For the purpose of this chapter:
Applicant."Applicant" shall mean:
1. The legal owner(s) of the property on which the well is to be constructed, modified or repaired or destroyed;
2. That owner's agent authorized in writing to make this application; or
3. A licensed well drilling contractor who shall perform the work on the well.
City."City" shall mean the city of Buellton, acting through its city council or the city health officer, as the duly authorized representative of the city council.
Destruction.Destruction of wells shall consist of the complete filling of the well in accordance with the procedures outlined in Bulletin 74-81, "Water Well Standards: State of California," of the California Department of Water Resources.
Emergency."Emergency" shall mean a circumstance which is either:
1. An imminent threat of or is actually contaminating or polluting the groundwater of the city; or
2. Jeopardizes the health or safety of the people of the city; or
3. Will cause a substantial or immediate loss of property, crops or livestock.
Inactive Well or Inactivation.An "inactive well" is one not routinely operating but capable of being made operable with a minimum effort. It shall be considered abandoned and proper destruction required when it has not been used for a period of one year, unless the owner demonstrates his or her intention to use the well again. Inactivation of a well shall be accomplished by filing a permit stating the intention to reuse the well and properly maintaining the well as inactive per the requirements of Bulletin 74-81.
Modification or Repair."Modification" or "repair" shall only mean the deepening of a well, reperforation, sealing or replacement of a well casing.
Nuisance."Nuisance" shall mean a well which threatens to or which contaminates or pollutes the groundwater of this city in such a way that it jeopardizes the health and safety of the public. A nuisance also means anything which creates an unsanitary or unsafe condition resulting from water well drilling activity.
Person."Person" shall mean any individual, firm, partnership, general corporation, association or governmental entity. Governmental entity, as used herein, shall not include any local agency exempt from the application of the ordinance codified in this chapter pursuant to state law.
Well or Water Well.The term "well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. It shall also include "cathodic protection wells," as defined in California Water Code, Section
13711. This definition shall not include:
1. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the California State Department of Conservation, except those wells converted to use as water wells; or
2. Wells used for the purpose of:
a. Dewatering excavation during construction, or
b. Stabilizing hillsides or earth embankments.
Words not otherwise defined in the ordinance codified in this chapter shall have the meaning ascribed to them in Chapter II of the California Department of Water Resources Bulletin No. 74-81 (Water Well Standards) and Chapter II of 74-1 (Cathodic Protection Well Standards), as each may be amended.
(Ord. 11-01 § 4, 2011)