The Water Works Manual of the County, originally adopted by
the Board of Supervisors of the County on June 8, 1965, by Resolution
No. 415, and all subsequent amendments and additions thereto, is hereby
adopted and incorporated in this chapter by reference as though set
forth in full in this chapter.
(§ I, Ord. 447, eff. March 23, 1972)
Any violation of the provisions of said Water Works Manual shall be an infraction and shall be punishable as provided in Chapter 2 of Title 1 of this Code.
(§ I, Ord. 447, eff. March 23, 1972, as amended by Part 3, Ord. 508, eff. July 24, 1975)
This article shall be known as the "Well Construction, Modification
and Demolition Standards Ordinance of the City of Ojai."
(§ 1, Ord. 671, eff. March 30, 1990)
It is the purpose of this article to provide, in cooperation
with the County of Ventura, for the construction, maintenance, operation,
use, repair, modification and destruction of wells within the City
in such a manner so as to insure a continued adequate supply of drinking
water for the citizens of Ojai, to prevent the contamination or pollution
of the City's ground water and to insure that water obtained from
wells within the City's corporate limits shall be suitable for the
use of its citizens and will not jeopardize the health, safety or
welfare of its people.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 1, Ord.
676, eff. November 30, 1990)
For the purposes of this article, unless the context otherwise
requires:
means any of the following:
A water well used less than eight hours in any 12 month period;
A monitoring well from which no monitoring data has been taken
for a period of two years;
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 article within six months or such other shorter or longer
period as determined by the Director depending on well condition and
risk to the aquifer;
An engineering test hole 24 hours after construction and testing
work has been completed on the site;
A cathodic protection well which is no longer used for its intended
purposes; or
A water well for which annual reports of well usage pursuant to Section 7-3.223 have not been submitted.
means the volume of water necessary to cover one acre to
a depth of one foot; equal to 43,560 cubic feet or 325,851 gallons.
means a water well that has operated for at least eight hours
during a calendar year, a monitoring well from which data has been
collected at least once during the past two years, or a cathodic protection
well maintained and utilized for its intended purpose.
means the well owner or the well owner's authorized representative.
means a body of rock or sediment that is sufficiently porous
and permeable to store, transmit, and yield significant or economic
quantities of groundwater to wells and springs.
means a confining bed and/or formation composed of rock or
sediment that retards but does not prevent the flow of water to or
from an adjacent aquifer and that does not readily yield water to
wells or springs but stores groundwater.
means the hydrostatic pressure of artesian water, often expressed
in terms of pounds per square inch, or the height, in feet above land
surface, of a column of water that would be supported by the pressure
and which pressure may cause water to flow from the well.
means a well that is not the primary well, but is a well
used to provide supplemental water when the primary well is out of
service or not fully functional. The backup well shall not be used
to initiate any new use or increased use of groundwater, and must
meet the minimum requirements for an active status well.
means a classification assigned to a well which the owner
cannot locate.
means a classification assigned to a well for which the owner
has conducted a well search according to the County's Well Location
Procedures, and submitted a report documenting the search efforts
and results.
means any artificial excavation in excess of 50 feet constructed
by any method 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 as defined
in Section 13711 of the California Water Code.
means a certificate prepared by the City or documenting that
a well condition inspection has been conducted by an authorized inspector
and a well condition inspection report has been prepared and deemed
satisfactory by the City.
means the City of Ojai and the City Council of the City of
Ojai.
means a person authorized by the Director to inspect all
work for which a permit is issued pursuant to this article.
means any water well which provides water for public water
systems as defined in Section 116275, subdivisions (h) and (i) of
the Health and Safety Code.
means any of the following work conducted after artificial
excavation:
means any substance or property preventing the use or reducing
the usability of water for ordinary purposes such as drinking, preparing
food, bathing, washing, recreation, and cooling, or any solute or
cause of change in physical properties that renders water unfit for
a given use.
means an aquifer that is bounded above and below by formations
of distinctly lower permeability than that of the aquifer itself,
or an aquifer containing confined groundwater.
means a person, who extracts for domestic purposes, two acre-feet
or less per year.
means the City's Public Works Department.
of a well means to fill it (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 interchange of water
between any water-bearing formations penetrated.
