Atwater Municipal Code Ch. 13.16 Water and Cathodic Protection Wells

The City Council of the City of Atwater finds that all of the water used in the City is obtained from underground sources and that such waters are subject to impairment in quality and purity, causing detriment to the health, safety, and welfare of the people of the City. The purpose of this ordinance is to provide for the testing, construction, repair, reconstruction, abandonment, and destruction of water wells, monitor wells, test wells, agricultural wells, industrial wells, cathodic protection wells, and test/exploratory holes in such a manner that the groundwater of this City will not be contaminated or polluted and shall not jeopardize the health, safety, or welfare of the people of this City.

(Ord. CS 635, 1988)

"Abandoned Well." A well whose use has been permanently discontinued or which is in such a state of disrepair that no water can be produced. Such wells must be destroyed in accordance with the "Well Destruction" section of this ordinance. Monitor wells will not be considered abandoned as long as they are maintained for that purpose.

"Abatement." The construction, reconstruction, repair, or destruction of a well so as to eliminate a nuisance or potential hazard of a well polluting or contaminating the groundwater.

"Abatement Order." Both mandatory and prohibitory orders requiring or prohibiting the construction, reconstruction, repair, or destruction of a well so as to eliminate a nuisance or potential hazard of a well polluting or contaminating the groundwater resource.

"Agricultural Well." a water well used exclusively to supply water for irrigation, livestock, or other agricultural purposes, not for domestic use.

"Air Conditioning Well." A well used to return water to the ground that has been used in a closed system as a coolant in an air-conditioning process or a heating agent.

"Annular Seal." A watertight seal of cement grout or other approved material placed between the well casing and the side wall of the excavated hole.

"Bulletin 74-81." The Department of Water Resources Bulletin No. 74-81. "Water Well Standards: State of California" including all revisions and additions.

"Bulletin 74-1." The Department of Water Resources Bulletin No. 74-1. "Cathodic Protection Well Standards: State of California" including all revisions and additions.

"Cathodic Protection Well." any artificial excavation, construction 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.

"City." City of Atwater, California, and the elected governing officials.

"Contamination." An impairment in the quality of the waters of the City to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of waste, whether or not waters of the City are affected.

"Dairy Well." A water well used to supply water for a dairy farm where milk is produced. The water may also be used for domestic purposes.

"Destroyed Well." A well that has been destroyed in accordance with the "Well Destruction" section of this ordinance.

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

"Disposal Well." A well used for the disposal of unusable liquids.

"Domestic Well." A well furnishing potable water for human consumption with four or fewer services and serving fewer than 25 individuals.

"Dry/Drainage Well." A well constructed for the purpose of disposing of wastewater, hazardous material, or drainage water.

"Enforcement Officer." The Director of Public Works of the City of Atwater or his appointed representative.

"Horizontal Well." A well drilled horizontally or at an angle with the horizon (as contrasted with the common vertical well. This definition does not apply to horizontal drains or "wells" constructed to remove subsurface water from hillsides, cuts, or fills to prevent or correct conditions that produce landslides.

"Inactive/Standby Well." A well not routinely operated, but is well maintained and is capable of being made operable with a minimum of effort.

"Industrial Well." A water well used to supply water for an industrial plant or operation, or agricultural processing plant. The water may also be used for domestic purposes.

"Monitor Well." An artificial excavation by any method for the purpose of monitoring the fluctuations in groundwater levels, the quality of underground waters, the presence or concentration of contaminants in subsurface soil or water, and for the purpose of vapor monitoring.

"Nuisance." Any use or condition of property or portion thereof, including structures and wells located thereon, that threaten to impair the quality of the groundwater or otherwise jeopardizes the health or safety of the public.

"Out-of-Service Well." A well that has not been used for a period of less than one year and the owner has declared his intention to use the well. As evidence of his intentions, the owner shall submit within 30 days of taking the well out of service to the Enforcement Officer a signed "Notice of Intent" to place the well in service within one year. Furthermore, the owner shall maintain the well in such a way that:

A. The well has no defects that will allow the impairment of the quality of the water in the well or the aquifers penetrated.

B. If the pump has been removed, the well casing shall be covered with a durable, weatherproof, and watertight seal and shall be secured to prevent injury to people and to prevent entrance of surface contaminants into the well.

C. The well is marked and can be seen clearly.

D. The area surrounding the well is kept clear of brush and debris.

"Permit." A written permit issued by the Enforcement Officer permitting the construction, reconstruction, destruction, or abandonment of a well.

