Dos Palos Municipal Code Title 13 Water and Sewers

187 (Dos Palos 9-98)

13.04.001

Chapter 13.04 13.04.300 Service--Right to refuse.

WATER SERVICE* 13.04.320 Irrigation of lawns. 13.04.330 City not to be liable.

service. 13.04.080 Meter-Number of customers permitted. B. A prope owner in business or a tenant

enter contract. ori • al bill) for each additional business.

3 9 (part), 1994) 13.04.190 Mains-Repair.

etc., prohibited. or two or more business units share a single water

erty owner. 13.04.250 Shutoff-In case of fire.

disconnection. following conditions exist: 13.04.280 Reconnection fee. A. A building permit, change in use, or rezon- ing; 13.04.290 Service--Discontinuance, B. A dispute over any utility payment;

189 (Dos Palos 9-98)

13.04.003

C. Failure to pay any utility payment on time; 13.04.036 Rates-Home occupation. D. A new business; Any and all home occupations permitted shall pay E. A new property owner or title change; commercial water charges, fees or rates as set by the F. A new tenant; city in addition to any residential water, sewer, or G. Two or more separate property owners share refuse charges, fees or rates charged to the residen- the same water meter; tial unit(s) attached or on the same lot or parcel. unless the property owner agretis to assume total (Ord. 321 (part), 1994) responsibility for all water usage served by the split meter. 13.04.040 Settlement of disputes. Whenever a separate (additional) water meter is If a dispute shall arise between any water con- required, the property owner shall pay all water sumer and the water department concerning water meter installation costs. In the case of two or more service, said dispute may be settled by the water separate property owners, the cost shall be paid by superintendent subject to the approval of the coun- the most recent property owner. (Ord. 329 (part), cil. The final decision and settlement of any such 1994) dispute shall be recorded in the minutes of the coun- ·', ,;-,2,:~~,.'- j; cil. The provisions and procedure provided for in Permitting leaks in pipes this paragraph are permissive only and shall in no unlawful. way affect the other provisions of this chapter. (Ord. It is unlawful for any person owning or control- 85 § 6, 1958) ling water pipes in the city to permit a leak to exist in any of the same within any public street or public 13.04.050 Application. place in the city for more than twenty-four hours Before water will be supplied by the water de- after notice of such leak has been given to such partment to any person, firm or corporation, which person; or for any person owning .or controlling requires a connection from the department's water water pipes to permit any soil saturated or softened mains to water pipes on any real property, the own- by water from a leak in such pipe to remain in or er or occupant of the property shall make a written under any public street for a longer period than is application for such service and service corinection actually necessary for the work of removing the upon a form provided by the water department. The same, said work to begin within twenty-four hours information required in all instances where applica- after notice of the presence of such saturated or tion is made for water shall include the name and softened soil has been given to said person and to address of the applicant, a description of the real be diligently prosecuted to completion. All such property by lot number, block and tract and the saturated or softened material shall be replaced with official house number assigned to the premises for firm material compacted securely into place. (Ord. which water is desired, together with a statement of 15 Ch. 3 Art. 2 § 2 (part), 1936) the applicant's relation to the property, whether as owner, occupant, lessee or otherwise. (Ord. 85 § 7,

Notice may be given in writing to the person owning or controlling leaking water pipes, by the 13.04.060 Nonowner deposit. chief of police upon the complaint of any person The city as a condition to granting an application having knowledge thereof, and it shall be the duty and supplying water to the premises therein de- of the chief of police to give notice of such leaks as scribed, when the applicant is not the owner of the come to his attention. (Ord. 15 Ch. 3 Art. 2 § 2 premises, is authorized and shall require a cash (part), 1936) deposit to be determined by resolution of the city council, unless the owner undertakes in writing to

(Dos Palos 9-98) 190

ORDINANCE 351 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE ADDING A NEW TITLE 8, CHAPTER 12, SECTION 204 AND ADDING A NEW TITLE 13 1 CHAPTER 04, SECTION 004 AND ADDING A NEW TITLE 13, CHAPTER oa, SECTION 004. The city of Dos Palos hereby ordains that the following be added to the Dos Palos Municipal Code:

:13. 04. 004 Part-Tim Business Water Services.

For the first six onths of operation only, the basic monthly water billing for a bu iness which operates two days per week or less, with no more tan three employees, shall be half the cost of a regular water Jlill for the same type of business as conducted on a full-time basis. Eligibility shall be determined by the number of operating days and employees reported annually at the time of business l.itt:ense application or renewal. This section shall not apply to o/6y of the following: A business operating more than two days in;ny one week regardless of the number of business operating hours; ny shared business location; any individual, business or locati that has previously received this benefit; any home occupq'tions; any business or residential deposits; any delinquent fees;/any ~ate fees; any penalty fees; or any other fees.

For the first s·x months of operation only, the basic monthly sewer billing for a usiness which operates two days per week or less, with no.more than three employees, shall be half the cost of a regular sewe bill for the same type of business as conducted on a full-time b sis. Eligibility shall be determined by the nUlllber of operating tlays and employees reported annually at the time of business icense application or renewal. This section shall not apply to any of the following: A business operating more than two days in ny one week regardless of the number of business operating hours; any shared business location; any individual, business, or locat • on that has previously received this benefit; any home occu,ations; any business or residential deposits; any.delinquent fee.; any late fees; any penalty fees; or any other fees.

For the first six months of operation only, the basic monthly garbage or refuse billing for a business which operates two days per week or less, with no more than three employees, shall be half the cost of a regular garbage or refuse bill for the same type of business as conducted on a full-time basis. Eligibility shall be determined by the number of operating days and employees reported annually at the time of business license application or renewal. This section shall not apply to any of the following: A business operating more than two days in any one week regardless of the

number of business operating hours; any shared business location; any individual, business, or location that has previously received this benefit; any home occupations; any business or residential deposits; any delinquent fees; any late fees; any penalty fees; or any other fees. This ordinance shall become effective on November 4, 1999, which is thirty days after its final passage and adoption. Ordinance 351 shall be published within fifteen (15) days after its final passage, by one (1) insertion in The Dos Palos Sun, an adjudicated newspaper of general circulation available within the City of Dos Palos. The above Ordinance was introduced, following its first reading, on a motion by Councilmember York, and seconded by Mayor pro Tempore Bonds, at a regular meeting of the Dos Palos City Council held on September 21, 1999 and passed on a 5 - o vote. A Public Hearing and second reading of Ordinance 351 were held at a regular meeting of the City Council of the City of Dos Palos on October 5, 1999. Ordinance 351 was then adopted on a motion by councilmember York, and seconded by Councilmember Montejano, and was adopted on a 3 - O vote of the members of the city Council as follows: AYES: Westlake, York and Montejano.

NOES: None. ABSENT: Bonds and Maiorino. APPROVED: ATTEST:

. ,4~·' :4 :;7-/t(
Westlake, Mayor Alice ThompsCity Clerk I
J

13.04.060

be responsible to the city in the event of failure of houses, bungalow courts, flats, mobile home courts, the tenant to pay charges assessed by the city for or otherwise, excepting motels, under circumstances water, sewer and refuse service fiimished the pre- that make it impossible or impracticable to both the mises. The deposit will be refunded: consumer and the water department to install A. When the services are discontinued, provided separate services, then under said conditions the all charges to the applicant by the city have been minimum rate specified in Section 13.04.030 of this paid, otherwise the same shall be applied on the chapter, plus his proportionate share of the excess account; or at scheduled rates, with the maximum quantity of B. Upon written request subsequent to a con- water to be allowed for each consumer at the mini- secutive twelve-month period of nondelinquency of mum monthly charge. If one meter connection payment by the applicant. (Ord. 309, 1~92: Ord. serves more than one store, shop or any other con- 274, 1986: Ord. 247 § 1, 1981: Ord. 225 § 1, 1979: cern doing business separate and apart from one Ord, 193 § 4, 1977) another, whether in the same building or not, where it is impracticable to both the consumer and the

Regardless of current or previous residential meters, then each shall pay to the city the minimum property ownership or nonownership, a cash deposit rate plus his proportionate share of the excess at is not required in residential zones if the applicant scheduled rates, with the maximum quantity of has had a residential utility account with the city water to be allowed for each consumer at the mini- within the last year and has not had a delinquency mum monthly charge. For any single-family resi- or penalty assessed on that account for the most dence or business lot constituting a service connec- recent twelve consecutive months. (Ord. 336, 1996) tion, and/or. where one meter connection services two or more separate and distinct consumers, the

In all cases the size of the meter to be installed at the option of the water department, will be held shall be determined by the water superintendent. responsible to the city for all water used. The water (Ord. 85 § 9, 1958) department may, at its option, install separate ser- vices and collect the regular rate from each consum-

permitted. own expense, install a water pipeline from the prop- A single-family residence or business lot occu- erty to said meter and pay the regular service con- pied by one private business concern with a regula- nection fee. tion meter shall constitute a service connection. No Where a single meter connection serves a motel person shall run any water from any meter or ser- consisting of several units, the minimum rate speci- vice connection to any other consumer whether on fied in Section 13.04.030 of this chapter shall apply the same lot or property or not, for which the rate to the first unit whether or not said unit or any or rates have been paid, or the rules and regulations thereof are occupied. contained in this chapter have not been complied Where a single meter connection serves all, or a with. No change in the use of the water shall be portion of, a mobile home/trailer court consisting of made after filing the application and until a written occupied and vacant temporary, and permanent notice has been given to the water department and spaces, the minimum rate specified in Section written permission to make such change has been 13.04.030 of this chapter shall apply to all perma- granted by the director of public works. If one meter nently occupied spaces and shall be prorated for connection serves more than one family living sepa- actual use of any temporary spaces. (Ord. 269, rately from each other, whether in suites, apartment 1985: Ord. 193 § 6, 1977)

