CHAPTER 53
DOMESTIC WATER WELL PERMITTING
Section
53.06 Conditions of denial/appeal
53.07 Expiration or extension of permit
53.08 Permit revocation or suspension
53.01 PURPOSE.
The purpose of this chapter is to preserve and protect the public water supply of the city, the aquifer upon which the city relies, and water quality.
(Ord. 06-63)
53.02 JURISDICTION.
This chapter shall apply to all domestic wells within the exterior boundaries of the city. An applicant for a domestic water well located within the exterior boundaries of a municipality with a new domestic water well drilling ordinance shall obtain a permit to drill the well from the municipality subsequent to the State Engineer’s approval pursuant to NMSA 1978 § 3-53-1.1(E).
(Ord. 06-63; Am. Ord. 19-29)
53.03 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning, they have in common usage and to give this chapter its most reasonable application.
CONTAMINATION. An actual or potential impairment of a potable water source by the introduction of any substance that could cause a health hazard.
CROSS CONNECTION. An actual or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances, would allow such substances to enter the potable water system. Other substances include gases, liquids, or solids, such as chemicals, waste products, steam, and water from other sources (potable or non-potable), or any matter that may change the taste, color, or odor of the water.
DISTRIBUTION SYSTEM. Includes the facilities, conduits, or any other means used for the delivery of water from the source facilities to the customer’s system.
DOMESTIC WELL. Any well used or proposed to be used to supply water for domestic needs other than a public water supply system and authorizes, NMSA 1978 § 72-12-1.1, and as it may be amended from time to time. This definition includes water used for irrigation of noncommercial trees, lawns and gardens.
DOMESTIC WELL CONSTRUCTION AND ABANDONMENT STANDARD MANUAL. The manual of procedures for the implementation of the City of Rio Rancho and the Domestic Water Well Permitting Program to provide for standardizing the construction and abandonment standards for domestic water wells for the protection of the public water supply. The Standards Manual shall be published and enforced by the City of Rio Rancho.
DRILL RIG SUPERVISOR. A person registered by the office of the state engineer who may provide onsite supervision of well drilling activities. A DRILL RIG SUPERVISOR shall only provide onsite supervision when he is operating under the direction of a licensed well driller.
DRILLING. Drilling, deepening, repairing, cleaning, or plugging of a well requiring the use of a well rig. Within the meaning of these rules and regulations, DRILLING can only be performed by a licensed well driller.
LICENSED WELL DRILLER. A person who holds a valid and current well driller license in the State of New Mexico issued by the State Engineer and a current business license from the city. The license will show what activities the driller named therein are authorized to perform.
NEW MEXICO ENVIRONMENT DEPARTMENT-DRINKING WATER BUREAU. A state agency charged with preserving, protecting and improving New Mexico’s drinking water quality for present and future generations. See NMSA 1978, §§ 74-1-8 and 74-1-13.1.
OFFICE OF THE STATE ENGINEER. A state agency charged with administering the state’s water resources. See NMSA 1978 §§ 72-2-8, 72-2-12, 72-13-4.
PERMIT. A well permit issued by the Office of the State Engineer and the City of Rio Rancho that has not been cancelled or expired due to:
(1) Non-construction within the specified time; or
(2) Failure to construct the well in accordance with the terms of the well permit and file the required notices and/or reports with the city.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental agency or other legal entity, or their legal representative, agents or assigns.
POLLUTION. An alteration of water by waste to a degree which unreasonably affects such water for beneficial uses, or facilities which serve such beneficial uses. POLLUTION may include CONTAMINATION.
POTABLE WATER. Water that is free from contaminants, safe for human consumption and does not exceed the maximum contaminant levels as specified in the New Mexico Environmental Improvement Boards’ Drinking Water Regulations.
REPAIR, REHABILITATION OR RECONSTRUCTION. Modifying the original construction of a well. Includes, but is not limited to, deepening the well, replacing a pump, installing or replacing a screen with one of a different diameter or length, installing a pitless adapter, extending the casing. Replacing a screen with one of identical diameter and length, replacing a pitless adapter, or acidizing a well would be considered repair, not rehabilitation or reconstruction.
REPLACEMENT WELL. A well being constructed to take the place of an existing well that is being taken out of service and is being abandoned.
RESPONSIBLE PARTY. The legal owner of the property or his designated agent.
SERVICE CONNECTION. the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter or property line.
UTILITY CONTRACTOR. The contractor hired by the city to operate and maintain the city’s water and wastewater system.
UTILITIES DIRECTOR. The Director of the City of Rio Rancho Utilities Department or his designee.
WATER SUPPLY-APPROVED. Any a public water system and any other water sources regulated by the New Mexico Environment Department.
