[Ord. #295, S1; Ord. #90-1, S2; Ord. #93-1, S1; Ord. #93-3,
S1; Ord. #00-10, S1]
No water wells of any type shall be drilled within the City
of Firebaugh for domestic purposes or to produce water for human consumption,
except by the City of Firebaugh. No new agricultural or irrigation
wells of any type shall be drilled within the City of Firebaugh except
in the "O" or "G" Zone Districts and only to replace an existing identical
well which is concurrently abandoned. No water wells of any type shall
be drilled within the City of Firebaugh for any other purpose unless
a permit is obtained as provided hereinafter in this chapter.
[Ord. #295, S2; Ord. #90-1, S2]
Any private water well in use within the city shall be discontinued
immediately, and the well shall be abandoned.
[Ord. #295, S3; Ord. #90-1, S2]
Every abandoned private water well within the city shall be
capped or filled within 90 days at the expense of its owner, in the
following manner: The owner shall present to the city engineer a plan
for the filling or capping of the well which will protect the underground
water supply beneath the city from intrusion of surface waters in
such a manner as to contaminate presently existing levels of drinkable
water, and to prevent the flow of brackish, saline or contaminated
water from one level of ground water into a level in which the ground
water is substantially uncontaminated, and not brackish or saline.
If the city engineer certifies that the plan is workable and will
meet these purposes, the well shall be filled and capped in accordance
with the approved plan.
[Ord. #295, S4; Ord. #90-1, S2; Ord. #94-7, S1]
a.
No well shall be drilled for the exploration or production of oil,
gas or other hydrocarbons, except under the following circumstances:
no well or excavation shall be made or drilled for the exploration
or production of oil, gas or other hydrocarbons in any residential
zone district. In nonresidential zone districts, and subject to any
other process or requirements contained in the municipal code, the
party proposing to drill shall submit to the city clerk a written
plan for the drilling of the well, showing in detail the precautions
which will be taken in order to insure that the integrity of the ground
water supply is protected during the course of the drilling, while
any oil, gas or other hydrocarbons are being produced, and in the
event that the well becomes inoperative or is abandoned. With this
application a fee of $100 shall be submitted to the city clerk. The
application shall be referred to the city engineer, and no permit
shall be issued by the city council for the drilling of the well unless
the city engineer certifies that the plan, either as originally filed,
or as revised by agreement between him and the driller, meets the
objectives of protection of the ground water supply, set forth in
the written plan. The city engineer shall recommend to the council
the amount of the bond reasonably necessary to insure that the approved
plan will be complied with during the original drilling, the production
and in the event of any abandonment.
b.
No permit shall be issued until the city council authorizes the issuance
of a permit following a public hearing notice in the manner prescribed
by subsection 25-4.2c3 of the Municipal Code. No such drilling shall
be legal until the permit is issued. In the event of a dispute as
to the reasonableness of the demands of the engineer or the city clerk,
such dispute may be addressed to the city council and decided by them
during the public hearing. At least 10 days' notice of any proposed
hearing before the city council shall also be given to the city clerk,
the city engineer, and the Central Valley Regional Water Quality Control
Board.
[Ord. #90-1, S2]
It is the purpose of this section to protect the health, safety,
and general welfare of the people of the State of California by ensuring
that the ground waters of this state will not be polluted or contaminated.
To this end, minimum requirements are contained in this section for
construction, reconstruction, repair, and destruction[1] of water wells, cathodic protection wells, and monitoring
wells.
[1]
The California Water Code section 13801(b) refers to well
construction, maintenance, and abandonment standards. Since the Department
of Water Resources' "Water Well Standards" defines an abandoned
well in terms of an undesirable condition, best remedied by destruction
of the well, this usage is followed in this chapter.
[Ord. #90-1, S2; Ord. #93-1, S2]
a.
As Defined in Other Documents. Except as otherwise required by the context of this section, the terms used in this section, shall have the same meaning as in Chapter 10 of Division 7 of the California Water Code and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions.
b.
BOARD - shall mean the Firebaugh City Council.
c.
ENFORCEMENT AGENCY – shall mean that agency designated by the
board to administer and enforce this section, or, absent a designation,
the Firebaugh City Council.
d.
PERSON – shall mean any person, association, partnership, firm,
corporation or governmental agency, to the extent authorized by law.
e.
