It is the purpose of this chapter to control the construction
and reconstruction of wells to the end that the ground water of this
city will not be impaired in quality 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 to provide for the destruction of abandoned wells or wells
found to be public nuisances to the end that such wells will not impair
the quality of ground water or otherwise jeopardize the health, safety
or welfare of the people of this city.
(Ord. 752 § 1, 1973)
As used in this chapter, the following words shall have the
meaning provided in this section:
The terms "abandoned" or "abandonment" shall apply to a well
which has not been used for a period of one year, unless the owner
declares in writing, to the well standards appeals board, his or her
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 board. All such declarations
shall be renewed annually and at such time be resubmitted to the board
for approval. Test holes and exploratory holes shall be considered
abandoned twenty-four hours after construction work has been completed,
unless otherwise approved by the health officer;
means a water well used to supply water for irrigation or
other agricultural purposes, including so-called stock wells;
means any artificial excavation in excess of fifty 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 a cathodic protection well
or a deep anode;
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 the proper filling and sealing of a well that is no
longer useful so as to assure that ground water is protected and to
eliminate a potential physical hazard;
means any artificial excavation in excess of fifty feet constructed
by any method for the purpose of establishing an electrical ground;
means the city health officer or his or her designee;
means a water well used to supply water for domestic needs
of an individual residence or commercial establishment;
means a water well used to supply an industry on an individual
basis;
means a well used for monitoring or sampling the conditions
of a water-bearing aquifer, such as water pressure, depth, movement
or quality;
means a written permit issued by the health officer permitting
the construction, reconstruction, destruction or abandonment of a
well;
means any person, firm, corporation or governmental agency;
The term "public nuisance" when applied to a well, means
any well which threatens to impair the quality of ground water 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 salt water into a fresh water bearing aquifer;
means an 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 supply wells, individual domestic 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 herein, and other
wells whose regulation is necessary to fulfill the purpose of this
chapter as determined by the well standards appeals board. Wells shall
not include:
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 wells standards advisory
board.
(Ord. 752 § 1, 1973)
The city council shall serve as a well standards appeal board.
(Ord. 752 § 1, 1973)
No person shall, within the city limits, construct or reconstruct
any well unless such construction or reconstruction is carried out
pursuant to and in confirmation with a written permit issued for that
purpose by the health officer as provided in this chapter.
Nor shall any person abandon a well unless it has been destroyed
pursuant to and in conformance with a written permit issued by the
health officer.
Nor shall any such person violate the terms of any order issued
by the board or the health officer, issued pursuant to this chapter.
(Ord. 752 § 1, 1973)
Applications for permits shall be made to the health officer
containing such information as he or she requires.
Each application shall be accompanied by a fee which shall be
established by the city council on the basis of the cost incurred
in enforcing the provisions of this chapter. Fifty percent of the
fee shall be returned to the applicant should the permit be denied
or if the permit is canceled within sixty days after issuance and
no work has been done. A permit shall remain in effect for one year
from date of issuance.
Permits may be issued subject to any condition or requirement
found by the health officer to be necessary to accomplish the purposes
of this chapter.
A permit may be canceled or the conditions amended by the health
officer if he or she determines that to proceed with the work would
result in a public nuisance or the permit holder has violated the
terms of the permit or this chapter.
In addition to the fees provided hereby, the applicant shall
also pay a fee to the Orange County health officer according to rate
schedules of the county of Orange then in effect.
(Ord. 752 § 1, 1973; Ord. 880 § 3, 1976)
The permittee shall notify the health officer in writing upon
completion of the work and no work shall be deemed to have been completed
until such written notification has been received. A final inspection
of the work shall be made by the health officer and no permittee shall
be deemed to complied with this chapter or the permit until such inspection
has been performed.
(Ord. 752 § 1, 1973)
In the event a permit is denied or canceled, the applicant or
permit holder shall be given written notice by the health officer,
which notice shall specify the reasons for his or her action and shall
notify the applicant or permit holder of his or her right to request
a hearing before the city council within ten days.
(Ord. 752 § 1, 1973)
In the event the health officer determines that a well constitutes
a public nuisance, he shall mail a written notice to the landowner
and the permit holder, if other than the landowner. A copy of the
notice shall be posted on the affected property. The notice shall
state the specific facts giving rise to such nuisance, the corrective
measures deemed necessary, and time, date and place at which a hearing
shall be held by the city manager relating thereto, which date shall
be not less than ten or more than thirty days after the date such
notice is mailed. The notice shall state that in the event the city
manager determines that a public nuisance exists, a special assessment
shall be imposed upon the land for any costs of abatement.
(Ord. 752 § 1, 1973; Ord. 850 § 15, 1975)
If the health officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within twenty-four hours after initiating such abatement, the health officer shall give notice of a hearing before the city council in the manner prescribed in Section 7.26.080.
(Ord. 752 § 1, 1973)
At the time fixed for the hearing, the city manager shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the city manager finds that a public nuisance exists, he shall direct the health officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a time to be specified by the city manager. The costs of such corrective work by the health officer shall become a special assessment upon the land pursuant to Section 7.26.110.
(Ord. 752 § 1, 1973; Ord. 850 § 15, 1975)
Upon a finding by the city manager that a well constitutes a
public nuisance, all cost of abatement carried out under the terms
of this chapter shall constitute a charge and special assessment upon
the parcel of land involved. If such costs are not paid within sixty
days, they shall then be declared a special assessment against that
parcel as provided in Government Code Section 38773.5. Such special
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 procedures and sale in case of delinquency
as provided for ordinary city taxes. The city shall retain the additional
and independent right to recover its costs by way of civil action
against the owner and the person in possession or control, jointly
or severally.
(Ord. 752 § 1, 1973; Ord. 850 § 15, 1975)
Standards for the construction, reconstruction, destruction
or abandonment of wells shall be the standards recommended in the
State Department of Water Resources Bulletin No. 74, Chapter II and
Appendices E, F and G, and future amendments thereto. Until such time
as standards for cathodic protection wells and electrical grounding
wells are recommended by the Department of Water Resources, such wells
shall conform to the "Tentative Deep Anode Standards," Sheet A-497-S-1
and A-497-S-2, revised December 10, 1969, of the Southern California
Cathodic Protection Committee. Well standards may be modified by the
health officer with the advice and concurrence of the city council
where required to cope with the local geological and groundwater conditions.
(Ord. 752 § 1, 1973)
Any person who violates the terms of this chapter or any permit
issued hereunder is guilty of a misdemeanor, punishable by a fine
not exceeding five hundred dollars or by imprisonment not exceeding
six months, or by both such fine and imprisonment. Such person is
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.
(Ord. 752 § 1, 1973)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter 2.02 of this code, incorporated herein by reference.
(Ord. 850 § 15, 1985)
