It is the purpose of this chapter to provide for the construction,
maintenance, operation, use, repair, modification, and destruction
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. 270 § 2, 2001)
For the purposes of this chapter, unless the context otherwise
requires:
"Abandoned well"
means any of the following:
1.
A water well used less than eight hours in any 12 month period. Failure to submit annual reports of well usage pursuant to Section
8.40.160 will result in the well(s) being classified as abandoned.
2.
A monitoring well from which no monitoring data has been taken
for a period of two years.
3.
A well which is in such a state of disrepair that it cannot
be made functional for its original use or any other use regulated
by this chapter.
4.
An engineering test hole after 24 hours has elapsed after construction
and testing work has been completed on the site.
5.
A cathodic protection well, which is no longer used for its
intended purpose.
"Cathodic protection well"
means any excavation constructed by any method for the purpose
of installing electrical equipment or facilities for the protection
of metallic equipment in contact with the ground.
"Completion operation"
means any of the following work conducted after excavation:
1.
Placement of a well casing;
4.
Perforation of a well casing;
5.
Any other work listed on a permit issued pursuant to this chapter
as being a required part of a completion operation.
"Confined aquifer"
is an aquifer separated from the surface by an aqualude or
an aquitard to the extent that pressure can be created in the lower
reaches of the aquifer. The confined aquifers in Ventura County include
the aquifers comprising the Oxnard Plain Pressure Basin, the aquifers
of the East and West Las Posas Basin, the Pleasant Valley Basin, and
the aquifers comprising part of the following Basins: South Las Posas,
Simi, Ojai, and Upper Ojai.
"Contamination"
means alteration of waters by waste, salt water intrusion
or other material to a degree which creates a hazard to the public
health through actual or potential poisoning or through actual or
potential spreading of disease.
"Department"
means the city's public works department or a duly authorized
representative.
"Destroy"
means to fill a well (including both interior and annular
spaces if the well is cased) completely in such a manner that it will
not produce water or act as a conduit for the transmission of water
between any water-bearing formations penetrated.
"Director"
means the city's director of public works or his or her duly
authorized representative.
"Engineering test hole"
means an uncased excavation used to determine the engineering
or geological properties of subsurface materials by seismic investigation,
direct observation, or any other means.
"Good state of repair"
means a well whose condition is adequate to perform its intended
function without allowing cross-contamination between zones of water
bearing sediments where one or more zones contain water of different
quality and where the well has a physical barrier that prevents contamination
of any zone by surface water.
"Individual domestic well"
means any water well used to supply water for domestic needs
of an individual residence, or to systems having four or less service
connections.
"Inspect"
means to personally witness, record and certify work pursuant
to a condition or conditions of a valid permit.
"Modify or repair"
means to replace a well's casing in a manner which involves
removal or partial removal of the old casing, to reperforate the well,
to install a seal, to change the depth of the well, or to install
a liner.
"Monitoring well"
means a well constructed exclusively for monitoring or sampling
conditions of a water-bearing aquifer such as water pressure, depth,
movement or quality.
"Person"
includes any individual or entity included in the definition of "person" set forth in Section
1.04.110 of the Moorpark Municipal Code.
"Pollution"
means a substance that when introduced into waters will alter
those waters to a degree which adversely affects either the suitability
of such waters for beneficial uses or the facilities employed in conjunction
with such beneficial uses.
"Possesses"
means to be in actual possession of the well or to have a
legal right to the possession thereof.
"Registered inspector"
means a civil engineer, a registered geologist, or a certified
engineering geologist possessing a current license or registration
in the state of California and approved by the department. Registered
inspectors are required to inspect drilling and sealing operations
for engineering test holes and monitoring wells and for the determinations
in connection with a certificate of exemption. A technician trained
and experienced in drilling and sealing operations who is working
under the direct supervision of one of the aforementioned professionals
may be deemed qualified to perform required inspection(s) provided
one of the aforementioned professionals reviews the well inspection
record and assumes responsibility for the accuracy and completeness
of the work by signing the well inspection record.
"Water well"
means any excavation constructed by any method for the purpose
of determining the availability of water, extracting water from or
injecting water into the underground, except the following:
1.
Oil wells, gas wells, and geothermal wells subject to regulation
under the provisions of Division 3 (commencing with Section 3000)
of the
Public Resources Code.
2.
Wells used exclusively to dewater excavations during construction
or for stabilizing hillsides or earth embankments.
3.
Seepage pits approved for use under permit from the Ventura
County Environmental Health Division.
"Well"
includes a cathodic protection well, engineering test hole,
monitoring well or water well.
