Editor's note—Ord. No. 75-14, § 1, adopted
April 23, 1975, amended this code by adding Art. III, §§ 31-100—31-119,
to this chapter, as herein set forth.
It is the purpose of this article to further protect the environmental
quality in this city by providing for the construction, repair and
reconstruction of wells to the end that the ground water of this city
will not be polluted or contaminated 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 for the destruction of abandoned wells or wells found to
be public nuisances to the end that such wells will not cause pollution
or contamination of ground water or otherwise jeopardize the health,
safety or welfare of the people of this city.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
The following words shall have the meaning provided 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 intention to use the well again for supplying water or other associated
purposes (such as an observation well or injection well) and receives
approval of such declaration from the health officer. All such declarations
shall be renewed annually and at such time be resubmitted to the health
officer for approval.
shall be considered abandoned 24 hours after construction
work has been completed unless otherwise approved by the health officer.
The construction, reconstruction, repair or destruction of
a well so as to eliminate a nuisance caused by a well polluting or
contaminating ground water.
A water well used to supply water for irrigation or other
agricultural purposes, including so called stock wells.
Any artificial excavation in excess of 20 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. (See definitions of deep anode bed and shallow anode
bed.)
A water well used to supply a single commercial establishment.
A water well used to supply water for domestic purposes in
systems subject to Chapter 7 of Part 1 of Division 5 of the California
Health and Safety Code.
To dig, drive, bore, drill or deepen a well, or to reperforate,
remove, replace, or extend a well casing.
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.
Any cathodic protection well more than 50 feet deep.
The proper filling and sealing of a well that is no longer
useful so as to assure that the ground water is protected and to eliminate
a potential physical hazard.
Any artificial excavation in excess of 24 feet constructed
by any method for the purpose of establishing an electrical ground.
The health officer of San Diego County or his designee.
A water well used to supply water for domestic needs of an
individual residence.
A water well used to supply an industry on an individual
basis.
The deepening of a well or the reperforation or replacement
of a well casing and all well repairs and modifications that can affect
the ground water quality.
A well used for monitoring or sampling the conditions of
water-bearing aquifer, such as water pressure, depth, movement or
quality.
Both mandatory and prohibitory orders requiring or prohibiting
one or more acts, said terms shall also include those orders effective
for a limited as well as an indefinite period of time, and shall include
modifications or restatements of any order.
A written permit issued by the health officer permitting
the construction, reconstruction, destruction, or abandonment of a
well.
Any person, firm, corporation or governmental agency.
An alteration of the quality of water to a degree which unreasonably
affects (1) such waters for beneficial uses or (2) facilities which
serve such beneficial uses. Pollution may include contamination.
The term "public nuisance," when applied to a well, shall
mean any well which threatens to impair the quality of ground water
or otherwise jeopardize the health or safety of the public.
Any cathodic protection well more than 20 feet deep but less
than 50 feet deep.
Any excavation used for determining the nature of underground
geological or hydrological conditions, whether by seismic investigation,
direct observation or any other 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, commercial
wells, industrial wells, agricultural wells, cathodic protection wells,
electrical grounding wells, test and exploratory holes and observation
wells, as defined herein, and other wells whose regulation is necessary
to accomplish the purposes of this article.
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 article as determined by the health officer.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Nothing contained in this article shall be deemed to release
any person from compliance with the provisions of Article 3 of Chapter
10 of Division 7 of the Water Code of the State of California or any
successor thereto.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
No person shall construct, repair, reconstruct or destroy any
well subject to this article which does not conform to the standards
established herein.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Standards for the construction, repair, reconstruction or destruction
of water wells shall be as set forth in Chapter 11 of State Department
of Water Resources Bulletin No. 74, three copies of which have been
filed with the city clerk with the following modifications:
(1)
Part
II, Section 8(A): Add to footnote 1:
"Shallow dug or bored wells used for community water supply
shall be located at least 250 feet from any sewage disposal facility."