WELL OR WATER WELL. The California Water Code, section 13710, defines
well or water well to mean "... any artificial excavation constructed
by any method for the purpose of extracting water from, or injecting
water into, the underground." The State Water Resources Control Board
does not intend that potholes, drainage trenches or canals, waste
water ponds, or similar excavations be included within the definition
of wells.
f.
TENSE OR GENDER. Words used in the present tense include the future
as well as the present. Words used in the masculine gender include
the feminine and neuter. The singular number includes the plural,
and the plural the singular.
g.
SECTION HEADINGS, when contained in this section, – shall not
be deemed to govern, limit, modify, or in any manner affect the scope,
meaning, or intent of the provisions of any subsection.
[Ord. #90-1, S2]
No person shall dig, bore, drill, deepen, modify, repair, or
destroy a water well, cathodic protection well, observation well,
monitoring well or any other excavation that may intersect ground
water without first applying for and receiving a permit as provided
in this section unless exempted by law.
[Ord. #90-1, S2]
Any person who shall commence any work for which a permit is
required by this section without having obtained a permit shall be
required, if subsequently granted a permit for this work, to pay double
the standard permit fee.
[Ord. #90-1, S2; Ord. #93-1, S3; Ord. #93-3, S2]
The provisions of this section and chapter shall apply to emergency work required to maintain existing agricultural supply systems or to replace an existing agricultural or irrigation well which is concurrently abandoned. No emergency of any kind relating to existing agricultural supply systems shall relieve the applicant, property owner or well driller as the case may be, from fully complying with the requirements of this chapter and this section. In the event an application is received pursuant to section 21-2.2.4 which indicates a need for urgent or emergency processing, the city engineer shall analyze and process the application and present his recommendations and findings to the board within 10 days.
[Ord. #90-1, S2; Ord. #93-1, S4; Ord. #93-3, S3]
Applications for permits pursuant to this chapter and section shall be made to the enforcement agency on forms approved by the agency and shall contain all such information the enforcement agency requires to accomplish the purposes of this section and chapter, including, but not limited to: a verified statement of the property owner or applicant setting forth the location of the proposed well, the purpose for which the water from the proposed well will be used, a detailed sketch of the proposed installation, an indication of the proposed depth and diameter of the well, the identity of the proposed well driller and the sizing, make and model of the pumping equipment to be installed on the proposed well. The completed application shall be accompanied by a completed hydrology study, prepared by a recognized hydrologist approved by the city engineer. The study shall analyze the ground water geology and hydrology at the site of the proposed well and shall analyze the effect and impact, if any, of the proposed well on the nearest domestic water wells owned and operated by the City of Firebaugh. The completed application shall be accompanied by the required filing fee of $250 payable to the city clerk. If the enforcement agency finds the application contains all necessary information, it shall thereupon investigate the proposed drilling of said well to determine whether the proposed drilling of said well will pollute, affect or imperil the public water supply of the City of Firebaugh or of the State of California. If the enforcement agency finds that the drilling of said well, as proposed, would pollute, adversely affect or imperil the public water supply of the city or the State of California, it shall notify the city council of the city and, pursuant to the provisions of this section and this chapter, the city council shall deny the permit. Agricultural or irrigation well drilling permits shall only be approved if the proposed well site is located on property that is zoned in a manner which allows for agriculture or farming as a permitted use and under the circumstances described in section 21-1.1. In all other cases, following such investigation, the enforcement agency shall issue a permit with such conditions as are necessary to fulfill the purposes of this chapter and this section. Any permit issued and approved pursuant to this section shall be valid for a period of six months from the date of its issuance and, thereupon, shall expire and shall not be renewable.
[Ord. #90-1, S2]
Filing fees may be set by the board from time to time by ordinance.
[Ord. #90-1, S2]
a.
Limitations. When the enforcement agency issues a permit pursuant
to this section, it may condition the permit in any manner necessary
to carry out the purposes of this section. Conditions may include,
but are not limited to such quantity and quality testing methods as
the enforcement agency finds necessary.
b.
Performance Bond. The enforcement agency may require a performance
bond as a condition to the permit.
c.
Persons Permitted to Work on Wells. All construction, reconstruction,
or destruction work on wells shall be performed by a person who possesses
an active C-57 contractor's license in accordance with the provisions
of the California Business and Professions Code, Section 7000, et.
seq. and Water Code Section 13750.5.
d.