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.
means the Director of the Department or duly authorized representative.
means an uncased excavation used to determine the engineering
or geological properties of subsurface materials by seismic investigation,
direct observation or any other means.
means an abandoned well for which a well condition inspection
report has been conducted and a certificate of exemption has been
approved by the City of Ojai.
means a manufactured instrument for accurately measuring
and recording the volume of water pumped from a well or wells.
means a well whose condition is adequate to perform its intended
function without allowing contaminants to migrate 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 surface
water contaminants from entering groundwater.
means water beneath the surface of the earth within a zone
below the water table in which the soil is completely saturated with
water, but does not include water that flows in known and definite
channels.
means an alluvial aquifer or a stacked series of alluvial
aquifers with reasonably well defined boundaries in a lateral direction
and having a definable bottom.
means any water well used to supply water for domestic needs
of an individual residence, commercial establishment, or farming operation.
a well means to personally witness, record, and certify work
pursuant to a condition or conditions of a valid permit.
Application for approval as a registered inspector shall
include proof that the applicant is in compliance with all applicable
California State laws pertaining to registration, licensing and compensation
insurance. A list shall be maintained by the Director, listing each
inspector's state registration license and compensation insurance
number. A listed person shall be dropped from the list automatically
on any such expiration date, unless prior to such expiration he or
she provides to the Director satisfactory proof of renewal in accordance
with State law, in which case he or she shall remain on the approval
list of registered inspectors.
a well means to replace its casing in a manner which involves
removal or partial removal of the old casing, to reperforate its casing,
to install a liner in the well, or to change the depth of the well.
means a cased or uncased well used exclusively for monitoring
or sampling the conditions of a water-bearing aquifer, such as water
pressure, depth, movement or quality.
means an abandoned well for which the owner does not repair
or reuse, destroy or obtain a certificate of exemption.
A person owns a well if such person is the owner of the land
on which the well is located.
means any natural person and any artificial person, including
any corporation, partnership or governmental entity.
means an alteration of the physical, chemical, or biological
properties of water by the introduction of any substance into water
that adversely affects any beneficial use of water.
A person possesses a well if such person is in actual possession
of the well or has a legal right to the possession thereof.
means a professional engineer or registered geologist currently
registered in California and approved by the Director to inspect drilling
and sealing operations for engineering test holes and monitoring wells.
A technician trained and experienced in drilling and sealing operations
who is working under the direct supervision of one of the aforementioned
professionals shall 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.
means a new well that replaces a well but does not increase
the former well's capacity. Well capacity means the name plate performance
rating for the existing well equipment or the well's documented historical
production.
means an aquifer which is not bounded on top by an aquitard
and the upper surface of which is the water table.
means the zone below the land surface in which pore space
contains both water and air.
means any artificial excavation constructed by any method
for the purpose of determining the liability of water, extracting
water from or injection water into the underground, except the following:
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; and
Wells used exclusively for the purposes of dewatering excavation
during construction or of stabilizing hillsides or earth embankments.
means a required, confidential report detailing the construction,
alteration, abandonment, or destruction of any water well, cathodic
protection well, groundwater monitoring well, or geothermal heat exchange
well. The reports were called water well drillers' reports prior to
1991 and are often referred to as "driller's logs." The report requirements
are described in Water Code Section 13751.
means a report documenting the integrity of a well and its associated components pursuant to Section 7-3.213.
means two or more water wells located in close proximity
or area, and that extract groundwater.
means the surface and subsurface area surrounding a water
well or well field that supplies a public water system through which
contaminants are reasonably likely to migrate toward the water well
or well field.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord.
676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
(a)
No
person shall within the City drill, dig, sink, deepen, construct,
repair, modify, demolish or destroy any cathodic protection well which
is over 50 feet deep, any engineering test hole which is over 50 feet
deep or any monitoring or water well unless such work is done pursuant
to and in compliance with an unexpired written permit for such work
obtained from the City Council as provided in this chapter. The City
Council may issue an annual permit for one or more engineering test
holes which are over 50 feet deep and are inspected by a registered
inspector.
(b)
Where
wells and equipment are currently used to supply water to land within
the City, such wells and equipment may continue to supply water and
may be maintained, operated, used and repaired for that purpose without
permit provided that such maintenance, operation, use or repair shall
be in accordance with the standards and provisions of this chapter.
(c)
Types of permits for water wells.
(1)
Permits for construction, modification, replacement, and repair of
all water wells;
(2)
Permits for destruction of all wells, except engineering test holes which shall be destroyed immediately after completion of testing in compliance with Section 7-3.213; and
(3)
Annual permits for one or more engineering test holes which are over
50 feet deep and which are inspected by registered inspectors.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 3, Ord.
