This chapter is hereby enacted pursuant to the provisions of the following laws:
(a) 
The State Constitution, Article II, Section 7;
(b) 
The Porter-Cologne Water Quality Control Act (Sections 13000 et seq., of the Water Code of the state); and
(c) 
California Water Code Section 13801, as requiring special groundwater protection with the intent of minimizing the impacts and preventing the migration of harmful chemicals into aquifers used by the city.
(Ord. 1812 § 1)
The city relies on groundwater as its sole source of supply for public drinking water. Protection of the quality of groundwater is essential to ensure future prosperity and health. The purpose of this chapter is to provide standards for the location, construction, maintenance, rehabilitation, sealing, abandonment and destruction of all wells so the quality of the groundwater is not polluted, contaminated or otherwise impacted in a manner which will jeopardize the health, safety or welfare of the citizens of the city. The intent of these standards is to prevent mixing or transfer of degraded groundwaters into aquifers of good quality water through wells or open borings.
(Ord. 1812 § 1)
As used in this chapter:
Abandoned well
means any existing well that has not been used for a period of one year, unless the owner can demonstrate his intention to use the well again for supplying water or another associated purpose within the ensuing six-month period.
Abatement
means the reconstruction, repair or destruction of a well, test well, or exploratory hole so as to eliminate a public nuisance.
Cathodic protection well
means any well constructed for the purpose of installing facilities to electrically protect metal in contact with the ground.
City
means the City of Davis.
Closed-loop/geothermal heat pump systems
means any bore hole constructed for the purpose of creating and/or transferring thermal energy as cited in the latest version of the Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards Manual (Oklahoma State University).
Director
means the public works director of the City of Davis.
Exploratory hole
means a temporary artificial excavation, hole or opening created by any means for the purpose of identifying or collecting information on the nature of the subsurface but which is greater than twenty feet for the purposes of this chapter.
Inspector
means a person designated by the public works director and authorized to ensure the provisions of this chapter are enforced.
Monitoring well
means any well constructed to monitor or sample groundwater conditions, such as for water quality or water elevation.
Permittee
means any person, association, firm, corporation, special district or public agency.
Public nuisance
means any well or condition that impairs or threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.
Test hole
means any bore hole drilled for the purpose of obtaining information needed to design a well. A test hole may be cased and can be converted to an observation, monitoring or production well.
Water well
means any well developed to produce water for drinking, commercial or industrial, irrigation or recreational surface water feature purposes.
(Ord. 1812 § 1)
The standards set forth in this chapter shall apply to all new and existing water wells, cathodic protection wells, heat-pump wells, test or exploratory borings, or any other nonmonitoring type of well within the jurisdictional boundaries of the city. Monitoring wells shall remain under full jurisdiction of the "Water Quality Law of the County of Yolo" (Chapter 8, Section 6-8 of County Code).
(Ord. 1812 § 1)
(a) 
Implementation, performance of inspections, and enforcement of compliance with this chapter shall be the responsibility of the director or designee.
(b) 
All existing well owners shall be exempt from all city well fees if the initial well permit is issued within one year after adoption of the ordinance codified in this article. Thereafter, the owner shall be responsible for paying fees in accordance with this chapter.
(Ord. 1812 § 1)
(a) 
Permits required by this chapter shall be subject to conditions set forth in the chapter or as required by law.
(b) 
No person shall construct, rehabilitate, seal, modify or destroy a production well, test well or exploratory hole in the city unless all necessary written permits have been obtained from the county department of health services and city.
(c) 
Applications for permits shall be made by completing a well permit application and filing same with the department of public works prior to construction of any well. Complete drawings and specifications for any proposed work shall accompany the well permit and shall be of sufficient detail to demonstrate compliance with all standards.
(d) 
A permit to construct, rehabilitate, seal, modify or destroy a well, test well or exploratory boring may be denied by the director if such activities may cause or threaten to cause the spread of pollution which adversely impacts the quality of the groundwater.
(e) 
Any person who commences 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.
