[1961 Code, § 24.98; Ord. 631]
No person shall engage in the business of operating any private water company or any other company supplying water within the city without having first obtained from the City Council a certificate of public convenience and necessity.
[1961 Code, § 24.99; Ord. 631]
All persons applying for a certificate of public convenience and necessity shall pay a nonrefundable fee of established by the fee resolution.
[1961 Code, § 24.100; Ord. 631]
(A) 
All persons applying for a certificate required by this subchapter shall file with the City Council a verified application which shall set forth:
(1) 
The name and address of the person making application;
(2) 
If, at the same time of making application, the person is actually operating a water supply company in the city, the name of the company and the area which it serves;
(3) 
The area for which a certificate of public convenience and necessity is desired;
(4) 
A description of the proposed water system and proposed charges and rates for services;
(5) 
Other information as the City Council may require.
[1961 Code, § 24.101; Ord. 631]
Upon filing of the fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed water company. No certificate shall be granted until the Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed water company.
[1961 Code, § 24.102; Ord. 631]
Notice of the time and place of the public hearing before the City Council shall be published once in a newspaper of general circulation in the city, and the cost of publication shall be at the expense of the applicant.
[1961 Code, § 24.103; Ord. 631]
In determining whether public convenience and necessity require the proposed water company for which the application is made, the City Council shall investigate and consider:
(A) 
The demand of the public for the proposed water company;
(B) 
The adequacy of the existing and proposed service;
(C) 
The financial responsibility and experience of the applicant;
(D) 
The effect which an additional water company may have upon existing water companies and water service provided by the city;
(E) 
The quality, nature and type of service to be furnished by the applicant.
[1961 Code, § 24.104; Ord. 631]
If the City Council shall, by resolution, declare that public convenience and necessity require the additional water company, a certificate to that effect shall be issued to the persons entitled thereto; provided, the City Council may, in its discretion, determine the area of service, conditions and limitations on the granting of said permit; provided, further, that no certificate authorized hereunder shall be issued to any persons who shall not have fully complied with all of the necessary requirements of this chapter.
[1961 Code, § 24.105; Ord. 631]
If the service permitted hereunder is for any reason discontinued for a period of 30 days, the certificate granted shall automatically be canceled and shall be restored only in accordance with the provisions of this subchapter.
[1961 Code, § 24.106; Ord. 631]
If the owner sells or transfers title to the water company, or if more than 25% of the stock in the company is transferred at any one time, a new certificate must be issued provided the new owners have complied with all of the provisions of this chapter.
[1961 Code, § 24.107; Ord. 631]
(A) 
The City Council may, at any time, revoke or suspend the certificate granted pursuant to this subchapter:
(1) 
If the company's record is unsatisfactory;
(2) 
If the company fails to operate the water service in accordance with the provisions of this chapter or the conditions imposed on it by the city upon issuance of the certificate;
(3) 
If the company discontinues or suspends operation of service for a period of 45 days without permission first had and obtained from the City Council;
(4) 
If the company operates at a rate or adopts a rate schedule other than that approved by the City Council.
(B) 
All certificates which shall have been surrendered or revoked by the City Council shall be surrendered to the City Clerk, and the operation covered by the certificates shall cease and be unlawful.
[1961 Code, § 24.108; Ord. 631]
(A) 
The City Council shall act on the company's application for a certificate of public convenience and necessity by resolution, and may deny any such application if, in its sound discretion, it determines that:
(1) 
There is a reasonable cause rendering the proposed operation undesirable or inadequate to this city;
(2) 
There is insufficient public need or demand for the proposed water company;
(3) 
The proposed water company's operation is inadequate, unsafe, or does not comply with existing standards in use throughout the city for water service;
(4) 
That it does not provide adequate fire protection.
(B) 
The Council may, by resolution, and after five days' written notice to the company, suspend or revoke a company's certificate for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any company's certificate for a violation of any of the provisions of this chapter.
[1961 Code, § 24.109; Ord. 631]
There is exempted from the operation of this chapter any privately owned water company holding a certificate of public convenience and necessity from the Public Utilities Commission and any mutual water company upon their filing with the city documentation of the present areas served together with a map of their area indicating the service mains, the size thereof, the location and capacity of their wells. Upon any later modification or expansion other than routine maintenance or repair said existing company shall comply with all provisions of this subchapter.