676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
(a)
Applications
for permits shall be made to the City Council and shall include the
following:
(1)
A plot plan indicating the exact location of the well with respect
to the following items within a radius of 500 feet of the well:
(i)
Approximate property lines,
(ii)
Sewage disposal systems or works carrying or containing sewage,
(iii)
All intermittent or perennial, natural or artificial bodies
of water or water courses,
(iv)
Drainage pattern of the property,
(v)
Existing wells of all types, regardless of whether they are subject
to regulation under this article, and
(vi)
Access roads;
(2)
Location of property;
(3)
Name of person who will perform the work on the well;
(4)
Name and affiliation of registered inspector (monitoring wells and
engineering test holes only);
(5)
Proposed depth of well;
(6)
Use of well;
(7)
Proof satisfactory to the City Council that the person who will construct the well is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code);
(8)
A certificate satisfying the requirements of Section 3800 of the
Labor Code (Workers' Compensation);
(9)
Such other information as the City Council may deem necessary in
order to determine whether underground waters will be protected;
(b)
Each
application for a well permit shall be scheduled for a hearing by
the City Council at its regular meeting after the application is filed
in proper form or as soon as practicable thereafter. The City shall
notify the applicant and such other persons as might be deemed interested
or affected by the application of the time of the hearing.
(c)
The
City Council may grant or deny an application for a well permit in
whole or in part and with such conditions, modifications or limitations
on any part of an application as the City Council deems appropriate
to carry out the purpose and goals of this chapter.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 3, Ord.
676, eff. November 30, 1990)
Permits shall require compliance with all applicable standards set forth in Section 7-3.211. A permit, to be valid, must comply with all other applicable provisions of law. A permit shall expire six months from the date of issuance, unless it is extended by the Director. The Director may grant one or more extensions of a permit, each for a period not to exceed three months, if the permittee proves to the satisfaction of the Director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering test holes shall expire one year from the date of issuance.
(§ 1, Ord. 671, eff. March 30, 1990)
The permittee shall complete work authorized by the permit and
satisfy all the requirements of the permit prior to the expiration
date of the permit.
(§ 1, Ord. 671, eff. March 30, 1990)
Prior to the issuance of a permit or any extension thereof,
the applicant may be required to post with the Department a cash deposit
or bond to guarantee compliance with the provisions of this article
and the applicable permit, such case or bond to be in an amount deemed
necessary by the Director to remedy improper work, but not in excess
of the total estimated cost of the permitted work.
(§ 1, Ord. 671, eff. March 30, 1990)
No person shall perform any work, either on such person's own property or on the property of another, for which a permit is required by Section 7-3.204, unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors' State License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) and is registered with the Department to perform work permitted by this article. Licensed water well contractors (Class C-57) registered with the Department may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the Department may only perform permitted work on engineering test holes. The registration shall expire automatically on the expiration date indicated on the copy of the license or the expiration date indicated on the copy of the certificate of workers' compensation insurance submitted with the application, whichever expiration date is earlier.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord.
874, eff. July 13, 2017)
Any permit issued pursuant to Section 7-3.204 is subject to suspension or termination prior to expiration as provided in this section.
(a)
Grounds. Any of the following occurrences constitutes a
ground for termination of the permit:
(1)
Suspension, revocation or termination of the license, required by Section 7-3.209, of the person who is to perform the work; or
(2)
Failure of such person to comply with any provision of Section 3800
of the Labor Code; or
(3)
Failure of such person or of any person who owns or possesses the
well to comply with any provision of this article or any permit issued
pursuant thereto.
(b)
Notice. To initiate proceedings to terminate a permit, the
Director shall send written notice to the person to whom the permit
was issued. The notice shall briefly describe the suspected occurrence
which constitutes a ground for termination, shall specify a time and
place of a hearing at which such person shall be afforded an opportunity
to present evidence showing that there has been no such occurrence,
and shall state that the failure to appear and present such evidence
may result in termination of the permit.