"Person." Any individual, firm, corporation, or governmental agency subject to the jurisdiction of the City of Atwater.

"Pollution." An alteration of the quality of water to a degree that unreasonably affects: (1) such waters for beneficial uses, or (2) facilities that serve such beneficial uses. Pollution may include contamination.

"Property Line." The line separating one parcel of property from another or separating public right-of-way from private properties.

"Public Well." A water well furnishing potable water for human consumption that has five or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

"Quality of Water." The chemical, physical, biological, radiological and other characteristics which affect its use.

"Recharge/Injection Well." A well constructed to introduce water into the ground as a means of replenishing ground water basins or repelling the intrusion of seawater.

"Sanitary Hazard." Inadequacies actual or potential that may permit the entrance of pollutants, contaminants, or pathogenic organisms into the water, thereby impairing the water quality or rendering it injurious to public health.

"Sanitary Seal." A grout, mastic, or mechanical device to make a watertight joint between the pump and casing or between the pump base and the concrete platform.

"Service Connection." A connection between the water main and an individual's piping system.

"Sewer." A pipe carrying waste matter from any structure or being part of any community sewage system.

"Source." All components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.

"Surface Seal." A monolithically poured concrete platform constructed around the top of the well casing on thoroughly compacted earth.

"Test/Exploratory Holes." An uncased artificial excavation by any method for the purpose of immediate determination of existing geologic and hydrologic conditions.

"Test Well." A well constructed for the purpose of obtaining the information needed to design a production well prior to its construction. Such wells are not to be confused with "test holes" or "exploration holes," which are temporary in nature. Test wells are cased and can be converted to observation or monitoring wells and, under certain circumstances, to production wells.

"Well/Water Well." As defined in Section 13710 of the Water Code, well or water well, "...means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground." This definition shall not include: (a) oil and gas wells or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or (b) wells used for the purpose of (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments, or (3) monitor wells.

"Well Construction." The creation of an artificial excavation by any method for the purpose of obtaining water, providing cathodic protection, or monitoring subsurface water, soil, or vapors. Construction shall include excavation, placement of the annular, surface and sanitary seals, and installation of the sample faucet as appropriate.

"Well Pit." An installation in which the top of the well casing terminates below the ground surface.

"Well Reconstruction." The deepening of a well or the re-perforation or replacement of the well casing.

(Ord. CS 635, 1988)

A. The well contractor shall apply for, and obtain, a permit from the Enforcement Officer prior to construction, reconstruction, deepening, or destruction of any well. For the purpose of this section, the term "well" shall include cathodic protection wells and monitoring wells.

B. The application for the permit shall be in the form prescribed by the Enforcement Officer. Every application shall be signed by the owner or the authorized representative of the owner. The application shall include, but is not limited to, the following:

1. Owner's name and address.

2. Whether the intended use of the well is for domestic purposes only, observation, monitoring, or for any purpose in addition to domestic use.

3. Location of well by reference to street address, parcel or lot number, nearest streets or crossroads or other significant features and by reference to Section, Township, and Range. The quarter of the quarter section to contain the well shall also be identified. An example would be the SW/4 of the NE/4 of Section 24, T27S, R24E.

4. Dimensioned plot plan indicating north direction, distances, and locations of existing and proposed structures, sewers or sewage disposal systems, other wells, and any other potential source of contamination or degradation on the property or adjacent properties within 150 feet of the well or proposed well.

5. Well drilling contractor's name, address, and contractor's license number.

6. Nature of the work to be done, whether construction, reconstruction, destruction, or other work, and, in the case of construction or reconstruction, the method to be used, whether cable tool, rotary, reverse flow, or other method.

7. Estimated depth of well when completed.

8. Diameter, thickness, and type of casing.

9. Significant features of well (e.g., conductor casing, gravel pack, sealing, or perforation locations), if known or proposed.

A permit may be denied for failure to supply any information required by or requested pursuant to this section which is known to, or by the exercise of reasonable diligence can be acquired by, the applicant.

Every permit issued shall be contingent upon compliance with the requirements specified in this ordinance.

C. The Enforcement Officer shall issue the permit when he/she finds that the location of the well or proposed well and other circumstances relating thereto, or other work to be completed, is such that the work or final product will not constitute a health hazard and can be completed in accordance with this ordinance. In the event that the Enforcement Officer determines that the proposed water well or work to be completed will constitute a health hazard or cannot be completed in accordance with this ordinance, then the Enforcement Officer shall deny the permit.

