It is the purpose of this chapter to provide for the construction,
repair, modification and destruction of wells in such a manner that
the ground water of this City will not be contaminated or polluted
and that water obtained from wells will be suitable for beneficial
use and will not jeopardize the health, safety or welfare of the people
of this City.
(Ord. 56 § 6-9.01, 1982)
The following words and phrases shall, for the purpose of this
chapter, have the meanings ascribed to them in this section:
shall apply 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 purpose, such as an observation well or injection
well, and received approval of such declaration. All such declarations
shall be renewed annually. Test holes and exploratory holes shall
be considered abandoned 24 hours after construction work has been
completed unless otherwise approved by the Health Officer.
mean water used to supply water for irrigation or other agricultural
purposes, including stock wells.
means any artificial excavation in an aquifer or in excess
of fifty (50') 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.
means a water well for domestic purposes in systems subject
to Chapter 7 of Part I of Division 5 of the California Health and
Safety Code (commencing with Section 4010).
means any work conducted after artificial excavation to include:
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 the complete filling of a well in such a manner that
it will not produce water or act as a conduit for the interchange
of water, when such interchange will result in deterioration of the
quality of water in any water-bearing formations penetrated.
means any artificial excavation in an aquifer or in excess
of fifty (50') feet, constructed by any method for the purpose of
establishing an electrical ground.
means the Health Officer of the City, his or her medical
deputies, his or her sanitarians, or his or her duly authorized representatives.
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 industry on an individual
basis.
means the deepening of a well, reperforation, sealing or
replacement of a well casing.
means a well used for monitoring or sampling the condition
of a water-bearing aquifer, such as water pressure, depth, movement
or quality.
includes any person, firm, association, corporation, organization,
partnership, business trust, company, or special district formed under
the laws of the State.
means an alteration of the quality of water to a degree which
unreasonably affects:
when applied to a well, means any well which threatens to
impair the quality of groundwater or otherwise jeopardize the health
and safety of the public.
means a well constructed to extract or introduce water into
the ground as a means of preventing intrusion of saltwater 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, or for providing cathodic protection or electrical
grounding of equipment, or for making tests or observations of underground
conditions, or for any other similar purpose. Wells 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 saltwater (hydraulic) barrier wells, as defined in this
section, and other wells whose regulation is necessary to fulfill
the purpose of this chapter. This definition shall not include:
Oil and gas wells, or geothermal wells constructed under the
jurisdiction of the State Department of Conservation, except those
wells converted to use as water wells; or
And the following artificial excavations:
Drill holes for soil testing purposes where such holes are less
than twenty-five (25') feet in depth,
Holes or excavations for soil percolation tests,
Drill holes for seismic exploration where such drill holes are
less than twenty-five (25') feet in depth,
Excavations for drainage percolation ponds or spreading basins.
means a contractor licensed in accordance with the provisions
of the Contractors License Law, Chapter 9 of Division 3 of the Business
and Professions Code (commencing with Section 7000).
(Ord. 56 § 6-9.02, 1982)
(a)
No
person shall, within the incorporated area of the City, construct,
repair, modify or destroy any well unless such person possesses a
valid permit issued by the Health Officer as provided in this chapter.
(b)
No
person shall construct, repair, modify or destroy any well unless
such construction, repair, modification or destruction is in conformance
with the terms, conditions, and standards specified in this chapter
and in the written permit issued by the Health Officer.
(Ord. 56 § 6-9.03, 1982)
(a)
Applications.
Applications for permits shall be made to the Health Officer and shall
include the following:
(1)
A plot plan indicating the exact location of the well with respect
to the following items within a radius of two hundred (200') feet
of the well:
(2)
Location of the property (including township, range and section);
(3)
Name of the person who will construct the well;
(4)
Estimated or proposed depth of the well;
(5)
Use of the well;
(6)
Other information as may be necessary to determine if underground
waters will be protected.
(b)
Fees.
(1)
Permit Application Fees. All applications for permits shall be on
a form supplied by the Health Officer and, except for those made by
a public agency, shall be accompanied by payment of the fee as established
by resolution of the City Council, none of which shall be refundable.
(2)
Expiration of Permit. Each permit issued pursuant to this chapter
shall expire within six months following the issuance of the permit.
Upon expiration of any permit issued pursuant to this chapter, no
further work may be done in connection with construction, repair,
modification, or destruction of a well unless and until a new permit
for such purpose is secured in accordance with the provisions of this
chapter.
