Ceres Municipal Code Ch. 13 Well Standards

A. It is the purpose of this chapter to protect the health, safety, and general welfare of the people of the State of California and the City of Ceres by ensuring that the groundwaters of this State will not be polluted or contaminated. To this end, minimum requirements are contained in this chapter for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, and monitoring wells.

B. Except as otherwise required by the context of this chapter, the terms used in this chapter shall have the same meaning as in chapter 10 of division 7 of the California Water Code and the Department of Water Resources Bulletins 74-81 and 74-90 and subsequent supplements or revisions.

Person means any person, firm, board enforcement agency, corporation, or governmental agency, to the extent authorized by law.

Section headings when contained in this chapter, shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any section.

Tense and gender: Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural, and the plural the singular.

Well or water well is defined under Water Code, section 13710, to mean "…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." The State Water Resources Control Board does not intend that potholes, drainage trenches or canals, waste water ponds, shallow root zone piezometers, stock ponds, or similar excavations be included within the definition of wells.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Permit applications:

1. No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, cathodic protection well, observation well, monitoring well or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this chapter unless exempted by law.

2. Any person who commences any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

3. The above provisions shall not apply to emergency work required on short notice to maintain drinking water, agricultural supply systems, or if needed to protect the health and safety of the people or water system. In such cases, the person responsible for the emergency work shall:

a. Apply for a permit within three working days after commencement of emergency work.

b. Satisfy the enforcement agency that such work was urgently necessary.

c. Demonstrate that all work performed was in conformance with the technical standards as designated in subsection D.3 of this section.

B. Applications for permits shall be made to the Ceres Engineering or Public Works Department on forms approved by the agency and shall contain all such information the Engineering or Public Works Department requires to accomplish the purposes of this chapter. The application shall be accompanied by the required filing fee as established by the City Council which may be amended from time to time by resolution. If the Engineering or Public Works Department finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this chapter.

C. Permit conditions:

1. When the Engineering or Public Works Department issues a permit pursuant to this chapter, it may condition the permit in any manner necessary to carry out the purposes of this chapter. Conditions may include, but are not limited to quantity and quality testing methods, sanitary seals, temporary caps, and abandonment.

2. The Engineering or Public Works Department may require a performance bond as a condition to the permit.

3. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 contractor's license in accordance with the provisions of the Business and Professions Code, section 7000, et seq., and Water Code section 13750.5.

4. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

5. 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 chapter.

6. It shall be the responsibility of the permittee to maintain a copy of this permit on the drilling site during all stages of construction or destruction.

E. The Engineering or Public Works Department shall deny an application for a permit if, in its judgement, issuance of a permit is not in the public interest.

F. The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the Engineering or Public Works Department may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit.

G. Permit suspension and revocation:

1. The Engineering or Public Works Department may suspend or revoke any permit issued pursuant to this chapter, whenever it finds that the permittee has violated any of the provisions of this chapter, or has misrepresented any material fact in his application, or any supporting documents, for such a permit. Prior to ordering any such suspension or revocation, the Engineering or Public Works Department shall give the permittee an opportunity for a hearing concerning the pending suspension or revocation, after reasonable notice. The hearing shall be before the Engineering or Public Works Department head or his designated representative. An appeal may be made as set forth below under section 13.13.080.

2. No person whose permit has been suspended or revoked shall continue to perform work for which the permit was granted until, in the case of suspension, such permit has been reinstalled by the Engineering or Public Works Department.

3. Upon inspection of any permit, the Engineering or Public Works Department may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, or safety of the public. No permittee who has held any permit issued pursuant to this chapter shall fail to comply with any such order.

H. Liability:

1. A permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or his or her agent under the permit, or resulting from failure of the permittee to perform each obligation under said permit. If any claim of such liability is made against the City, its officers, employees, or agents, the permittee shall defend, indemnify, and hold them and each of them harmless from such claim.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Except as otherwise specified, the standards for the construction, repair, reconstruction, or destruction of wells shall be as set forth in:

A. The California Department of Water Resources Bulletin 74-81 "Water Well Standards, State of California" except as modified by subsequent revisions.