D. When the well contractor makes an application for a permit, he shall have on file or file a copy of a valid C-57 license and a certificate of insurance that states that there is in existence a valid policy of worker's compensation insurance in the form approved by the Insurance Commissioner. Said certificate shall show the following:

1. The expiration date.

2. Coverage is provided for construction permits in accordance with Labor Code Section 3800.

3. The insurer shall give the City at least ten days notice of the cancellation of the policy. No permit shall be issued without the above insurance information.

E. It shall be the responsibility of the well contractor to post the permit at the work site prior to commencement of construction. Any well contractor who fails to comply with this requirement and constructs a water well for which a permit has not been secured, and without 24 hours notification prior to commencing drilling (as reflected in Section 13.16.100 herein), shall be in violation of this chapter.

F. A permit shall be required for the construction of a test well. If subsequent test wells are constructed at the same location within a period of 30 days, separate fees will not be charged for each permit unless more than one completed water well is constructed. All abandoned test wells shall be destroyed in accordance with the methods prescribed in Section 13.16.120 of this chapter.

G. An application for a water well permit may be submitted to the City of Atwater Public Works Department by mail, but construction of the proposed well shall not be commenced until the permit application has been approved by the Enforcement Officer and the contractor is in receipt of the approved permit.

H. An application for a water well permit shall be accompanied by a nonrefundable permit fee.

I. A water well permit shall be valid for a period of six months from the date of issuance.

J. No water Well for furnishing potable water for human consumption shall be constructed on any parcel of property within the City of Atwater if City water service facilities exist within 300 feet of the parcel of property. An exemption may be granted if the water demand of the parcel of property is greater than the service facilities can provide or some other unique situation should prevail.

(Ord. CS 635, 1988)

A fee schedule shall be established by the City council of the City of Atwater. The fee shall cover the administrative costs of issuing the permit and performing installation inspections. Fees shall be charged for the following:

A. New well permit.

1. All wells furnishing potable water for human consumption.

2. Agricultural, scenic lake construction, drainage, cathodic protection, industrial, and air conditioning wells.

3. Monitoring wells, test wells, and test/exploratory holes.

B. Reconstruction or deepening of any existing well.

C. Abandonment and destruction of any existing well.

(Ord. CS 635, 1988)

A. Any person whose application for a permit or for an approval has been revoked, denied, modified, or had additional standards imposed may, within 30 days after the date of such denial or revocation, appeal therefrom in writing to the City Council. The council shall set a date for hearing said appeal, and the Enforcement Officer and the appellant shall be notified. This section does not authorize appeals to the Council from any action of the Enforcement Officer authorized or required by State law, regulation, or this ordinance.

B. At the hearing of an appeal to the City council, any interested party may present oral or written evidence. Following the hearing, the Council shall render a decision upon the appeal and may sustain, modify, or reverse any action of the Enforcement Officer. The decision of the Council shall be final.

C. If an application for construction or reconstruction of a well has not been granted or denied within ten business days of the filing of the application with the Enforcement Officer, the Enforcement Officer shall mail to the applicant, before the close of such day, a written report of the status of the application. If, during such time period, the Enforcement Officer has not requested from the applicant additional information relevant to the processing of the application, applicant shall be entitled to appeal such delay in processing the permit to the City council in the manner provided in this section.

(Ord. CS 635, 1988)

The person responsible for the construction, alteration, destruction, abandonment of a water well, cathodic protection well, test well, test/exploratory hole, or monitoring well shall possess a C-57 Water Well Contractor 92s License issued in accordance with the provision of the Contractors License Law of the State of California. A copy of the current and valid C-57 license shall be submitted to the Enforcement Officer prior to undertaking any well construction, reconstruction, alteration, destruction, or abandonment.

(Ord. CS 635, 1988)

A. Except as may be otherwise specified in this chapter, the standards for the construction, repair, reconstruction, abandonment, or destruction of wells published in the Department of Water Resources Bulletin 74-81, "Water Well Standards," State of California, and Bulletin 74-1, "Cathodic Protection Well Standards," or as may be subsequently revised or supplemented, are hereby incorporated in and made an applicable section of this ordinance.

B. Prohibited Construction

1. No water well for furnishing potable water for human consumption shall be constructed within the City, except as specified in Section 13.16.030, Part J of this ordinance.

2. The construction of dry/drainage wells, disposal wells, recharge/injection wells, and air conditioning wells as defined in this chapter is prohibited. The Enforcement Officer may make exceptions to this prohibition if it can be shown that: a) the quality of the water being introduced into the well will not have a negative impact on the groundwater, b) the well's construction will not permit the intermixing of aquifers or provide a conduit for the vertical movement of known or potential contaminants.

