It is the purpose of the ordinance codified in this chapter to regulate the: (1) construction, (2) modification or repair, (3) destruction, (4) inactivation of wells in such a manner that the groundwater of the 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. 11-01 § 4, 2011)
A. 
It is unlawful for any person to construct, modify or repair, destroy or inactivate any well unless such person has:
1. 
Obtained a permit issued from the city for the specific work to be performed; or
2. 
In the case of an emergency, fully complied with the provisions of this chapter relating to emergencies.
B. 
It is unlawful for any person to construct, modify or repair, destroy or inactivate any well unless such construction, modification or repair, destruction or inactivation is in accordance with the standards set forth in this chapter.
(Ord. 11-01 § 4, 2011)
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.
Contamination and Pollution.
"Contamination and pollution" shall have the meanings ascribed to them by California Water Code Section 13050.
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)
Application for the permit required by this chapter shall be:
A. 
Made in writing to the city on such forms as may be prescribed by the city;
B. 
Signed by the applicant; and,
C. 
Accompanied by a fee established by this chapter (no part of said fee shall be refundable); and,
D. 
Shall include but not be limited to the following:
1. 
Applicant's name and address; a statement that the person drilling the well is licensed under the provisions of Chapter 9 of Division 3 of the Business and Professions Code as a well drilling contractor and such license is in full force and effect; the number of such license; or, in lieu of the two latter enumerated matters, a statement that the applicant is exempt from the provisions of Chapter 9 of Division 3 of the Business and Professions Code and the basis for the alleged exemption,
2. 
Estimated or proposed depth of the well, casing material, sealing material, sealing method, use of the well, and drilling method to be used,
3. 
Location of the property and well site including street address and/or assessor's parcel number; and the legal owner of the property,
4. 
A plot plan indicating the location of the well with respect to the following items:
a. 
Property lines,
b. 
Sewage disposal systems or works carrying or containing sewage or industrial wastes within a two hundred foot radius of the proposed well,
c. 
All perennial, seasonal, natural, or artificial water bodies or watercourses, including location of one hundred year floodplain, if applicable,
d. 
Drainage pattern of the property,
e. 
Existing wells within a one hundred foot radius of the proposed well,
f. 
Access roads and easements (water, sewer, utility, roadway),
g. 
Existing and/or proposed structures,
h. 
Animal or fowl enclosures, pens, paddocks, stockyards within a 100 foot radius of proposed well site,
5. 
Permits shall be issued subject to the terms, conditions and standards of this chapter and may be denied only if the specific work to be performed of construction, modification or repair, destruction or inactivation as proposed would violate the terms, conditions or standards of this chapter,
6. 
The issuance of a permit hereunder shall be deemed to be an administrative, ministerial, nondiscretionary act, and if an applicant complies with the terms, conditions, and standards of this chapter, said permit shall be issued within five working days,
7. 
A permit issued for construction of a well covers the construction of one completed well. If the well driller proposes to change the site of the well from that shown on the site plan of a permit, the change in site must be approved by the city prior to drilling. The city shall give approval or disapproval of the change in site within 24 hours of notification by the well driller,
8. 
Every permit issued pursuant to this chapter shall expire upon completion of the task authorized thereby; however, in any event such permit shall expire one year from date of issuance,
9. 
Guarantee of Performance. Prior to the issuance of a permit, the person drilling the well shall post with the city a cash deposit or bond to guarantee compliance with the terms of this chapter and the applicable permit. Such cash or bond to be in any amount deemed necessary by the health officer to include but not be limited to the remedy of improper work, but not in excess of the total estimated cost of such work. Licensed well drilling contractors shall not be required to post a bond or deposit guaranteeing performance. Eighty-five percent of the deposit or bond shall be returned to the permittee when the work has been completed to the satisfaction of the health officer; the remaining 15% of the bond shall be returned after one year of satisfactory well operation as determined by the health officer. These percentages may vary to cover special conditions and circumstances in order to guarantee performance and compliance with this chapter.
(Ord. 11-01 § 4, 2011)
Standards for construction, repair or modification, destruction or inactivation are set forth in Chapter II of the California Department of Water Resources Bulletin No. 74-81, Water Well Standards, and Bulletin No. 74-1, Cathodic Protection Well Standards, and are hereby adopted as part of this chapter, with the following additional clarification and requirements for well construction.
A. 
Annular Space. Gravity installation of the sealant in an annular space of a well is acceptable if the interval to be sealed is dry and the interval depth is 50 feet or less. Sealant shall be pumped into the space using a tremie or grout pipe when there is water in the annulus, or the annulus exceeds 50 feet.
B. 
Disinfection Tube. Every well shall be equipped with an adequately sized opening by which disinfecting agents may be conveniently introduced directly into the well casing. This opening shall be protected against entrance of contaminants by installation of a watertight cap or plug.
