Chapter 10.20 — CONSTRUCTION AND DESTRUCTION OF

WELLS

Sections:

10.20.010 Purpose.

10.20.020 Definitions.

10.20.030 Well Standards Advisory Board.

10.20.040 Acts prohibited, permit required.

10.20.050 Permits.

10.20.060 Completion of the work.

10.20.070 Notice—Cancellation or denial of permit.

10.20.080 Notice—Public nuisance.

10.20.090 Imminent threat of endangerment to water supply.

10.20.100 Other processes for closing or removing abandoned wells.

10.20.110 (Repealed by 5909, 4/27/04)

10.20.120 Standards.

10.20.130 Penalty.

It is the purpose of this chapter to control the construction and reconstruction of wells to the end that the ground water of this City will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this City; that the obligation of the City to produce and distribute water for the present and future use, benefit and protection of the citizens and residents of the City will not be impaired; and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of the ground water or otherwise jeopardize the health, safety or welfare of the people of this City. (Ord. 3257 § 3 (part); January 29, 1974.)

As used in this chapter, the following words shall have the meanings provided in this section:

.010 Abandoned and Abandonment. These terms shall apply to a well which has not been used for a period of one year unless the owner declares in writing, to the General Manager of the Public Utilities Department, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the General Manager. All such declarations shall be renewed annually and at such time be resubmitted to the General Manager for approval. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the General Manager.

.020 Agricultural Well. A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

.030 Cathodic Protection Well. Any artificial excavation in excess of fifty 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 a cathodic protection well or a deep anode.

.040 Community Water Supply Well. A water well used to supply water for domestic purposes in systems subject to Section 4010 et seq. of the California Health and Safety Code (the California Pure Water Act).

.050 Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.

.060 Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard.

.070 Electrical Grounding Well. Any artificial excavation in excess of fifty feet constructed by any method for the purpose of establishing an electrical ground.

.080 General Manager. The General Manager of the Public Utilities Department of the City of Anaheim or his or her designee.

.090 Individual Domestic Well. A water well used to supply water for domestic needs of an individual residence or commercial establishment.

.100 Industrial Well. A water well used to supply an industry on an individual basis.

.110 Observation Well. A well used for monitoring or sampling the conditions of a waterbearing aquifer, such as water pressure, depth, movement or quality.

.120 Permit. A written permit issued by the General Manager permitting the construction, reconstruction or destruction of a well.

.130 Person. Any person, firm, corporation or governmental agency.

.140 Public Nuisance. This term, when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.

.150 Salt (Hydraulic) Barrier Well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

.160 Test or Exploratory Hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

.170 Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter as determined by the City Council. Wells shall not include (a) oil and gas wells, geothermal wells, or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (b) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (c) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the City Council. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5855 § 19; April 29, 2003.)

Reference is made to Ordinance No. 2607, especially Section 45.023 thereof, duly adopted by the Board of Supervisors of the County of Orange, California. This section establishes a Well Standards Advisory Board consisting of five members with certain qualifications, appointed by the County Board of Supervisors. The General Manager and City Council may be guided in their determinations by the suggestions and advice of the Well Standards Advisory Board in order to carry out the purpose of this chapter and to effectuate uniformity within the County of Orange, relative within the City of Anaheim as to the construction and destruction of wells. (Ord. 4017 § 2 (part); June 5, 1979.)

No person shall, within the incorporated area of the City of Anaheim, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit for that purpose by the General Manager provided in this chapter.

Nor shall any such person allow a well to remain abandoned, but shall destroy it pursuant to and in conformance with a written permit issued by the General Manager.

Nor shall any such person violate the terms of any order issued by the General Manager pursuant to this chapter. (Ord. 4017 § 2 (part); June 5, 1979.)

Applications for permits shall be made to the General Manager containing such information as he or she shall require. Each application shall be accompanied by a fee, which shall be established by the City Council on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty percent of the fee shall be returned to the applicant, should the permit be denied, or if the permit is canceled within sixty days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.

Permits may be issued subject to any condition or requirement found by the General Manager to be necessary to accomplish the purposes of this chapter. The applicant shall comply with all terms and conditions of the permit issued.

A permit may be canceled or the conditions amended by the General Manager, if he or she determines that to proceed with the work would result in a public nuisance, or that the permit holder has violated the terms of the permit or this chapter. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5855 § 20; April 29, 2003.)

The permittee shall notify the General Manager in writing upon completion of the work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the General Manager, and no permittee shall be deemed to have complied with this chapter or the permit until such inspection has been performed and all work thereon completed to the satisfaction of the General Manager. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5855 § 21; April 29, 2003.)

In the event a permit is denied or canceled, the applicant or permit holder shall be given written notice by the General Manager, which notice shall specify the reasons for his action, and shall notify the applicant or permit holder of his right to request a hearing before the City Council within ten days. (Ord. 4017 § 2 (part); June 5, 1979.)

Wells deemed to be public nuisances pursuant to this chapter, or as that term is defined in Chapter 6.44 of this Code, shall be abated in accordance with the procedures set forth in Chapter 6.44 of this Code. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5905 § 1; April 27, 2004.)

If the General Manager finds that immediate action is necessary to prevent an imminent threat of endangerment to, or contamination of, the ground water, or an imminent threat to the health or safety of the public, he or she may immediately take such action as is reasonably necessary to prevent or remove such imminent threat without giving prior notice thereof. Within twenty-four hours after initiating action to remove such imminent threat, the City Clerk shall give notice of a public hearing to abate such imminent threat as a public nuisance in conformance with the procedures set forth in Chapter 6.44 of this Code. For purposes of abating any public nuisance as described in this section, the term "Manager" as used in Chapter 6.44 shall mean either the Public Utilities General Manager or the Manager of the Code Enforcement Division of the City. The notice of such public hearing shall state the specific facts giving rise to the need to remove such imminent threat, the corrective measures taken or to be taken to correct or remove such imminent threat, notice that the costs incurred by the City to abate such public nuisance will be assessed against the property, and the time, date and place at which a hearing shall be held relating thereto, which date shall not be less than ten nor more than thirty days after the date such notice is mailed. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5855 § 22; April 29, 2003: Ord. 5905 § 2; April 27, 2004.)

As an alternative to the processes set forth in Chapter 6.44 (Nuisances) of this Code, the General Manager is hereby authorized to establish other processes for closing or removing abandoned wells, which are consistent with the purposes set forth in this Chapter 10.20, including programs to finance the removal, capping or destruction of abandoned wells in order to protect ground water from potential contamination. (Ord. 4017 § 2 (part); June 5, 1979: Ord. 5905 § 3; April 27, 2004.)

10.20.110 (Repealed by 5909, 4/27/04).

Standards for the construction, reconstruction or destruction of wells shall be the standards recommended in Chapter II of the State Department of Water Resources Bulletin No. 74, latest revision, and any other requirements specified by the City of Anaheim. Standards for the construction, reconstruction or destruction of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74 and any other requirements specified by the City of Anaheim. (Ord. 3257 § 3 (part); January 29, 1974: Ord. 4430 § 1; May 24, 1983: Ord. 5855 § 23; April 29, 2003.)

Any violation or failure to comply with any of the provisions of this chapter shall render a person guilty of a misdemeanor, and such person shall be punished in accordance with the provisions of Section 1.01.370 of the Anaheim Municipal Code. (Ord. 3257 § 3 (part); January 29, 1974.)