[1961 Code, § 24.110; Ord. 631]
The City Council may adopt further rules and regulations implementing the provisions of this chapter by resolution at any later date.
[1961 Code, § 24.112; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
The purpose of this subchapter is to provide minimum standards for construction, reconstruction, abandonment and destruction of all wells in order to:
(1) 
Protect underground water resources; and,
(2) 
Provide safe water to persons within the city.
(B) 
Pursuant to the authority cited in Cal. Water Code § 13801(c), the City of Indio City Engineering Services shall enforce the provisions of this subchapter within its jurisdiction.
[1961 Code, § 24.113; Ord. 1041; Ord. 1103, 11-20-1991]
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED WELLS and ABANDONMENT
These terms shall apply to a well whose original or functional purpose and use has been discontinued for a period of one year and which has not been declared for reuse by the legal owner with the City Engineering Services, or a well in such a state of disrepair that it cannot be functional for its original purpose or any other function regulated under this subchapter. Exploration holes shall be considered "abandoned" 24 hours after construction and testing work has been completed.
AGRICULTURE WELL
Any water well used to supply water for irrigation or other agricultural purposes, including so-called “stock wells.”
ANNULAR SEAL or SANITARY SEAL
The approved material placed in the space between the well casing and the wall of the drilled hole (the annular space).
CATHODIC PROTECTION WELL
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.”
COMMUNITY WATER SUPPLY WELL
Any well which provides water for public water supply systems.
CONTAMINATION
An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
CROSS-CONNECTION
Any unprotected connection between any part of a water system used or intended to supply water for domestic purposes and any source or system containing water or other substances that are not or cannot be approved as safe, pure, wholesome, and potable for human consumption.
DEPARTMENT
City of Indio Engineering Services.
DIRECTOR
The City Engineer or the City Engineer's duly authorized representative.
DISTRIBUTION SYSTEM
The facilities, conduits or any other means used for the delivery of water from the source facilities to the customer's system.
EXPLORATION HOLE
An uncased excavation for the purpose of immediately determining the existing geological and/or hydrological conditions at the site either by direct observation or other means.
INDIVIDUAL DOMESTIC WELL
Any well used to supply water for domestic needs other than a public water supply system.
INDUSTRIAL WELL
Any well used primarily to supply water for industrial processes and may supply water intentionally or incidentally for domestic purposes.
LATERAL (HORIZONTAL) WELL
A well drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical well. The term does not include horizontal drains or wells constructed to remove subsurface water from hillside, cuts or fills.
MONITORING WELL
An artificial excavation by any method for the purpose of observing, monitoring, or supplying the conditions of a water-bearing aquifer, such as fluctuations in groundwater levels, quality of groundwaters, or the concentration of contaminants in underground waters.
PERSON
Any individual, firm, corporation, association, profit or nonprofit organization, trust, partnership, special district or governmental agency to the extent authorized by law.
POLLUTION
An alteration of water by waste to a degree which unreasonably affects the water for beneficial uses or facilities which serve such beneficial uses. "Pollution" may include "contamination."
PUBLIC WATER SYSTEM
A system regardless of type of ownership for the provision of piped water to the public for domestic use, if the system has at least five service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year. A public water system includes:
(1) 
Any collection, treatment, storage, and distribution facilities which are used primarily in connection with the system and which are under control of the water supplier.
(2) 
Any collection or pretreatment storage facilities which are used primarily in connection with the system but are not under control of the water supplier.
RECONSTRUCTION
Certain work done to an existing well in order to restore its production, replace defective casing, seal off certain strata or surface water, or similar work, not to include the cleaning out of sediments, surging, or maintenance to the pump or appurtenances where the integrity of the annular seal or water-bearing strata are not violated.
SOURCE FACILITIES
Wells, stream diversion works, infiltration galleries, springs, reservoirs, tanks, and all other facilities used in the production treatment, disinfection, storage, or delivery of water to the distribution system.
WATER WELL
Any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. This definition shall not include:
(1) 
Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or
(2) 
Wells used for the purpose of:
(a) 
Dewatering excavation during construction; or
(b) 
Stabilizing hillsides or earth embankments.
[1961 Code, § 24.114; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
No person or entity, as principal agent, or employee, shall dig, drill, bore, drive, reconstruct or destroy:
(1) 
A well that is to be, or has been, used to produce or inject water;
(2) 
A cathodic protection well; or,
(3) 
A monitoring well, without first filing a written application to do so with the City Engineering Services, and receiving and retaining a valid permit as provided herein.