191 (Dos Palos 9-98)

13.04.090

13.04.090 Meter-Test. on the next business day. Any consumer who fails Any consumer may request, upon deposit at city to pay the water, sewer or wastewater, refuse or hall an amount set by the city council by resolution garbage, or utility bill within twenty days after tile for meter testing, that the meter through which same is due, shall in addition thereto, pay a penalty water is being furnished to said consumer be tested of fifteen dollars, which is five dollars in water, five by said department for the purpose of ascertaining dollars in sewer or wastewater, and five dollars in whether or not it is registering correctly. If, upon refuse or garbage. such test, the meter shall be found to register two The penalty notice will have printed thereon a percent or over more water than actually. passes notice that if the amount is not paid witllin ten days, through, anotl1er meter shall be substituted therefor, service will be discontinued, as provided by this the meter testing deposit be returned to the consum- chapter. If tile consumer has a deposit in place, the er making the request, and the water bills for the amount of the bill and penalty will be deducted current period shall be adjusted ·in an equitable from tile deposit and the consumer required to re- manner. If, upon such test the meter be found to store tile deposit. (Ord. 340 (part), 1997; Ord. 85 § register less than two percent more water than actu- 14, 1958) ally passes through, the deposit shall be retained and deposited in the water fund. (Ord. 339, 1997: Ord. 13.04.130 Delinquencies. 85 § 11, 1958) If a consumer, who has initially established credit as provided in this chapter, fails to pay a water,

Where a meter fails to register during any period, bill, a cash deposit as provided in Section 13.04.060 a charge will be made based upon the water con- of this chapter will be required, regardless of wheth- sumed during the same month of the previous year. er or not the consumer owns tile premises supplied In the event that a meter had not yet been installed by the service, in addition to payment of all deliu- for the sanre month of the previous year, the charge quent bills and penalties. shall be made based upon the water consumed dur- If the consumer fails to pay said delinquent bill(s) ing the last month or portion thereof the meter was and make a cash deposit, water service shall be registering. (Ord. 85 § 12, 1958) discontinued after tile expiration of five days' notice to discontinue service. If water service is discontin-

In case no water is used through the meter or the the event tllat the consumer or applicant for service property becomes vacant, nevertheless, the regular pays all delinquent bills, makes said cash deposit minimum rate shall be charged and collected from and pays in addition tllereto the sum of thirty-five .the owner thereof, or the applicant for service. Ser- dollars. Thereupon and not otherwise will service be vice will be discontinued by the water superinten- resumed. (Ord. 340 (part), 1997: Ord. 273 (part), dent within forty-eight hours of receiving notice to 1986: Ord. 85 § 15, 1958) discontinue said water service. (Ord. 85 § 13, 1958)

All water, sewer or wastewater, refuse or garbage, water service, the water department will install or utility bills are due and payable at City Hall on service pipe of suitable capacity from its water or before the twentieth day of each calendar month, mains to the curb line or property line of property unless the twentieth falls on a nonbusiness day, e.g. abutting upon a public street, highway, alley, lane Saturday, Sunday, or holiday, in which case the bill or road along which it already has water mains. The is then due and payable before the close of business applicant will pay two hundred fifty dollars plus the

(Dos Palos 9-98) 192

13.04.140

.-... cost of material. Such payment will be retained by may, at its option. accept the contract of the remain- the water department. ing applicants for main extension and authorize the B. The consumer. at his own expense, shall water department to pay the proportionate part of install that portion of the service inside the curb or the costs of said main extension, attributable to the property line. Said installation shall include a property owned by the nonparticj,pating owner, out shutoff valve inside the property line at a location of water department funds. The water rate collector accessible in case of emergency. shall keep a suitable record of said contracts and •C. The materials furnished by the consumer in payments and also the lots or parcels of land for construction of such service extension, will at all which payments were inade. Said record shall re- times be and remain the sole property of the con- main in the office· of the water department and be sumer and when necessary shall be maintained and open to public inspection during regular business repaired by the consumer at his own expense. hours. No service connection shall be made between D. The water department shall only install one the water system and that lot or parcel of land service to one consumer. • whose owner did not contribute to the cost of said E. Only the water department shall have authori- main-extension. until said lot or parcel's proportion- ty to turn water on at any such service connection. ate share of said main extension, as so record~ by and until the consumer applicant presents to the the water rate collector. shall have been paid in full. department satisfactory evidence of having paid all (Ord. 85 § 17 (part), 1958) charges and fees which by this chapter are required to be paid by him, the department shall not com- 13.04.170 Meter--Damage repair. plete the service connection by turning the water on. After water service has been made ·and a meter (Ord. 228 § 1, 1979: Ord. 193 § 8, 1977) installed on the property, any damage to said meter resulting from any carelessness on the part of the

Applicants for main extension to serve premises, water department on presentation ofa bill therefor. tracts, or subdivisions, where a main extension is It is unlawful to inteifere with or cut off, or remove necessary, will be required: the water meter from any service. where it has been A. To enter into a written contract for such ex- installed without first receiving written permission tensions; from the water superintendent Such permission B. To deposit with the water department the shall be granted only for purposes of testing, re- estimated reasonable cost of the necessary facilities. placements, repairs to meters or service pipes, read- as estimated by the city engineer before construction justments of service or similar emergency. (Ord. 85 is commenced; and § 18 (part), 1958) C. To transfer and convey to the city all water mains, and easements existing in connection there- 13.04.180 Meter-Repair. with. The size, type and quality of the materials, and All meters are the property of the city and the the location of lines shall be specified by the coun- water department will make such repairs as in its cil. (Ord. 85 § 17 (part}, 1958) judgment are needed. (Ord. 85 § 18 (part), 1958)

contract. The water department shall, at its own expense, In the event any water main extension shall be make all repairs necessary to· water mains, meters run appurtenant to any lot or parcel of land. whose and pipelines connecting with water mains. The owner refuses to enter into a contract, as provided water department shall make no repairs or do any in Section 13.04.150 of this chapter. the council work whatsoever, on water pipelines beyond the

193 (Dos Palos 9-98)

13.04.190

meter connection. Any repiur made necessary by heaters used exclusively for domestic or mercantile any act, or negligence or carelessness of the con- purpose. (Ord. 85 § 21, 1958) sumer, or any other person, shall be charged to and be collected from the consumer, or the person or 13.04.230 Other sources. persons responsible therefor. (Ord. 85 § 18 (part), It is unlawful for any person, firm or corporation 1958) to allow a connection to exist for any purpose what- ever between the water department's system and any

Fire hydrants are provided for the purpose of extinguishing fire and are.• to ·be opened and used only by the water, fire and street departments of the city, and by such persons as may be officially au- thorized by the water superintendent. To insure the safety of fire hydrants, any person or persons au- thorized to open fire hydrants will be required to use only an approved spanner .wrench and failure to do so will _be sufficient cause to prohibit further use of the fire hydrants. Every person authorized to open fire hydrants, must replace the caps on the outlets when not in use, and failure to do. so is declared to be sufficient cause .to prohibit further use of fire hydrants by such person or persons. It is unlawful for any· person, firm or corporation to conduct or carry water in any way from any fire hydrant with- out written permission to do so from the water superintendent. (Ord. 85 § 19, 1958)

The city and the water department reserve the right to shut off the water in the mains at any time for the purposes of making repairs to mains, servic- es, extension or for other reasons. It shall be the duty of the water superintendent to make reasonable effort to notify the consumers in advance of such an emergency and that water service is to be suspended or restored. (Ord. 85 § 20, 1958)

prohibited. It is unlawful for any person, firm or corpor!ltion to draw water from any pipe or water mains of the water department directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. This section shall not apply to hot water (Dos Palos 9-98) 194 u

13.04.240

13.04.240 Temporary connections. addition to all other charges provided for in this Contractors, or any person or persons desiring chapter, for said reconnection. (Res. 1113, 1980: to use water in construction work, where connec- Ord. 85 § 28, 1958) tions must be made and nonmetered, shall in each and every case obtain a written permit from 13.04.290 Service-Discontinuance. the water superintendent before connecting with A consumer's water service shall be discon- any standpipe, or using water therefrom. (Ord. tinued for nonpayment of a bill for service 85 § 24, 1958) rendered him at a previous location, served by the water department, provided said bill is not

All water outlets through which a continuous new location. (Ord. 85 § 29 (part), 1958) stream of water can be conducted must be shut off promptly upon an alarm of fire being given by 13 .04.300 Service-Right to refuse. the city, and the water from same shall not be The water department shall have the right to turned on again until the fire occasioning said refuse or discontinue to deliver water to a con- alarm shall be extinguished. (Ord. 85 § 25, 1958) sumer, if any part of the consumer's service appliances or apparatus shall at any time be unsafe, or if the utilization of water by means13,04.260 Shutoff-Payments due. thereof shall be prohibited or forbidden under Upon the written application of the owner or authority of any law or municipal ordinance oroccupant of a building or premises, to have the regulation (until such law, ordinance, or regula-water shut off on the supply side of a meter, the tion shall be declared invalid by a court of com-water department shall have the meter shut off petent jurisdiction), and may refuse service untiland at the same time record the reading of the the consumer shall put such part in good and safemeter and render the bill in a sum which shall be condition and comply with all the laws, ordi-the greater of the amount of water used according nances, and regulations applicable thereto. Theto the rate provided in Section 13.04.030 or for water department shall have the right to refuse tothe minimum due for the fractional part of the serve water to any premises and at any time tomonth. '(Ord. 85 § 26, 1958) discontinue service if found necessary to db so in order to protect itself against fraud, or abuse. If

disconnection. rules of the water department from time to time No person, other than duly authorized enforced, the water department will advise the employees of the water department, shall con- consumer of such failure. If the consumer does nect the consumer's service to or disconnect the not remedy the same within a reasonable time, same from the water mains of the water depart- the water department shall have the right, after ment. (Ord. 85 § 27, 1958) giving notice, to discontinue service to the con- sumer. (Ord. 85 § 29 (part), 1958)