(c)
Hearing. The Director shall conduct the hearing specified
in the notice. The hearing shall be informal and shall not be governed
by rules of evidence applicable to courts of law. The person to whom
the permit was issued shall have the right to present relevant evidence
at the hearing. The Director may, but need not, permit other persons
to present relevant evidence. At the conclusion of the hearing, or
within 30 calendar days thereafter, the Director shall determine,
based upon the preponderance of the evidence accepted at the hearing,
whether there has been such an occurrence. The determination of the
Director shall be final and conclusive. Such determination shall be
in writing and shall contain a brief statement of the findings of
fact upon which the determination is based. If the determination is
that there has been such an occurrence, the Director shall terminate
the permit; provided, however, that the Director shall have the discretion
not to terminate the permit if the Director determines that the occurrence
was not willful, is not ongoing, and is not likely to recur.
(d)
Prehearing suspension. The Director may suspend a permit
prior to the hearing when the Director determines that such action
is necessary to protect the public health and safety or the environment
from imminent danger. The Director shall notify the person to whom
the permit was issued of suspension. The suspension shall remain in
effect until the Director makes a final determination based upon the
hearing; provided, however, that the Director may lift the suspension
at any earlier time at which the Director determines that it is no
longer necessary.
|
This section shall not deprive the Director or the City of authority
to pursue any other action or remedy otherwise available to them under
the law.
|
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord.
874, eff. July 13, 2017)
Standards for the construction, relocation, replacement, repair,
backup or standby modification or destruction of wells shall be those
set forth in the California Department of Water Resources Bulletin
Nos. 74-9, Chapter IV, entitled "Water Well Standards—Ventura
County," Bulletin No. 74-81, Chapter II, entitled "Water Well Standards—State
of California," and Bulletin 74-90, entitled "California Well Standards
- State of California," as supplemented or revised from time to time
by the California Department of Water Resources, with the following
exceptions:
(a)
The
City Council may adopt additional or more stringent standards to be
applicable to any or all zones as delineated in the aforementioned
Bulletins.
(b)
All
community water supply wells and individual domestic wells shall be
constructed with a sounding tube, tap hole with plug, or similar access
for water level measuring equipment. For wells fitted with a well
cap, the cap shall have a removable plug for this purpose. (State
of California Department of Water Resources' Bulletin No. 74-81).
Well discharge piping shall contain a water sampling port or valve
for water quality sampling. Every new water well shall be equipped
with a flowmeter. This flowmeter requirement does not apply to de
minimis extractors. For those required to have flowmeters, flowmeters
will be calibrated and a report submitted to the Agency at a minimum
of every three years. The specifications for flowmeter calibration
are set forth in Appendix 1. Substitution of comparable flowmeter
calibration specifications may be approved upon review by the Director
(c)
All
pump discharge pipes not discharging or open to the atmosphere shall
be equipped with an automatic device to prevent backflow and/or siphonage
into a well. Specific backflow prevention measures are required for
drinking water supply wells as prescribed in Title 17, Public Health,
California Code of Regulations (Sections 7583 through 7585 and 7601
through 7605), effective June 25, 1987. (State of California Department
of Water Resources' Well Standard Bulletin No. 74-90) Irrigation well
systems, including those used for landscape irrigation and other well
systems that employ, or which have been modified to employ, chemical
feeders or injectors, shall be equipped with a backflow prevention
device (State of California Department of Water Resources' Well Standard
Bulletin No. 74-90). A check valve may also be utilized to meet this
backflow prevention requirement.
(d)
All
community water supply wells and individual domestic wells shall be
provided with a pipe or other effective means through which chlorine
or other disinfecting agents may be introduced directly into the well.
If a pipe is provided, it shall be installed at a height at or above
the pump slab, shall be kept sealed, and shall be provided with a
threaded or other secure cap. Equivalent protection for preventing
contaminants from entering the well shall be provided for subsurface
pump discharge installations. If an air relief vent is used, it shall
terminate downward and be screened with 16 mesh screen to prevent
contaminants from entering the vent.
(e)
Every
new, repaired or modified community water supply well or individual
domestic water well, after construction, modification or repair, and
before being placed into service, shall be thoroughly cleaned of all
foreign substances and shall be thoroughly disinfected utilizing the
procedures set forth in Appendix C of the aforementioned Bulletin
No. 74-81.
(f)
For
irrigation and industrial wells chemicals of any type are not to be
injected, pumped or poured into the well with the exception of disinfectants
following any well rehabilitation work. Rehabilitation work may include
use of chemicals to clean or remove scale from the well casing and
gravel pack (if installed). Chemicals used for disinfection of groundwater
extracted from the well shall be injected downstream from a backflow
prevention device. Continuous injection or drip of chemicals into
the well is prohibited.