3. The construction of well pits is prohibited.

C. Well Construction

1. Well Location. All wells shall be so constructed as to prevent the entrance of surface water and contaminates groundwater into the well or into the producing aquifer and shall be separated a safe distance from potential sources of contamination and pollution. The following minimum horizontal distances shall be maintained for all wells furnishing potable water for human consumption:

* An exception may be authorized when an existing agricultural well meets or exceeds the sanitary, surface, and annular seal requirements specified for the proposed water well.

If possible, the well shall be located up gradient of potential sources of contamination. The Enforcement Officer may authorize an exception to these requirements in specific instances.

2. Property Line and Building Setback.

a) All wells shall be located with a minimum setback of 15 feet from the property line. The Enforcement Officer may authorize an exception to this requirement where space restrictions on existing small lots necessitate, but in no case shall the minimum setback of the well from the property line be less than five feet.

b) A well located near a building shall be far enough from the building to be accessible for repair and maintenance.

3. Well Casing and Casing Perforations.

a) The requirements for casing materials and installation shall be as outlined in Chapter II Part II, Section 12 of Bulletin 74-81.

b) All wells supplying potable water for human consumption shall be constructed with a 50-foot minimum, continuous, unperforated casing and an annular seal as described in subsection 5a, herein, from the ground surface to a depth of 50 feet, except in areas where the only potable water is at a depth of less than 50 feet. In such instances, the depth to the first perforations in the well may be reduced to less than 50 feet below ground surface if prior approval is granted by the Enforcement Officer. In no case shall the depth of the annular seal or the depth of the first perforations be reduced to less than 20 feet below ground surface.

c) All wells penetrating the Corcoran clay shall be constructed in a manner so as to prevent the intermixing of waters above and below the Corcoran clay layer. There shall be no perforations above and below the Corcoran clay layers in the same casing.

4. Gravel Packing. In gravel-packed wells that furnish potable water for human consumption, the gravel packing shall not extend above 50 feet below ground surface except in areas where the only potable water is at a depth of less than 50 feet. In such instances, the gravel packing shall not extend more than five feet above the first perforations.

Gravel-packed wells with a conductor casing shall be exempted from this requirement provided that the annular space between the conductor pipe and the wall of the drilled hole is filled with sealing material fulfilling the specifications and depth requirements of part 5.a of this section.

5. Well Seals. All wells shall have a sanitary seal, surface seal, and an annular seal. An access opening in the well cap, well casing, or pump base for the purpose of disinfecting the well or measuring the water level shall be protected with a threaded, watertight plug or cap. Wells requiring air vents shall be installed in an approved manner.

a) Annular Seal. On all wells, the annular space between the casing and the wall of the hole shall be effectively sealed with cement grout or other approved sealant material to protect against contamination or pollution by surface or shallow subsurface waters. The annular seal shall begin no more than 20 feet above the most shallow perforation. The following minimum annular seal depths shall be required:

* The Enforcement Officer may change the required depth of the annular seal when adverse or special conditions warrant.

b) Sealing Conditions. The requirements for sealing a well shall be as specified in Section 9B, Part II, Chapter II of Bulletin 74-81. Wells constructed by the cable tool method of drilling are exempt from the annular seal requirements specified in Part 5.a of this section provided:

1. A slurry of bentonite clay is maintained around and in contact with the casing at all times during construction.

2. The well casing is without perforations.

3. The casing shoe or collar is landed in an impermeable clay interval.

4. If a conductor casing is used, the space between the well casing and the conductor casing is effectively sealed with a watertight welded cover or filled with approved sealant material.

In gravel-packed wells, the width of the annular space between the well of the drilled hole and the well casing or conductor casing, where applicable, shall be at least two inches. If gravel fill pipes are installed through the seal, the annular seal shall be of sufficient thickness to assure that there is a minimum of two inches between the gravel fill pipe and the wall of the drilled hole. If a temporary conductor casing is used, it shall be removed as the sealing material is placed.

c) Sealing Material. The sealing material shall consist of neat cement grout, sand-cement grout, concrete, or bentonite clay and shall conform to the specification given in Section 9D, Part II, Chapter II of Bulletin 74-81. Sealing material shall be used and applied in accordance with manufacturer's recommendations.

d) Thickness of Seal. The thickness of the seal shall be not less than two inches, except as indicated in Part 5.b of this Section, and not less than three times the size of the largest coarse aggregate used in the sealing material, except where equivalent protection is provided in a manner approved by the Enforcement Officer.