In the event a consumer's service has been 13.04.310 Equipment responsibility. disconnected by the water department on The consumer shall at his own risk and account of any violation of this chapter, the expense furnish, install and keep in repair, free water department is authorized and directed to from leakage and in safe condition. all service charge a reasonable fee of twenty-five dollars, in pipes, fixtures, stopcocks, and other apparatus

195

13.04.310

and appliances which may be required for receiv- ing, controlling, applying, or utilizing water. The water department does not assume the duty of inspecting the consumer's service appliances or apparatus or any part thereof, and assumes no liability therefor. The water department shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances, negligence, want of proper care, or wrongful acts of the consumer, of his agents, employees, or licensees in installing, maintain- ing, using, operating or interfering with any such apparatus or appliances. Consumers shall be lia- ble for all damages which shall result from their failure to comply with the provisions of this sec- tion. (Ord. 85 § 30, 1958)

The council may, by resolution, require that private lawns be watered or irrigated between such hours, or upon sl!ch days, as said council shall fix, and at no other time. It is unlawful for any person, firm; or corporation to irrigate or water any private lawn at any other times than specified in said resolution. (Ord. 85 § 31, 1958)

The city and the water department will not be responsible for damage to buildings or their con- tents caused by any break beyond the street serv- ice cock or for damage caused by the breaking of any pipe or service cock, or by any interruption of the supply of water by reason of the breaking of machinery, or stoppage for necessary repairs. (Ord. 85 § 32. 1958)

u 196

13.06,010

Chapter 13.06 13.06.030 Filing of statements of areas
served.
Existing out-of-city users shall forthwith file WATER SERVICE OUTSIDE CITY with the city clerk a statement describing gener- LIMITS ally the area served and giving the names and
addresses of the persons having service connec-

Sections: tions. Such statement shall, each year, prior to

authority. authority. 13.06.050 Costs of connection. The city council may, from time to time, fix,

comply with terms of service. establish the conditions controlling the water

designated. ing but not limited to the establishment of system

Out-of-city residents to whom water now is

furnished and to whom water may be supplied in Any water sold to residents outside the limits the future shall bear all costs of making connec-of the city now or at any future time shall be tion with the city's water system, including thesurplus water in the sense that it is not needed at cost of water meters of appropriate size, and thethe time to meet the reasonable requirements of work of installation shall be done under thethe residents of the city. (Res. 1135 § 1, 1980) . supervision of the city's director of public works

or his designee, when applicable. (Res. 1135 § 5,

The furnishing of water to out-of-city resi- dents shall in no manner bind the city to 13.06.060 Domestic consumption only. continue the service if, in the opinion of the city No water shall be furnished and supplied to council, doing so would deplete the domestic out-of-city residents for any other purpose than supply to the detriment of city resident users; and that of domestic consumption. (Res. 1135 § 6. in the event of scarcity, the city council may 1980) determine that the water, or ariy part thereof, being sold outside the city is needed for use 13.06.070 Failure to pay charges or comply within it, and order a partial or total discontinu- with terms of service. ance of sale of water to such users on a last-in, Failure to pay the water charge submitted by first-out basis. The city shall, however, be the city shall subject the user to the same pro- required in such event, to give such users a one- cedures and penalties as those provided for han- years' notice of such finding and order. (Res. l 135 dling delinquent accounts within the limits of the § 2, 1980) city. With regard to any other failure to abide by

197

13.06.070

the terms and conditions of the service rendered is not the determining factor, but is rather the by the city, any lawful action may be taken by the number of places using the water. (Res. 1135 § 8, city council which in its discretion may be 1980) deemed adequate to remedy the default. (Res. 1135 § 7, 1980) 13.06.090 Agreement to be bound by chapter conditions.

designated. individual, corporation or association or district A service or service connection is designated shall duly sign a statement to be filed with the city as any water connection linking a city water clerk acknowledging receipt of a copy of the reso- source with any single residence or with any lution codified in this chapter and an agreement apartment or to each business establishment. to be bound by all the terms and conditions The number of take-outs from a main water line contained therein. (Ord. 1135 § 9, 1980)

198

13.07.010

Chapter 13.07 water use shall not exceed the maximum applied
water allowance.
WATER EFFICIENT LANDSCAPES C. "Estimated total water use" means the annual
total amount of water estimated to be needed to
Sections: keep the plants in the landscaped area healthy. It is

implementation. D. "Evapotranspiration" means the quantity of

landscaping. scaped area having plants with similar water needs

irrigation audits. same schedule. A hydrozone may be irrigated or

landscapes. with native vegetation that will not need supplemen-

F. "Infiltration rate" means the rate of water ,13.07.010 Purpose. entrY into the soil expressed as a depth of water per This chapter is intended to endorse and locally unit of time (inches per hour). implement the State Water Conservation in Land- G. "Landscaped area" means the entire parcel scaping Act by: less the building footprint, driveways, nonirrigated A. Promoting the values and benefits of land- portions of parking lots, hardscapes such as decks scapes while recognizing the need to invest water and patios, and other nonporous areas. Water fea- and other resources as efficiently as possible; and tures are included in the calculation of the land- B. Establishing a structure for designing, install- scaped area. Areas dedicated to edible plants, such ing, and maintaining water efficient landscapes in as orchards or vegetables gardens are not included. new projects; and H. "Maximum applied water allowance," for C. Establishing provisions for water management design purposes, means the upper limit of annual practices and water waste prevention for established applied water for the established landscaped area as landscapes. (Ord. 314 (part), 1993) • specified in the following formula: MAWA = (Eto) (0.8) (LA) (.06) where the maxi- 13.07 .020 Definitions. mum applied water allowance (in gallons per year) The words used in this chapter have the meaning equals the reference evapotranspiration (50.0 in set forth below: inches per year) multiplied by the ET factor, the A. "Backflow prevention device" means a safety landscaped area (in ·square feet) and a conversion device used to prevent pollution or contamination factor of 0.62 (to gallons per square foot). of the water supply due to the reverse flow of water I. "Mulch" means any material such as leaves, from the irrigation system. bark, straw or other materials left loose and applied B. "Estimated applied water use" means the to the soil surface for the beneficial purpose of portion of the estimated total water use that is de- reducing evaporation. rived from applied water. The estimated applied i 199 (Dos Palos 9-98)

13.07.020

J. "Recreational area" means areas of active 2. Plants having similar water use shall be play such as sports fields, school yards, picnic grouped together in distinct hydrozones. grounds, or other areas with intense foot traffic. 3. Plants shall be selected appropriately based K. "Rehabilitated landscape" means any upon their adaptability to the climatic, geologic, and relandscaping project that requires a permit. topographic conditions of the site. Protection and L. "Recycled water," "reclaimed water," means preservation of native species and natural areas is treated waste water of a quality suitable for encouraged. The planting of trees is encouraged nonpotable uses such as landscape irrigation; not wherever it is consistent with the other provisions intended for human consumption. of this chapter. M. "Turf' means a surface layer of earth contain- 4. Although a reasonable number of growing ing mowed grass with its roots. Annual bluegrass, seasons will be allowed for full plant coverage to Kentucky bluegrass, Perennial rye grass, Red fescue, develop, interim ground cover may be provided and Tall fescue are cool-season grasses. Bermuda during this period. Interim ground cover includes grass, Kikuy grass, Seashore paspalum, Saint rocks, gravel, wood mulch or other acceptable mate- Austine grass, Zoysia grass, and Buffalo grass are rial. Mulches should be a minimum of three inches warm-season grasses. (Ord. 314 (part), 1993) thick when used as an interim measure in non- ground cover areas and a minimum of two inches 13.07 .030 Applicability. thick in ground covers. A. Except as provided in subsection B of this 5. Fire prevention needs shall be addressed in section, this section shall apply to: areas that are fire prone. Information about fire 1. All new and rehabilitated landscaping for prone areas and appropriate landscaping for fire public agency projects and private development safety is available from the city fire department. projects that require a permit; and C. Runoff and Overspray. 2. Developer-installed landscaping in single- 1. Soil types and infiltration rate shall be con- ) family and multi-family projects. sidered when designing irrigation systems. All irri- B. Th.is section shall not apply to: gation systems shall be designed to avoid runoff. 1. Homeowner-provided landscaping at single- low head drainage, overspray, or other similar con- family and multi-family projects. (Ord. 314 (part), ditions where water flows onto adjacent property, 1993) non-irrigated areas, walks, roadways or structures, proper irrigation rated therefore minimizing runoff. 13.07 .040 Standard of landscape design/ D. Water Features. implementation. 1. Recirculating water shall be used for decora- A. Plan Preparation. A licensed landscape archi- tive water features. tect or a licensed landscape contractor shall be em- E. Recreational Areas. ployed in preparing the landscape and irrigation 1. Portions of landscaped areas in public and plans. Said plans shall calculate and specify the private projects such as parks, playgrounds, sports maximum applied water allowance, the estimated fields, golf courses, or school yards where turf pro- applied water use and estimated total water use. vides a playing surface or serves other recreational B. Plant Selection and Grouping. purposes may require water in addition to the maxi- 1. Any plants may be used in the landscape, mum applied water allowances. A statement shall be proving the estimated applied water use recommend- included with the landscaped design plan, designat- ed does not exceed the maximum applied water al- ing recreational areas to be used for such purposes lowance and that the plants meet the specifications and specifying any needed amount of additional set forth in subsections (A)(2), (3), and (4) of this water above the maximum applied water allowance. section. F. Certification.

