authorized to perform the work as provided in this chapter;

2. The applicant fails to post the required surety bond or cash deposit as provided in this chapter;

3. The permit application is not in proper form;

4. The proposed well would create a water pollution problem or would aggravate a pre-existing water pollution problem or would violate any of the standards established in Chapter 8.48 PMC.

E. Term – Completion of Work. The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. The permittee shall notify the Health Officer in writing upon completion of the work and submit a copy of the well drilling log and no work shall be deemed to have been completed until such written notification and a copy of the well drilling log have been received. A final inspection of the work shall be made by the Health Officer unless such inspection is waived by him, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed or waived.

F. Guarantee of Performance. Prior to the issuance of a permit, the applicant shall post with the Health Officer a cash deposit or bond guaranteeing compliance with the terms of this chapter and the applicable permit, such bond to be in an amount deemed necessary by the Health Officer to remedy improper work but not in excess of $2,500. Such deposit or bond may be waived by the Health Officer where other assurances of compliance are deemed adequate by him.

G. Continuous Bond or Cash Deposit. In lieu of furnishing a separate bond for each permit as provided above, a properly licensed contractor may deposit with the Health Officer a surety bond or cash deposit in the amount of $2,500, which bond or cash deposit shall be available to remedy any improper work done by the contractor pursuant to any permit issued under this chapter.

H. Denial of a permit may be appealed in accordance with Chapter 2.20 PMC. (Ord. 492 § 3, 1998; Ord. 67 § 1, 1982; CC Ord. 6378 § 22, 1982; Ord. 29 § 1, 1981; CC § 67.441)

8.56.180 Person authorized to perform work.

Construction, reconstruction, repair and destruction of wells shall be performed by a contractor licensed in accordance with the provisions of the Contractor’s License Law (Business and Professions Code, chapter 9, division 3) unless exempted by that law. (Ord. 29 § 1, 1981; CC § 67.442)

8.56.190 Inspections.

A. Upon receipt of an application, an inspection of the well location may be required by the Health Officer to be made by the Health Officer prior to issuance of a well permit.

B. The Health Officer or any person designated by the Health Officer may inspect the work in progress and may enter the premises at any reasonable time for the purpose of performing such inspection.

C. After work has been completed pursuant to any permit the Health Officer shall be notified by the person performing the work and the Health Department shall make a final inspection of the completed work to determine compliance with the well standards. (Ord. 29 § 1, 1981; CC § 67.443)

8.56.200 Expiration of permit.

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed within 120 days following the issuance of the permit.

B. Upon expiration of any permit issued pursuant to this chapter, no further work may be done in connection with construction, repair, reconstruction or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter. (Ord. 29 § 1, 1981; CC § 67.444)

8.56.210 Extension of permit.

Any permit issued pursuant to this chapter may be extended at the option of the Health Officer. Each individual extension granted by the Health Officer shall be for not longer than 120 days. In no event shall the Health Officer grant an extension which would make the total term of the permit exceed one year. Application for extension shall be made on a form provided by the Health Officer. The fee for submitting such application shall be in an amount as established by City Council resolution from time to time. (Ord. 683 § 33, 2008; Ord. 29 § 1, 1981; CC § 67.445)

8.56.220 Revocation or suspension.

A. A permit issued under this chapter may be revoked or suspended by the Health Officer as hereinafter provided if he determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustments within 30 days after receiving such notice.

B. A permit may be so revoked or suspended by the Health Officer if he determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation; provided, that notice of the time and place of such hearing is given to the permittee at least five days prior thereto.

C. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee, and the time for filing an appeal to the Board of Supervisors has expired. The notice shall advise the permittee of his right to appeal to the Board of Supervisors and to stay the suspension or revocation pending such appeal. (Ord. 29 § 1, 1981; CC § 67.446)

8.56.230 Log of well.

Any person who has drilled, dug, excavated or bored a well shall, upon completion of the well, submit to the Health Officer an accurate and complete log to include:

A. A detailed record of the boundaries, character, size distribution and color of all lithologic units penetrated;

B. Type of well casing;

C. Location of perforations and sealing zones; and

D. Any other data deemed necessary by the Health Officer. In areas where insufficient subsurface information is available, the Health Officer may require inspection of the well log prior to any operation. (Ord. 29 § 1, 1981; CC § 67.447)