(Ord. 270 § 2, 2001)
All wells having a history of flowing located in Sealing Zone
III, or any other confined aquifer, shall be maintained and equipped
to prevent flowing due to pressure in the aquifer system. Wells without
any history of flowing that begin to flow shall be repaired, or retrofitted
as necessary to prevent flowing. Such repair or retrofit shall be
completed within a period of 30 days. This includes flowing as a result
of a failed casing or other deteriorated component, or the absence
of a surface seal.
(Ord. 270 § 2, 2001)
Any person who owns or possesses a water well or monitoring well that is abandoned or about to become abandoned, but who does not desire to destroy the well may submit to the department a report prepared and signed by a registered inspector as required by Section
8.40.070(E). Recommendations for repair must be submitted for review and approval of the department. If the department determines based on such application that exemption from the requirement that the well be destroyed would not result in pollution or contamination of groundwater and would not create a hazard to health or safety, the department may issue such a certificate of exemption. A certificate of exemption shall expire five years after issuance and may be terminated by the department at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of groundwater or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect to a well in the same manner as the original certificate was issued.
(Ord. 270 § 2, 2001)
The city council may, by resolution, establish fees for issuance
of a permit, extension of a permit, a certificate of exemption, or
an appeal pursuant to this chapter. The payment of such fee, if any,
established by such resolution, shall accompany the application to
which it pertains. If the application is withdrawn before issuance
of the permit, the department shall compute the cost to the city of
processing the application up to that point in accordance with the
city's standard cost accounting procedures, and if such cost is less
than the amount of the fee paid, the difference remaining shall be
refunded to the applicant.
(Ord. 270 § 2, 2001)
The department and the city's inspector 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 department may require that any work for which a permit is required
by this chapter be completed in stages and that each such completed
stage be inspected prior to any further work. Registered inspectors
shall inspect drilling and sealing operations for engineering test
holes and monitoring wells when required by conditions of any permit.
(Ord. 270 § 2, 2001)
Any person who violates any provision of this chapter shall
be guilty of a misdemeanor/infraction, and shall be guilty of a separate
offense for each and every day or portion thereof during which such
violation is committed, continued or permitted, and shall be subject
to the same punishment for each such separate offense as for the original
offense. The provisions of this chapter are in addition to and independent
of any other sanctions which are or may be imposed under this chapter
or any other provision of law.
(Ord. 270 § 2, 2001)
If any corrective action required by an order issued pursuant to Section
8.40.080 is not taken in full compliance with such order, the director may cause the corrective action to be taken by the county and all persons required by Section
8.40.080 to take such corrective action shall be jointly and severally liable to the city for the cost of such action. In cases where the public health and safety require emergency corrective action, the director may cause the emergency corrective action to be taken by the city without a prior order or notice and all persons who own or are in possession of a well shall be jointly and severally liable to the city for the cost of such action.
(Ord. 270 § 2, 2001)
The purpose of this program is to allow retention of those wells
that are being used and are in good condition, and require either
repair or destruction of those wells that are not usable and are causing
damage to groundwater.
A. Water
Wells.
1. Beginning
on January 1, 1999, and on each January first thereafter, any person
who owns a water well, or any person who is in possession of a water
well, except those wells for which a valid certificate of exemption
is in effect, shall submit to the department a report of the amount
of groundwater extracted and the total time the well was operated
within the preceding 12 months. This report shall be submitted to
the department prior to February 1st of each year on a form approved
by the department. Owners of wells located in the jurisdiction of
the Fox Canyon Groundwater Management Agency may utilize the same
forms already approved by this agency.
2. If a well is classified as abandoned, as defined in Section
8.40.020, a certificate of exemption shall be obtained in the manner provided in Section
8.40.100, or the well shall be destroyed as required by Section
8.40.090.
B. Based
upon the above information, all wells in the city shall be classified
as:
2. Abandoned
with a valid certificate of exemption; or
3. Abandoned
and requiring destruction.
C. No applications
for new, or replacement wells, or any land use entitlement will be
processed until all violations of this chapter are corrected.
(Ord. 270 § 2, 2001)
Failure to comply with any section of this chapter may result
in the city placing a lien on the affected property to cover the costs
of managing and performing work deemed necessary, as well as other
remedies prescribed by this chapter.
(Ord. 270 § 2, 2001)
Any person shall have the right to appeal the decision of the
director to the city council, provided such appeal is made in writing
within 21 days of the date of the director's decision and the applicable
appeal fee is paid.
(Ord. 270 § 2, 2001)