(Dos Palos 9-98) 200

13.07.040

I. Upon completing the installation of the land- 13.07.060 Irrigation plan specifications. scaping and the inigation system, an inigation audit A. Irrigation systems shall be designed to be shall be conducted by a certified landscape irrigation consistent with hydrozones. audit or prior to the field observation, B. The irrigation design plan shall be drawn on 2. A licensed landscape architect or contractor, project base sheets. It shall be separate from, but use certified irrigation designer, or other licensed or the same format as, the landscape design plan. The certified professional in a related field shall conduct . scale shall be the same as that used for the land- a final field observation and shall provide a certifi- scape design plan described in Section 13.07.050 of cate of substantial completion to the city, The certif- this chapter. icate shall specifically indicate that plants were C. The irrigation design plan shall accurately and installed as specified, that the irrigation system was clearly identify: installed as designed, and that an irrigation audit has 1. The location and size of separate water me- been performed, along with a list of any observed ters for landscaping; deficiencies. 2. The location, type, and size of all components 3. Certification shall be accomplished by com- of the inigation system, including automatic control- pleting a certificate of substantial completion and ler, maine and lateral lines, valves, sprinkler heads, delivering it to the city. (Ord. 314 (part), 1993) moisture sensing devices, rain switches, quick cou- plers, and backflow prevention devices; 13.07.050 • Landscape plan specifications. 3. Static water pressure at the point of connec- The landscape design plan shall be drawn on tion to the public water supply; project base sheets at a scale that accurately and 4. Flow rate (gallons per minute), application clearly identifies: rate (inches per hour), and design operating pressure A. Designation of hydrozones; (psi) for each station; B. Landscape materials, trees, shrubs, ground 5. Recycled or reclaimed water systems as alter- cover, turf and other vegetation. Planting ·symbols nate irrigation water sources if supplied through a shall be clearly drawn and plants labeled by botani- dual distribution system which conforms to Merced cal name, common name, container size, spacing, County health department standards; and quantities of each group of plants indicated; 6. An annual irrigation watering schedule must C. Property lines and street names; be provided on irrigation drawings for a new plant D, Streets, driveways, walkways, and other establishment period, for the established landscape, paved areas; and for any temporarily irrigated areas; E. Pools, ponds, water features, fences and re- 7. Recreational areas designated in the landscape taining walls; design plan shall be highlighted and the inigation F. Existing and proposed buildings and struc- schedule shall indicate if any additional water is tures including elevation if applicable; needed above the maximum applied water allowance G. Natural features including but not limited to because of high plant factors (but not due to irriga- rock outcropping, existing trees, and shrubs that will tion inefficiency); remain; 8. Whenever possible, irrigation scheduling shall H. Tree staking, plant installation, soil prepara- incorporate the use of evapotranspiration data such tion details, and any other applicable planting and as those from the California Irrigation Management installation details; Information System (CIMIS) weather stations to I. A calculation of the total landscaped area and apply the appropriate levels of water for different the designation of recreational areas. (Ord. 314 climates; (part), 1993) 9. Whenever possible, landscape inigation shall be scheduled between 2:00 a.m. and 10:00 a.m. to

200-1 (Dos Palos 9-98)

13.07.060

avoid irrigating during times of high wind or high ly housing, schools, businesses, parks, and publicly temperature. (Ord. 314 (part), 1993) owned landscapes shall have a landscape irrigation audit at least every five years. At a minimum, the

landscaping. Landscape Water Management Program as described All proposed landscaping and irrigation systems in the Landscape Irrigation Auditor Handbook. (Ord. to be maintained by the city shall be designed and 314 (part), 1993) constructed in accordance with all of the require- ments of this chapter. (Ord. 314 (part), 1993) 13.07.100 Public education. A. Publications. 13.07 .080 Maintenance schedules and 1. The city will provide infonnation to owners irrigation audits. of all new, single family residential homes regarding A. A regular maintenance schedule shall be the design, installation, and maintenance of water included in landscape plan specifications and include efficient landscapes. the following: 2. lnfonnation about the efficient use of land- 1. Landscapes shall be maintained to ensure scape water shall be provided to water users water efficiency. A regular maintenance schedule throughout the community. shall include, but not be limited to: checking, adjust- B. Model Homes. ing, and repairing inigation equipment; resetting the 1. At least one model home that is landscaped automatic controller; aerating and dethatching turf in each project consisting of eight or more homes areas; replenishing mulch; fertilizing; pruning, and shall demonstrate via signs and information, the weeding in all landscaped areas. principles of water efficient landscapes described in 2. Wheneverpossible, repair of irrigation equip- this chapter. (Ord. 314 (part), 1993) ment shall be done with the originally specified materials or their equivaients. 13.07.110 Fees. B. A schedule of landscape irrigation audits, for A landscaping and irrigation plan review and all but single family residences, shall be submitted inspection fee shall be paid to the city when the to the city with irrigation plan specifications and at building permit is issued. The amount of the fee will a minimum: be determined on a square foot basis. The land- 1. Comply with the California Landscape Water scaped area of a project site totaling less than ten Management Program as described in the Landscape thousand square feet shall pay a flat fee of one hun- Irrigation Auditor Handbook, the entire document, dred forty-five dollars. Landscaped areas totaling ten which is incorporated by reference. (See Landscape thousand square feet or more shall pay a flat fee of Irrigation Auditor Handbook, Department of Water two hundred eighty dollars. The fees for parks and Resources, Water Conservation Office (June 1990) recreation facilities and city maintained landscaping version 5 .5); and irrigation systems will be detennined by the city 2. Provide for landscape irrigation audits to be council on a case by case basis. The city council conducted by certified landscape irrigation auditors may revise these fees by resolution. ( Ord. 314 at least once every five years. '(Ord. 314 (part), (part), 1993) 1993)

All existing landscaped areas to which the city provides water that are one acre or more, including golf courses, green belts, common areas, multi-fami-

(Dos Nos 9-98) 200-2

13.08.001

. -~----..... __ Chapter 13.08 13.08.430 Inspection of constmction.

SEWER SERVICE AND USE transferable. 13.08,450 Prohibited discharges. Sections: 13.08.460 Industrial wastewater Article I General Provisions discharges prohibited.

liability. 13.08.480 Improper use of connected

13.08.0S0 Time limits. Article V Sewer Rates

13.08.070 Recording of fees and charges. 13.08.520 Basic charge-Designated. 13.08.080 Estimated quantities and 13.08.521 Rates-Home occupation. values. 13.08.530 Basic charge-Varying

permits and certification of 13.08.540 Basic charge-Minimum. final inspection. 13.08.550 Connection charge-Required.

procedures. Designated.

delinquent charges. city limits.

use. Article Il Definitions 13.08S90 Volume and quality of flow.

13.08.601 • Rates--Septage or septic Article m Administration discharges.

13,08.330 Liquid waste disposal policy. 13.08.640 Nonowner deposit.

regulations. Article I General Provisions

Article IV Sewerage Construction and Sewer 13.08.001 service rates.
Use Sewer (w water) service rates shall be set by

smaller in diameter connecting 13,08.002 Sewer senices required. directly to a trunk sewer. A. A separate sewer service and sewer billing is

200-3 (Dos Palos 9-98)

13.08.002

required in all instances in which a separate water ter, and the city administrator shall take no such service exists, except in subdivision construction action until the elapse of ten days from the date sites. notice is given. B. In the case of a shared business location, B. Unless otherwise provided in this chapter, any sewer service charges shall be increased per addi- notice required to be given by the city administrator tional business at the same rate as water service under this chapter shall be in writing and served in charges, as described in Section 13.04.002(C) of this person or by registered or certified mail. If served title. (Ord. 329 (part), 1994) by mail, the notice shall be sent to the last address known to the city administrator. Where the address

Except as otherwise provided in this chapter, the ofrecord of the property involved. (Ord. 189 (part), city administrator shall administer implement and 1975) enforce the provisions of -this chapter. Any powers granted to or duties imposed upon the city adminis- 13.08.050 Time limits. · trator may be delegated by the city administrator to Any time limit provided in any written notice or persons acting in the beneficial interest of or in the in any provisions of this chapter may be extended employ of the city. (Ord. 189 (part), 1975) only by a written directive of the city administrator. (Ord. 189 (part), 1975)

liability. 13.08.060 Inspectors. Every person violating any provision of this A. Adequate identification shall be provided by chapter, including the failure to pay any fees, charg- the city administrator for all inspectors and other es or surcharges imposed, or any condition or limi- authorized personnel and these persons shall identify tation of a permit or plan approval issued pursuant themselves when entering any property for inspec- thereto, is guilty of a misdemeanor, and upon con- tion purposes or when inspecting the work of any viction is punishable by a fine of not to exceed five contractor. · hundred dollars, imprisonment not to exceed six B. Inspection of every facility that is involved months, or both. directly or indirectly with the discharge of waste- Each day during which any violation continues water to the city sewerage system may be made by constitutes a separate offense punishable as provided the city administrator as he deems necessary. In- in this section. (Ord. 189 (part), 1975) spection may be made to determine that such facili- ties are maintained and operated properly and are

