Buena Park Municipal Code Ch. 13.20 Water Wells

It is the purpose of this chapter to control the construction and reconstruction of wells so that the groundwater 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 so that such wells will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of this city.

(Prior code § 33-34)

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

"Abandoned" and "abandonment"

mean and apply to a well which has not been used for a period of one 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 purpose, 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 hours after construction work has been completed, unless otherwise approved by the city engineer.

"Agricultural well"

means a water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

"Cathodic protection well"

means 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.

"City engineer"

means the city engineer of the city of Buena Park or his or her designees.

"Community water supply well"

means a water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code.

"Construct" or "reconstruct" (or "construction," "reconstruction")

means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.

"Destruction"

means 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.

"Electrical grounding well"

means any artificial excavation in excess of fifty feet, constructed by any method, for the purpose of establishing an electrical ground.

"Individual domestic well"

means a water well used to supply water for domestic needs of an individual residence or commercial establishment.

"Industrial well"

means a water well used to supply an industry on an individual basis.

"Observation well"

means a well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement, quality or toxic materials.

"Permit"

means a written permit issued by the city engineer permitting the construction, reconstruction, destruction or abandonment of a well.

"Person"

means any person, firm, corporation or governmental agency other than the city of Buena Park.

"Public nuisance,"

when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.

"Saltwater (hydraulic) barrier well"

means a well used for extracting water from or injecting water into the underground as a means of preventing the intrusions of saltwater into a freshwater-bearing aquifer.

"Test or exploratory hole"

means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

"Well"

means 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 saltwater (hydraulic) barrier wells, as defined in this section, 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 de-watering 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.

(Prior code § 33-35; Amended during 1990 codification)

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. No person shall abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the city engineer.

C. No person shall violate the terms of any order issued by the city engineer, issued pursuant to this chapter.

(Prior code § 33-36)

A. Applications for permits shall be made to the city engineer containing such information as he or she shall require.

B. Each application shall be accompanied by a fee which shall be established by the city council. A permit shall remain in effect for one year from the date of issuance.

C. 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.

D. 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.

(Prior code § 33-37; Amended during 1990 codification)

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.

(Prior code § 33-38)

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 days, which hearing shall be held within an additional ten days. In the event the city engineer still denies or cancels the permit, the applicant or permit holder shall be notified of his or her right to request an appeal hearing before the city council within ten days of the city engineer's decision. The city council hearing shall be held within ten days of the request and the city council determination shall be final.

(Prior code § 33-39)

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 the 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 nor more than thirty days after the date the notice is mailed. The notice shall state that in the event the city council determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement.

(Prior code § 33-40)

If the city engineer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health and safety of the public, he or she may abate the nuisance without giving notice. Within twenty-four hours after initiating such abatement, the city engineer shall give notice of a hearing before the city council in the manner prescribed in Section 13.20.070.

(Prior code § 33-41)

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 city council finds that a public nuisance exists, it shall advise the city engineer to take any necessary action to protect the groundwater 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 city council. The costs of such corrective work by the city engineer shall become a special assessment upon the land pursuant to Section 13.20.100.

B. If the city council finds that a permit was improperly denied or cancelled, it shall advise the city engineer to issue or reinstate such permit.

(Prior code § 33-42)

Upon a finding by the city council that a well constitutes a public nuisance, all costs of abatement carried out under the terms of this chapter shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty days, they shall then be declared a special assessment against that parcel as provided in Government Code Section 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner or person in possession or control, jointly or severally.

(Prior code § 33-43)

A. 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 future amendments thereto.

B. The standards for cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources, Bulletin 74-1, entitled "Cathodic Protection Well Standards," and future amendments thereto.

C. Well standards may be modified by the city engineer, with the advice of the State Department of Water Resources, where required to cope with local geological and groundwater conditions.

(Prior code § 33-44)