WATER UTILITIES. The Utilities Department of the City of Rio Rancho.
(Ord. 06-63; Am. Ord. 16-13; Am. Ord. 19-29)
53.04 PERMIT REQUIREMENTS.
(A) No person or agent, contractor, subcontractor, representative, or employee thereof, shall dig, drill, bore, drive, reconstruct or abandon a domestic well within the exterior boundaries of the city that is to be, or has been, used to produce water, without first filing a written application to do so with the city, and receiving and retaining a valid permit as provided in this chapter. No person or agent, contractor, subcontractor, representative, or employee thereof shall be granted a permit to drill a domestic water well when the property is provided with and/or has access to city water.
(B) No person shall engage in any activity listed in this chapter unless he holds a well driller’s license issued by the Office of the State Engineer and holds a current business license with the city. Such person shall register annually with the Water Utilities prior to commencing any activity regulated by the ordinance. Responsibility of annual registration will be that of the well driller or contractor. The driller’s registration may be suspended if there are any outstanding reports regarding conducting activities without obtaining a permit required by city ordinance.
(C) The city shall act upon a domestic well application within 30 calendar days of the request. In the event the permit is denied due to deficiencies, the applicant shall be informed of such deficiencies at the time of being notified of such denial. The applicant, after initial denial, may resubmit a corrected application that addresses the deficiencies that were identified as part of the application denial.
(D) Inspection and entry. The permittee shall allow the city, or an authorized representative, upon the presentation of proper credentials and receiving consent from the permittee, enter at reasonable times upon or through the premises to conduct a sanitary survey, inspection or investigation:
(1) Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the city permit for a domestic well.
(2) Inspect at reasonable times any facilities, equipment, practices or operations regulated or required under the permit for a domestic well.
(E) The domestic well permit application shall be denied if the applicant’s property boundary is within the boundaries of the city and the property on which the well is to be drilled is within 200 feet of a water distribution line. Where a water distribution line is at or within 200 feet of the property, the applicant must connect to the city water system at the applicant’s expense. In the event of denial, the city shall provide domestic water service within 90 days to the applicant under the city’s usual and customary charges and rate schedules. The domestic well permit shall be issued if the city is unable to provide water service due to city ordinance, rules, regulations or actions, but due to no fault of the applicant.
(F) The city will not deny authorization for a domestic well permit, if the total cost to the applicant of extending the municipal water line, meter and hook-up to the applicant’s residence exceeds the cost of drilling a domestic well regardless of the property’s distance from the city water distribution line. The applicant shall submit three line extension cost estimates. The applicant shall be responsible for demonstrating the cost of drilling domestic water well on the property and shall present to the city two written quotes by well drillers licensed by the State of New Mexico. The city shall determine whether the proposed cost is reasonable.
(G) No person shall engage in any activity subject to the jurisdiction of this chapter without first paying all applicable fees to the city in the amounts set forth by ordinance.
(H) Any person who shall commence any work for which a permit is required by the city without having obtained a permit shall, if subsequently granted a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work when it shall be established in writing to the satisfaction of the Utilities Director that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all cases in which emergency work is necessary, a permit shall be applied for within three working days after commencement of the work. The applicant for a permit for any such emergency work shall, in any case, demonstrate that all work performed complies with the technical standards of this chapter.
(I) An application for a permit to construct or reconstruct a domestic well shall be submitted to the city on the current approved form provided by the Utilities Department, and shall include the following information:
(1) A plot plan showing the proposed well location with respect to the following items within a radius of 300 from the well:
(a) Property lines.
(b) Sewage or waste disposal systems (including liquid waste disposal areas).
(c) All intermittent or perennial, natural, or artificial bodies of water or watercourses.
(d) The approximate drainage pattern of the property.
(e) Other wells, including abandoned wells.
(f) Access road(s) to the well site.
(g) Structures.
(h) Public water lines.
(i) Public sewer lines.
(j) All domestic and municipal wells.
(2) Location of the property with a vicinity map including the legal description of the property (Assessor Parcel Map, lot, block, unit).
(3) The name and Office of the State Engineer’s well driller’s license number.
(4) Other information that may be deemed necessary for the Water Utilities to determine if the underground waters will be adequately protected.
(J) All new and reconstructed domestic wells permitted and installed after the effective date of this chapter shall be equipped with a flow meter with a totalizer (in gallons) and monthly usage shall be recorded and reported annually to the Utilities Department. The property owner shall submit the annual meter readings each July. Failure to submit the annual meter reading is a violation of this section and may result in the property owner being assessed penalty fees as listed in Section 51.12.