e) Placement of Seal. The requirements for placement of the annular seal shall be as specified in Section 9F, Part II, Chapter II of Bulletin 74-81.

f) Sealing Off Strata. In areas where a well penetrates more than one aquifer, and one or more of the aquifers contain water that, if allowed to mix in sufficient quantity will result in a significant deterioration of the quality of water in the other aquifer(s) or the quality of water produced, the strata producing such poor-quality water shall be sealed off to prevent entrance of the water into the well or its migration to other aquifer(s). The sealing off of strata should be accomplished as specified in Section 13, Part II, Chapter II of Bulletin 74-81.

g) Surface Seal.

1. A concrete surface seal or slab shall be constructed on the ground surface around the top of the well casing and shall be free from cracks or other defects likely to detract from its water tightness. The slab shall be monolithically poured on thoroughly compacted native earth and shall be a minimum thickness of six inches, extending four inches above and two inches below surrounding ground level and shall be extended at least two feet in all directions from the well casing. The surface of the concrete slab shall be smooth troweled and shall be graded away from the well casing in all directions for a distance of at least one foot from the casing, with sufficient fall to drain water away from the casing.

2. The concrete slab shall be poured in contact with the sealant material in the annular space.

3. The top of the well casing shall extend a minimum of six inches above the concrete surface slab. For public water wells, the casing shall extend to a point above grade so as not to be inundated by a 100-year flood.

h) Sanitary Seal. A sanitary seal shall form a durable, weatherproof and watertight seal on top of the well, between the pump base and the concrete slab, or between the pump base and the top of the well casing. Sanitary seals that are manufactured and sold specifically for this purpose are required. "Home made" sanitary seals are not permitted unless plans for its construction, signed by an engineer, are submitted and approved by the Enforcement Officer. When a pump is offset or submerged, any pipes or electrical cables which enter the well shall do so above ground and from the top of the casing and shall be completely surrounded by the sanitary seal so as to be water tight. Ropes for holding pipes or the submersible pump must be installed completely inside of the casing. Objects and materials that are not necessary for the operation of the well shall not enter the casing. Holes shall not be made in the casing. This requirement shall not restrict the proper installation of perforated casing below the annular seal or the proper installation of tubes for chlorination or sounding of the well. All proposed construction that varies from the requirements of this section must be approved by the Enforcement Officer.

6. Surface Construction Features. Openings into the top of the well that are designed to provide access to the well, i.e., for measuring, chlorinating, adding gravel, etc., shall be protected against entrance of surface waters or foreign matter by installation of watertight caps or plugs. Access openings designed to permit the entrance or egress of air or gas (air or casing vents) shall terminate above the ground and above known flood levels and shall be protected against the entrance of foreign material by installation of down turned and screened "U" bends. All other openings (holes, crevices, cracks, etc.) Shall be sealed.

A "sounding tube" or similar access for the introduction of water level measuring devices shall be affixed to the casing of all wells. For wells fitted with a "well cap," the cap shall have a removable plug for this purpose.

a) Where the pump is installed directly over the casing, a watertight seal (gasket) shall be placed between the pump head and the pump base (slab), or a watertight seal (gasket) shall be placed between the pump base and the rim of the casing, or a "well cap" shall be installed to close the annular opening between the casing and the pump column pipe.

b) Where the pump is offset from the well or where a submersible pump is used, the opening between the well casing and any pipes or cables that enter the well shall be closed by a watertight seal or "well cap."

c) If the pump is not installed immediately or if there is a prolonged interruption in construction of the well, a watertight cover shall be installed at the top of the casing.

d) A watertight seal or gasket shall be placed between the pump discharge head and the discharge line.

e) Both domestic wells and public wells shall be equipped with facilities to permit the collection of water samples as specified in Section 13.60.090a.

f) All public wells shall be equipped with a meter on the discharge pipe.

All other surface features, such as pump blow-offs and air vents, shall be constructed as specified in Section 10D and E of Chapter II, Part II of Bulletin 74-81.

7. Well Development. Well development shall be completed as specified in Section 14 of Chapter 11, Part II of Bulletin 74-81. Well development with the use of chemicals or explosive shall only be completed by personnel specially trained to handle them and shall be used only after obtaining approval of the Enforcement Officer.

8. Backflow Prevention. All pumping equipment shall be installed with protective devices to effectively prevent the entrance of foreign matter from back siphonage into the well casing. A properly designed air gap may be considered an acceptable protective device for agricultural deliveries. Chemigation practices involving agricultural wells shall require the installation of a reduced pressure principal backflow prevention device installed upstream of the chemical injection point. No person shall install any equipment or mechanism, chemical, or substance if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device.

