Costa Mesa Municipal Code Ch. II Construction, Reconstruction, Destruction or Abandonment of Certain Wells

(a) 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; 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 ground water or otherwise jeopardize the health, safety or welfare of the people of this city.

(b) The City of Costa Mesa recognizes the need to adopt standard procedures for the drilling and abandonment of wells. All persons or companies drilling wells or abandoning wells within the city limits of Costa Mesa shall secure a permit from the health officer of the County of Orange. The County of Orange shall collect the necessary fees, provide administration and inspection for construction or abandonments. The County of Orange shall furnish a copy to the city of all permits issued.

(Ord. No. 73-21, § 1, 6-4-73)

As used in this chapter, the terms "abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing to the well standards advisory board 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 board. All such declarations shall be renewed annually and at such time be resubmitted to the board for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the health officer.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, an "agricultural well" shall mean a water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, a "cathodic protection well" shall mean 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.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, a "community water supply well" shall mean a water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "construct or reconstruct (construction or reconstruction)" shall mean to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "destruction" shall mean 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.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "electrical grounding well" shall mean any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "health officer" shall mean the Orange County Health Officer or his designee, acting as the city health officer.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "individual domestic well" shall mean a water well used to supply water for domestic needs of an individual residence or commercial establishment.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "industrial well" shall mean a water well used to supply an industry on an individual basis.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "observation well" shall mean a well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "permit" shall mean a written permit issued by the health officer permitting the construction, reconstruction, destruction, or abandonment of a well.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "person" shall mean any person, firm, corporation or governmental agency.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, the term "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.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "salt water (hydraulic) barrier well" shall mean 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.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "test or exploratory hole" shall mean an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

(Ord. No. 73-21, § 3, 6-4-73)

As used in this chapter, "well" shall mean 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 well standards advisory board. 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 well standards advisory board.

(Ord. No. 73-21, § 2, 6-4-73)

The well standards advisory board, as established by the County of Orange, shall have jurisdiction for the enforcement of this chapter, including but not necessarily limited to the issuing of permits, inspections, the issuing of notices, the providing for public hearings before the board, the findings if public nuisances exist relating to water wells within the city, the provisions for abatement and abatement costs, and the establishment of standards for the construction, reconstruction and destruction or abandonment of wells and the imposition of penalties for the violation of this chapter.

(Ord. No. 73-21, § 3, 6-4-73)

(a) No person shall, within the incorporated area of the City of Costa Mesa, 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 health officer 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 health officer.

(c) No person shall violate the terms of any order issued by the well standards advisory board or the health officer pursuant to this chapter.

(Ord. No. 73-21, § 4, 6-4-73)

(a) Applications for permits shall be made to the health officer containing such information as he shall require.

(b) Each application shall be accompanied by a fee which shall be established by the board of supervisors 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 cancelled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.

(c) Permits may be issued subject to any condition or requirement found by the health officer to be necessary to accomplish the purposes of this chapter.

(d) A permit may be cancelled or the conditions amended by the health officer if he 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.

(Ord. No. 73-21, § 5, 6-4-73)

The permittee shall notify the health officer 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 health officer, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed.

(Ord. No. 73-21, § 6, 6-4-73)

In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the health officer, 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 well standards advisory board within 10 days.

(Ord. No. 73-21, § 7, 6-4-73)

In the event the health officer determines that a well constitutes a public nuisance, he 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 well standards advisory board relating thereto, which date shall be not less than 10 nor more than 30 days after the date such notice is mailed. The notice shall state that in the event the board determines that a public nuisance exists, a special assessment shall be imposed upon the land for any costs of abatement.

(Ord. No. 73-21, § 8, 6-4-73)

If the health officer 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 may abate the nuisance without giving notice. Within 24 hours after initiating such abatement, the health officer shall give notice of a hearing before the well standards advisory board in the manner prescribed in section 18-49.

(Ord. No. 73-21, § 9, 6-4-73)

(a) At the time fixed for the hearing, the well standards advisory board shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the board finds that a public nuisance exists, it shall direct the health officer 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 board. The costs of such corrective work by the health officer shall become a special assessment upon the land pursuant to section 18-52.

(b) If the board finds that a permit was improperly denied or cancelled, it shall order the health officer to issue or reinstate such permit.

(Ord. No. 73-21, § 10, 6-4-73)

Upon a finding by the well standards advisory board that a well constitutes a public nuisance, all cost 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 60 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 county shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.

(Ord. No. 73-21, § 11, 6-4-73)

Procedures for the construction, reconstruction, destruction or abandonment of wells shall be the procedures recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells shall be standards recommended in the State Department of Water Resources Bulletin No. 74-1. Well standards may be modified by the health officer, with the advice and concurrence of the well standards advisory board, where required to cope with local geological and ground water conditions.

(Ord. No. 73-21, § 12, 6-4-73; Ord. No. 74-45, § 2, 9-3-74)

Any person who violates the terms of this chapter or any permit issued hereunder shall be guilty of a misdemeanor punishable by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted and shall be subject to the same punishment as for the original offense.

(Ord. No. 73-21, § 13, 6-4-73)