Proper Disposal of Drilling Fluids. The permit shall contain a clause
requiring the safe and appropriate handling and disposal of drilling
fluids and other drilling materials used in connections with the permitted
work.
e.
Abandoned Wells. As a condition of a construction or reconstruction
permit, any abandoned wells on the property shall be destroyed in
accordance with standards provided in this section.
f.
Posting Permit. It shall be the responsibility of the permittee to
maintain a copy of this permit on the drilling site during all stages
of construction or destruction.
[Ord. #90-1, S2]
The enforcement agency shall deny an application for a permit
if, in its judgment, issuance of a permit is not in the public interest.
[Ord. #90-1, S2]
The permittee shall complete the work authorized by the permit
within the time and before the date set out in the permit. If there
have been exceptional circumstances, the enforcement agency may grant
the applicant an extension. Upon the expiration of the permit, no
further work shall be done unless and until the applicant has received
an extension or a new permit.
[Ord. #90-1, S2]
a.
Circumstances for Such Action. The enforcement agency may suspend
or revoke any permit issued pursuant to this section, whenever it
finds that the permittee has violated any of the provisions of this
section, or has misrepresented any material fact in his application,
or any supporting documents, for such a permit. Prior to ordering
any such suspension or revocation, the enforcement agency shall give
the permittee an opportunity for a hearing thereon, after reasonable
notice. The hearing shall be before the enforcement agency head or
his designated representative. An appeal may be made as set forth
below.
b.
Consequences. No person whose permit has been suspended or revoked
shall continue to perform the work for which the permit was granted
until, in the case of suspension, such permit has been reinstated
by the enforcement agency.
c.
Ordered Additional Work. Upon suspending or revoking any permit,
the enforcement agency may order the permittee to perform any work
reasonably necessary to protect the underground waters from pollution
or contamination, if any work already done by the permittee has left
a well in such condition as to constitute a hazard to the quality
of the underground waters. No permittee or person who has held any
permit issued pursuant to this section shall fail to comply with any
such order.
[Ord. #90-1, S2]
Except as otherwise specified, the standards for the construction,
repair, reconstruction, or destruction of wells shall be as set forth
in the following subsections.
[Ord. #90-1, S2]
The California Department of Water Resources Bulletin 74-81
"Water Well Standards, State of California" except as modified by
subsequent revisions.
[Ord. #90-1, S2]
All subsequent Bulletin 74-81 supplements or revisions issued
by the Department 74-81 supplements or revisions issued by the Department
of Water Resources, once the revised standards have been reviewed
at appropriate public hearing.
[Ord. #90-1, S2]
The enforcement agency shall have the power under the following
specified conditions to grant a variance from any provision of the
standards referenced above and to prescribe alternative requirements
in their place.
[Ord. #90-1, S2]
There must be, in a specific case, a special circumstance where
practical difficulties or unnecessary hardship would result from the
strict interpretation and enforcement of any standard.
[Ord. #90-1, S2]
The granting of such a variance is consistent with the purposes
of this section.
[Ord. #90-1, S2]
The enforcement agency may designate areas where ground water
quality problems are known to exist and where a well will penetrate
more than one aquifer. The enforcement agency may require in these
designated areas special well seal(s) to prevent mixing of water from
several aquifers. Where an applicant proposes well construction, reconstruction,
or destruction work in such an area, the enforcement agency may require
the applicant to provide a report prepared by a registered geologist
or registered civil engineer (California Business and Professions
Code Sections 7850 and 6762 respectively) that identifies all strata
containing poor quality water and recommends the location and specifications
of the seal or seals needed to prevent the entrance of poor-quality
water or its migration into other aquifers.
[Ord. #90-1, S2]
The enforcement agency shall make an inspection of the annular
seal construction work. It may make an initial inspection of each
proposed drilling site, an inspection at the completion of the work,
and inspections at such other times as it deems appropriate.
[Ord. #90-1, S2]
Upon receipt of an application, the enforcement agency may make
an inspection of the drilling site prior to the issuance of a well
permit. The purpose of this inspection is to determine whether there
are any site conditions such that the enforcement agency shall do
the following:
a.
Relocation of Drilling Site. Require relocation of the drilling site
should be the location shown on the permit application be too close
to potential sources of pollution.
b.
Additional Conditions. Set additional conditions if needed to remedy
any previously unknown ground water quality protection problems.
