It is the purpose of this chapter to further protect the environmental
quality in this City by providing 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.
(Prior code § 3501; Ord. 364 § 1, 1975)
The following words shall have the meanings provided in this
section:
applies 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 or her intention to use the well again for supplying water or
other associated purposes (such as an observation well or injection
well) and receives approval of such declaration from the Health Officer.
All such declarations 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.
means the construction, reconstruction, repair or destruction
of a well so as to eliminate a nuisance caused by a well polluting
or contaminating groundwater.
means a water well used to supply water for irrigation or
other agricultural purposes, including socalled stock wells.
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.")
means a water well used to supply a single commercial establishment.
means a 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.
means to dig, drive, bore, drill or deepen a well, or to
reperforate, remove, replace or extend a well casing.
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.
means any cathodic protection well more than 50 feet deep.
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.
means any artificial excavation in excess of 20 feet constructed
by any method for the purpose of establishing an electrical ground.
means the Health Officer of San Diego County or designee.
means a water well used to supply water for domestic needs
of an individual residence.
means a water well used to supply an industry on an individual
basis.
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.
means a well used for monitoring or sampling the conditions
of water-bearing aquifer, such as water pressure, depth, movement
or quality.
means both mandatory and prohibitory orders requiring or
prohibiting one or more acts. The term shall also include those orders
effective for a limited as well as an indefinite period of time, and
shall include modifications or restatements of any order.
means a written permit issued by the Health Officer permitting
the construction, reconstruction, destruction or abandonment of a
well.
means an alteration of the quality of water to a degree which
unreasonably affects such waters for beneficial uses, or which affects
facilities which serve such beneficial uses. Pollution may include
contamination.
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.
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.
means any cathodic protection well more than 20 feet deep
but less than 50 feet deep.
means any excavation used for determining the nature of underground
geological or hydrological conditions, whether by seismic investigation,
direct observation or any other means.
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 and supply wells, individual domestic
wells, commercial wells, industrial wells, agricultural wells, cathodic
protection wells, electrical grounding wells, test and exploratory
holes, observations wells and saltwater (hydraulic) barrier wells,
as defined in this section, and other wells whose regulation is necessary
to accomplish the purpose of this chapter.
shall not include the following:
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;
Wells used for the purpose of dewatering excavations during
construction, or stabilizing hillsides or earth embankments; or
Other wells whose regulation is not necessary to fulfill the
purpose of this chapter as determined by the Health Officer.
(Prior code § 3502; Ord. 364 § 1, 1975)
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 of California or any
successor thereto.
(Prior code § 3503; Ord. 364 § 1, 1975)
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.
(Prior code § 3510; Ord. 364 § 1, 1975)
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 City Clerk) with the following modifications:
A.
Part
II, Section 8(A). Add to footnote 1/ "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). Substitute "20 ft. 1/" for "none 3/" (this automatically
deletes the 3/ footnote).
C.
Part
II, Section 9(E). Add 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(8). Delete 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. Delete the phrase: "Where the water is
to be used for domestic purposes."
F.
Part
II, Section 16. Delete from Section 16 title the words "Large diameter"
and substitute the words "Bored or dug."
G.
Part
II, Section 16(A). Delete the word "Underground" from last sentence
so sentence reads: "When used for this purpose, these wells shall
be located at least 250 feet from any sewage disposal facility."
(Prior code § 3511; Ord. 364 § 1, 1975)
Standards for the construction, repair, construction 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 City Clerk) with the following modifications:
A.
Chapter
II, Part I, Section I-A. Delete definition of "Cathodic Protection
Well" as printed and add "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. Delete the word "Location" in Title and add
the word "Construction" so title reads "Well Construction with Respect
to Pollutants."
C.
Chapter
II, Part II, Section 10. Delete Subsection A-4 and the asterisked
footnote in their entirety.
D.
Chapter
II, Part III, Section 138. Delete 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."
(Prior code § 3512; Ord. 364 § 1, 1975)
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 conforms
to the standards specified in this chapter and all the conditions
of the permit.
(Prior code § 3531; Ord. 364 § 1, 1975)
Applications for permits shall be made to the Health Officer
and shall include the following:
A.
A plot
plan showing the location of the well with respect to the following
items within a radius of 250 feet from the well:
1.
Property
lines,
2.
Waste
disposal systems or works carrying or containing sewage, industrial
wastes or solid wastes,
3.
All
intermittent or perennial natural or artificial bodies of water or
watercourses,
4.
The
approximate drainage pattern of the property,
5.
Other
wells,
6.
Structures,
surface or subsurface;
B.
Location
of the property and the assessor's parcel number;
C.
The
name of the person who will construct the well;
D.
The
proposed minimum and the proposed maximum depth of the well;
E.
The
proposed minimum depths and types of casings and minimum depths of
perforations to be used;
F.
The
proposed use of the well;
G.
Other
information as may be necessary to determine if the underground waters
will be adequately protected.
(Prior code § 3531.1; Ord. 364 § 1, 1975)
Each application shall be accompanied by a fee of $25.00 and
shall be paid directly to the San Diego County Department of Public
Health.