(c)
Notice
to City. The Health Officer shall advise the City of an application
for a well permit prior to its issuance and shall, upon issuance,
provide a copy of the permit to the City.
(d)
Prohibition.
No permit shall be issued to any person who is not a well drilling
contractor; provided, that a permit may be issued to an owner or occupant
of property who does the work of construction, repair, modification
or destruction of a well located on such property him or herself or
through his or her own employees; and, provided further, that a permit
may be issued to any person exempt from the provisions of the Contractors
License Law, Chapter 9, Division 3, of the Business and Professions
Code (commencing with Section 7000).
(e)
Bonds.
As a condition precedent to the issuance of a permit, every applicant
for a permit shall file or have on file with the Health Officer a
corporate surety bond in the sum of Two Thousand Five Hundred and
no/100ths ($2,500.00) Dollars issued by a surety company licensed
to do business in this State, or, in lieu thereof, a cash deposit
in the sum of Two Thousand Five Hundred and no/100ths ($2,500.00)
Dollars.
As used in this subsection, the term "cash deposit" includes,
without limitation, certificates of deposit payable to the City issued
by banks doing business in this State, investment certificates or
share accounts assigned to the City and issued by savings and loan
associations doing business in this State, or bearer bonds issued
by the United States government or by this State.
The surety bond shall be conditioned to secure the compliance
and faithful performance by the permittee of the terms, conditions
and standards imposed by this chapter, or by any permit issued under
this chapter.
If cash is deposited in lieu of such bond, the cash deposit
shall secure the compliance and faithful performance by the permittee
of the terms, conditions and standards imposed by this chapter, or
by any permit issued under this chapter.
(f)
Conditions. Permits shall be issued subject to compliance with the standards provided in Section 6-9.06.
(g)
Term:
Completion of Work. The permittee shall complete the work authorized
by the permit prior to the expiration date set forth in the permit.
The permittee shall notify the Health Officer in writing upon completion
of work and such work shall not be deemed to have been completed until
such written notification has been received.
(h)
Reports.
A copy of the well driller report required under Section 13751 of
the California Water Code shall be submitted to the Health Officer
upon completion of construction of each well.
(i)
Appeal
Procedure. Any person aggrieved by the refusal of the Health Officer
to issue a permit or by the terms of a permit may appeal from the
action of the Health Officer to the City Council by filing a written
notice of appeal with the City Clerk. The Clerk shall set the matter
for hearing before the Council and shall give reasonable notice of
the time and place thereof to the applicant and to the Health Officer.
The City Council shall hear the evidence offered by the applicant
or permittee and the Health Officer, and shall forthwith decide the
issue. Unless the City Council rescinds the Health Officer's action
by a majority vote, his or her decision shall be deemed affirmed.
(Ord. 56 § 6-9.04, 1982)
The Health Officer and his or her inspectors may at any and
all reasonable times enter any and all places, property, enclosures
and structures for the purpose of making examinations and investigations
to determine whether any provision of this chapter is being violated.
The Health Officer may require that each completion, modification,
repair or destruction operation be inspected prior to any further
work.
(Ord. 56 § 6-9.05, 1982)
Standards for the construction, repair, modification or destruction
of wells shall be as set forth in Chapter II of the California Department
of Water Resources Bulletin No. 74, entitled "Water Well Standards:
State of California" and its Appendices F, F, and G; and those pertaining
to Zones II and III, as delineated in Figure 1 of the Department of
Water Resources Bulletin No. 74-7, entitled "Water Well Standards,
Arroyo Grande Basin, San Luis Obispo County," and as set forth in
Chapter II of the same, and Department of Water Resources Bulletin
No. 74-1 entitled "Cathodic Protection Well Standards, State California."
(Ord. 56 § 6-9.06, 1982)
In the event the Health Officer determines that a well constitutes
a public nuisance he or she shall abate the nuisance in accordance
with the provisions of Chapter 22.96 and 22.97 of the Atascadero Municipal
Code.
(Ord. 56 § 6-9.07, 1982)
If the Health Officer finds that immediate action is necessary
to present impairment of the ground water or a threat to the health
or safety of the public, he or she may immediately abate the nuisance
without complying with the provisions of Chapter 22.96 and 22.97 of
the Atascadero Municipal Code.
(Ord. 56 § 6-9.08, 1982)