(B) 
No person or entity shall engage in any activity subject to the jurisdiction of this subchapter without first paying all applicable fees to the City Engineering Services for each activity in the amounts set forth in city's fee schedule resolution.
(C) 
Any person who shall commence any work for which a permit is required by the City Engineering Services without having obtained a permit therefor, shall, if subsequently granted a permit, pay double the permit fee for such work; provided, however, that this provision shall not apply to emergency work when it shall be established in writing to the satisfaction of the City Engineer that the work was urgently necessary and that it was not practical to obtain a permit before commencement of the work.
(1) 
In all cases in which emergency work is necessary, a permit shall be applied for within three working days after commencement of the work.
(2) 
The applicant for a permit for any such emergency work shall, in any case, demonstrate that all work performed is in compliance with the technical standards of § 54.029.
(D) 
An application for a permit to construct a water well, monitoring well, or cathodic protection well, shall be submitted to the City Engineer on a form and in a manner prescribed by the City Engineer, and shall include the following information:
(1) 
A plot plan showing the proposed well location with respect to the following items within a radius of 500 feet from the well:
(a) 
Property lines, including ownership;
(b) 
Sewage or waste disposal systems (including reserved waste disposal expansion areas), or works for carrying or containing sewage or waste;
(c) 
All intermittent or perennial, natural, or artificial bodies of water or watercourses;
(d) 
The approximate drainage pattern of the property;
(e) 
Other wells, including abandoned wells;
(f) 
Access road(s) to the well site;
(g) 
Structures.
(2) 
The location of the property with a vicinity map including the legal description of the property (assessor's parcel map/tract map number);
(3) 
The name and state license number of the general contractor (when applicable) and the C-57 license number of the person responsible for constructing the well;
(4) 
The proposed well depth, including casing size and zones of perforations and strata to be sealed off, if that data can be reasonably projected;
(5) 
The proposed use of the well;
(6) 
The location of underground storage tank(s) within 500 feet of the proposed well;
(7) 
Location and classification by visual inspection of any solid, liquid or hazardous waste disposal sites to include municipal and individual package sewage treatment plants within 2,000 feet of the proposed well;
(8) 
Where proposed work is reconstruction or destruction of a water well, monitoring well, or cathodic protection well, provide the following information, if available:
(a) 
Method of reconstruction or destruction of well;
(b) 
Total depth;
(c) 
Depth and type of casing used;
(d) 
Depth of perforation;
(e) 
Well log;
(f) 
Any other pertinent information.
(9) 
Other information as may be deemed necessary for the City Engineering Services to determine if the underground waters will be adequately protected.
(E) 
As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this subchapter.
[1961 Code, § 24.115; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Permits shall be issued after compliance with the standards provided and incorporated by reference in this subchapter.
(B) 
Plans shall be submitted to the City Engineering Services to be reasonably necessary to accomplish the purpose of this subchapter.
(C) 
Completion bonds, contractor's bonds, cash deposits, or other adequate security may be required to insure all projects are performed completely and properly to protect the public's health and safety and the integrity of underground water resources.
[1961 Code, § 24.116; Ord. 1041; Ord. 1103, 11-20-1991]
Where the City Engineering Services determines that the standards of this subchapter have not been met, it shall deny the application.
[1961 Code, § 24.117; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Each permit issued pursuant to this subchapter shall expire and become null and void if the work authorized thereby has not been completed within six months following the issuance of the permit.
(B) 
Any permit issued pursuant to this subchapter may be extended at the option of the City Engineering Services. Each individual extension granted by the City Engineering Services shall be for not longer than 120 days. In no event shall the City Engineering Services grant an extension which would make the total term of the permit exceed one year. Application for extension shall be made on a form provided by the City Engineering Services. The application shall be accompanied by a fee in the amount set forth in the city's fee schedule resolution.
(C) 
Upon expiration of any permit issued pursuant to this subchapter, no further work may be done in connection with construction, repair, reconstruction or abandonment of a well unless and until a new permit for that purpose is secured in accordance with the provisions of this subchapter.
[1961 Code, § 24.118; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
A permit issued hereunder may be revoked or suspended by the City Engineer as provided in this subchapter if he or she determines that a violation of this subchapter exists, that written notice has been directed to the permittee specifying the violation, and that the permittee has failed or neglected to make the necessary adjustments within 15 days after receiving notice.