(f) 
A permit shall not be necessary for emergency work required to maintain a drinking water supply system.
(g) 
Existing water production wells that are permitted by the Yolo County department of environmental health shall be exempted from the bi-annual well inspection permit.
(h) 
New well construction, modification or destruction of wells permitted by the Yolo County department of environmental health require an appropriate city permit.
(Ord. 1812 § 1)
The following fee schedule shown in Table A is hereby established to cover the administrative costs of issuing a well construction permit, including plan check and inspection related to well construction, and biannual inspection of wells to ensure safe operation.
Table A—Well Permit Fees
Type
Amount
Well construction fee
$ 177.00
Bi-annual well inspection fee
$ 25.00
Well destruction permit
No cost
(Ord. 1812 § 1)
(a) 
A well site and surrounding property must be inspected by the director or designee: (1) before the construction, rehabilitation, or destruction of any well, test well or exploratory hole; (2) while the annular seal is being constructed; (3) during the placement of grout while a well is being destroyed; and (4) at any other time during the work authorized under a permit issued pursuant to this chapter to ensure that compliance with the permit and all applicable standards are met.
(b) 
Upon completion of the work authorized by a permit and before the well is placed in service, or upon destruction of a well or test hole, the director or his designee must make an inspection and approve the work.
(c) 
A permittee or the drilling contractor must make a request for an inspection at least twenty-four hours (one full regular city work day) in advance of when the inspection is needed.
(d) 
Well inspections for bi-annual renewal of such permits shall include, but not be limited to, the following:
(1) 
Operational integrity of pump, pump pedestal, and motor equipment;
(2) 
Condition of the area in the vicinity of the well related to public safety, storage of chemicals or related supplies on site; and
(3) 
Related items influencing safe and efficient operation of the well.
(Ord. 1812 § 1)
(a) 
Work authorized by a permit pursuant to this chapter shall begin within ninety days from the date of issuance. The permit authorizes work for a period of one year from the date of issuance or as otherwise stated on the permit.
(b) 
If work has not begun within ninety days or completed within one year, or within the time interval specified on the permit, from the date of issuance, the permit shall be void. A sixty-day extension of the permit may be granted by the director upon written request from the permittee. Upon the expiration of the extension, no further work shall be permitted unless and until a new permit is issued.
(c) 
It shall be the responsibility of the drilling contractor to file the permit and ensure that a copy of the permit is posted at the work site.
(d) 
The contractor or owner shall notify the director at least twenty-four hours prior to the commencement of work.
(Ord. 1812 § 1)
(a) 
If compliance with any of the requirements prescribed in this chapter is impractical for a particular location because of unusual conditions, or if compliance would result in construction of an unsatisfactory well, then the director may, upon written request from the well owner or permittee, waive compliance and prescribe alternative requirements which are equal to these standards in protection of groundwater quality. Specific conditions or exemptions will be described as a variance on the permit.
(b) 
The construction, maintenance, rehabilitation, modification, and destruction of monitoring wells may be performed under the statutory and regulatory requirements of the California Regional Water Quality Control Board, the State Department of Health Services, the Yolo County department of environmental health, or the U.S. Environmental Protection Agency. If, on a specific site, provisions in this article are in conflict with the investigation or mitigation requirements prescribed by these agencies, then the director may, upon written request from the well owner or permittee, waive compliance.
(Ord. 1812 § 1)
(a) 
The construction standards prescribed in Section 39.05.160 do not apply to shallow exploration borings or test holes unless one or more of the following occurs:
(1) 
Groundwater is encountered; or
(2) 
Pollution or contamination of the soil or groundwater is known or suspected at the site of drilling.
(b) 
All other sections of this chapter shall apply to all wells, test holes and those exploratory borings of a depth greater than twenty feet.
(Ord. 1812 § 1)
The construction, rehabilitation, modification, or destruction of all wells shall be performed by contractors with a valid C-57 license in accordance with the provisions of the Contractors' License Law (Chapter 9 of Division 3 of the California Business and Professions Code) unless exempted by that act. Nothing in this chapter shall preclude a resident or owner from doing his own work provided such work is performed under the direct and continuous supervision of a person licensed as specified above.