If any provision of this chapter or the application C. Access to all the facilities orto other facilities thereof to any person or circumstance is held inval- directly or indirectly connected to the city sewerage id, the remainder of the chapter and the application system shall be given to authorized personnel of the of such provisions to other persons or circumstances city at all reasonable times including those occa- shall not be affected thereby. (Ord. 189 (part), 1975) sioned by emergency conditions. Any pennanent or temporary obstruction to easy access to the sewerage

A. The city administrator shall notify any person by the facility user or owner at the written or verbal found to be in violation of this chapter or of any request of the city administrator and shall not be limitation or requirement of a pennit issued under replaced. this chapter before the city administrator takes any D. No person shall interfere !With, delay, resist action to implement Section 13.08.020 of this chap- or refuse entrance to an authorized city inspector at-

(Dos Palos 9-98) 200-4

ORDINANCE 351 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE ADDING A NEW TITLE s, CHAPTER 12, SECTION 204 AND ADDING A NEW TITLE 13, CHAPTER 04, SECTION 004 AND ADDING A NEW TITLE 13, CHAPTER 08, SECTION 004. The City of Dos Palos hereby ordains that the following be added to the Dos Palos Municipal Code:

For the first six mon s of operation only, the basic monthly water billing for a busin ss which operates two days per week or less, with no more than hree employees, shall be half the cost of a regular water bil for the same type of business as conducted on a full-time basis. Eligibility shall be determined by the number of operating day and employees reported annually at the time of business lie se application or renewal. This section shall not apply to anY, of the following: A business operating more than two days in an one week regardless of the number of business operating hours; an shared business location; any individual, business or locatio that has previously received this benefit; any home occupa ons; any business or residential deposits; any delinquent fees /any late fees; ,any penalty fees; or any other fees.

For the first si months of operation only, the basic monthly sewer billing for a siness which operates two days per week or less, with no more han three employees, shall be half the cost of a regular sewe bill for the same type of business as conducted on a full-time sis. Eligibility shall be determined by the number of operating days and employees reported annually at the time of business license application or renewal. This section shall not apply any of the following: A business operating more than two days • any one week regardless of the number of business operating hour; any shared business location; any individual, business, or lo tion that has previously received this benefit; any home 09 upations; any business or residential deposits; any delinquent :trees; any late fees; any penalty fees; or any other fees.

For the first six months of operation only, the basic monthly garbage or refuse billing for a business which operates two days per week or less, with no more than three employees, shall be half the cost of a regular garbage or refuse bill for the same type of business as conducted on a full-time basis. Eligibility shall be determined by the number of operating days and employees reported annually at the time of business license application or renewal. This section shall not apply to any of the following: A business operating more than two days in any one week regardless of the

lJ

number of business operating hours; any shared business location; any individual, business, or location that has previously received this benefit; any home occupations: any business or residential deposits: any delinquent fees; any late fees; any penalty fees; or any other fees. This ordinance shall become effective on November 4, 1999, which is thirty days after its final.passage and adoption. Ordinance 351 shall be published within fifteen (15) days after its final passage, by one (1) insertion in The Dos Palos Sun, an adjudicated newspaper of general circulation available within the city of Dos Palos. The above Ordinance was introduced, following its first reading, on a motion by Councilmember York, and seconded by Mayor pro Tempore Bonds, at a regular meeting of the Dos Palos City Council held on September 21, 1999 and passed on a 5 - O vote. A Public Hearing and second reading of Ordinance 351 were held at a regular meeting of the City Council of the City of Dos Palos on Octo.ber 5, 1999. ordinance 351 was then adopted on a motion by Councilmember York, and seconded by Councilmember Montejano, and was adopted on a 3 - 0 vote of the members of the City Council as follows: AYES: Westlake, York and Montejano.

NOES: None.

ABSENT: Bonds and Maiorino.

APPROVED: ATTEST:

Jef wtlake, Mayor Alice ThompsCity Clerk

13.08.060

tempting to inspect any wastewater generation, conveyance or pumping facility connected directly or indirectly to the city. (Ord. 189 (part), 1975)

The city administrator shall keep a pennanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charg- es were paid, the date and amount thereof, and the purpose for which charges were paid. (Ord. 189 (part), 1975)

Unless otherwise provided in this chapter, when- ever the fees and charges required by this chapter are based on estimated values or estimated quanti- ties, the city administrator shall make such detenni- nations in accordance with established estimating practices. (Ord. 189 (part), 1975)

200-5 (Dos Palos 9-98)

13.08.090

13.08.090 Approval of plans-Issuance of through counsel, cross-examine witnesses, and permits and certification of final present evidence in his own behal£ Notice of the inspection. hearing shall be given in accordance with Section A. The city administrator will approve plans 13.08.040 at least fifteen days prior to the date of for sewerage construction and issue a permit hearing. Within forty-five days after the hearing under this chapter only if it appears to the city is closed, the city council shall make a final ruling administrator that the sewerage construction, on the appeal. (Ord. 189 (part), 1975) sewer connection or other procedure conforms to the requirements of this chapter. 13.08.110 Payment of charges and delinquent B. If requested to do so, the city administrator charges. will issue an inspection certificate indicating sat- All fees and charges imposed under the provi- isfactory completion of required work, when all sions of this chapter are due and payable upon work required by the approved plans or permit receipt of the notice or charges. Unpaid charges has been completed and approved by the city shall become delinquent thirty days after mailing inspectors. or delivering the notice of charges. A basic C. All required fees and charges shall be paid penalty charge of ten percent of the unpaid before approval of plans or issuance of a permit amount shall be added to any fee or charge that or an inspection certificate. becomes delinquent. Interest at the rate of one- D. The approval of plans or the issuance of a half percent per month shall accrue on the total permit shall not relieve the discharger of any duty of all delinquent charges plus all penalty charges. imposed upon him pursuant to this chapter. (Ord. 189 (part), 1975) (Ord. 189 (part), 1975)

procednres. ing, destroying, uncovering, defacing or A. Any permit applicant. permit holder or tampering with any structure, equipment or other discharger adversely affected by any deci- appurtenance which is a part of the city sewerage sion, action or determination made by or on system shall be a violation of this chapter. (Ord. behalf of the city in interpreting or implementing 189 (part), 1975) the provisions of this chapter or any permit issued hereto, may file with the city a written Article II Definitions request for reconsideration. Such request shall be acted upon by the city administrator within 13.08.210 Designated. forty-five days from the date of filing. The definitions given in this section shall be B. If the ruling made by the city administrator used in the interpretation of this chapter, the is unsatisfactory to the person requesting recon- issuance of permits, the making of charges for sideration, the person may make a written appeal service, and all other operations of this chapter to the city council within forty-five days after unless another meaning for the word is apparent notice of the action taken by the city admin- from the context: istrator. I. "Council" or "city council" means the city C. The written appeal shall state all the perti- of Dos Palos city council. nent aspects of the matter. Within forty-five days 2. "BOD" or "biochemical oxygen demand" after the written appeal is received, the city coun- means the measure of decomposable organic cil shall hold a hearing on this matter. At his material in domestic or industrial wastewaters as hearing the discharger may appear personally or presented by the oxygen utilized over a period of

201

13.08.210 ·t~, 1 i five days at 20" Centigrade and as determined by 14. "Industrial wastewater" means all water- the appropriate procedure in "Standard Meth- carried wastes and wastewater of the community ods." excluding domestic wastewater and includes all 3. "City administrator" means the city ofDos wastewater from any producing, manufacturing, Palos city administrator or his duly authorized processing, institutional, commercial, agri- deputy or agent. cultural or other operation where the wastewater 4. "Chlorine demand" means the difference discharged includes significant quantities of between the amount of chlorine added to a wastes of nonhuman origin. wastewater sample and the amount remaining at 15. "Inspector" means a person authorized by the end of a thirty-minute period as determined the city administrator to inspect wastewater gen- by the procedures given in "Standard Methods." eration, conveyance, proceising and disposal 5. "City engineer" means the city engineer of facilities. the city of Dos Palos or his duly authorized dep- 16. "Lateral sewer," "collecting sewer" or uty or agent. "main line sewer" means the public sewer, usu- 6. "COD" or "chemical oxygen demand" ally six inches or larger in diameter, and used to means the measure of chemically decomposable collect wastewater from house connection and material in domestic or industrial wastewaters as industrial connection sewers and transport it to represented by the oxygen utilized as determined trunk sewers. Lateral, collecting or main sewers by the appropriate procedure described in "Stan- are normally built and maintained by the local dard Methods." . sewering agency. 7. "City" means the city of Dos Palos. 17. "Local sewering agency" means the city of 8. "Discharger" means any person that dis- Dos Palos. charges or causes a discharge to a public sewer. 18. "Person" means any individual, part- 9. "Dissolved solids" or "dissolved matter" nership, committee, association, corporation, means the solid matter in solution in the waste- public agency and any other organization or water and shall be obtained by evaporation of a group of persons, public or private. sample from which all suspended matter had 19. "Public corporation" means this state and been removed by filtration as determined by the any political subdivision thereof, any incorpo- procedure in "Standard Methods." rated municipality therein, and any public 10. "Domestic wastewater" means the water- agency of the state or any political subdivision carried wastes produced from noncommercial or thereof, or any corporate municipal instrumen- nonindustrial activities and which result from tality of this state. normal human living processes. 20. "Public sewer" means any sewer dedi- 11. "Effiuent" means the liquid outflow of cated to public use and whose use is controlled by any facility designed to treat, convey or retain a public corporation. wastewater. 21. "Section" means a section of this chapter. 12. "House connection" means the sewer 22. "Sewage" means wastewater. connecting the building sewer or building waste 23. "Sewage pumping plant" means any facil- drainage system to the public sewer for the pur- ity designed and constructed to raise wastewater pose of conveying domestic wastewater. in elevation or to overcome head losses due to 13. "Industrial connection sewer" means the pipeline friction. sewer connecting the building sewer or building 24. "Sewerage" means any and all facilities waste drainage system to the public sewer for the used for collecting, conveying, pumping, treating purpose of conveying industrial wastewater. and disposing of wastewater.

