The purpose of this chapter shall
be to provide a uniform procedure for protecting the groundwater by
regulating the construction, reconstruction, placement and destruction
of existing and abandoned water wells, test wells, test holes and
excavations in the City; to prescribe permits required therefor; to
apply penalties for the violations thereof; to provide for the Board
of Building Regulations appeals to assist in the implementation hereof;
and to insure that such water wells, test wells, test holes and excavations
are consistent with and promote the public health, safety and welfare.
(Prior code § 25.51)
The Chief Building Official of the
City may promulgate rules and regulations consistent with the purpose
of this chapter. Whenever such rules and regulations are promulgated
and approved, they shall be available to the public in the Building
Department of the City.
(Prior code § 25.52)
Words in this chapter shall be used
in their ordinary sense unless otherwise defined in this section or
in the rules and regulations promulgated by the City Building Department,
as adopted by resolution of the City Council.
Administrative Authority. Whenever
the term "Administrative Authority" is used in this chapter, it shall
be construed to mean the City Health Officer of the City of Santa
Rosa or his authorized representative.
"Appeals board"
means the City Board of Building Regulations appeals to advise
the Administrative Authority on the implementation of this chapter,
to hear appeals, and to act on such other matters properly referred
to it.
"City health officer"
means the Health Officer of the City, or his authorized representative.
In the event the City of Santa Rosa has no Health Officer, then "Health
Officer" means the Health Officer of the County of Sonoma or his authorized
representative.
"Water well"
means any existing or abandoned water well, test well, test
hole or excavation.
"Water well permit"
means a permit for the construction, reconstruction or destruction
of any existing or abandoned water well, test well, test hole or excavation.
(Prior code § 25.53)
The Administrative Authority shall
determine the classes of and requirements for the issuance of water
well permits. This determination shall be consistent with the purposes
of this chapter and the rules and regulations promulgated by the City
Building Department, as adopted by resolution of the City council.
(Prior code § 25.54)
Any person who installs, maintains
or abandons a well, test well, test hole or excavation in any manner
that will result in the pollution or contamination of the potable
groundwater, or which allows the entrance of surface waters into the
potable or usable groundwater, or which allows direct connection to
a City or community water system, shall be guilty of a misdemeanor.
Any person who constructs, reconstructs or destroys a water well,
test well, test hole or excavation without obtaining a valid permit
therefor, as provided in this chapter, shall be guilty of a misdemeanor.
Each person shall be deemed guilty of a separate offense for each
day during any portion of which any violation of the provisions of
this chapter is committed.
(Prior code § 25.55)
If evidence is presented to the satisfaction
of the Administrative Authority that any existing or abandoned well,
test well, test hole or excavation is polluting or contaminating the
potable groundwater, or is a direct or potential hazard to the purity
of potable water, the Administrative Authority shall declare such
well, test well, test hole or excavation a nuisance and shall require
that repairs be made to such well, test well, test hole or excavation
to eliminate the nuisance, or that such well, test well, test hole
or excavation be abated in accordance with the provisions specified
in the Uniform Code for the Abatement of Dangerous Buildings, 1973
Edition, and the whole thereof save and except that wherever the word
"dangerous building" is used in the Uniform Code for the Abatement
of Dangerous Buildings, it shall be held to mean "existing or abandoned
wells, test wells, test holes or excavations which have been declared
a nuisance."
(Prior code § 25.56)
Any person violating the provisions
of this chapter shall be liable to an action brought in the name of
the City for the recovery of damages incurred as a result of such
violation.
(Prior code § 25.57)
Whenever a violation of the provisions
of this chapter causes or threatens to cause a condition of contamination,
pollution or nuisance, the City may petition the Superior Court for
the issuance of a preliminary or permanent injunction, or both, as
may be appropriate, restraining the continuance of such condition.
(Prior code § 25.58)
All remedies prescribed under this
chapter shall be cumulative and the use of one or more remedies by
the City shall not bar the use of any other remedy for the purpose
of enforcing the provisions of this chapter.
(Prior code § 25.59)
The findings and determinations set
forth in Section 1 of Ordinance No. 3439 are incorporated herein by
reference.
(Ord. 3439 §
3, 1999)
(A)
Notwithstanding any other provision
of law, all developed parcels within the City which are located within
the Red Zone, the boundary of which is set forth on Exhibit 1, attached
to and made a part of this section, which are using groundwater for
potable water purposes must be connected to the City's potable water
supply system.
(B)
Notwithstanding any other provision
of law, all developed parcels within the City which are located within
a zone of groundwater contamination that is identified in the future
by the City pursuant to a resolution of the Council and which are
using groundwater for potable water purposes must be connected to
the City's potable water supply system.
(Ord. 3439 §
3, 1999; Ord. 3845 § 4, 2007)
Notwithstanding any other provision
of law, in a zone of groundwater contamination, there shall be no
cross-connection between a well and either of the following: (1) the
City's or any other public potable or recycled water supply system,
or (2) piping for potable or recycled water purposes. To ensure proper
implementation of this provision, (1) underground piping connected
to such a well shall be disconnected at the well head, or (2) for
any continued use of groundwater in a zone of groundwater contamination
which is not prohibited by this article, or other applicable law,
either (a) aboveground piping shall be used to deliver the water from
the well head to the point of use, or (b) the owner of the developed
parcel shall demonstrate to the satisfaction of the administrative
authority that there is no cross-connection between underground piping
for any allowable use and piping for potable or recycled water purposes.
Once piping has been disconnected from a well, no re-connection shall
be allowed in the future.
(Ord. 3439 §
3, 1999; Ord. 3845 § 4, 2007)
No new water supply well shall be
installed or constructed in the Red Zone. Additionally, prior to issuing
any well permit in any area within 2000 feet of the outer boundary
of the Red Zone, the administrative authority shall consider the potential
effect of the proposed new water well on contaminant spreading and
movement within the Red Zone. Within 2000 feet of the outer boundary
of the Red Zone, no new water well shall be installed or constructed
unless (1) the applicant has submitted a hydrologic report to the
administrative authority which documents that the well will not affect
contaminant spreading and movement in the Red Zone and (2) the administrative
authority concurs with the report.
(Ord. 3439 §
3, 1999)
Any owner of a developed parcel who
asserts that his or her use of groundwater for potable water purposes
in a zone of groundwater contamination does not, and will not, have
the reasonable potential to draw contaminated water or significantly
affect the movement of contaminated water, or who asserts that this
chapter is unconstitutional as applied to him or her shall have the
right to appeal the requirement of mandatory water supply connection
to the administrative authority. The administrative authority has
the authority to adopt reasonable rules and regulations regarding
the appeal procedure and his or her decision on the appeal shall be
final.
(Ord. 3439 §
3, 1999)
It is the intent of the Council to
encourage voluntary compliance with this article. Should it become
necessary to enforce this article, the Council declares its intention
to use its authority under the police power and the provisions of
Health and Safety Code Section 101024, et seq., in addition to any
and all other remedies available to the City under the law, to take
action deemed necessary to protect the public health and safety. Based
on the findings above, the Council declares that continued use of
a groundwater well in violation of the water supply connection requirements
in this article constitutes a public nuisance.
(Ord. 3439 §
3, 1999)