(Ord. 1812 § 1)
As a condition of all permits, the permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or agent under a permit, or resulting from the failure of the permittee to perform his obligation under a permit. If any claim of such liability is made against the city, its officers, employees, or agents, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claims.
(Ord. 1812 § 1)
(a) 
If a well, test hole, or exploratory hole subject to this chapter is found to be a public nuisance because of construction, operation, or maintenance in a manner contrary to the terms of this chapter, or a permit issued pursuant to this chapter, the director shall give written notice of violation to the owner of the land and to the permittee.
(b) 
The notice of violation shall state the nature of the violation, the corrective measures to be taken, and a reasonable time within which such corrections must be made.
(c) 
The notice of violation shall include a statement to the landowner, well owner, or permittee that upon failure to make the required corrections within the period specified, the director may abate the condition at the expense of the landowner, well owner, or permittee.
(d) 
If the director finds that a well, test hole, or exploratory hole subject to this chapter is by reason of location, construction, operation, or maintenance causing significant irreparable damage to the groundwater or presents an immediate danger to health and safety, or that it is impractical to notify the owner or permittee, the director may perform, or order performed, emergency work necessary to abate the condition without giving notice as required above. The owner or permittee shall be liable for the costs of abatement.
(e) 
The director may record a notice of violation with the office of the county recorder.
(Ord. 1812 § 1)
(a) 
Any person aggrieved by the refusal to issue a permit, the terms of the permit, or any decision made by the director or his designee may, upon written request submitted within ten days of any such denial, conditional granting, or other decision, have the matter reviewed by the director.
(b) 
Upon receipt of written request for review, the director shall schedule the matter for review within three weeks and give the applicant at least ten days' written notice of the time and place of the review, unless the applicant agrees to a lesser time.
(c) 
The director shall notify the person requesting the review of his decision in writing within two weeks following the review.
(Ord. 1812 § 1)
(a) 
Well location.
(1) 
Separation between a water well and any well which has no upper annular seal or sanitary seal shall be at least three hundred feet.
(2) 
No well shall be located closer to a potential source of pollution than the distance listed below in Table B. When, in the opinion of the director, adverse conditions or unusual sources of pollution exist which may cause degradation of water quality, distances prescribed in Table B may be extended by the director.
Table B—Distance Between a Well and Potential Sources of Pollution
Source
Minimum Distance
Sewer main or service
100 feet
Watertight septic tank
100 feet
Subsurface sewage leaching field
100 feet
Cesspool or seepage pit
150 feet
Animal or fowl enclosure
150 feet
Hazardous waste/materials storage
500 feet
Underground storage tanks
300 feet
(b) 
Well sealing.
(1) 
Sealing conditions and procedures prescribed in Sections 9 and 13 of DWR Bulletin 74-81 as revised in 1988 or the latest revision, Section 11 of DWR Bulletin 74-88, and Sections 10 and 11 of DWR 74-81 as reviewed in 1988 or the latest revisions, are considered standards for this chapter, except as provided below.
(2) 
A well shall be sealed with a sealing material in a manner that prevents bridging, dilution, or segregation of the grout which would prevent the material from completely filling the annular space. The suggested methods for sealing given in Appendix B of DWR Bulletin 74-81 or latest revision are the minimum standards for this chapter. Other methods of sealing the annular space may be approved upon written review by the director after reviewing a written request by the owner for an alternative method.
(3) 
Sealing material shall be of a composition equivalent to those given in Section 9 of DWR Bulletin 74-81 as reviewed in 1988, or the latest revisions and Section 11 of DWR Bulletin 74-88 or the latest revisions.
(4) 
Wells shall be constructed so the annular space is effectively sealed at the surface to protect against contamination or pollution by entrance of surface or shallow subsurface waters. At a minimum, new wells shall be sealed from the surface in accordance with the following Table C.