(B) 
A permit may be revoked or suspended by the City Engineer if he or she determines at a hearing held for such purpose that the person to whom any permit was issued pursuant to this subchapter has obtained the same by fraud or misrepresentation.
[1961 Code, § 24.119; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Any person whose application for a permit has been denied or whose permit has been suspended or revoked may request a hearing.
(1) 
The person shall file with the City Engineer a written petition requesting the hearing and setting forth a brief statement of the grounds for the request.
(2) 
The Hearing Officer shall be the City Engineer or the City Engineer's designee. At the time and place set for the hearing, the Hearing Officer shall give the petitioner and other interested persons adequate opportunity to present any facts pertinent to the matter at hand.
(3) 
The Hearing Officer may, when he or she deems it necessary, continue any hearing by setting a new time and place and by giving notice to the petitioner of the action.
(B) 
At the close of the hearing, or within 30 working days thereafter, the Hearing Officer shall order disposition of the application or permit as he or she has determined to be proper, and shall, by postage prepaid, registered mail, notify the petitioner of the determination.
[1961 Code, § 24.120; Ord. 1041; Ord. 1103, 11-20-1991]
No persons shall engage in any activity listed in § 54.217 unless he or she is in compliance with the provisions of this subchapter and possesses a valid C-57 license in accordance with the California Contractor's State License Law (Cal. Bus. & Prof. Code, div. 3, ch. 9) or possesses a license appropriate to the activity to be engaged in. The person shall register annually with the City Engineer and pay the registration fee specified in the city's fee schedule resolution, prior to commencing any activity regulated by this subchapter.
[1961 Code, § 24.121; Ord. 1041; Ord. 1103, 11-20-1991]
Standards for the construction, reconstruction, abandonment or destruction of wells shall be the standards recommended in the bulletins of the California Department of Water Resources as follows: Bulletin No. 74-81 Chapter II Water Wells, and Bulletin No. 74-90 (Supplement to Bulletin 7481) as these bulletins may be amended by the state from time to time. The content of those bulletins is hereby incorporated by reference with the following additions or modifications:
Bulletin No. 74-90 Monitoring Well:
(A) 
Exploration holes for determining immediate geological or hydrological information relating to onsite sewage disposal systems, liquefaction studies, hazardous materials investigations, or geotechnical investigations for construction purposes, such as foundation studies, are exempt from the monitoring well destruction standards of Part 111, Bulletin 74-90, provided that a zone of low permeability overlying sediments with water bearing capabilities has not been penetrated. For the above-listed cases, the excavation or boring shall be backfilled with native soils immediately after the investigatory work has been completed. Where a zone of low permeability has been penetrated, the hole shall be abandoned as specified in Bulletin 74-90, Part 111. When the excavation or boring is to be left open and unattended (such as at the end of a work shift), the person in charge of the construction shall take all necessary precautions to ensure the excavation has not created a public health or safety hazard.
[1961 Code, § 24.121; Ord. 1041; Ord. 1103, 11-20-1991]
The location and design of lateral wells shall be in accordance with the standards recommended in the state Department of Health Services publication, “Requirements for Use of Lateral Wells in Domestic Water Systems” as such publication may be amended by the state from time to time. The content of that publication is hereby incorporated herein by reference.
[1961 Code, § 21,123; Ord. 1041; Ord. 1103, 11-20-1991]
A site inspection by the City Engineering Services is required prior to issuance of a permit for a well that is to be part of a public water system or other wells that possess a high potential for contamination as determined by the Director. In the event the well is to serve a system under the direct jurisdiction of the State Department of Health Services, that agency may perform the site inspection and notify the Director of its approval or disapproval.
[1961 Code, § 24.124; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
A well inspection shall be requested of the Fire Department at least two working days in advance of the following activities:
(1) 
For individual domestic wells, agricultural wells, cathodic protection wells, and monitoring wells:
(a) 
The filling of the annular space or conductor casing;
(b) 
Immediately after the installation of all surface equipment and (for individual domestic wells) after the well has been disinfected and purged;
(2) 
For community wells: All community water wells shall be inspected at the frequencies stated in division (A)(1) above for individual domestic water wells. In addition, a site inspection prior to issuance of a permit is required in accordance with § 54.226;
(3) 
For all wells, any other operation or condition for which a special inspection is stipulated on the well permit;
(4) 
For well destruction (all wells):
(a) 
During the actual sealing of the well;
(b) 
Immediately after all well destruction work has been completed.
