Chapter 13.12 — WELL CONSTRUCTION AND ABANDONMENT

WELL CONSTRUCTION AND ABANDONMENT

It is the purpose of this chapter to control the construction and reconstruction of wells to the end that the ground water of the 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; 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 groundwater or otherwise jeopardize the health, safety or welfare of the people of this city. (1961 Code, § 24A.1; Ord. 506)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Abandoned, abandonment." A well which has not been used for a period of one (1) year, unless the owner declares in writing, to the City Engineer, his or her intention to use the well again for supplying water or other associated purposes, such as an observation well or injection well, and receives approval of such declaration from the City Engineer. All such declarations shall be renewed annually and at such time be resubmitted to the City Engineer for approval. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the City Engineer.

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

"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 a cathodic protection well or a deep anode.

"City engineer." The City Engineer of the city of Brea or his or her designee.

"Community water supply well." A water well used to supply water for domestic purposes in systems subject to Cal. Health & Safety Code, Chapter 7 of Part 1 of Division 5.

"Construct, reconstruct." To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.

"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.

"Electrical grounding well." Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.

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

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

"Observation well." A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

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

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

"Public nuisance." 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.

"Salt water (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.

"Test or explanatory hole." An excavation used for determining the nature of underground geological or hydrological collections, whether by seismic investigation, direct observation or any other means.

"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 Engineer. "Wells" shall not include: 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; wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the City Engineer. (1961 Code, § 24A.2; Ord. 506)

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

• B. Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the City Engineer.

• C. Nor shall any such person violate the terms of any order issued by the City Engineer, issued pursuant to this chapter.

• D. Applications for permits shall be made to the City Engineer containing such information as he or she shall require.

• E. 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 (50%) of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one (1) year from date of issuance.

• F. Permits may be issued subject to any condition or requirement found by the City Engineer to be necessary to accomplish the purposes of this chapter.

• G. A permit may be cancelled or the conditions amended by the City Engineer if he or she determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter.

• (1961 Code, §§ 24A.3 and 24A.4; Ord. 506)

The permittee shall notify the City Engineer 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 City Engineer and no permittee shall be deemed to have complied with this chapter or his or her permit until such inspection has been performed. (1961 Code, § 24A.5; Ord. 506)

In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the City Engineer, which notice shall specify the reasons for his or her action and shall notify the applicant or permit holder of his or her right to request a hearing before the City Engineer within ten (10) days.

(1961 Code, § 24A.6; Ord. 506)

• A. In the event the City Engineer determines that a well constitutes a public nuisance, he or she shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance, the corrective measures deemed necessary and time, date and place at which a hearing shall be held by the City Council relating thereto, which date shall be not less than ten (10) nor more than thirty (30) days after the date such notice is mailed.

• B. If the City Engineer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he or she may abate the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the City Engineer shall give notice of a hearing before the City Council in the manner prescribed in paragraph A. above.

(1961 Code, §§ 24A.7 and 24A.8; Ord. 506)

• A. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the Council finds that a public nuisance exists, it shall direct the City Engineer to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the Council.

• B. If the Council finds that a permit was improperly denied or cancelled, it shall order the City Engineer to issue or reinstate such permit.

(1961 Code, § 24A.9; Ord. 506)

The city shall have the right to recover its costs expended in abating a nuisance pursuant to this chapter by way of civil action against the owner and person in possession or control of the well in question, jointly or severally. (1961 Code, § 24A.10; Ord. 506)

Standards for the construction, reconstruction, destruction or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and Appendices E, F and G, and future amendments thereto. Until such time as standards for cathodic protection wells and electrical grounding wells are recommended by the State Department of Water Resources, such wells shall conform to the “Tentative Deep Anode Standards,” Sheets A-497-S-1 and A-497-S-2 revised December 10, 1969, of the Southern California Cathodic Protection Committee. Well standards may be modified by the City Engineer, with the concurrence of the City Council, where required to cope with local geological and ground water conditions.

(1961 Code, § 24A.11; Ord. 506)