202

.• 13.08.210

25. "Sewerage system" means a network of equitable distribution of the city costs and to wastewater collection and conveyance facilities provide procedures for complying with require- interconnected by sewers and owned by the pub- ments placed upon the city by other regulatory lic corporation. agencies. (Ord. 189 (part), 1975)
26. "Shall" is mandatory and "may" is per- missive. 13.08.320 Scope.
27. "Solid wastes" means the nonliquid car- This chapter shall be interpreted in accord- ried wastes normally considered to be suitable for ance with the definitions set forth in Section disposal with refuse at sanitary landfill refuse 13.08.210. disposal sites. The provisions of this chapter shall apply to
28. "Standard Methods" means the current the direct or indirect discharge of all liquid-car- edition of Standard Methods for the Examina- ried wastes to facilities of the city. This chapter, tion of Water and Wastewater as published by the among other things, provides for the regulation American Public Health Association. of sewer construction in the city, the quantity
29. "Suspended solids" or "suspended mat- and quality of discharged wastes, the setting of ter" means the insoluble solid matter suspended waste discharge fees to provide for equitable dis- in wastewater that is separable by laboratory fil. tribution of costs, the approval of plans for sewer tration in accordance with the procedure construction and the establishment of penalties described in "Standard Methods." for violation of this chapter. (Ord. 189 (part),
30. "Trunk sewer" means a sewer con- 1975) structed, maintained and operated by the public corporation that conveys wastewater to treat- 13.08.330 Liquid waste disposal policy. ment facilities and into which lateral and collect- The city operates systems of trunk sewers serv- ing sewers discharge. ing homes throughout the city. The city builds 3 I. "Uncontaminated water" means any and operates trunk sewers and local wastewater wasted water of the community not contami- collecting systems within the city. The following nated or polluted with wastewater and which is basic city policies apply to liquid waste dis- suitable or could readily be made suitable for charges within the service area boundaries: discharge to a stormwater drainage system. A. Generally liquid wastes originating within
31. "User" means discharger. See also subsec- the city will be removed by the city's collection tion 8 of this section. system, provided the wastes will not:
32. "Wastewater" means the water-carried l. Damage structures, wastes of the community derived from human or 2. Create nuisances such as odors, industrial sources, including domestic waste- 3. Menace public health. water. Rainwater, groundwater or drainage of 4. Impose unreasonable collection, treatment noncontaminated water is not wastewater. (Ord. or disposal costs to the city, 189 (part), 1975) 5. Interfere with wastewater treatment processes, Article III Administration 6. Exceed quality requirements set by reg- ulatory government agencies, or

The purpose of this chapter is to provide for ment. the maximum possible beneficial public use of B. The highest and best use of the city the city facilities through adequate regulation of sewerage system is the conveyance of domestic sewer construction and sewer use, to provide for wastewater. The use of the city sewerage system

203

13.08.330

for industrial wastewater discharges is not cov- E. Inspection of all sewerage construction ered in this chapter and·is subject to future nego- under this section shall be made by personnel of tiation and regulation by the city. (Ord. 189 the city in the manner described in Section (part), 1975) 13.08.430. F. An approval of plans for sewerage construction shall expire one year after date of 13.08.340 Superseding previous regulations. approval unless construction has been initiated. This chapter regulating sewer service and use (Ord. 189 (part), 1975) supersedes all previous regulation and policies of the city governing items covered in this chapter.

smaller in diameter connecting directly to a trunk sewer. Article IV Sewerage Construction and Sewer A. Any person desiring to connect a sewer six Use inches or smaller in diameter directly to a trunk sewer of the city shall make written application

The applicant shall fur-

construction. nish such additional information as required by A. No person, other than employees of the the city administrator to substantiate that the city or persons contracting to do work for the proposed work or use will comply with the provi- city, shall construct or cause to be constructed, or sions of this chapter. alter or cause to be altered, any public sewer, B. Direct attachment of a sewer six inches or lateral sewer, house connection or industrial smaller in diameter to a trunk sewer will be per- connection sewer over six inches in diameter, mitted only if the city administrator determines L)sewerage pumping plant, or other sewerage facil- that a suitable local sewer is not available, that ity within the city where existing or proposed adequate trunk sewer capacity exists. that the wastewater flows will discharge directly or indi- connection will function properly and that the rectly to facilities of the city without first obtain- connection will not adversely affect existing or ing approval of sewerage construction plans anticipated facilities or operations of the city. from the city administrator. C. Sewers six inches or smaller in diameter to B. The applicant shall submit to the city be attached to a trunk sewer shall be constructed administrator for approval construction plans in a manner and at the location specified by the and such specifications and other details as city. Inspection of the connections to a trunk required to describe fully the proposed sewerage sewer shall be made by personnel of the city in facility. The plans shall have been prepared the manner described in Section 13.08.430. under the supervision of and shall be signed by an D. No sewer exceeding six inches in diameter engineer of suitable training registered in the shall be connected directly to a trunk sewer with- state. out the prior approval of plans for sewerage C. Plans for sewerage construction shall not construction in accordance with Section be approved by the city administrator for any 13.08.410. (Ord. 189 (part), 197 5) facility which will convey industrial wastewater unless the discharger has first obtained a city 13.08.430 Inspection of construction. permit_for industrial wastewater discharge. A. All sewers to be attached directly to a trunk D. Plans for sewerage construction shall meet sewer shall be inspected by personnel of the city all design requirements as established from time during construction. At least forty-eight hours to time by the city administrator. prior to cutting into a sewer, the city shall be

204

13.08.430

notified. In making a connection to a trunk sewer, 1. Any gasoline, benzene, naphtha, solvent, fuel no physical alteration of the city facilities shall oil or any liquid, solid or gas that would cause or commence until an inspector is present. tend to cause flammable or explosive conditions to B. Sewerage facilities which will not be directly result in the sewerage system; connected to a city sewer will not be inspected 2. Any waste containing toxic or poisonous sol- routinely by the city during construction. Upon ids, liquids or gases in such quantities that, alone or completion of construction and prior to removal of in combination with other waste substances, may the downstream bulkhead and upon receiving forty- create a hazard for humans, animals or the local eight hours' notice, the city will inspect the work to environment, interfere detrimentally with wastewater determine if it has been constructed in a satisfactory treatment processes, cause a public nuisance, or manner and to determine if all facilities are cleaned cause any hazardous condition to occur in the sew- of construction debris that could be flushed into the erage system; sewer system. 3. Any waste having a pH lower than 6.0 or C. No wastewater shall be discharged into any having any corrosive or detrimental characteristic sewerage facility tributary, to a city facility prior to that may cause injury to wastewater treatment or obtaining inspection and approval of sewage con- maintenance personnel or. may cause damage to struction by the city. structures, equipment or other physical facilities of D. Following satisfactory completion of con- the sewerage system; struction, the city will issue a construction inspec- 4. Any solids or viscous substances of such size tion certificate upon request. (Ord. 189 (part), 1975) or in such quantity that they may cause obstruction to flow in ·the sewer or be detrimental to proper

These objec-

transferable. tionable substances include, but are not limited to, Approval of plans for sewerage construction are asphalt, dead animals, offal, ashes, sand, mud, straw, not transferable from one person to another.person industrial process shavings, metal, glass, rags, or from one location to another location. (Ord. 189 feathers, tar, plastics, wood, whole blood, paunch (part), 1975) manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other similar

A. In most cases the concentration or amount of 5. Any rainwater, stormwater, groundwater, any particular constituent which will be judged to street drainage, subsurface drainage, roof drainage, be excessive or unreasonable cannot be foreseen but yard drainage, water from yard fountains, ponds, or will depend on the results of technical determina- lawn sprays or any other uncontaminated water; tions and the actions of regulatory agencies. The list 6. Any water added for the purpose of diluting of constituents which may be regulated provides wastes which would otherwise exceed applicable specific limits only where they are not reasonably maximum concentration limitations; well established. 7. • Any nonbiodegradable cutting oils, commonly B. The other constituents in the list are presented called soluble oil, which form persistent water emul- with the objective of enumerating the types of sions; wastes which will be regulated from time to time. 8. Any excessive concentrations of non-biode- C. No person shall discharge or cause to be dis- gradable oil, petroleum oil or refined petroleum charged to a public sewer, which directly or indi- products; rectly connects to the city sewerage system, the 9. Any dispersed biodegradable oils and fats, following wastes: such as lard, tallow or vegetable oil in excessive

) 205 (Dos Palos 9-98)