(2)
Part
II, Section 9(A): Substitute "20 ft.1"for "none"(this automatically
deletes the H1 footnote).
(3)
Part
II, Section 9(E): Add following footnote section title:
20 Exception—Where the air rotary method is used for individual
domestic wells 8 inches in diameter or smaller the thickness of seal
may be reduced to 1 inch."
(4)
Part
II, Section 10(B): Delete entire section with exception of that portion
of the first sentence which states:
"Because of their susceptibility to contamination and pollution
the use of well pits should be avoided."
(5)
Part
II, Section 15(A), Item 3: Delete phrase
"Where the water is to be used for domestic purposes."
(6)
Part
II, Section 16: Delete from Section 16 title the words "Large and
diameter" and substitute the words "Bored or dug."
(7)
Part
II, Section 16(A): Delete word "underground" from last sentence so
sentence reads:
"When used for this purpose these wells shall be located at
least 250 feet from any sewage disposal facility."
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Standards for the construction, repair, reconstruction or destruction
of cathodic protection wells shall be as set forth in Bulletin No.
741 of the State Department of Water Resources, three copies of which
are filed with the city clerk, with the following modifications:
(1)
Chapter
II, Part I, Section 1-A: Delete: Definition of "Cathodic Protection
Well" as printed and add:
(2)
Cathodic
protection well. A cathodic protection well means an artificial excavation
in excess of 20 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.
(3)
Chapter
II, Part II, Section 8: Delete: Word "Location" in Title and add:
word "construction" so title reads: Well Construction with Respect
to Pollutants.
(4)
Chapter
II, Part II, Section 10: Delete: Subsection A-4 and the asterisked
footnote in their entirety.
(5)
Chapter
II, Part III, Section 138: Delete: Phrase "If the casing is 8 inches
or larger in diameter," thereby leaving the phrase "The well is covered
with an appropriate locked cap."
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
The county health officer may, upon reasonable cause to believe
that an abandoned well or other well is causing a nuisance by polluting
or contaminating ground water, or constitutes a safety hazard, investigate
the situation to determine whether such a nuisance does in fact exist.
He shall have the power, when in the performance of his duty and upon
first presenting his credentials and identifying himself as an employee
of the county health department to the person apparently in control
of the premises, if available, to enter upon any such premises between
the hours of 8:00 a.m. and 6:00 p.m., to discover or inspect any thing
or condition which appears to indicate such a nuisance. He may examine
such premises, things or conditions, take such samples and make such
tests as needed and take any other steps reasonably necessary for
the proper investigation and determination of whether such a nuisance
exists.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Whenever the health officer determines that an abandoned or
other well is causing a nuisance by polluting or contaminating ground
water, or constitutes a safety hazard he may issue a written order
requiring that the conditions productive of the nuisance be abated
within a period of 10 days thereafter and shall forthwith serve the
order upon the person occupying the premises, if any, and if no person
occupies the premises, the order shall be posted upon said premises
in a conspicuous place. In addition, a copy shall be mailed to the
owners of the premises as their names and addresses appear upon the
last equalized assessment roll. The health officer may for good cause
extend the time specified in the order or otherwise modify or rescind
the order.
The order of abatement shall advise the possessors and owners
of the property of their right to appeal to the city council and to
stay the order of abatement pending such appeal.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Any person who has been given an order of abatement may, within
10 days following the receipt of the order of abatement, file an appeal
in writing to the city council. Said appeal shall be accompanied by
a filing fee of $25 and shall specify the grounds upon which the appeal
is taken. The city clerk shall then proceed to set the matter for
hearing, not later than 20 days thereafter, and such appeal shall
stay the effect of any order issued pursuant to section 31-107 until
the city council hears the appeal and issues its order either to affirm,
overrule or modify the action of the health officer. Notice of the
hearing shall be mailed to the appealing party at least five days
prior to the hearing.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
In the event that a nuisance is not abated in accordance with
an order of abatement, the health officer may, upon securing the approval
of the city council, proceed to abate the nuisance by force account,
contract or any other method deemed most expedient by the city council.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
The health officer shall prepare and file with the city clerk
a report specifying the work done, the itemized and total cost of
the work, a description of the real property upon which the well is
or was located, and the names and addresses of the record owner, the
holder of any mortgage or deed of trust of record, and any other person
known to have a legal interest in the property.