Table C—Minimum Depth of Surface Seal
Water well
200 feet or to top of first water bearing strata tapped, whichever is greater
Cathodic protection well
50 feet or to top of first water bearing strata tapped, whichever is greater
Closed-loop heat pump
Equal to bore depth
(5) 
When special conditions exist, such as known pollution, the director may prescribe additional sealing standards to prevent the migration of pollution.
(c) 
Casing materials.
(1) 
All new and rehabilitated wells shall be constructed with casing materials which have sufficient strength and durability to resist the forces imposed on it during installation, including grouting and development, and which will provide structural integrity against forces which can normally be expected after installation. No thermoset or thermoplastic casing greater than eight inches in nominal diameter will be allowed below a minimum depth of two hundred feet or to the top of the first water bearing strata tapped, whichever is greater.
(2) 
Casing material and thickness of material shall be selected in accordance with good design practices. Materials selected for the well casing shall be of a strength and durability that meets the specifications prescribed in Section 12 of Chapter II of DWR Bulletin 74-81 as revised in 1988 or the latest revision, or Section 9 of Chapter II of DWR Bulletin 74-88 or the latest revision.
(d) 
Surface construction.
(1) 
All pumping equipment shall be installed with protective devices to effectively prevent entrance of foreign matter or back siphonage into the well casing.
(2) 
A concrete slab or base shall be constructed around the top of all water wells. The top of the floor slab shall be sloped away from the casing. The floor slab shall be a minimum of six inches thick with the outer edge of the slab at least four inches above and at least two inches below the ground surface. The surface slab shall be tied to the well's annular surface seal.
(3) 
All water wells shall have a greaseless petcock valve with the spout facing down on the discharge line before the storage tank for obtaining water quality samples.
(4) 
Any well terminating above the ground surface in areas where vehicular traffic can occur must be identified and protected such that the well can easily be seen and protected from damage.
(5) 
Where the top of a monitoring or cathodic protection well must be below the ground surface, a concrete or other water tight vault must be installed. The vault and its lid must be strong enough to support vehicular traffic. The top of the vault should be set so drainage is away from the vault. The well must be capped with a leakproof cap so water in the vault will not enter the well. The vault cover or lid must be leakproof.
(6) 
A metering device measuring the volume of water pumped for consumption purposes shall be installed and meet AWWA meter standards regarding accuracy and measurement capability.
(Ord. 1812 § 1)
(a) 
All abandoned wells, exploration holes or test holes, as defined by DWR Bulletin 74-81 as revised in 1988 or the latest revision, shall be destroyed in such a manner that they will not produce water or act as a conduit for mixing or otherwise transferring of water between permeable zones or aquifers, and will not be a hazard to the safety and well being of people or animals.
(b) 
Materials used to fill a well shall have a low permeability. Materials shall meet the material standards prescribed in DWR Bulletin 74-81, as revised in 1988 or the latest revision.
(c) 
Wells without an upper annular seal equal to or greater than that set forth in Table B shall perforate the casing at a depth equal to Table C and inject sealing material under pressure into the annular space.
(d) 
In areas where groundwater pollution is known, the director may prescribe special methods for well destruction to prevent the migration of pollutants.
(e) 
Any well, exploratory hole or test hole which is abandoned, out of service, or otherwise left unattended shall have a temporary cover over the well or hole opening which prevents the introduction of undesirable material into the well or hole, and ensures public safety. The cover shall be secured in such a manner that it cannot be removed except with the aid of equipment or through the use of tools.
(f) 
The owner or permittee of any well, exploratory hole or test hole which is abandoned, out of service, or otherwise left unattended for a period greater than ninety days shall file with the director a letter of intent which provides the reason(s) for not properly destroying the well, exploratory hole or test hole as required by this chapter and which specifies the time when the well, exploratory hole or test hole will be completed, put back in service, or destroyed as required in this chapter.
(Ord. 1812 § 1)
Any person in violation of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail of Yolo County for a period not exceeding six months, or by both fine and imprisonment.
(Ord. 1812 § 1; Ord. 2390 § 46, 2012)