(K) As a condition of permitting a replacement well located on property where there may be an existing but nonfunctioning domestic well, the nonfunctioning well shall be abandoned in accordance with applicable laws, regulations and this chapter. Replacement wells must meet all permit requirements set forth in this chapter.
(L) The applicant shall agree to dedicate a 20-foot easement along the necessary property line for the installation of future infrastructure.
(M) A site inspection by the city may be required prior to issuance of a permit for a domestic well.
(N) A permit fee shall accompany the application. The permit fee shall be nonrefundable.
(O) The completed well shall be inspected and shall be approved before issuance of a certificate of occupancy.
(Ord. 06-63; Am. Ord. 19-29)
53.05 CONDITIONS OF APPROVAL.
If the city determines that a permit should be issued in accordance with this chapter, the permit shall be issued after the applicant can demonstrate compliance with the standards provided and incorporated herein by reference in the Domestic Well Construction and Abandonment Standard Manual. Permits may include conditions and requirements found to be deemed necessary to accomplish the purpose of the chapter and otherwise conform to regulation of water use within the city. In those instances where the Manual does not address procedures and practices of well construction, modification, and abandonment, the Rules and Regulations of the Office of the State Engineer of New Mexico, the Manual of Water Well Construction Practices, (NGWA (1998) or most current) and/or the Standard for Water Wells, (AWWA (1998) or most current) shall be deferred to by the city.
(Ord. 06-63)
53.06 CONDITIONS OF DENIAL/APPEAL.
Where Water Utilities determines that the standards of this ordinance have not been met, it shall deny the application and provide the basis for the denial in writing. If the denial is for reasons other than those of § 53.04(E), a certificate of occupancy shall not be issued for the dwelling. The applicant is afforded an appeal hearing pursuant to the appeal process established in § 51.23.
(Ord. 06-63)
53.07 EXPIRATION OR EXTENSION OF PERMIT.
(A) Each permit issued for the drilling of a domestic well pursuant to this chapter shall become null and void if the work authorized thereby has not been completed within one year following the issuance of the permit. A permit to reconstruct or abandon a well shall become null and void unless the work is completed within 60 days of the issuance of the permit.
(B) Any permit issued pursuant to this chapter may be extended at the option of Water Utilities. Each individual extension for the drilling of a domestic well granted shall be for no longer than six months. In no event shall the city grant an extension that would make the total term of the permit exceed 18 months. Applications for extension shall be made on a form provided by the city.
(C) Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction 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. 06-63)
53.08 PERMIT REVOCATION OR SUSPENSION.
(A) The City of Rio Rancho may revoke or suspend a permit issued pursuant to this chapter upon a finding that:
(1) There is a violation of this chapter.
(2) Notice of violation has been sent to the permittee via certified mail in the form of a written notice specifying the violation.
(3) The permittee has failed or neglected to correct the violation within 20 days from the date the written notice is mailed via certified mail.
(B) A permit violation exists where any of the following conditions are present:
(1) The permit was issued based on incorrect information supplied by the permittee.
(2) The permittee violated any of the provisions of this chapter or the conditions and requirements attached to the permit.
(3) Evidence that the domestic well is causing environmental damage and/or has a negative effect on the groundwater or aquifer.
(C) A permit may be revoked or suspended by the city as provided for herein after the permittee is afforded an appeal hearing pursuant to the appeal process established in § 51.23. Notwithstanding the foregoing, a permit may be summarily revoked or suspended in the event that the city determines that exigent circumstances exist which demonstrate an immediate threat to the public health or safety. Upon a determination that exigent circumstances exist, a permittee shall be sent a written notice of violation pursuant to division (A) of this section.
(Ord. 06-63)
53.09 ENFORCEMENT.
(A) Except as otherwise provided in this section, the Utilities Director or his designee, and the Director of Development Services or his designee, including code enforcement officers, shall enforce this chapter, which shall include the inspection of premises and the issuance of notice of violations.
(B) Any person, firm, corporation, or association of persons who violate any provision of this chapter or violate the provisions of any permit granted pursuant to this chapter will be subjected to the assessment of fees stated herein.
(Ord. 06-63; Am. Ord. 19-29)
53.10 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements; and
(B) Liberally construed in favor of the city; and
(C) Deemed neither to limit nor repeal any other powers granted under state statute.
(Ord. 06-63)
53.11 FEES.
Schedule for permit fee and assessment of fees. The governing body will approve the schedule of fees to be charged by and paid to the city for permits. Complete schedules of all charges are listed in § 51.12(J), (K), and (L) and a copy of the charges will be kept at all times at the Water Utilities Division and the Office of the City Clerk.
(Ord. 06-63)