A hearing shall be held on said report and any protests or objections
thereto, and notice of the hearing shall be mailed to the persons
with a legal interest in the property at least 10 days prior to the
date set for the hearing. The city council shall determine at the
hearing the correct charge to be made for the work.
All costs of abatement carried out under the terms of this section
shall constitute a charge and special assessment against the parcel
of land involved. If such costs are not paid within 60 days, they
shall then be declared a special assessment against that property
as provided in Government Code Section 25845. The 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 procedure and sale in case of delinquency as provided for
ordinary city taxes. All laws applicable to the levy, collection and
enforcement of city taxes shall be applicable to such special assessment.
In addition to its rights to impose said special assessment, the city
shall retain the alternative right to recover its costs by way of
civil action against the owner and person in possession or control
jointly and severally.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Any person who violates the terms of this article or any permit
issued hereunder shall be guilty of a misdemeanor, punishable by a
fine not exceeding $500 or by imprisonment not exceeding six months,
or by both such fine and imprisonment. Such person shall be deemed
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. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
No person shall construct, repair, reconstruct or destroy any
well unless a written permit has first been obtained from the health
officer as provided in this article, and unless the work done shall
conform to the standards specified in this article and all the conditions
of the said permit.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
(a)
Applications.
Applications for permits shall be made to the health officer and shall
include the following:
(1)
A plot plan showing the location of the well with respect to the
following items within a radius of 250 feet from the well:
a.
Property lines.
b.
Waste disposal systems or works carrying or containing sewage, industrial
wastes, or solid wastes.
c.
All intermittent or perennial, natural or artificial bodies of water
or watercourses.
d.
The approximate drainage pattern of the property.
e.
Other wells.
f.
Structures, surface or subsurface.
(2)
Location of the property, and the Assessor's parcel number.
(3)
The name of the person who shall construct the well.
(4)
The proposed minimum and the proposed maximum depth of the well.
(5)
The proposed minimum depths and types of casings and minimum depths
of perforations to be used.
(6)
The proposed use of the well.
(7)
Other information as may be necessary to determine if the underground
waters will be adequately protected.
(b)
Fees.
Each application shall be accompanied by a fee of $25.
(c)
Conditions.
Permits shall be issued in compliance with the standards provided
in this article except that such standards shall be inapplicable or
modified as expressly provided by the health officer in such permit
upon his finding that such modifications or inapplicability will accomplish
the purposes of this article. Permits may also include any other condition
or requirement found by the health officer to be necessary to accomplish
the purposes of this article.
(d)
Grounds
for refusal of permit. The health officer may refuse to issue a permit
for any of the following reasons:
(1)
The applicant is not a person authorized to perform the work as provided
in this article.
(2)
The applicant fails to post the required surety bond or cash deposit
as provided in this article.
(3)
The permit application is not in proper form.
(4)
The proposed well would create a water pollution problem or would
aggravate a pre-existing water pollution problem or would violate
any of the standards established in this article.
(e)
Terms,
completion of work. The permittee shall complete the work authorized
by the permit within the time and before the date set out in the permit.
The permittee shall notify the health officer in writing upon completion
of the work and submit a copy of the well drilling log and no work
shall be deemed to have been completed until such written notification
and a copy of the well drilling log have been received. A final inspection
of the work shall be made by the health officer unless such inspection
is waived by him, and no permittee shall be deemed to have complied
with this article or his permit until such inspection has been performed
or waived.