(g)
Engineering test holes deeper than 50 feet shall be destroyed within one working day upon completion of testing by completely filling and/or sealing of the borehole in accordance with criteria established by the Agency. The Agency may waive complete sealing if the permittee demonstrates to the Director's satisfaction that the purpose of this article as set forth in Section 7-3.202 will be satisfied.
(h)
No
well, regardless of status, shall be left unattended without a cap
that has been constructed to prevent the accidental access to the
well by a person or animal, or have an opening that allows the well
to be susceptible• to contaminants or pollution.
(i)
All
wells shall be located an adequate horizontal distance from potential
sources of contamination and pollution as specified in the Department
of Water Resources, California Well Standards Bulletins No. 74-81,
Section B.A.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 4, Ord.
676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
Licensed water well contractors who have performed any work
for which a permit is required by this Article and which work involves
drilling, digging, excavating or boring of a well, except for an engineering
test hole, shall, within 30 days of completion of such work, submit
to the Agency an accurate and complete well completion report.
For the purpose of obtaining sealing requirements from the Agency,
geophysical well logs will be required as described in this article.
New water wells in Sealing Zone Ill shall have a geophysical log.
New water wells in Sealing Zone II shall either have a geophysical
log, or soil samples shall be collected and recorded for every 10
feet of depth within potential sealing zones. Geophysical logs must
include spontaneous potential, and resistivity (short and normal,
or lateral log). All abandoned water wells to be destroyed in Sealing
Zones II and Ill shall have a geophysical log by gamma ray if no existing
electric log or satisfactory drilling report is available for that
well, unless it is determined by the Agency that a log is not warranted.
Any permittee whose water well contractor fails to comply with
this provision shall be in violation of this article and shall not
be granted any new permits until the violation has been corrected.
This shall not preclude the application of other penalties for violation
of this article. A well log shall include, at a minimum, all of the
following:
(a)
A
detailed record of the boundaries, character, distribution and color
of all lithologic units penetrated;
(b)
The
type and size of well casing;
(c)
The
location of perforations, sealing zones and existing seals;
(d)
Reports
on the quantity and quality of groundwater (if available); and
(e)
Any
other data required by the Director in the permit conditions.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord.
874, eff. July 13, 2017)
Well construction seal inspection report. A
County inspector will prepare a well seal inspection report for water
wells and cathodic protection wells constructed pursuant to and in
compliance with an unexpired permit issued under this article.
(a)
Well destruction seal inspection report. A County inspector
will prepare a well seal inspection report for water wells and cathodic
protection wells destroyed pursuant to and in compliance with an unexpired
permit issued under this article.
(b)
Monitoring well/engineering test hole construction seal inspection
report. The well seal inspection report for monitoring wells
and engineering test holes constructed pursuant to and in compliance
with an unexpired permit issued under this article shall be submitted
by a registered inspector within 30 days of sealing on a form* satisfactory
to the Agency, and shall include:
(1)
Permit number.
(2)
Date(s) of sealing work.
(3)
Number of wells constructed under this permit.
(4)
Diameter and depth of bore hole(s), diameter and depth of casing(s)
installed, depth to top and bottom of perforated interval(s), and
depth(s) to top of annular filter pack.
(5)
Depth to water.
(6)
Depth and type of sealing material(s).
(7)
Method of placement of sealing material(s).
(8)
Method of protection of wellhead or open (engineering test) bore
hole.**
(9)
Signature of registered inspector.
|
*
|
Bulletin 74-90 (DWR) requires that monitoring well construction,
alteration, and destruction reports be completed on forms provided
by the California Department of Water Resources.
|
|
**
|
Section 7-3.211(g) requires that all engineering test holes be destroyed within one working day after completion of testing.
|
(c)
Monitoring well destruction seal inspection report. The well seal inspection report for monitoring wells and engineering test holes destroyed pursuant to and in compliance with an unexpired permit issued under Section 7-3.204 shall be submitted by a registered inspector within 30 days of sealing on a form* satisfactory to the Agency, and shall include:
(1)
Permit number.
(2)
Date(s) of sealing work.
(3)
Number of wells destroyed under this permit.
(4)
Diameter and depth of bore hole(s) and diameter and depth of casing(s)
installed (monitoring wells).
(5)
Depth to water.