(Prior code § 3531.2; Ord. 364 § 1, 1975)
Permits shall be issued in 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 or her finding that such modifications or inapplicability
will accomplish the purpose 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.
(Prior code § 3531.3; Ord. 364 § 1, 1975)
The Health Officer may refuse to issue a permit for any of the
following reasons:
A.
The
applicant is not a person authorized to perform the work as provided
in this chapter;
B.
The
applicant fails to post the required surety bond or cash deposit as
provided in this chapter;
C.
The
permit application is not in proper form;
D.
The
proposed well would create a water pollution problem or would aggravate
a preexisting water pollution problem or would violate any of the
standards established in this chapter.
(Prior code § 3531.4; Ord. 364 § 1, 1975)
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.
(Prior code § 3534; Ord. 364 § 1, 1975)
A.
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.
B.
Application
for extension shall be made on a form provided by the Health Officer.
The fee for submitting such application shall be $25.00, which amount
shall be paid directly to the San Diego County Department Of Public
Health.
(Prior code § 3535; Ord. 364 § 1, 1975)
A.
A permit
issued under this chapter may be revoked or suspended by the Health
Officer as provided in this chapter if he or she 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 or she
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 City Council has expired. The notice shall
advise the permittee of his or her right to appeal to the City Council
and to stay the suspension or revocation pending such appeal.
(Prior code § 3536; Ord. 364 § 1, 1975)
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
Officer shall make a final inspection of the completed work to determine
compliance with the well standards.
(Prior code § 3533; Ord. 364 § 1, 1975)
Any person aggrieved by the refusal of a permit or the terms
of a permit required by this chapter may appeal in writing to the
City Council. The appeal shall be accompanied by a filing fee in an
amount as set forth in the City's Master Fee Schedule. The City
Council shall, within 40 days after the filing of an appeal, hold
a hearing on the appeal and shall mail notice in writing of the date
thereof to the appellant and applicant at least 10 days before the
hearing date. The decision of the City Council shall be rendered within
15 days after the initial hearing date and shall be binding upon the
parties, except that the determinations made by the Health Officer
relating directly to the public health may not be overruled or modified
by the City Council.
(Prior code § 3531.8; Ord. 364 § 1, 1975; Ord. 2023-1235, 10/18/2023)
A.
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 $2,500.00. Such deposit or bond may be waived by
the Health Officer where other assurances of compliance are deemed
adequate by him or her.
B.
In lieu of furnishing a separate bond for each permit as provided in subsection A of this section, a properly licensed contractor may deposit with the Health Officer a surety bond or cash deposit in the amount of $2,500.00, 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.
(Prior code §§ 3531.6, 3531.7; Ord. 364 § 1, 1975)
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. 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 or her, and no permittee shall be deemed to have
complied with this chapter or his or her permit until such inspection
has been performed or waived.
(Prior code § 3531.5; Ord. 364 § 1, 1975)
Construction, reconstruction, repair and destruction of wells
shall be performed by a contractor licensed in accordance with the
provisions of the Contractors' License Law, Chapter 9, Division 3,
of the Business and Professions Code, unless exempted by that law.
(Prior code § 3532; Ord. 364 § 1, 1975)
A.
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 the following:
B.
In
areas where insufficient subsurface information is available, the
Health Officer may require inspection of the well log prior to any
operation.
(Prior code § 3537; Ord. 364 § 1, 1975)
A.
The
County 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.
B.
He
or she shall have the power, when in the performance of his or her
duty and upon first presenting his or her credentials and identifying
him or herself as an employee of the County Health Department 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 or she may examine 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.
(Prior code § 3521; Ord. 364 § 1, 1975)
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 or she 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 the 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.
(Prior code § 3522; Ord. 364 § 1, 1975)
Any person who has been given an order of abatement may, within 10 days following the receipt of the order of abatement, file an appeal in writing to the City Council. The appeal shall be accompanied by a filing fee in an amount as set forth in the City's Master Fee Schedule and shall specify the grounds upon which the appeal is taken. The City Clerk shall then proceed to set the matter for hearing, not later than 20 days thereafter, and such appeal shall stay the effect of any order issued pursuant to Section 16.08.220 until the City Council hears the appeal and issues its order either to affirm, overrule or modify the action of the Health Officer. Notice of the hearing shall be mailed to the appealing party at least five days prior to the hearing.
(Prior code § 3523; Ord. 364 § 1, 1975; Ord. 2023-1235, 10/18/2023)
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 City Council.
(Prior code § 3524; Ord. 364 § 1, 1975)
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 the 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 chapter 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 the 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 or control jointly and
severally.
(Prior code § 3525; Ord. 364 § 1, 1975)
Any person who violates the terms of this chapter or any permit issued under this chapter shall be guilty of a misdemeanor, punishable as provided in Chapter 1.12 of this code. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted and shall be subject to the same punishment as for the original offense.
(Prior code § 3541; Ord. 364 § 1, 1975; amended during
1991 republication)
