It is the purpose of this chapter to protect the health, safety
and general welfare of the people of the City of Live Oak by ensuring
that its groundwaters will not be polluted or contaminated. To this
end, minimum requirements are contained in this chapter for construction,
reconstruction, repair and destruction of water wells, cathodic protection
wells and monitoring wells.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
As
Defined in Other Documents. Except as otherwise required in the context
of this chapter, the terms used in this chapter shall have the same
meaning as in Chapter 10 of Division 7 of the California Water Code
and the Department of Water Resources Bulletin 74-81 and subsequent
supplements or revisions.
B.
"Board"
"Enforcement agency"
"Person"
Well or Water Well.
The
words set out in this subsection are defined as follows:
means the governing board of the local jurisdiction having
well standards authority: the City Council.
means that agency(ies) designated by the Board to administer
and enforce this chapter, i.e., the City Engineer.
means any person, firm, corporation or governmental agency,
to the extent authorized by law.
The California Water Code, Section 13710, defines "well or
water well" to mean "any artificial excavation constructed by any
method for the purpose of extracting water from, or injecting water
into, the under ground." The State Water Resources Control Board does
not intend that potholes, drainage trenches or canals, wastewater
ponds, shallow root zone piezometers, stock ponds or similar excavations
be included within the definition of wells.
C.
Tense
or Gender. Words used in the present tense include the future as well
as the present. Words used in the masculine gender include the feminine
and neuter. The singular number includes the plural, and the plural
the singular.
D.
Section
headings, when contained in this chapter, shall not be deemed to govern,
limit, modify or in any manner affect the scope, meaning or intent
of the provisions of any section.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
When
Required. No person shall dig, bore, drill, deepen, modify, repair
or destroy a water well, cathodic protection well, observation well,
monitoring well or any other excavation that may intersect groundwater
without first applying for and receiving a permit as provided in this
chapter unless exempted by law. It is unlawful for any person to use
any water for domestic consumption from any well not owned or operated
by the City unless a permit therefor has first been received from
the office of the City Engineer. Before a permit may be issued for
the use of the well, it shall be altered and reconstructed to conform
to the specifications for a new well. The City Engineer or water engineer
shall prepare or approve the plans and specifications pursuant to
which the well is to be reconstructed and to report to the City Council
whether such well conforms to the requirements of a new well. All
such work shall be done under the supervision and inspection of the
City Engineer or Water Engineer to his or her satisfaction.
B.
Penalty
for Failure to Obtain Permit. Any person who shall commence any work
for which a permit is required by this chapter without having obtained
a permit shall be required, if subsequently granted a permit for this
work, to pay double the standard permit fee.
C.
Emergency
Work. The above provisions shall not apply to emergency work required
on short notice to maintain drinking water or agriculture supply systems.
In such cases, the person responsible for the emergency work shall:
1.
Satisfy
the enforcement agency that such work was urgently necessary;
2.
Demonstrate
that all work performed was in conformance with the technical standards
as designated in Article 3 of the California Water Code.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
Applications for permits shall be made to the enforcement agency
on forms approved by the agency and shall contain all such information
the enforcement agency requires to accomplish the purposes of this
chapter. The application shall be accompanied by the required filing
fee. If the enforcement agency finds the application contains all
necessary information, it shall issue to the applicant a comprehensive
permit containing such conditions as are necessary to fulfill the
purposes of this chapter.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
Filing fees may be set by the Board from time to time by resolution.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
Limitations.
When the enforcement agency issues a permit pursuant to this chapter,
it may condition the permit in any manner necessary to carry out,
the purposes of this chapter. Conditions may include, but are not
limited to, such quantity and quality testing methods as the enforcement
agency finds necessary.
B.
Performance
Bond. The enforcement agency may require a performance bond as a condition
to the permit.
C.
Persons
Permitted to Work on Wells. All construction, reconstruction or destruction
work on wells shall be performed by a person who possesses an active
C-57 contractor's license in accordance with the provisions of the
California Business and Professions Code Section 7000 et seq., and
Water Code Section 13750.5.
D.
Proper
Disposal of Drilling Fluids. The permit shall contain a clause requiring
the safe and appropriate handling and disposal of drilling fluids
and other drilling materials used in connection with the permitted
work.
E.
Abandoned
Wells. As a condition of a construction or reconstruction permit,
any abandoned wells on the property shall be destroyed in accordance
with standards provided in this chapter.
F.
Posting
of Permit. It shall be the responsibility of the permittee to maintain
a copy of this permit on the drilling site during all stages of construction
or destruction.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The enforcement agency shall deny an application for a permit
if, in its judgment, issuance of a permit is not in the public interest.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The permittee shall complete the work authorized by the permit
within the time and before the date set out in the permit. If there
have been exceptional circumstances, the enforcement agency may grant
the applicant an extension. Upon the expiration of the permit, no
further work shall be done unless and until the applicant has received
an extension or a new permit.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
Circumstances for Such Action. The enforcement agency may suspend or revoke any permit issued pursuant to this chapter, whenever it finds that the permittee has violated any of the provisions of this chapter, or has misrepresented any material fact in his or her application, or any supporting documents, for such a permit. Prior to ordering any such suspension or revocation, the enforcement agency shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the enforcement agency head or designated representative. An appeal may be made as set forth in Section 13.12.150.
