The city council declares that the inhabitants of Lathrop have an inalienable right to demand the protection of the groundwaters and that the city council has the responsibility to protect these waters for the enjoyment, health, safety and welfare of the people. The council further declares that the citizens of Lathrop have a primary interest in the location, construction, maintenance, and destruction of water wells, cathodic protection wells, test wells, injection wells, and geophysical wells that directly affect the quality and potability of underground waters.
(Ord. 92-88 § 1)
"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. The installation of "air conditioning wells" is prohibited.
"Board of supervisors"
means the board of supervisors of the San Joaquin County.
"Cathodic protection well"
means any artificial excavation in excess of 50 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" includes any equivalent effect resulting from the disposal of water, 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 groundwater.
"County health officer"
means the health officer of the San Joaquin County public health services or his or her authorized representative.
"Geophysical well"
means a well used for testing or logging strata or to obtain data from the underground.
"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 well"
means any bored, drilled, or driven shaft, dug pit, or hole in the ground into which waste or fluid is discharged and any associated subsurface appurtenances, and the depth of which is greater than the circumference of the shaft, pit, or hole.
"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: (a) the value of such water for beneficial uses; or (b) 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 of 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"
means any well constructed to introduce water into the underground as a means of replenishing groundwater basins.
"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 the public health.
"San Joaquin County public health services"
means, the public health services of the San Joaquin County department of health care.
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 watertight 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"
means the chemical, physical, radiological, 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" or "water well"
means any artificial excavation constructed by any method for the purpose of extracting or recharging groundwater 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 hillside or earth embankments.
"Well 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.
"Well pit"
means an excavation in which the well head or top of well casing is installed below the ground surface.
(Ord. 92-88 § 2)
In all areas of the city where poor quality water could infiltrate good quality groundwater due to well construction, special requirements may be set to protect the good quality water. No permits shall be issued to dig, drill, bore, or repair any well serving a parcel of land which can be served from a public domestic water supply operated by the city, and such supply is available to the parcel from a waterline located in an adjacent street or right-of-way, without prior approval obtained from the city council.
(Ord. 92-88 § 4)
The board of supervisors 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 supervisors 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. In addition, the city council may adopt, and from time to time amend, any rules and regulations which it may be deemed necessary in connection with carrying out the purposes of this chapter.
(Ord. 92-88 § 5)
No person, as principal, servant, agent or employee, shall dig, drill, bore, drive, repair or destroy any well or shall repair, replace, install or seal 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 county health officer. The permit shall be valid for one year from date of issue. No property owner shall be denied the right to install a well or pump on his or her property, if work is accomplished in accordance with this chapter. No permit is necessary to replace or repair equipment if the sanitary seal is not broken. A fee may be charged for issuing a permit as determined by the city council after a public hearing.
(Ord. 92-88 § 6)
Every person proposing to dig, drill, bore, drive, repair, deepen or destroy any well shall, before commencing the work, first apply to the city and also apply to the county health officer for approval of the well site and method of installation or destruction, for a permit to do the work. Such application shall be on forms furnished by the county health officer and contain such information as the county health officer may require. The application is to be submitted at least 48 hours prior to the proposed commencement of work on the permit application, as prescribed in the rules and regulations adopted pursuant to this chapter.
(Ord. 92-88 § 7)
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 the permit and this chapter, including such rules and regulations as may be adopted pursuant to this chapter.
(Ord. 92-88 § 8)
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 Contractor's License Board as a well or pump contractor.
(Ord. 92-88 § 9)
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 48 hours after such repairs are begun, excluding weekends and holidays.
(Ord. 92-88 § 10)
The county health officer may grant special permits for a limited period of time, when in his or her opinion, the application of this chapter or the rules and regulations adopted pursuant to this chapter would be impracticable or unnecessary. In issuing such special permits, the county health officer may prescribe such conditions as in his or her judgment will be necessary to protect the public health.
(Ord. 92-88 § 11)
Upon completion of a well, the applicant or the licensed contractor shall file a copy of a well driller's report with the San Joaquin County public health services. These report forms will be furnished by the county health officer.
(Ord. 92-88 § 12)
The construction, use or installation of well pits shall not be permitted except under unusual circumstances as determined by the county health officer.
(Ord. 92-88 § 13)
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.
(Ord. 92-88 § 15)
After the construction or repair of individual domestic or public domestic water wells and prior to the use of the wells, the wells and all appurtenances thereto shall be adequately disinfected.
(Ord. 92-88 § 16)
The county 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 groundwater sources. The orders of the county health officer shall designate the period within which such changes are to be made.
(Ord. 92-88 § 18)
The well site, location, material, and methods used may be inspected by the county health officer at any time prior to or during construction or destruction of any well. The county health officer shall be informed when the work is completed and thereafter shall make a final inspection.
(Ord. 92-88 § 19)
Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this chapter, the well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of safety hazard, are minimized.
(Ord. 92-88 § 20)
The county 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 county 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.
(Ord. 92-88 § 21)
If the owner intends to cease use of a well for period of six months or more, he or she shall inform the county 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.
(Ord. 92-88 § 22)
Any person whose application for a permit, or for approval of a proposed action under this chapter, has been denied by the county health officer, may within 30 days after the date of such denial, appeal therefrom in writing to the board of supervisors. Such appeal shall be heard by the board of supervisors 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 supervisors 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.
(Ord. 92-88 § 23)
If the appellant is dissatisfied with the decision of the board of supervisors acting pursuant to Section 8.36.230, he or she may, within 10 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 not 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 supervisors.
(Ord. 92-88 § 24)
The public works director and the county health officer shall enforce all needful orders, rules and regulations necessary or proper to accomplish the purposes of this chapter, and may perform all other acts necessary or proper to accomplish the purposes of this chapter.
(Ord. 92-88 § 25)
Any person violating any of the provisions of this chapter will be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment.
(Ord. 92-88 § 26)