D. Disinfection and Other Sanitary Requirements.

1. Disinfection;. All wells and associated equipment furnishing or in contact with potable water for domestic purposes shall be disinfected after the construction, installation, or repair of the well, pump, or storage equipment and prior to its use or return to operation. The minimum concentration of the disinfectant solution shall be equivalent to at least 100 parts per million (ppm) of available chlorine with a minimum contact time of 12 hours. After 12 hours, the well shall be water pumped until no chlorine residual is detectable, and the well shall then be sampled for bacteriological quality. If the water produced from the well contains coliform bacteria or a significant amount of bacterial growth, further disinfection and an investigation into the problem shall be undertaken.

2. Gravel. Gravel used in gravel-packed wells shall come from clean sources and shall be thoroughly washed before being placed in the well. Gravel purchased from a supplier shall be washed at the pit or plant prior to delivery to the well site. During placement of the gravel in the annular space, disinfectants (usually calcium hypochlorite in tablet or granular form) shall be added to the gravel at a uniform rate (two tablets per cubic foot or one pound of the granular form per cubic yard.)

3. Lubricants. Mud and water used as a drilling lubricant shall be free from sewage and other types of contamination. Oil and water used for lubrication of the pump and pump bearings shall also be free from contamination.

E. Building Code Compliance. All electrical, pumping, and appurtenant structural work relating to the water well installation or repair shall be performed in conformity with all applicable building code requirements of the City of Atwater.

F. Temporary Cover.

1. Whenever there is an interruption in work on the well (i.e., overnight shutdown during inclement weather or waiting periods required for the setting up of sealing materials, testing, or the installation of the pump), the well opening shall be closed with a cover to prevent the introduction of undesirable material into the well and to protect the public safety.

2. During interruptions of one week or more, a semipermanent cover shall be installed. For wells cased with steel, a steel cover tack welded to the top of the casing is permitted.

G. Special Provisions for Large-Diameter Shallow Wells. Large-diameter wells shall be constructed as specified in Section 16, Part II, Chapter II of Bulletin 74-81.

H. Special Provisions for Driven Wells. If a driven well is to be used as a domestic well, the well shall be constructed as specified in Section 17, Part II, Chapter II of Bulletin 7481.

(Ord. CS 635, 1988)

A. The Enforcement Officer may conduct an inspection of any well at any time to ensure compliance with the requirements of this ordinance. The Enforcement Officer may inspect a well site any time prior to or during construction, reconstruction, or destruction of a well. The Enforcement Officer may prescribe mandatory inspections of certain well construction projects as he deems necessary. The stage at which each mandatory inspection is required shall be set forth in the permit.

It shall be unlawful for any person to continue to work on a project past the stage at which an inspection has been prescribed pursuant to this section until such inspection by the Enforcement Officer has been completed or waived. The permittee or one acting on his behalf shall make an inspection appointment with the Enforcement Officer at least 24 hours prior to the estimated inspection time. However, the failure of the Enforcement Officer to make an inspection shall not be deemed an approval of any work completed, nor shall it be deemed a waiver of any future inspections, or of any of the enforcement provisions of this ordinance.

B. After the work has been completed, the Enforcement Officer shall be notified by the well contractor so that final inspection of the completed work can be performed.

C. The Enforcement Officer may request receipts and/or affidavits to be submitted when certain inspections are waived.

D. No water from a new, deepened, or reconstructed well shall be used for human consumption until the final inspection is performed and the well and water quality are approved by the Enforcement Officer.

E. Whenever the construction, deepening, reconstruction, or destruction of any well is being carried out contrary to the requirements of this ordinance, the Enforcement Officer shall order work to stop by posting a notice to desist at the well site. It shall be unlawful to do further work until the Enforcement Officer determines that the necessary corrections have been made. It shall be unlawful to perform any work for which a permit has been granted pursuant to this chapter without complying with the conditions of such permit.

(Ord. CS 635, 1988)

A. A sampling faucet shall be installed on all new domestic, public, and dairy wells. The sampling faucet shall be unthreaded and located as follows:

1. The sampling faucet shall be accessible.

2. The sampling faucet shall be on the discharge line between the pump and the pressure tank in such a manner that a water sample may be collected when the pump is not in operation.