13.08.450

concentrations that would tend to cause adverse 28. Recognizable portions of the human anatomy. effects on the sewerage system; (Ord. 189 (part), 1975) 10. Any waste with an excessively high concen- tration of cyanide; 13.08.460 Industrial wastewater discharges 1 1. Any unreasonably large amounts of undis- prohibited. solved or dissolved solids; No industrial wastewaters shall be discharged to 1_2. Any wastes with excessively high BOD, COD a trunk sewer or to a sewer discharging directly or or decomposable organic content; indirectly_to a trunk sewer until a permit for indus- 13. Any strongly odorous waste or waste tending trial wastewater discharge has been approved by the to create odors; city. (Ord. 189 (part), 1975) 14. Any wastes containing over 0.1 milligram/ liter of dissolved sulfides; 13.08.461 Septage or septic tank discharges. 15. Any wastes with a pH high enough to cause A. No septage or septic tank liquids or solids alkaline incrustations on sewer walls; may be discharged into the city's wastewater plant 16. Any substance promoting or causing the or wastewater system by any finn or individual, promotion of toxic gases; unless said finn or individual has completed all of 17. Any waste having a temperature of 120° the following: Fahrenheit or higher; 1. The firm or individual must hold a current 18. Any wastes requiring an excessive quantity and valid city business license and a valid county of chlorine or other chemical compound used for septic service license. disinfection purposes; 2. The finn or individual must show proof upon 19. Any excessive amounts of chlorinated hy- application and must have a minimum of one mil- drocarbon or organic phosphorus type compounds; lion dollars liability and property coverage and 20. Any excessive amount of deionized water, name the city as an additional insured. steam condensate or distilled water, B. The city reserves the right to discontinue the 21. Any waste containing substances that may acceptance of septage or septic tank discharges into precipitate, solidify or become viscous at tempera- its wastewater plant or system at any time to any tures between 50° Fahrenheit and 100° Fahrenheit; firm or individual if any of the following occur: 22. Any waste producing excessive discoloration 1. The acceptance of septage or septic tank of wastewater or treatment plant effluent; discharges violates any provision of the waste dis- 23. Any garbage or waste that is not ground charge requirements as set by the California Re- sufficiently to pass through a three-eighths inch gional Water Quality Control Board. screen; 2. Any septage or septic tank discharge received 24. Any wastes containing excessive quantities of includes bloodborne mortuary waste, hazardous iron, boron, chromium, phenols, plastic resins, cop- materials, infectious waste, oil or other petroleum per, nickel, zinc, lead, mercury, cadmium, selenium, products, radiator antifreeze, coolant or fluid, or arsenic or any other objectionable materials toxic to restaurant grease. humans, animals, the local environment or to bio- 3. The septage or septic tank discharge load fails logical or other wastewater treatment processes; to meet the required 6.0 to 9.0 pH range. 25. Any blow-down or bleed water from cooling 4. The finn or individual fails to pay for said towers or other evaporative cookers exceeding one- privileges within the same timeframe as a utility bill third of the makeup water; or one month, whichever period is less. 26. Any single-pass cooling water; C. No finn or individual may discharge from a 27. Any excessive quantities of radioactive mate- unit with a capacity greater than one thousand eight rial wastes; hundred gallons. No finn or individual may dis-

(Dos Palos 9-98) 206

13.08.461

charge more than fifteen thousand gallons of septage direct the condition to be corrected. (Ord. 189 (part), within any one week. 1975) D. All testing or if necessary. cleaning costs shall be the responsibility of the finn or individual Article V Sewer Rates discharging into the city's system. E. The city council may designate a site for 13.08.510 Residential equivalents. acceptance of septage or septic discharge into the A. Toe charges for basic service, new connec- city's system or if no site is detennined. the utilities tions to, and increased utilization of existing connec- superintendent shall designate a site. tions shall all be based upon a unit of service which F. The city council may determine the necessity shall be tenned a ''residential equivalent." For the of having a city employee present when septage is purposes of this chapter, "residential equivalent" is discharged into the city's system. defined as that service necessary to transport, treat G. Toe city council shall have the authority to and dispose -of an amount of wastewater equal in set more restrictive or other specific rules by resolu- quantity to the daily amowit which, llllder existing tion governing the acceptance of septage or septic circumstances, can be expected to be discharged discharge into the city's wastewater plant or system. from an average single family :residence in the area. H. The utilities superintendent shall make an In tenns of quality, a residential equivalent shall be annual report to the city council regarding the ac- wastewater which does require more treatment than ceptance of septage and its effect on capacity. (Ord. is required for ordinance domestic sewage with a 345: 1997; Ord. 34il (part), 1997) BOD5 equal to two hundred fifty._ B. In the event that the discharge of wastewater

notification. residentlal equivalent given in this section in either The worlc. of adjusting manholes on the sewer quantity or quality, then such connection shall be system to new grades will be performed in the pres- charged a basic service charge equal to the estab- ence of city persoilllel in cooperation with the con- lished basic charge for a single residential equivalent tractor in accordance with established procedures of times the number of residential equivalents con- the city. The person proposing or perfonning work tained in such discharge. necessitating the adjustment of manholes to a new C. The city shall determine the number of resi- . grade shall be responsible for notifying the city in dential equivalents for each connection in accor- advance of the worlc. and shall pay all costs in- dance with the tabulations found in Table 13.08.510. volved. (Ord. 189 (part), 1975) D. In the event that the city has reason to believe that the number of residential equivalents calculated

sewers. would not be accurate, or if an industry or other Toe city reserves the right to inspect any existing business not included-in Table 13.08510 of this lateral or collecting sewers that discharge waste- chapter connects to the system, then the city engi- water directly or indirectly to trunk services. If it is neer shall investigate such comection and make a found that such lateral or collecting sewers are separate detennination of the number of residential improperly used or improperly maintained, thereby equivalents contained in the discharge and report bis causing discharge of septic wastewater, excess findings to the city council. Upon approval of the groundwater, debris or any other objectionable sub- report by the council, the basic service charge would stance to the city sewers, the city administrator will be based upon the city engineer's findings. (Ord. give notice of the unsatisfactory conditions and shall 189 (part), 1975)

207 (Dos Palos 9-98)

13.08.520

13.08.520 Basic charge-Designated. per of general circulation in the city. (Ord. 227 § 1 The charge for the basic service per residential (part), 1979: Ord. 189 (part), 1975) equivalent or portion thereof shall be established by resolution of the city council and published in a newspaper of general circulation in the city. (Ord. 227 § 1 (part), 1979: Ord. 189 (part), 1975)

Any and all home occupations permitted shall pay commercial sewer charges, fees or rates as set by the city in addition to any residential water, sewer, or refuse charges, fees or rates charged to the resi- _dential unit(s) attached or on the same lot or parcel. (Ord. 321 (part), 1994)

of discharge. In the event that a connection discharges wastewat.er to the system in amounts that vary sub- stantially from season to season, then such connec- tion shall pay a basic service charge for the entire year based upon the period of greatest discharge and no reduction shall be allowed for periods -of de- creased flow. (Ord. 189 (part), 1975)

The minimum basic service charge shall be that amount established for a residential equivalent in Section 13.08.510 of this chapter. (Ord. 189 (part), 1975)

Any new connection to the sewer system of the city shall pay a connection charge as set forth in Section 13.08.560 of this chapter, plus actual cost to the city for any construction work, materials, meter or other appurtenances furnished by the city in making such connection. (Ord. 189 (part), 1975)

The connection charge which shall be considered to be a partial payment for a proportionate part of the existing facility shall be established by resolu- tion of the city council and published in a newspa-

(Dos Palos 9-98) 208

,,_...... ......... ,-, , TABLE 13.08.510

Residential
Establishments Unit Contribution Equivalents

Apartments Unit 200 GPD/unit UnitX 1.00
Bars, taverns Seat 20 GPD/seat # Seats X .057
Bowling alleys Alley 200 GPD/alley # Alleys X .571
Garages Employee 50 GPO/employee # Employees X .143
Hospitals Bed 200 GPD/bed # Bed X .571
Hotels Room 150 GPD/room # Rooms X .429
Laundromats Machine 250 GPO/machine # Machines X .714
Motels Room 100 GPD/ioom # Rooms X .286
Nursing homes Bed 150 GPD/bed # Beds X .429

OFFICES

General Employee 50 GPO/employee # Employees X .143
Medical Employee 50 GPO/employee # Employees X .143

RESIDENTIAL UNITS

All. including mobile
home parlcs units Living 350 GPO/living units # Living units X 1.0

RESTAURANTS

Average Seat 35 GPD/seat # Seats X .10
24-hour Seat 50 GPD/seat # Seats X .143

SCHOOLS

Elementary Person 20 GPO/person # Persons X .057
High school Person 25 GPO/person # Persons X .071
Seivice station Set of pumps 500 GPD/set of pumps # Set of pumps X
1.429 ,
Stores, retail Employee 50 GPD/employee # Employees X .143

THEATERS

Indoor Seat 10 GPD/seat # Seats X .029
Outdoor Stall 10 GPO/stall # Stalls X .029

209 (Dos Palos 9-98)

13.08.570

13.08.570 Connection charge-Outside city shall from time to time inspect premises within the limits. city to ascertain whether the rates established in this No person shall connect property outside the city chapter, or others later established, are properly limits to the city's public sewer system without first applied, and shall have in this connection the same obtaining the consent of the council. All such con- powers with respect to inspection as those pertaining nections shall be upon such tenns and conditions as to the distribution of domestic water and the collec- may be deemed necessary and appropriate by the tion of garbage within the city. (Ord. 189 (part), council. (Ord. 189 (part), 1975) 1975)

use. Failure to pay the sums determined in accordance Whenever any user already cormected to the with this chapter shall carry the same penalties as sewer system of the city makes a change iii the those applicable to water service within the city. operations conducted on the property which will (Ord. 189 (part), 1975) result in a significant increase in the amount of capacity required to service the cormection, the 13.08.640 Nonowner deposit. charge shall be equal to the then current new con- The city's utility services deposit is a condition nection charge times the number of residential to granting an applicant utility service to the premis• equivalents ofincreased use. (Ord.189 (part), 1975) es herein described, when the applicant is not the owner of the premises. A cash deposit of seventy-

five dollars is required, unless the owner undertakes

In any case where the volume and/or quality of in writing to be responsible to the city in the event flow may be in doubt, the city may require that such of failure of the tenant to pay charges assessed by flow be metered to determine volume, and/or sam- the city for water, sewer and garbage services fur- pled _from time to time to determine quality. (Ord. nished the premises. The deposit will be refunded 189 (part), 1975) when the services are discontinued, provided all charges to the applicant by the city have been paid,

The rates fixed by this chapter may from time to (Ord. 247 § 2 (part), 1981) time be modified by the council, by resolution. Sewer rental charges to be made shall be based in part upon the use of the city sewer system. (Ord. 210 § 1, 1978: Ord. 189 (part), 1975)

discharges. The city council may fix rates for the discharge of septage or septic tank liquids or solids into the city's wastewater plant or system by resolution. The city council may from time to time modify these rates fixed by resolution. (Ord. 341 (part), 1997)

The superintendent of public works, or his agent,

(Dos Palos 9-98) 210

13.10.010

Chapter 13.10 13.10.260 Inspection.