[Ord. #90-1, S2]
The enforcement agency shall inspect the annular space grout
depth prior to the sealing.
a.
Required Notice. The enforcement agency shall be notified by the
well driller a minimum of 24 hours prior to sealing the annular space.
Drillers who anticipate completing a well in less than one day shall
notify the enforcement agency 24 hours prior to commencement of drilling
and provide the anticipated time to commence the sealing of the annular
space.
b.
Should Enforcement Agency Fail to be Present. If the enforcement
agency wishes to allow a seal to be tremied or placed without inspection,
the driller shall seal the well in accordance with the standards of
this section and any permit conditions. No seal shall be tremied or
placed until permission to proceed is given.
[Ord. #90-1, S2]
If requested by the enforcement agency, the driller shall notify
the enforcement agency within seven days of the completion of their
work at each drilling site. The enforcement agency may make a final
inspection after completion of the work to determine whether the well
was completed in accordance with this section.
[Ord. #90-1, S2]
The enforcement agency may waive inspections should any of the
following conditions exist:
a.
Well Inspected by Other Agencies. Inspections may be waived where
the work will be inspected by the staff of the California Regional
Water Quality Control Board or the California Department of Health
Services if these designated agencies will inspect and report to the
enforcement agency on all drilling features required by the Standards.
b.
Monitoring Wells Under Specified Conditions. Inspections may be waived
for monitoring wells that will penetrate only aquifers containing
degraded waters or will penetrate only formations that normally contain
no water.
c.
Drilling Sites Known to Have No Threats to Ground Water Quality.
Initial inspections may be waived when the drilling site is well known
to the enforcement agency staff and it is known that no significant
threats to ground water quality exist in the area.
[Ord. #90-1, S2]
The driller shall provide the enforcement agency a completion
report within 30 days of the completion of any well construction,
reconstruction, or destruction job.
[Ord. #90-1, S2]
A copy of the "Report of Completion" (Water Well Driller's
Report, Department of Water Resources Form 188) required by California
Water Code Section 13751 shall be submitted by the permittee to the
enforcement agency within 30 days of construction, alteration, or
destruction of any well. This report shall document that the work
was completed in accordance with the standards and all additional
permit conditions. This subsection shall not be deemed to release
any person from the requirement to file said report with the state
Department of Water Resources.
[Ord. #90-1, S2]
In accordance with California Water Code Section 13752, reports
will not be available for inspection by the public but shall be made
available for inspection by governmental agencies for use in making
studies. Reports shall be made available to any person who obtains
written authorization from the owner of the well.
[Ord. #90-1, S2]
Nothing in this section shall be deemed to excuse any person
from compliance with the provisions of California Water Code Sections
13750 through 13755 relating to notices and reports of completion
or any other federal, state, or local reporting regulations.
[Ord. #90-1, S2]
Any person whose application for a permit has been denied, or
granted conditionally, or whose permit has been suspended or revoked,
or whose variance request has been denied, may appeal to the Board,
in writing, within 10 days after any such denial, conditional granting,
suspension, or revocation. Such appeal shall specify the grounds upon
which it is taken, and shall be accompanied by a filing fee as set
forth herein. The clerk of the board shall set such appeal for hearing
at the earliest practicable time, and shall notify the appellant and
the enforcement agency, in writing, of the time so set at least five
days prior to the hearing.
[Ord. #90-1, S2]
After such hearing, the board may reverse, wholly or partly,
or may modify the order or determination appealed from.
[Ord. #90-1, S2]
Representatives of the enforcement agency shall have the right
to enter upon any premises at all reasonable times to make inspections
and tests for the purpose of such enforcement and administration.
If any such premises are occupied, he shall first present proper credentials
and demand entry. If the same is unoccupied, he shall first make a
reasonable effort to locate the owner or other person having charge
or control of same and demand entry. If such entry is refused, he
shall have recourse to such remedies as are provided by law to secure
entry.
[Ord. #90-1, S2]
All persons owning an abandoned well as defined in the well
standards shall destroy it before December 31, 1991 except those excluded
by California Health and Safety Code Section 24440.
[Ord. #90-1, S2]
[Ord. #90-1, S2]
a.
