It is the purpose of this chapter to protect the health, safety
and general welfare of the people of the City of Roseville by ensuring
that the ground waters of the city will not be polluted or contaminated.
It is also the purpose of this chapter that all ground waters be used
to the benefit of the people of the City of Roseville. To this end,
minimum requirements are contained in this chapter for construction,
reconstruction, repair, use and destruction of water wells, cathodic
protection wells, monitoring wells, and soil boring activities undertaken
to investigate the environmental condition or waterbearing capacities
of a property.
(Ord. 2895 § 1, 1995)
Except as otherwise required by the context of this chapter,
the terms used in this chapter shall have the same meaning as in Chapter
10 of Division 7 of the California Water Code and the Department of
Water Resources Bulletin 74-90 (Bulletin 74-90) and subsequent supplements
or revisions.
The meaning of terms used in this chapter shall be as follows:
means a well that has not been used for one year or more
unless the owner demonstrates an intent to use the well again pursuant
to Bulletin 74-90.
means any person granted a well permit pursuant to this chapter.
means any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. The masculine gender shall include the feminine
and the singular shall include the plural where indicated by the context.
means any artificial excavation constructed by any method
for the purpose of extracting water from, or injecting water into,
the underground, and further including agricultural wells, monitoring
wells and wells excavated to investigate the environmental condition
of a property, but exclusive of wells used solely for the purpose
of dewatering excavations during construction or stabilizing hillsides
or embankments.
means a permit for a well issued pursuant to this chapter.
(Ord. 2895 § 1, 1995)
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 well permit as provided
in this chapter unless exempted by law.
(Ord. 2895 § 1, 1995)
A.
Applications
for well permits shall be made to the environmental utilities director
on forms provided by the city and shall contain all information as
required by the city to accomplish the purposes of this chapter. Each
application shall be accompanied by a site assessment work plan.
B.
The
city manager, or designee, shall determine if the applicant shall
be required to obtain consideration and/or approval of the Regional
Water Quality Control Board prior to the issuance of the well permit
by the environmental utilities director or designee.
(Ord. 2895 § 1, 1995; Ord. 6500 § 18, 2022)
A.
Applicable
fees as established by resolution adopted by the city council, as
amended from time to time, shall be paid prior to issuance of a well
permit.
B.
All
construction, reconstruction or destruction of wells shall be by a
person who possesses an active class C-57 contractors' license issued
in accordance with the provisions of the Contractors' State License
Law, Business and Professions Code, Section 7000 et seq.
C.
As
a condition of each well permit, the permittee shall be responsible
for the safe and appropriate handling and disposal of drilling fluids
and all other drilling materials used in connection with the permitted
work.
D.
It
shall be the responsibility of the permittee to maintain a copy of
the permit as issued at the drilling site during all stages of well
construction or destruction.
(Ord. 2895 § 1, 1995; Ord. 5800 § 37, 2017)
The permittee shall complete the work authorized by the permit
within the time and before the date set out in the permit. If there
are or have been exceptional circumstances, the environmental utilities
director may grant the permittee an extension of no more than 60 days.
Upon the expiration of the permit by the environmental utilities director,
no further work shall be done unless and until the permittee has received
a new permit.
(Ord. 2895 § 1, 1995)
A.
The
environmental utilities director may suspend or revoke any well permit
issued pursuant to this chapter, upon a finding that the permittee
has violated any of the provisions of this chapter or has misrepresented
any material fact in his application or any supporting documents.
The environmental utilities director shall give the permittee written
notice and an opportunity for a hearing thereon before the city council.
If the permittee does not request a hearing within 20 days of the
mailing of the notice, the suspension or revocation will take effect.
If in the judgment of the environmental utilities director there
is an immediate threat to the public health, safety and welfare, the
city shall not be required to give the permittee notice and an opportunity
to be heard prior to ordering suspension or revocation. The city shall
notify permittee in writing at the earliest possible time, and permittee
shall be granted a city council hearing upon written request within
20 days after notice of the suspension or revocation.
B.
No
permittee whose permit has been suspended or revoked shall continue
to perform the work for which the permit was granted unless and until,
such permit has been reinstated.
C.
Upon
suspending or revoking any permit, the environmental utilities director
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
the chapter shall fail to comply with any such order.
(Ord. 2895 § 1, 1995)
Except as otherwise specified, the standards for the construction,
repair, reconstruction or abandonment of wells shall be as set forth
in Department of Water Resources Bulletin 74-90, the Tri-Regional
Water Quality Control Guidelines and supplements or revisions thereto
and as set forth in this chapter.