B.
Consequences.
No person whose permit has been suspended or revoked shall continue
to perform the work for which the permit was granted until, in the
case of suspension, such permit has been reinstated by the enforcement
agency.
C.
Ordered
Additional Work. Upon suspending or revoking any permit, the enforcement
agency may order the permittee to perform any work reasonably necessary
to protect the underground waters from pollution or contamination,
if any work already done by the permittee has left a well in such
condition as to constitute a hazard to the quality of the underground
waters. No permittee or person who has held any permit issued pursuant
to this chapter shall fail to comply with any such order.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
Except as otherwise specified, the standards for the construction,
repair, reconstruction or destruction of wells shall be as set forth
in:
A.
Department
of Water Resources Bulletin 74-81. The California Department of Water
Resources Bulletin 74-81, "Water Well Standards, State of California,"
except as modified by subsequent revisions;
B.
All
Subsequent Supplements and Revisions. All subsequent Bulletin 74-81
supplements or revisions issued by the Department of Water Resources,
once the revised standards have been reviewed at appropriate public
hearing.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The enforcement agency shall have the power under the following
specified conditions to grant a variance from any provision of the
standards referenced above and to prescribe alternative requirements
in their place.
A.
Special
Circumstances. There must be in a specific case, a special circumstance
where practical difficulties or unnecessary hardship would result
from the strict interpretation and enforcement of any standard.
B.
Intent
of Chapter Not Compromised. The granting of such a variance is consistent
with the purposes of this chapter.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The enforcement agency may designate areas where groundwater
quality problems are known to exist and where a well will penetrate
more than one aquifer. The enforcement agency may require in these
designated areas special well seals to prevent mixing of water from
several aquifers. Where an applicant proposes well construction, reconstruction
or destruction work in such an area, the enforcement agency may require
the applicant to provide a report prepared by a Registered Geologist
or Registered Civil Engineer (California Business and Professions
Code Sections 7850 and 6762 respectively) that identifies all strata
containing poor-quality water and recommends the location and specifications
of the seal or seals needed to prevent the entrance of poor-quality
water or its migration into other aquifers.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The enforcement agency shall make an inspection of the annular
seal construction work. It may make an initial inspection of each
proposed drilling site, an inspection at the completion of the work,
and inspections at such other times as it deems appropriate.
A.
Initial
Inspection. Upon receipt of an application, the enforcement agency
may make an inspection of the drilling site prior to the issuance
of a well permit. The purpose of this inspection is to determine whether
there are any site conditions such that the enforcement agency shall
do the following:
1.
Relocation
of Drilling Site. Require relocation of the drilling site should the
location shown on the permit application be too close to potential
sources of pollution.
2.
Additional
Conditions. Set additional conditions if needed to remediate any previously
unknown groundwater quality protection problems.
B.
Inspection
of Well Seal. The enforcement agency shall inspect the annular space
grout depth prior to the sealing.
1.
Required
Notice. The enforcement shall be notified by the well driller a minimum
of 24 hours prior to sealing the annular space. Drillers who anticipate
completing a well in less than one day shall notify the enforcement
agency 24 hours prior to commencement of drilling and provide the
anticipated time to commence the sealing of the annular space.
2.
Should
Enforcement Agency Fail to Be Present. If the enforcement agency wishes
to allow a seal to be tremied or placed without inspection, the driller
shall seal the well in accordance with the standards of this chapter
and any permit conditions. No seal shall be tremied or placed until
permission to proceed is given.
C.
Final
Inspection. If requested by the enforcement agency, the driller shall
notify the enforcement agency within seven days of the completion
of their work at each drilling site. The enforcement agency may make
a final inspection after completion of the work to determine whether
the well was completed in accordance with this chapter.
D.
Waiver
of Inspections. The enforcement agency may waive inspections should
any of the following conditions exist:
1.
Well
Inspected by Other Agencies. Inspections may be waived where the work
will be inspected by the staff of the California Regional Water Quality
Control Board or the California Department of Health Services if these
designated agencies will inspect and report to the enforcement agency
on all drilling features required by the standards.
2.
Monitoring
Wells under Specified Conditions. Inspections may be waived for monitoring
wells that will penetrate only aquifers containing degraded waters
or will penetrate only formations that normally contain no water.
3.
Drilling
Sites Known to Have No Threats to Groundwater Quality. Initial inspections
may be waived when the drilling site is well known to the enforcement
agency staff, and it is known that no significant threats to groundwater
quality exist in the area.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
The driller shall provide the enforcement agency a completion
report within 30 days of the completion of any well construction,
reconstruction or destruction job.
A.
Submittal
of State "Report of Completion." A copy of the "Report of Completion"
(Water Well Driller's Report, Department of Water Resources Form 188),
required by California Water Code Section 13751, shall be submitted
by the permittee to the enforcement agency within 30 days of construction,
alteration or destruction of any well. This report shall document
that the work was completed in accordance with the standards and all
additional permit conditions. This section shall not be deemed to
release any person from the requirement to file the report with the
State Department of Water Resources.