B. All subsequent Bulletin 74-81 supplements or revisions adopted by the Department of Water Resources.

C. All persons owning an abandoned well as defined as the well standards shall destroy it or cause it to be destroyed in accordance with the City's standard for well abandonment.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Engineering or Public Works Department shall have the power under the following specified conditions to grant a variance from any provision of the standards referenced above and to prescribe alternative requirements in their place.

A. There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard.

B. The granting of such a variance is consistent with the purposes of this chapter.

(Ord. No. 2019-1054, § 2, 12-9-2019)

All wells within the City of Ceres will be placed into one of the three following classifications: "Active Well," "Inactive Well," "Abandoned or Unused Well."

A. "An active well" is a well that has been utilized at least once in the preceding 12 months for the extraction of groundwater. If the pump from an active water well has been removed for repair or replacement, the well is still considered to be an active well. During the repair period, the well shall be adequately covered to prevent injury to people and to prevent the entrance of undesirable water or foreign matter.

B. An "inactive" or "standby" well means a well that has not been used for a period of one year or more for the production of groundwater, but is maintained in such a condition that it could be so used, or a monitoring well maintained for such use, or a cathodic protection well maintained for such use.

1. Wells used for monitoring are considered inactive wells so long as they are maintained for this purpose. However, such wells shall be in compliance with this chapter and bear an appropriate cap with the label, "Monitoring Well," and the name of the agency or organization using the well. It shall be securely locked when not in use.

2. Cathodic protection wells or test wells deep enough to promote inter-aquifer transfer of groundwater shall be considered inactive wells as long as they remain functional.

C. An abandoned or unused well may be defined under one or more of the following:

1. A well, other than a monitoring well, which has been out of service continuously for one year or more, and does not meet the definition of a standby well.

2. A monitoring well from which no measurement or sample has been taken for a period of three years.

3. A well which is in such a state of disrepair that it cannot be made operational for its intended purpose.

4. A test hole or exploratory boring 24 hours after construction and testing work has been completed.

5. A cathodic protection well that is no longer functional for its original purpose.

6. Any boring that cannot be satisfactorily completed as a well. The final determination as to the status of a well will be made by the City.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Engineering or Public Works Department shall make an inspection of the annular seal construction work. It may make an initial inspection of each proposed drilling site, an inspection at the completion of the work, and inspections at such other times as it deems appropriate.

A. Upon receipt of an application, the Engineering or Public Works Department may make an inspection of the drilling site prior to the issuance of a well permit. The purpose of this inspection is to determine whether there are any site conditions such that the Engineering or Public Works Department shall do the following:

1. Require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution.

2. Set additional conditions if needed to remediate any previously unknown groundwater quality protection problems.

B. The Engineering or Public Works Department shall inspect the annular space grout depth prior to the sealing.

1. The Engineering or Public Works Department shall be notified by the well driller a minimum of 24 hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space. Drillers who anticipate completing a well in less than one day shall notify the Engineering or Public Works Department 24 hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

C. If requested by the Engineering or Public Works Department, the driller shall notify the Engineering or Public Works Department within seven days of the completion of their work at each drilling site. The Engineering or Public Works Department may make a final inspection after completion of the work to determine whether the well was completed in accordance with this chapter.

D. The Engineering or Public Works Department may waive inspections should any of the following conditions exist:

1. Inspections may be waived where the work will be inspected by the staff of the Stanislaus County Environmental Resources Department, California Regional Water Quality Control Board, or the California Department of Health Services, if these designated agencies will inspect and report to the Engineering or Public Works Department on all drilling features required by the standards.

2. Inspections may be waived for monitoring wells that will penetrate only aquifers containing degraded waters or will penetrate only formations that normally contain no water.