Notice of Violation Recordation. Whenever the enforcement agency
determines that (1) a well has not been completed in accordance with
a well permit or the plans and specification relating thereto, (2)
has been constructed without the required permit, or (3) an abandoned
well has not been destroyed in accordance with the standards, the
enforcement agency may record a notice of violation with the office
of the county recorder. The owner(s) of the property, as revealed
by the assessment roll, on which the violation is situated and any
other person responsible for the violation shall be notified of the
recordation, if their address is available.
If the property owner(s) or authorized agent disagree with the
determination, he may submit evidence to the enforcement agency indicating
that there is no violation and then shall have a right to appeal an
adverse decision of the enforcement agency to the board in accordance
with the provisions of the following:
b.
Appeal — Action by the Board.
1.
Date of Hearing. Upon receipt of the notice of appeal, the board
shall, within 15 days following the filing of the appeal, set a date
for public hearing thereon.
2.
Evidence. The evidence before the board shall consist of the records
in the enforcement agency's files and any other relevant evidence
which, in the judgment of the board, should be considered to effectuate
and implement the policies of this section.
3.
Decision by Board. The board may reverse or affirm, wholly or in
part, or modify the decision or the notice of violation and may make
such order as should be made. Such action shall be final.
c.
Removal of Violation Notice. The enforcement agency shall submit
a removal of notice of violation to the county recorder when (1) it
is determined by the enforcement agency or the board, after review,
that no violation of this section exists: or (2) all required and
corrective work has been completed and approved by the enforcement
agency.
[Ord. #90-1, S2]
Violations of this section may also be redressed in the manner
hereinafter set forth by civil action. In addition to being subject
to prosecution, any person who violates any of the provisions of this
section may be made the subject of a civil motion. Appropriate civil
action includes, but is not limited to, injunctive relief and cost
recovery.
[Ord. #90-1, S2]
The remedies available to the Board to enforce this section
are in addition to any other remedies available under ordinance or
statute, and do not replace or supplant any other remedy but are cumulative
thereto.
[Ord. #90-1, S2]
Pursuant to California Water Code Section 13225(c), the enforcement
agency shall submit a report, not less than annually, to the California
Regional Water Quality Control Board(s) having jurisdiction in their
area. This report shall contain the following data, unless the Regional
Board determines a lesser amount of information is necessary.
[Ord. #90-1, S2]
The number of wells constructed or destroyed.
[Ord. #90-1, S2]
Descriptions of all well destructions undertaken by the enforcement
agency using its regulatory authority under nuisance abatement powers.
[Ord. #90-1, S2]
A description of each specific case where variances were granted
and the circumstances that made a variance necessary.
[Ord. #90-1, S2]
A description of each specific case where an inspection was
waived and the circumstances that made the waiver necessary.
[Ord. #295, S1; Ord. #90-1, S2]
It is the purpose of this section to provide a just, equitable
and practiced method, to be cumulative with and in addition to any
other remedy under the ordinance of the city or otherwise available
at law, whereby private irrigation and drainage canals may be required
to be operated and maintained in a fashion to reduce the hazard to
the life, limb, health, property, safety and general welfare of the
people of this city which hazard exists by virtue of the proximity
of said canals to developed and inhabited areas within the city.
[Ord. #295, S2; Ord. #90-1, S2]
As used in this section:
a.
CANAL – shall mean an artificial ditch or trench in the earth
for confining water to a defined channel, to be used for purposes
of transportation. It includes the banks and the appurtenant facilities
constituting the whole works and facilities for the transportation
of the water.
b.
PRIVATE - shall mean ownership, lease, sublease or use by any person,
firm, or corporations, except the United States, the State of California,
a political subdivision of the State, State Agency, County, city or
special district formed pursuant to general law or special act for
the local performance of governmental or proprietary functions within
limited boundaries.
[Ord. #295, S3; Ord. #90-1, S2]
Every person, firm, or private corporation, whether as owner,
lessee, sublessee, or water user, that shall construct, operate, maintain,
use or take water from a private irrigation or drainage canal contrary
to or in violation of the provisions of this section, and each day
that the canal is operated, maintained, used, or water taken therefrom
contrary to or in violation of this section shall be deemed a separate
offense.
[Ord. #295, S4; Ord. #90-1, S2]
All private irrigation and drainage canals shall be constructed
and maintained so that the water is not permitted to discharge, flow,
or seep onto adjacent property. The banks of the canals shall be kept
free of weeds and other growth and the canals free of debris and flotsam.
All weirs and/or gates shall have locks in good order to prevent tampering.