B.
Confidentiality
of Report. In accordance with California Water Code Section 13752,
reports shall not be made available for inspection by the public but
shall be made available for inspection by governmental agencies for
use in making studies. Reports shall be made available to any person
who obtains written authorization from the owner of the well.
C.
Other
Agency's Requirements. Nothing in this chapter shall be deemed to
excuse any person from compliance with the provisions of California
Water Code Sections 13750 through 13755 relating to notices and reports
of completion or any other Federal, State or local reporting regulations.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
Right
of Hearing. Any person whose application for a permit has been denied,
or granted conditionally, or whose permit has been suspended or revoked,
or whose variance request has been denied, may appeal to the Board,
in writing, within 10 days after any such denial, conditional granting,
suspension or revocation. Such appeal shall specify the grounds upon
which it is taken, and shall be accompanied by a filing fee as set
forth herein. The Clerk of the Board shall set such appeal for hearing
at the earliest practicable time, and shall notify the appellant and
the enforcement agency, in writing, of the time so set at least five
days prior to the hearing.
B.
Action
by the Board. After such hearing, the Board may reverse, wholly or
partly, or may modify the order or determination appealed from.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
Representatives of the enforcement agency shall have the right
to enter upon any premises at all reasonable times to make inspections
and tests for the purpose of such enforcement and administration.
If any such premises are occupied, he or she shall first present proper
credentials and demand entry. If the same is unoccupied, he or she
shall first make a reasonable effort to locate the owner or other
person having charge or control of same and demand entry. If such
entry is refused, he or she shall have recourse to such remedies as
are provided by law to secure entry.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
All persons owning an abandoned well as defined in the well
standards shall destroy it before December 31, 1991, except those
excluded by California Health and Safety Code Section 24440.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
A.
Violation
a Misdemeanor. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction thereof is
punishable by such penalties as the Board shall from time to time
set by ordinance.
B.
Civil
Enforcement—Notice of Violation.
1.
Notice
of Violation Recordation.
a.
Whenever the enforcement agency determines that a well: (i) has not
been completed in accordance with a well permit or the plans and specifications
relating thereto; (ii) has been constructed without the required permit;
or (iii) an abandoned well has not been destroyed in accordance with
the standards, the enforcement agency may record a notice of violation
with the office of the County Recorder. The owner(s) of the property,
as revealed by the assessment roll, on which the violation is situated
and any other person responsible for the violation shall be notified
of the recordation, if their address is available.
b.
If the property owner(s) or authorized agent disagree with the determination,
he or she may submit evidence to the enforcement agency indicating
that there is no violation and then shall have a right to appeal an
adverse decision of the enforcement agency to the Board in accordance
with the provisions of paragraph 2 of this subsection.
2.
Appeal—Action
by the Board.
a.
Date of Hearing. Upon receipt of the notice of appeal, the Board
shall, within 15 days following the filing of the appeal, set a date
for public hearing thereon.
b.
Evidence. The evidence before the Board shall consist of the records
in the enforcement agency's files and any other relevant evidence
which, in the judgment of the Board, should be considered to effectuate
and implement the policies of this chapter.
c.
Decision by Board. The Board may reverse or affirm, wholly or in
part, or modify the decision or the notice of violation and may make
such order as should be made. Such action shall be final.
3.
Removal
of Violation Notice. The enforcement agency shall submit a removal
of notice of violation to the County Recorder when:
C.
Civil
Enforcement—Civil Action. Violations of this chapter may also
be redressed in the manner hereinafter set forth by civil action.
In addition to being subject to prosecution, any person who violates
any of the provisions of this chapter may be made the subject of a
civil action. Appropriate civil action includes, but is not limited
to, injunctive relief and cost recovery.
D.
Remedies
Cumulative. The remedies available to the Board to enforce this chapter
are in addition to any other remedies available under ordinance or
statute, and do not replace or supplant any other remedy but are cumulative
thereto.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
Pursuant to California Water Code Section 13225(c), the enforcement
agency shall submit a report, not less than annually, to the California
Regional Water Quality Control Board(s) having jurisdiction in their
area. This report shall contain the following data, unless the Regional
Board determines a lesser amount of information is necessary:
A.
Wells
Constructed or Destroyed. The number of wells constructed or destroyed;
B.
Abatement
Actions. Descriptions of all well destructions undertaken by the enforcement
agency using its regulatory authority under nuisance abatement powers;
C.
Variances
Granted. A description of each specific case where variances were
granted and the circumstances that made a variance necessary;
D.
Inspection
Waivers Granted. A description of each specific case where an inspection
was waived and the circumstances that made the waiver necessary.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is for any reason held to be invalid, or unconstitutional
by a decision of a court of competent jurisdiction, it shall not affect
the remaining portions of this chapter, including any other section,
subsection, sentence, clause or phrase therein.
(Ord. 338, 1990; Ord. 559 § 1, 2017)