(Ord. 2895 § 1, 1995)
The environmental utilities director may designate areas where
ground water quality problems are known to exist and where a well
will penetrate more than one aquifer. The environmental utilities
director 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 environmental utilities director may require the
applicant to provide a report prepared by a registered geologist or
registered civil engineer (California Business and Professions Code
Sections 6750 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. 2895 § 1, 1995)
The environmental utilities director shall make an inspection
of the annular seal construction work. The environmental utilities
director 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.
A.
Initial
Inspection. Upon receipt of an application, the environmental utilities
director 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 requiring:
B.
Inspection
of Well Seal. The environmental utilities director shall inspect the
annular space grout depth prior to the sealing.
1.
The
environmental utilities director shall be notified by the permittee
a minimum of 24 hours prior to sealing the annular space. Permittees
who anticipate completing a well in less than one day shall notify
the environmental utilities director 24 hours prior to commencement
of drilling and provide the anticipated time to commence the sealing
of the annular space.
2.
If
the environmental utilities director wishes to allow a seal to be
poured without inspection, the permittee shall seal the well in accordance
with the standards of this chapter and any permit conditions. No seal
shall be poured until permission to proceed is given. If the environmental
utilities director fails to be present at the agreed upon inspection
time, the contractor shall contact the environmental utilities director
for direction.
C.
Final
Inspection. If requested by the environmental utilities director,
the permittee shall notify the environmental utilities director within
seven days of the completion of their work at each drilling site.
The environmental utilities director may make a final inspection after
completion of the work to determine whether the well was completed
in accordance with this chapter.
D.
Waiver
of Inspections. The environmental utilities director may waive inspections
should any of the following conditions exist:
1.
The
work will be inspected by the staff of the California Regional Water
Quality Resources Control Board or the California Department of Health
Services if these designated agencies will inspect and report to the
city on all drilling features required by the standards.
2.
The
wells are monitoring wells that will penetrate only formations that
normally contain no water.
3.
The
drilling site is well known to the city staff and it is known that
no significant threats to ground water quality exist in the area.
(Ord. 2895 § 1, 1995)
The permittee shall provide the environmental utilities director
a completion report within 30 days of the completion of any well construction,
reconstruction or destruction job.
A.
A copy
of the "Report of Completion" (driller's well log) required by California
Water Code Section 13751 shall be submitted by the permittee to the
city within 30 days of construction 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 section shall not be deemed to release any person from
the requirement to file said report with the State Department of Water
Resources.
B.
With
the exception of the well driller's name, the date the well was drilled
and the well yield, all information contained in this report shall
remain confidential.
C.
Nothing
in this chapter shall be deemed to excuse any person from compliance
with the provisions of California Water Code Section 13752 relating
to notices and reports of completion or any other federal, state or
local reporting regulations.
(Ord. 2895 § 1, 1995)
Representatives of the city 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, city's representative shall first present proper
credentials and demand entry. If the same is unoccupied, a reasonable
effort shall be made to locate the owner or other person having charge
or control of same and demand entry. If entry is refused, city shall
have recourse to such remedies as are provided by law to secure entry.
(Ord. 2895 § 1, 1995)
All persons owning an abandoned well as defined shall destroy
it, following the guidelines set forth in Bulletin 74-90 and this
chapter.
(Ord. 2895 § 1, 1995)
A.
Any
violation of this chapter, or the orders, rules, regulations or permits
issued under this chapter, is unlawful and shall be an infraction
or misdemeanor as determined by the city attorney.
B.
The
violation of any of the provisions of this chapter, or the orders,
rules, regulations or permits issued under this chapter, or the doing
of any act prohibited or the failure or omission to do any act required
by this chapter, or the orders, rules, regulations and permits issued
under this chapter, is a public nuisance and may be enjoined by the
city attorney.
C.
Remedies
Cumulative. The remedies available to the city to enforce this chapter
are in addition to any other remedies available under chapter or statute,
and do not replace or supplant any other remedy but are cumulative
thereto.
(Ord. 2895 § 1, 1995)
Pursuant to California Water Code Section 13225(c), the city
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:
A.
The
number of wells constructed or destroyed;
B.
Descriptions
of all well destructions undertaken by the city using their regulatory
authority under nuisance abatement powers;
C.
A description
of each specific case where variances were granted and the circumstances
that made a variance necessary;
D.
A description
of each specific case where an inspection was waived and the circumstances
that made the waiver necessary.
(Ord. 2895 § 1, 1995)
