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.
"Board of trustees"
means the board of trustees of the San Joaquin Local Health District.
"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.
"Health district"
means the San Joaquin Local Health District.
"Individual domestic water well"
means any water well used to supply water for domestic needs of an individual residence or duplex.
"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."
"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.
Recharge Well.
See "Injection well."
"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.
Test Well.
See Geophysical Well.
"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)
A. 
Sanitary Seal. All wells shall have a sanitary seal.
B. 
Concrete Platform or Slab Required. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.
C. 
Disinfection. After the construction or repair of individual domestic or public domestic water wells and prior to the use of the wells, the wells an all appurtenances thereto shall be adequately disinfected.
D. 
Grout Seal on Individual or Public Domestic Water Supply Wells. Public domestic water supply and individual domestic wells shall have a grout seal in the annular space.
E. 
Health Limitations. The district health officer may order changes in the location of water wells and in the methods, means and manner of constructing water wells in order that the same shall not constitute a menace to the health of human beings or animals, or a detriment to the ground water sources. The order of the district health officer shall designate the period within which such changes are to be made.
F. 
Inspections. The well site, location, material and methods used may be inspected by the district health officer at any time prior to or during construction or destruction of any well. The district health officer shall be informed when the work is completed and thereafter shall make a final inspection.
G. 
Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers or creation of a safety hazard are minimized.
H. 
Destruction of Wells. The district health officer is authorized, after reasonable efforts to eliminate pollution, contamination or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated or is so located as to become polluted or contaminated or is a safety hazard. The district health officer is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.
I. 
Out-of-Service Wells. If the owner intends to cease use of a well for a period of six months or more, he or she shall inform the district health officer. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall maintain such a well as required in the rules and regulations adopted pursuant to this chapter pertaining to out-of-service wells.
(Prior code § 22-41)
A. 
Adoption. The board of trustees shall adopt and may from time to time amend rules and regulations, including, but not limited to, standards for implementation of this chapter. Such rules and regulations shall not be in conflict with this chapter or with the laws of the state. The rules and regulations shall be adopted only after the board of trustees has considered the matter at a public hearing at which all interested persons have been afforded the opportunity to urge or oppose adoption of the proposed rules and regulations.
B. 
Appeals to the Board of Trustees. Any person whose application for a permit or for approval of a proposed action under this chapter, has been denied by the district health officer may, within thirty days after the date of such denial, appeal therefrom in writing to the board of trustees. Such appeal shall be heard by the board of trustees at its next regular meeting thereafter unless the appeal was filed within five days of such meeting, in which event, it shall be heard at the next regular meeting subsequent thereto. The board of trustees shall uphold or reverse the denial of the application or of the approval sought and shall make such orders in connection with the matter as may be necessary to protect and preserve the public health.
(Prior code § 22-42)
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))