3. Initial inspections may be waived when the drilling site is well known to the Engineering or Public Works Department staff and it is known that no significant threats to groundwater quality exist in the area.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The driller shall provide the Engineering or Public Works Department a completion report within 30 days of the completion of any well construction, reconstruction, or destruction job.

A. "A copy of the "Report of Completion" (Water Well Driller's Report, Department of Water Resources Form 188) required by Water Code section 13751 shall be submitted by the permittee to the Engineering or Public Works Department within 30 days of construction, alteration, or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions. This section shall not be deemed to release any person from the requirement to file said report with the State Department of Water Resources.

B. In accordance with Water Code section 13752, reports shall not be made available for inspection by the public but shall be made available for inspection by governmental agencies for use in making studies. Reports shall be made available to any person who obtains written authorization from the owner of the well.

C. Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of Water Code sections 13750 through 13755 relating to notices and reports of completion or any other federal, State, or local reporting regulations.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Right of hearing: Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the City Council, in writing, within ten days after any such denial, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is taken, and shall be accompanied by a filing fee as set forth in this chapter. The City Clerk shall set such appeal for hearing at the earliest practicable time, and shall notify the appellant and the Ceres Public Works Department, in writing, of the time so set at least five days prior to the hearing.

B. Action by the City Council: After such hearing, the City Council may reverse, wholly or partly, or may modify the order or determination appealed from.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Whenever the Director, an authorized enforcement official, or inspector need to make an inspection to enforce any provisions of this chapter, a request for entry of the premises or building must be made to the property owner or occupant.

B. Any request for entry shall state that the property owner or occupant has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction.

C. In the event the owner or occupant refuses entry after such request has been made, the enforcement official is empowered to seek a warrant from a court of competent jurisdiction in obtaining such entry.

(Ord. No. 2019-1054, § 2, 12-9-2019)

All persons owning an abandoned well as defined in the well standards shall destroy it before December 31, 1991, except those excluded by State law.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. Whenever the Engineering or Public Works Department determines that:

1. A well has not been completed in accordance with a well permit or the plans and specifications relating thereto;

2. A well has been constructed without the required permit; or

3. An abandoned well has not been destroyed in accordance with the standards;

the Engineering or Public Works Department may record a notice of violation with the office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their current address is available. If the property owner(s) or authorized agent disagree with the determination, he may submit evidence to the Engineering or Public Works Department indicating that there is no violation and then shall have a right to appeal an adverse decision of the Engineering or Public Works Department to the City Council in accordance with the provisions of the following subsection.

B. Appeal; action by the City Council:

1. Upon receipt of the notice of appeal, the City Council shall within 15 days following the filing of the appeal, set a date for public hearing thereon.

2. The evidence before the City Council shall consist of the records in the Engineering or Public Works Department's files and any other relevant evidence which, in the judgment of the City Council, should be considered to effectuate and implement the policies of this chapter.

3. The City Council may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final.

C. The Engineering or Public Works Department shall submit a removal of notice of violation to the County Recorder when:

1. It is determined by the Engineering or Public Works Department or the City Council, after review, that no violation of this chapter exists; or

2. All required and corrective work has been completed and approved by the Engineering or Public Works Department.

D. In addition to being subject to prosecution, any person who violates any of the provisions of this chapter may be made the subject of a civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery.

E. The remedies available to the City Council to enforce this chapter are in addition to any other remedies available under ordinance or statute, and do not replace or supplant any other remedy.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Pursuant to Water Code section 13225(c), the Public Works Department shall submit a report, not less than annually, to the California Regional Water Quality Control Board(s) having jurisdiction in their area. This report shall contain the following data, unless the Regional Board determines a lesser amount of information is necessary:

A. The number of wells constructed or destroyed.

B. Descriptions of all well destructions undertaken by the Public Works Department using its regulatory authority under nuisance abatement powers.

C. A description of each specific case where variances were granted and the circumstances that made a variance necessary.

D. A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary.

(Ord. No. 2019-1054, § 2, 12-9-2019)