(f)
Guarantee
of performance. Prior to the issuance of a permit, the applicant shall
post with the health officer a cash deposit or bond guaranteeing compliance
with the terms of this article and the applicable permit, such bond
to be in an amount deemed necessary by the health officer to remedy
improper work, but not in excess of twenty-five hundred dollars ($2500.00).
Such deposit or bond may be waived by the health officer where other
assurances of compliance are deemed adequate by him.
(g)
Continuous
bond or cash deposit. In lieu of furnishing a separate bond for each
permit as provided above, a properly licensed contractor may deposit
with the health officer a surety bond or cash deposit in the amount
of twenty-five hundred dollars ($2500.00), which bond or cash deposit
shall be available to remedy any improper work done by the contractor
pursuant to any permit issued under this article.
(h)
Review
and appeal. Any person aggrieved by the refusal, revocation or suspension
of a permit or the terms of a permit required by this article may
appeal in writing to the city council. The appeal shall be accompanied
by a filing fee of $15. The city council shall, within 40 days after
the filing of an appeal, hold a hearing on said appeal and shall mail
notice in writing of the date thereof to the appellant and applicant
at least five days before the hearing date. The decision of the city
council shall be rendered within 10 days after the initial hearing
date and shall be binding upon the parties, except that the determinations
made by the health officer relating directly to the public health
may not be overruled or modified by the city council.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Construction, reconstruction, repair, and destruction of wells shall be performed by a contractor licensed in accordance with the provisions of the Contractor's License Law (Bus. & Prof. Code, Ch. 9, Div. 3) unless exempted by that law.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
(1)
Upon
receipt of an application an inspection of the well location may be
required by the health officer to be made by the health officer prior
to issuance of a well permit.
(2)
The
health officer or any person designated by the health officer may
inspect the work in progress and may enter the premises at any reasonable
time for the purpose of performing such inspection.
(3)
After
work has been completed pursuant to any permit the health officer
shall be notified by the person performing the work and the health
officer shall make a final inspection of the completed work to determine
compliance with the well standards.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Each permit issued pursuant to this article shall expire and
become null and void if the work authorized thereby has not been completed
within 120 days following the issuance of the permit.
Upon expiration of any permit issued pursuant hereto, no further
work may be done in connection with construction, repair, reconstruction,
or abandonment of a well unless and until a new permit for such purpose
is secured in accordance with the provisions of this article.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
A permit issued pursuant to this article may be extended at
the option of the health officer. Each individual extension granted
by the health officer shall be for not longer than 120 days. In no
event shall the health officer grant an extension which would make
the total term of the permit exceed one year. Application for extension
shall be made on a form provided by the health officer. The fee for
submitting such application shall be $25.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
(1)
A
permit issued hereunder may be revoked or suspended by the health
officer as hereinafter provided if he determines that a violation
of this article exists, that written notice has been directed to permittee
specifying the violation and that the permittee has failed or neglected
to make the necessary adjustments within 30 days after receiving such
notice.
(2)
A
permit may be so revoked or suspended by the health officer if he
determines at a hearing for such purpose that the person to whom any
permit was issued pursuant to this article has obtained the same by
fraud or misrepresentation, provided that notice of the time and place
of such hearing is given to the permittee at least five days prior
thereto.
(3)
The
suspension or revocation of any permit shall not be effective until
notice thereof in writing is mailed to the permittee, and the time
for filing an appeal to the city council has expired. The notice shall
advise the permittee of his right to appeal to the city council and
to stay the suspension or revocation pending such appeal.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
Any person who has drilled, dug, excavated or bored a well shall,
upon completion of the well, submit to the health officer an accurate
and complete log to include:
(1)
A
detailed record of the boundaries, character, size distribution and
color of all lithologic units penetrated;
(2)
Type
of well casing;
(3)
Location
of perforations and sealing zones; and
(4)
Any
other data deemed necessary by the health officer. In areas where
insufficient subsurface information is available, the health officer
may require inspection of the well log prior to any operation.
(Ord. No. 75-14, § 1, 4-23-75; Ord. No. 75-39, § 1, 10-8-75)
