As used in this chapter:
"Abandoned well"
means any well whose original purpose and use has been permanently
discontinued or which is in such a state of disrepair that it cannot
be used for its original purpose.
"Agricultural well"
means any water well used to supply water for irrigation,
livestock operation or other agricultural purposes not including any
uses of domestic water.
"Air conditioning wells"
means wells constructed to return to the ground, in a closed
system, well water which has been used as a coolant in air-conditioning
processes.
"Cathodic protection well"
means any artificial excavation in excess of fifty feet deep
constructed by any means 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).
"Contamination"
means an impairment of the quality of the waters by waste
to a degree which creates a hazard to the public health through poisoning
or through the spread of disease. Contamination shall include any
equivalent effect resulting from the disposal of waste, whether or
not waters of the city are affected.
"Destruction of well"
means to restore as nearly as practicable those conditions
which existed prior to the construction of the well.
"Disposal well"
means a hole dug, bored or drilled into any known aquifers
in which are deposited matters or substances, which, by reason of
temperature or content, may be deleterious to ground water.
"District health officer"
means the health officer of the San Joaquin Local Health
District or his or her authorized representative.
"Geophysical well"
means a well used for testing or logging strata or to obtain
data from the underground.
"Industrial well"
means any water well used to supply industry on an individual
basis.
"Injection or recharge well"
means any well constructed to introduce water into the underground
as a means of replenishing ground water basins.
"Person"
means any natural person, individual, firm, partnership,
company, corporation, association, joint venture, joint stock company,
organization, club, company, business trust, lessee, agent, servant,
officer, employee, unincorporated association or representative of
same.
"Pollution"
means an alteration of the quality of the waters by waste
to a degree which unreasonably affects:
1.
The value of such water for beneficial uses; or
2.
Facilities which serve such beneficial uses.
"Pollution" may include "contamination."
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"Public domestic water supply well"
means any water well used to supply domestic water to more
than one individual parcel or property or any water supply which services
any premises which contains a temporary or permanent resort, hotel,
apartment house, triplex, motel, institution, labor camp, trailer
park, gas station, cafe, school, subdivision or any commercial establishment.
"Pump contractor"
means any person or company licensed by the state contractors
license law, as provided in Division 3, Chapter 9, of the Business
and Professions Code, to install, service or repair a pump.
"Sanitary hazards"
means inadequacies, actual or potential, which may permit
the entrance of pollutants, contaminants or pathogenic organisms into
the water, thereby impairing the water quality or rendering it injurious
to public health.
Seal, Annular.
"Annular seal" means the cement grout between the conductor
casing or bore and the casing.
Seal, Sanitary.
"Sanitary seal" means a grout, mastic or mechanical device
used to make a water-tight joint between the pump and casing or the
concrete base.
Seal, Surface.
"Surface seal" means a monolithically poured concrete platform
constructed around the top of the well casing on thoroughly compacted
earth.
"Waters of the city"
means any water, surface or underground, including saline
waters, within the boundaries of the city.
"Water quality"
is a term used to describe the chemical, physical and biological
characteristics of water in respect to its suitability for a particular
purpose. The same water may be of good quality for one purpose or
use, and bad or poor for another, depending upon its characteristics
and the requirements for the particular use.
"Well contractor"
means any person or company licensed by the State Contractors
License Law, as provided in the business and professions code in Title
5.
"Well pit"
means an excavation in which the well head or top of well
casing is installed below the ground surface.
"Well" or "water well"
means any artificial excavation constructed by any method
for the purpose of extracting or recharging ground water or testing
or logging of stratum to obtain data from the underground. This definition
shall not include:
1.
Oil and gas wells or geothermal wells constructed under jurisdiction
of the State Department of Conservation, except those wells converted
to use as water wells;
2.
Wells used for the purpose of:
a.
Dewatering excavation during construction, or
b.
Stabilizing hillsides or earth embankments.
(Prior code § 22-30)
This chapter shall apply to all territory lying within the city
limits of the city, the county and the state.
(Prior code § 22-31)
Special requirements may be set to protect the good quality
of the water in the city.
(Prior code § 22-32)
No person, as principal, servant, agent or employee, shall dig,
drill, bore, drive, repair, replace, install or set a pump for use
on any well, whether the well is to be used for domestic, irrigation,
testing, geophysical or cathodic protection or other purposes without
having a valid unrevoked or unsuspended permit to do so from the district
health officer. The permit shall be valid for one year from date of
issue. No permit is necessary to replace or repair equipment if the
sanitary seal is not broken. A standard fee may be charged for issuing
permit. This fee will be determined by the city after a public hearing.
(Prior code § 22-33)
Every person proposing to dig, drill, bore, drive, repair, deepen
or destroy any well, shall, before commencing the work, apply to the
district health officer for approval of the well site and method of
installation or destruction, and for a permit to do the work. Such
application shall be on forms furnished by the district health officer
and contain such information as the district health officer may require.
Such application is to be submitted at least forty-eight hours prior
to the proposed commencement of work on such permit application, as
prescribed in the rules and regulations adopted pursuant to this chapter.
(Prior code § 22-34)
The applicant applying for a permit for the construction, repair
or destruction of the well shall assume the responsibility of complying
with all requirements of such permit and this chapter, including such
rules and regulations as may be adopted pursuant to this chapter.
(Prior code § 22-35)
Permits shall be granted to any owner or his or her authorized
representative and to those persons having a valid city business license
and a license from the State Contractors License Board as well or
pump contractor.
(Prior code § 22-36)
In the event of an emergency, as evidenced by lack of water,
repairs may proceed without a permit. Emergency repairs include the
construction of a new well or the repair, deepening or replacement
of a well or pump. All work done under emergency conditions shall
comply with the rules and regulations adopted pursuant to this chapter.
In all such cases, the owner or contractor must file a statement that
this was an emergency repair and the reason for the repair. Application
for emergency repairs must be made within forty-eight hours after
such repairs are begun, excluding weekends and holidays.
(Prior code § 22-37)
The district health officer may grant special permits for limited
periods of time when, in his or her opinion, the application of this
chapter or rules and regulations adopted pursuant to this chapter
would be impracticable or unnecessary. In issuing such special permits,
the district health officer may prescribe such conditions as in his
or her judgment will be necessary to protect the public health.
(Prior code § 22-38)
Upon completion of a well, the applicant or the licensed contractor
shall file a copy of a well driller's report with the health district.
These report forms will be furnished by the district health officer.
(Prior code § 22-39)
The construction, use or installation of well pits shall not
be permitted, except under unusual circumstances as determined by
the district health officer.
(Prior code § 22-40)
If the appellant is dissatisfied with the decision of the board of trustees acting pursuant to subsection
B of Section
13.08.130, he or she may, within ten days after that decision, appeal to the city council. The appeal shall be in writing and filed with the city clerk. Thereafter, the city council shall set the appeal for hearing. Notice of the hearing shall be given to the applicant no less than five days prior to the hearing. At the hearing, any interested party may present oral or written evidence. Following the hearing the city council shall render a decision on the appeal and may sustain, modify or reverse any action of the board of trustees.
(Prior code § 22-43(a))
The district health officer shall enforce this chapter and all
orders, rules and regulations enacted pursuant to this chapter.
(Prior code § 2243(b))