3. The sampling faucet shall be located so as to prevent back siphonage to the well when the pump is not operating.

4. The sampling faucet shall be a minimum of 18 inches above the surrounding grade.

5. The opening of the faucet shall be facing downward.

B. The water from all new, reconstructed, and deepened wells that will be used for human consumption and from industrial wells that provide water for use in food processing shall be sampled immediately following development and disinfection.

1. Testing shall include both bacteriological and chemical analysis, and the rules and regulations governing the constituents to be tested, type of testing, etc., for the previous wells are as set forth in the California Administrative Code. The water analysis shall be performed by a laboratory certified by the California Department of Health Services. The cost of the water analysis shall be the responsibility of the owner.

2. A copy of the results shall be provided for the Enforcement Officer. The results shall indicate that the water complies with the California State Department of Health Services Drinking Water Standards. If the results do not indicate compliance, treatment facilities to remove the water constituent that is not in compliance must be installed. Upon receiving evidence that the well water is in compliance, the Enforcement Officer shall give final approval of the well.

3. Water from wells that will not be used for human consumption shall be sampled and analyzed for those constituents deemed necessary by the Enforcement Officer as based upon the intended uses of the water.

(Ord. CS 635, 1988)

A. Definition of an Abandoned Well: The owner shall continuously maintain, in accordance with the provisions of this ordinance, any well that is in or out of service so as to be safe and to prevent pollution of any penetrated aquifer. A well shall be declared "abandoned" when a well does not meet the requirements for an "out-of-service well" as outlined in Section 13.16.020 of this code.

If the pump has been removed for repair or replacement, the well shall not be declared abandoned, provided that evidence of repair can be shown. During the repair period, the well shall be adequately covered to prevent injury to people and to prevent entrance of surface contaminants into the well.

Monitor or test wells used in the investigation or management of groundwater are not considered abandoned as long as they are maintained for this purpose. However, such wells shall be covered with an appropriate cap bearing the label "Monitor Well" and the name of the owner. When these wells are no longer used for this purpose, they shall be considered abandoned.

B. Requirements for Destroying Wells: Every abandoned well shall be considered the property owner's responsibility and shall be destroyed in accordance with this section. The objective of destruction is to restore as nearly as possible these subsurface conditions that existed before the well was constructed. The requirements for destroying all wells shall be as required in Section 23, Part III, Chapter II of Bulletin 74-81 and as follows:

1. The soil around the casing must be excavated to a minimum depth of sex (6) feet and the casing removed from that point upward. (Refer to City Standard Drawing W12.)

2. When a completed water well driller's report is available and, if reported subsurface conditions make it practical, the well may be destroyed by alternating clean native fill or sand with the sealing material inside the casing so as to seal each nonclay strata ten feet above and ten feet below its reported depth. (The Enforcement Officer may change the destruction requirements when adverse or special conditions warrant.)

3. When no water well driller's report is available, the well casing shall be filled entirely with the sealing material.

4. In all cases, the uppermost 20 feet of casing shall be filled with the sealing material. The sealing material shall be allowed to flow over the top of the well casing to form a cap. (Refer to City Standard Drawing W-12.)

5. Borings made for the purpose of obtaining a single sail sample shall be destroyed in accordance with this chapter if any of the following apply:

a. Groundwater is encountered.

b. A clay layer is penetrated.

c. The boring exceeds 20 feet.

d. The presence of a contaminant is confirmed or suspected.

6. The sealing material and its installation shall conform with the requirements for annular seals listed in this chapter.

(Ord. CS 635, 1988)

The Enforcement Officer may authorize an exception to any provision of these standards when, in his judgment, the application of such provisions is unnecessary, or he may impose additional requirements if necessary to protect the quality of the underground water resource. Specific conditions or exceptions will be prescribed on the permit.

Except when a valid, verifiable emergency exists, the sanitary surface and annular seals on a well furnishing water for human consumption shall be installed prior to placing the well into service.

(Ord. CS 635, 1988)

If a new water well, for which a valid permit was obtained, should require abandonment and replacement within a period of 180 days after installation, an additional permit and fee shall not be required. In the event of such an occurrence, the property owner shall comply with the following provisions:

A. The Enforcement Office shall be notified before work on the replacement well is started, and an inspection shall be made during the course of construction.