(6)
Depth and type of sealing material(s).
(7)
Method of placement of sealing material.
(8)
Method of restoration of site area.
(9)
Signature of registered inspector.
|
*
|
Bulletin 74-90 (DWR) requires that monitoring well construction,
alteration, and destruction reports be completed on forms provided
by the California Department of Water Resources.
|
(d)
Water well condition inspection report for certificate of exemption
or returning well to active status. Any person who owns or who possesses a water well that is abandoned or about to become abandoned due to lack of use, but who does not desire to destroy the well, may submit to the Agency a well condition inspection report signed by a registered inspector pursuant to Section 7-3.216. The report shall include:
(1)
State well number.
(2)
Driller's report.
(3)
Assessor parcel number of the property on which the well is located.
(4)
An accurate location description with respect to nearby wells, septic
systems, animal enclosures, roads, and property boundaries.
(5)
Photographs of the well site, taken not more than six months prior
to application for a certificate of exemption.
(6)
Video log of well casing, conducted not more than six months prior
to application for a certificate of exemption.
(7)
A description of the well casing condition based upon a review of
the most recent video log of the well.
(8)
An opinion that the well is, or is not, equipped with an annular
seal or seals to prevent the interchange of waters between water-bearing
strata penetrated by the well.
(9)
A statement that the well is, or is not, protected from artesian
flow and from entry by surface waters.
(10)
A description of any work necessary to assure the safety of local
groundwater supplies due to the continued existence of the well.
(11)
A description of any repair work necessary to allow the well to function
for its intended purpose.
(§ 1, Ord. 671, eff. March 30, 1990)
Any person who owns a well and any person who is in possession
of a well, may be required to take corrective action with respect
to the well as provided in this section.
(a)
Grounds. Any of the following occurrences constitutes a
ground for ordering corrective action:
(1)
Maintenance, operation or use of the well in a manner that will cause
or contribute to, or run a substantial risk of causing or contributing
to, the pollution or contamination of the groundwater; or
(2)
Construction, maintenance, repair, modification or destruction of
the well in a manner that violates any provision of this article.
(b)
Notice. To initiate proceedings to order corrective action,
the Director shall send written notice to the person who owns the
well or the person in possession of the well or both of them. The
notice shall briefly describe suspected occurrence which constitutes
a ground for ordering corrective action, shall describe the proposed
corrective action, shall specify a time and place of a hearing at
which such person shall be afforded an opportunity to present evidence
showing that there has been no such occurrence or that the proposed
corrective action is inappropriate, and shall state that failure to
appear and present such evidence may result in an order requiring
such person to take some or all of the proposed corrective action.
(c)
Hearing. The Director shall conduct the hearing specified
in the notice. The hearing shall be informal and shall not be governed
by rules of evidence applicable to courts of law. The person to whom
the permit was issued shall have the right to present relevant evidence
at the hearing. The Director may, but need not, permit other persons
to present relevant evidence. At the conclusion of the hearing, or
within 30 calendar days thereafter, the Director shall determine,
based upon the preponderance of the evidence accepted at the hearing,
whether there has been such an occurrence, and if so, whether the
proposed corrective action is appropriate. The determination of the
Director shall be final and conclusive.
(d)
Order. If the determination is that there has been such
an occurrence and that some or all of the proposed corrective action
is appropriate, the Director may issue and serve upon the person or
persons who were served with notice of the hearing a written order
requiring such appropriate corrective action. The order shall state
a deadline for commencing the corrective action if such action is
to be ongoing, and shall state a deadline for completing the corrective
action if such corrective action is not to be ongoing. The order shall
further state that, if the corrective action is not taken in compliance
with the order, such action may be taken by the City at the expense
of the person served with the order and, in addition, such person
may be subject to criminal prosecution.
(e)
Compliance. Any owner or possessor of the well who is served
with such an order shall, on or before the deadline stated therein,
commence every corrective action described therein as being ongoing,
and complete every corrective action described therein as not being
ongoing. Any owner or possessor of the well served with such an order,
and any person who thereafter acquires ownership or possession of
the well with actual or constructive notice of the order, shall, for
so long as such person owns or possesses the well, continue to take
every corrective action described in the order as ongoing, until such
time as either the well is destroyed pursuant to this article or the
Director states in writing that such ongoing corrective action is
no longer necessary.