C. 
Drilling Waste. Drilling waste must be controlled and may not be discharged so as to create conditions which violate Water Quality Control Board Regulations, other state laws, federal regulations or local ordinances.
D. 
Mud Pits. Mud pits created to confine drilling mud shall be maintained during the well drilling operation so as not to be a safety hazard. It shall be the well driller's responsibility to properly earth fill the mud pit(s) upon completion of the job.
E. 
Setup Time. The minimum time that must be allowed for annular seals containing Type II and III (six-sack) cement to set shall be 16 hours before construction operations on the well may be resumed. When additives to shorten setting time are used with the cement, this setup time may be reduced to a minimum of 12 hours before air jetting, bailing, swabbing, test pumping or further construction on the well may be resumed.
F. 
Log of Well. Any person who has drilled, dug, excavated or bored a well subject to this chapter, shall within 30 days after completion of the work, furnish the city with a copy of the state driller's report. The well driller shall notify the city if submission of the log is to be delayed.
G. 
Horizontal Wells. The location and design of horizontal or lateral wells shall be approved by the city on a case-by-case basis prior to approval to construct or reconstruct such wells.
H. 
Administrative Variance. The health officer may grant an administrative variance to the provisions of this chapter where written evidence is submitted that a modification of the standards will not endanger the health or safety of the public and strict compliance would be unreasonable in view of all the circumstances.
(Ord. 11-01 § 4, 2011)
In the event of an emergency, a person may construct, modify or repair, destroy or inactivate a well without the permit required by this chapter; providing, that:
A. 
Such work is performed in conformance with the standards set forth herein;
B. 
The city is notified of such emergency work by the following city working day; and
C. 
An application for the required permit is made within three city working days after initiation of such emergency work.
(Ord. 11-01 § 4, 2011)
A. 
The city may suspend or revoke a well permit issued under this chapter whenever the city determines that a condition resulting from any work performed under such a permit constitutes a nuisance as defined herein, or when the applicant, his or her agents, employees or the licensed well drilling contractor performing the work:
1. 
Violates any provision of this chapter or any terms and conditions of the permit; or
2. 
Misrepresents any material facts in the application for a permit.
B. 
Except in emergency situations, before the city suspends or revokes a well permit, the city shall make reasonable effort to notify the applicant and the licensed well driller performing work under the permit if he or she is not the applicant and to provide an opportunity for each to show cause why the permit should not be suspended or revoked.
C. 
Upon notification by the city that the permit is suspended or revoked, or finding that no valid permit has been issued, no further work shall be performed until such violation has been abated.
D. 
Rules and Regulations. The health officer may adopt rules and regulations to implement and administer this chapter.
(Ord. 11-01 § 4, 2011)
Upon finding by the city that a well or well drilling activity constitutes a nuisance, as defined herein, the city may take the necessary action to abate such nuisance. The property owner where the well is located and/or the person causing the nuisance thereof shall be jointly liable for the reasonable costs incurred by or at the request of the city for abatement of the nuisance.
(Ord. 11-01 § 4, 2011)
Any person whose application for a permit has been suspended, revoked or denied or whose request for an administrative variance has been denied may appeal to the city council in writing within ten days after the notice of such suspension, revocation or denial. Said appeal shall specify the reasons therefor and shall be accompanied by a filing fee, if any, as established by the council. The city clerk shall set the appeal for the hearing and shall give notice to the appellant and the appropriate city personnel of the time and place of the hearing.
(Ord. 11-01 § 4, 2011)
A. 
The city shall be notified at least 24 hours in advance to make an inspection of:
1. 
The sealing of the annular space on a well;
2. 
The destruction of wells; and
3. 
Any other operation which may be stipulated on the permit by the city to cope with special or unusual conditions.
B. 
The city shall have the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of enforcement of this chapter, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.
(Ord. 11-01 § 4, 2011)
A. 
Each application for a well construction or modification permit shall be accompanied by a permit fee of $155.
B. 
Each application for a well destruction or inactivation permit shall be accompanied by a permit fee of $95.
C. 
An additional fee of $30 per hour shall be charged to the permittee for any inspection service by the health officer which exceeds two hours on-site for witnessing annular seals, and the abatement of nuisances or hazards resulting from the well drilling operation. These application fees may be modified by resolution of the city council.
(Ord. 11-01 § 4, 2011)
Any person who violates any provision of this chapter is guilty of a misdemeanor. Each offense shall be punishable by a fine of not less than $25 or more than $1,000 or by imprisonment in the City Jail for a term not exceeding six months, or by both such fine and imprisonment. Each day such offense continues shall constitute a separate offense.
(Ord. 11-01 § 4, 2011)