(B) 
Upon failure to notify the Fire Department of the filling of the annular space, approved geophysical tests including sonic log and gamma ray log shall be conducted at the owner's expense, to substantiate that an annular seal has been properly installed.
(C) 
If the enforcement agency fails to appear at the well site at the time designated for sealing, the well may be sealed without the presence of the enforcement agency. However, the driller shall seal the well in accordance with the standards of this subchapter and the permit in the absence of any inspection.
[1961 Code, § 24.125; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Drilling fluids and other drilling materials used in connection with cathodic protection, monitoring or water well construction, shall not be allowed to discharge onto streets or into waterways, and shall not be allowed to discharge to the adjacent property unless a written agreement with the owner(s) of the adjacent property is obtained; provided, the fluids and materials shall be cleaned up and removed within 30 days after completion of the well drilling and there shall be no violation of waste discharge regulations.
(B) 
This section shall not operate to prohibit the surface discharge of contaminated groundwater provided such discharge is carried out in compliance with a lawful order of a regional water quality board.
[1961 Code, § 24.126; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
It is unlawful for any person or entity to drill, dig, excavate or bore any water well at any location where sources of pollution or contamination are known to exist or have existed, or otherwise substantial risk exists that water from that location may become contaminated or polluted even though the well may be properly constructed and maintained. Exceptions to the above include the following:
(1) 
Extraction wells used for the purpose of extracting and treating water from a contaminated aquifer;
(2) 
Wells from which water is to be treated to meet all State Department of Health standards and requirements;
(3) 
Wells from which water will be blended with other water sources resulting in water that meets all State Department of Health standards and requirements.
(B) 
Every well shall be located an adequate distance from all potential sources of contamination and pollution as follows:
Source
Minimum Distance
(in feet)
(1) Sewer
50
(2) Watertight septic tank
100
(3) Subsurface sewage leach line or leach field
100
(4) Cesspool or seepage pit
150
(5) Animal or fowl enclosures
200
(6) Any surface sewage disposal system discharging 2,000 gallons per day or more
200
(C) 
Minimum distances from other sources of pollution or contamination shall be as determined by the City Engineering Services upon investigation and analysis of the probable risks involved. Where particularly adverse or special hazards are involved as determined by the City Engineering Services, the foregoing distances may be increased or specially approved means of protection, particularly in the construction of the well, may be required as determined by the City Engineering Services.
[1961 Code, § 24.127; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Any person who has drilled, dug, excavated or bored a well subject to this subchapter shall, within 30 days after completion of the drilling, digging, excavation, or boring of the well, furnish the City Engineering Services with a complete log of the well on a standard form provided by the State Department of Water Resources.
(1) 
This log shall include depths of formations, character, size distribution, i.e., clay, sand, gravel, rocks and boulders, and color for all lithological units penetrated, the type of casing, pump test results when applicable, and any other data required by the department.
(2) 
The City Engineering Services may require inspection of the well log during any phase of the well's construction and, where necessary to achieve the purposes of this subchapter, may require modification of the work as originally phoned.
(B) 
Well logs furnished pursuant to this subchapter shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies; provided, any report shall be made available to any person who obtains written authorization from the owner of the well.
[1961 Code, § 24.128; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Check valve. A check valve shall be provided on the pump discharge line adjacent to the pump for all water wells.
(B) 
Sample spigot. An untreated sample spigot shall be provided on the pump discharge line of any water well used as a public water supply adjacent to the pump and on the distribution side of the check valve.
(C) 
Water well disinfection pipe. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other approved disinfecting agents may be introduced directly into the wells. The pipe shall be extended at least four inches above the finished grade and shall have a threaded or equivalently secured cap on it.
(D) 
Water well flow meter. A flow meter or other suitable measuring device shall be located at each source facility and shall accurately register the quantity of water delivered to the distribution system from all community water supply wells serving a public water supply system.
(E) 
Air-relief vent. An air-relief vent, when required, shall terminate downward, be screened and otherwise be protected from the entrance of contaminants.