(§ 1, Ord. 671, eff. March 30, 1990)
No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well, unless either such well has been destroyed pursuant to this article or a current certificate of exemption has been issued for such well pursuant to Section 7-3.216.
(§ 1, Ord. 671, eff. March 30, 1990)
Any person who owns or possesses a water or monitoring well
which is abandoned or about to become abandoned but who intends to
use such well again may apply to the City Council, in a form satisfactory
to the City Council, for a certificate of exemption from the requirement
that such well be destroyed. If the City Council determines from such
application that exemption from the requirement that the well be destroyed
would not result in pollution or contamination of ground water and
would not create a hazard to health or safety, the City Council may,
but shall not be required to, issue such a certificate of exemption.
A certificate of exemption shall expire five years after issuance
and may be terminated by the City Council at any time prior to expiration
upon a determination that destruction of the well is necessary to
prevent pollution or contamination of ground water or to avoid a hazard
to health or safety. Such successive certificates of exemption may
be issued with respect to a well in the same manner as the original
certificate.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 5, Ord.
676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
The City Council may, by resolution, establish fees for the processing of any application for approval as a registered inspector, for registration with the Department pursuant to Section 7-3.209, or for a permit, extension of permit, or certificate of exemption pursuant to this article. 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 the City's standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.
(§ 1, Ord. 671, eff. March 30, 1990)
The Director and his or her City inspectors 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 article is being violated.
The Director may require that any work for which a permit is required
by this article be completed in stages and that work completed for
any stage be inspected prior to any further work. Registered inspectors
must inspect drilling and sealing operations for engineering test
holes and monitoring wells if required by permit conditions.
(§ 1, Ord. 671, eff. March 30, 1990)
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of an infraction or a misdemeanor at the discretion of City authorities as provided in Title 1, Chapter 2, Section 1-2.03 of this Code and, upon conviction thereof, shall be subject to the penalties provided therein. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable as provided in this section. The provisions of this section 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.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 7, Ord.
697, eff. June 25, 1993)
If any corrective action required by an order issued pursuant to Section 7-3.214 is not taken in full compliance with such order, the Director may cause the corrective action to be taken by the City and all persons required by Section 7-3.214 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 possess the well shall be jointly and severally liable to the City for the cost of such action.
(§ 1, Ord. 671, eff. March 30, 1990)
The foregoing provisions of this chapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or of Article 2 (commencing with Section 4521) of Chapter 5 of Division 4 of the Ventura County Ordinance code. The City Council may also waive permit requirements for installation or destruction of monitoring and recovery wells to determine the extent of or remove underground tank contamination, pursuant to the requirements of the State of California or the County of Ventura, if the City Council determines that the purpose of this article as set forth in Section 7-3.202, will be satisfied. The City Council may also waive permit requirements for installation or destruction of natural gas monitoring and recovery wells pursuant to the requirements of the State of California or the County of Ventura if the City Council determines that the purpose of this article as set forth in Section 7-3.202 will be satisfied.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 6, Ord.
676, eff. November 30, 1990)
All wells having a history of flowing as a result of artesian
pressure 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 of notice by County. This includes flowing as
a result of a failed casing or other deteriorated component, or the
absence of a surface seal.
(§ 2, Ord. 874, eff. July 13, 2017)
The purposes of this program are to allow retention of those
wells that are being used and are in good condition and to require
either repair or destruction of those wells that are not usable and
are causing ground-water pollution.
(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 Agency a report of
the volume of groundwater extracted, as measured by flowmeter if so
equipped, or other reasonable means, and the total time the well was
operated within the preceding 12 months. In addition, for water wells
constructed to allow access for water level measuring, the static
water level in each water well shall be measured and reported annually.
Any results from a completed aquifer pump test, or groundwater quality
data collected shall also be reported. This report shall be submitted
to the Agency prior to February 1 of each year on a form approved
by the Agency.
(2)
If a well is classified as abandoned, as defined in Section 7-3.203, a certificate of exemption shall be obtained or the well may be returned to active status by completing a well condition inspection report in the manner provided in Section 7-3.216, or the well shall be destroyed as required by Section 7-3.215.
(b)
Based
upon the above information, all wells in the unincorporated areas
of Ventura County shall be classified as one of the following:
(c)
Applicants
in violation of this article shall not be entitled to further well
permits or any land use entitlement until all violations of this article
are corrected.
(§ 2, Ord. 874, eff. July 13, 2017)