B. The abandoned well shall be properly destroyed in accordance with the methods and requirements prescribed in this.

(Ord. CS 635, 1988)

If a new well must be constructed as a result of the failure of an existing well, mandatory destruction of the existing well will be a condition for issuance of a permit for the new construction. Well failure may be determined by, but is not limited to, the following criteria:

A. When the groundwater drops to a level below the useful depth of the well.

B. When the well yields sand or silt in quantities so as to make it unusable for domestic or agricultural purposes.

C. When contamination is present.

D. When the well is inside of the established minimum setback requirements from potential sources of contamination.

E. When established setback requirements do not exist and when, in the judgment of the Enforcement Officer, degradation of the groundwater is likely to occur or continue as a result of failure to destroy the well, the Enforcement Officer may order its destruction.

The existing well shall be properly destroyed in accordance with the methods and requirements of this code.

(Ord. CS 635, 188)

A contractor who has constructed, deepened, or reconstructed a water well shall, within 30 days after completion of the work, furnish the Enforcement Officer with an official copy of the "Water Well Driller's Report" (State of California, Department of Water Resources, form No. DWR-188). The report shall include the following:

A. Soil/lithologic log, and E log, if one was obtained.

B. Information concerning the type of casing.

C. Depth of excavation.

D. Number and location of perforations.

E. Location, depth, and type of materials used in sealing off strata.

F. Any other information required by the Department of Water Resources and the Enforcement Officer.

Confidentiality of reports will be strictly enforced according to the California Water Code, Section 13752.

(Ord. CS 635, 188)

The Enforcement Officer is authorized to enforce this chapter and may perform all acts necessary or proper to accomplish the purposes of this chapter and is authorized to adopt and enforce such guidelines as is necessary to enforce the provisions of this chapter.

A. Declaration of Nuisance. All wells, cathodic protection wells, monitor wells, test wells, and test/exploratory holes constructed, reconstructed, deepened, destroyed, or placed out of service after the effective date of this , not in accordance with the terms of this are hereby declared public nuisances that may be abated in accordance with the provisions of this code. Any existing wells, cathodic protection wells, monitor wells, test wells, and test/exploratory holes the Enforcement Officer declares a public health or contamination hazard may be declared a nuisance.

B. Abatement Order. Whenever the Enforcement Officer determines that a nuisance exists, he may issue to the landowner a written order to abate such a nuisance. The order shall state the conditions productive of the nuisance and the time determined by the Enforcement Officer to be reasonable to accomplish such abatement, but not less than two weeks. It shall also state that unless the nuisance is abated or a notice of appeal filed with the City Clerk, City council, the Enforcement Officer will abate the nuisance and the cost of such abatement may be added to the tax roll as a special assessment against the property.

The order of abatement shall be mailed to the owner or owners of the premises as their names and addresses appear upon the last equalized City assessment roll, or either personally serving the order upon an adult person occupying the premises, or if such person cannot be served, by posting such order of abatement in a conspicuous place on the premises. In the event that a nuisance is not abated in accordance with the order of abatement, the Enforcement Officer may proceed to abate the nuisance.

If an appeal is filed and hearing held, then at the conclusion of the hearing, if the City Council determines that a public nuisance exists, it shall thereupon order the nuisance abated no later than 30 days following the mailing by the City Clerk of notice of the Council's decision. The Council shall determine whether the nuisance is to be abated by correction or destruction. Such notice shall be sent by regular mail to the person requesting the hearing at the address set forth in such request and to any other person who files a request therefor with the City Clerk.

If a nuisance is not corrected or a hearing sought within the time specified in this section, or, if after a hearing, a nuisance is not abated, the Enforcement Officer may proceed to abate the nuisance by force account contract.

C. Accounting. The Enforcement Officer shall file with the City Council a report specifying the work performed, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the owners as their names appear in the latest equalized City assessment roll.

A hearing before the City Council shall be held on the report described previously, at which time any protests or objections thereto will be heard. The City Clerk shall mail notice of the hearing to the owner or owners of record at least ten days prior to the hearing. The Council shall determine at the hearing the correct charge to be made for the work. The owner or owners of record shall be given notice by mail of the determination of the City Council, which notice shall inform the owner or owners that the costs may become a lien against the property as provided herein. If such costs are not paid within 30 days of mailing of the notice of determination by the Council, the costs shall be automatically assessed upon the property involved as a special assessment and shall be a lien on his property for the amount thereof from the time of the mailing of the notice of determination.

(Ord. CS 635, 1988)

Violation of any section of this is a misdemeanor and is punishable by a fine of not less than $100.00 nor more than $500.00 or by punishment of both a fine and imprisonment in jail not to exceed six months.

(Ord. CS 635, 1988)

This ordinance shall take effect and be in force 30 days after the date of its passage, and the City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in the Atwater Signal within 15 days from the adoption thereof.

(Ord. CS 635, 1988)