(F) 
Backflow prevention assembly. Agricultural wells equipped with chemical feeder devices for fertilizers, pesticides or other nonpotable water treatment shall be furnished with an approved backflow prevention assembly or a sufficient air gap to insure that a cross-connection with the well does not exist.
[1961 Code, § 24.129; Ord. 1041; Ord. 1103, 11-20-1991]
Every new, repaired or reconstructed community water supply well or individual domestic well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well gravel used in packed wells, pipes, pump, pump column, and all well-water contact equipment surfaces, shall be disinfected by a City Engineering Services-approved method. The disinfectant shall remain in the well and upon all relevant surfaces for at least 24 hours. Disinfection procedures shall be repeated until microbiologically safe water is produced, as set forth in the California Code of Regulations, Title 22, “Domestic Water Quality Monitoring.”
[1961 Code, § 24.130; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Water from all new, repaired and reconstructed community water supply wells shall be tested for and meet the standards for microbiological, general mineral, general physical, chemical and radiological quality in accordance with the California Code of Regulations, Title 22, “Domestic Water Quality and Monitoring.”
(B) 
In addition to the microbiological standards required in § 54.232, all individual domestic water wells shall be tested for and meet the nitrate, fluoride and total dissolved solids (TDS) standards in accordance with the California Code of Regulations, Title 22, “Domestic Water Quality and Monitoring.”
(C) 
At the discretion of the City Engineer, for the purpose of protecting the health and safety of the public, any new, repaired or reconstructed individual domestic water well, or community well, shall be tested for and meet any or all additionally specified Water Quality Standards in accordance with the California Code of Regulations, Title 2, “Domestic Water Quality and Monitoring.” Exceptions would be community well water to be either treated or blended with other water sources to meet State Department of Health Services standards and requirements. The treatment or blending must be approved by the State Department of Health Services.
[1961 Code, § 24.131; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
Individual domestic water wells for which the owner requests a City Engineering Services evaluation of water quality, shall be tested for water quality standards for individual domestic water wells as provided for in § 54.232. The City Engineering Services shall perform a well-site inspection and conduct the microbiological sampling portion of the evaluation. Any additional testing, including any pump test to determine the yield quantity of the well, shall be performed by state-certified individuals at the expense of others.
(B) 
The City Engineering Services shall collect an evaluation service fee in accordance with the city's fee schedule resolution.
[1961 Code, § 24.132; Ord. 1041; Ord. 1103, 11-20-1991]
(A) 
If, after 30 days of abandonment, the owner has not declared to the City Engineering Services a proposed reuse of the well per § 54.238 and the well has been found by the City Engineering Services to be a hazard, whereby its continued existence is likely to cause damage to groundwater or a threat to public health and safety, the City Engineering Services shall direct the owner to destroy the well in accordance with § 54.224.
(B) 
Upon removal of the pump, the casing shall be provided with a threaded or equivalently secured watertight cap. The well shall be maintained so that it will not be a hazard to public health and safety until the time as it is properly destroyed.
[1961 Code, § 24.133; Ord. 1041; Ord. 1103, 11-20-1991]
Where an abandoned well has been identified and the owner fails to comply with the City Engineering Services order to destroy the well, the well may be declared a public nuisance pursuant to Cal. Gov't Code § 50231, and thereafter abated pursuant to Cal. Gov't Code tit. 5, div. 1, art. 9. Where abatement is undertaken at the expense of the city, that cost shall constitute a special assessment against the parcel and shall be added to the next regular tax bill as enumerated under Cal. Gov't Code §§ 50244 et seq.
[1961 Code, § 24.134; Ord. 1041; Ord. 1103, 11-20-1991]
Where a well is unused or its disuse is anticipated, the owner may apply to the City Engineering Services, in writing, stating an intention to use the well again for its original or other approved purpose. The City Engineering Services shall review such a declaration and may grant an exemption from certain of the provisions of § 54.235, provided no undue hazard to public health or safety is created by the continued existence of the well. Thereafter, an amended declaration shall be filed annually with the City Engineering Services. The original or subsequent exemption may be terminated for cause by the City Engineering Services at any time.
[1961 Code, § 24.135; Ord. 1041; Ord. 1103, 11-20-1991]
Subject to approval by the State Department of Health Services, the City Engineer may grant an administrative variance of the provisions of this subchapter where documentary evidence establishes that a modification of the standards as provided herein will not endanger the general public health and safety and strict compliance would be unreasonable in view of all the circumstances.