WELLS 13.10.280 Abandoned wells.

Sections: 13.10.300 Appeals.

approval. 13.10.010 Chapter purpose.

validity. chapter is to protect the groundwaters of the state

compliance. people of the city by regulating the location, con-

standards. bility of the underground waters. It is unlawful for

equipment. A. "Abatement order" means both mandatory

13.10.130 Potable water-Well casing. construction, reconstruction, repair, or destruction of

annular space. ard of a well polluting or contaminating the ground-

clay. for. human consumption.

water. cement grout or other approved material placed

use. drilled hole.

drainage wells. facilities for the protection electrically of metallic

health officer. referred to as a cathodic protection. 13.10.240 Exceptions-Agricultural/ E. "Contamination" means an impairment of the garden and lawn wells. quality of water to a degree which may create a

installers. spread of disease.

210-1 (Dos Palos 9-98)

13.10.020

F. "Health officer" means the health officer of and a copy of the permit posted at the work site Merced County or his authorized representative. prior to commencement of drilling operations. G. "Person" means a natural person, indi- Any drilling contractor who fails to comply with vidual, firm, partnership, company, corpora- this requirement shall be in violation of this tion, association, joint venture, joint stock chapter. (Ord. 235 § 3 (part), 1980) company, organization, club, business trust, lessee, agent, steward, employee, unincorporated 13.10.040 Permit-Application and approval. association or representative of same. An application for a water well permit may be H. "Pollution" means an alteration of the submitted by inail, but construction of the well quality of water to a degree which unreasonably shall not be started until the permit application affects (I) such waters for beneficial uses, or (2) has been approved by the health officer. facilities which serve such beneficial uses. "Pollu- The city has seven days to return the applica- tion" may include contamination. tion to permittee. (Ord. 235 § 3 (part), 1980) I. "Sanitary seal" shall form a durable, weath- erproof, watertight, seal on the top of the well and 13.10.050 Permit-Fee-Period of validity. between the pump base and the concrete slab. An application shall be accompanied by a J. "Surface seal" means a monolithically nonrefundable permit fee, the amount of which poured concrete platform constructed around is set forth in Section 13.!0.3!0. A water well the top of the well casing on thoroughly com- permit shall be valid for a period of six months pacted earth. from the date of issuance. (Ord. 235 § 3 (part), K. "Well" or "water well," as defined in Sec- 1980) tion 13710 of the· Water Code, means any artificial excavation constructed by any method 13.10.060 Permit contingent on compliance. for the purpose of extracting water from, or Every permit issued shall be contingent upon injecting water into, the underground. This defi- compliance with the requirements specified in nition shall not include: (1) oil and gas wells, or this chapter and on the permit. For the purpose of geothermal wells constructed under the jurisdic- Sections 13.10.030 through 13.10.060, the term tion of the Department of Conservation, except "well" includes cathodic protection wells. (Ord. those wells converted to use as water wells; or (2) 235 § 3 (part), 1980) wells used for the purpose of (a) dewatering excavation during construction, or (b) stabliizing 13.10.070 Emergency exemption. hillsides or earth embankments. Should persons or property be threatened by a L. "Well pit" means an installation in which sudden, unforeseen impairment in the quantity the top of the well casing terminates below the or quality of water available, so that it becomes ground surface. (Ord. 235 § 2, 1980) necessary to obtain a new water supply or increase the existing supply, and a permit cannot

The owner of property upon which a well is a well may be constructed, deepened, or recon- located or proposed to be located, or his autho- structed without a permit. All work done under rized representative, shall apply for and obtain a such emergency conditions shall comply with permit from the city prior to the construction, the requirements of this chapter. In all such cases, reconstruction, deepening, or destruction of any the person who caused the work to be done shall, well within the city. In addition, it shall be the within forty-eight hours after such work is begun, responsibility of the drilling contractor to verify excluding weekends and holidays, obtain a per- that a permit has been secured by the landowner mit and file a statement with the health officer

211

13.10.070

indicating the reason for the emergency work. 13.10.100 Well pits prohibited-Exception. The health officer shall inspect the well and order The construction of a well pit is prohibited the person who caused the emergency work to be except in dewatering agricultural areas when dis- done to perform such other and further work, if charge is into facilities only. (Ord. 235 § 5(C), any, as shall be necessary to bring the well into 1980) conformity with the requirements of this chapter.. (Ord. 235 § 4, 1980) 13.10.110 Protective devices for pumping equipment.

standards. protective devices to effectively prevent the Except as may be otherwise specified in this entrance of foreign matter or back siphonage chapter, the standards for the construction, into the well casing. A properly designed air gap repair, reconstruction, or abandonment of wells may be considered an acceptable protective published in Chapter II and Appendices E, F, and device for agricultural wells. (Ord. 235 § 5(0), G of the Department of Water Resources Bul- 1980) letin No. 74, "Water Well Standards," state of California, and Bulletin 74-1, "Cathodic Protec- 13.10.120 Seals. tion, Well Standards," or as may be subsequently All wells except those listed in Sections revised or supplemented are incorporated in and 13.10.220 through 13.10.240 shall have a sanitary made an applicable section of this chapter: The seal, surface seal, annular seal and the top of an standards for the distances a well may be placed open casing to prevent contamination or pollu- from a septic tank, leach line, disposal field, tion of the groundwater resource. An access seepage pit, or sewer line published in the opening in the well casing or pump base for the "Guideline for Waste Disposal from Land Devel- purpose of disinfecting the well or measuring the opment," adopted December 15, 1972, by the water level shall be protected with a threaded, California Regional Water Quality Control watertight plug or cap. Wells requiring air vents Board are adopted and applicable. (Ord. 235 § shall be installed in an approved manner. (Ord. 5(A), i980) • 235 § 5(E), 1980)

All wells supplying potable water for human All wells shall be so constructed as to prevent consumption or domestic purposes shall be con- the entrance of surface water and foreign matter structed with a fifty-foot minimum, continuous, from any source into the well or into any aquifer, unperforated casing; except in areas where theand shall be separated a safe horizontal distance only potable water is at a depth ofless than fiftv from potential sources of contamination and feet. In such instances the depth to the first per- pollution. The following distances shall be main- forations in the well casing may be reduced to lesstained for all wells furnishing potable water for fifty feet if prior approval is granted by the healthhuman consumption: officer. (Ord. 235 § 5(F), 1980)

Agricultural/Garden
Items Domestic Well & Lawn Wells 13.10.140 Potable water-Sealing of annular
50 feet 50 feetSeptic tank-sewer lines
100 feet space. 100 feetLeaching field

Seepage pit/cesspool ISO feet 150 ti:et A. On all wells supplying potable water for human consumption or domestic purposes, the (Ord. 235 § 5{B), 1980) annular space between the well casing and the

212

13.10.140

wall of the drilled hole shall be effectively sealed 13.10.l 70 Wells penetrating corcoran clay. with cement grout or other approved material to All wells penetrating corcoran clay shall be protect against contamination or pollution by constructed in a manner such as to prevent the surface or subsurface waters. The following min- intermixing of waters above and below the corc- imum annular seal depths shall be required: oran clay layer. There shall be no perforations above and below the corcoran clay layer in the Depth of Annular Seal Below same casing. (Ord. 235 § 5(J), 1980) Type of Well Ground Surface Domestic wells 20 feet 13.10.180 Disinfection of wells for potable Industrial wells 50 feet water. All wells and associated equipment furnishing or in contact with potable water for domestic B. In rotary drilled wells constructed with a purposes shall be disinfected after the conductor casing (which allows the gravel pack construction, installation or repair of the well, to extend to the top of the well), the annular space pump, or storage equipment and prior to its u~ between the conductor casing and the wall of the or return to operation. (Ord. 235 § 5(K), 1980) drilled hole shall be sealed to the depth specified in this section. (Ord. 235 § 5(G), 1980) 13.10.190 Installation of seals prior to use. Except when a valid, verifiable emergency exists, the sanitary surface and annular seals on a13.10.150 Concrete surface seal or slab. well furnishing potable water for human con- A concrete surface seal or slab shall be con- sumption shall be installed prior to placing thestructed on the ground surface around the top of well into service. (Ord. 235 § 5(L), 1980)the well casing, and shall be free from cracks or other defects likely to detract from its water- 13.10.200 Maintenance responsibility.tightness. The slab shall be monolithically The owner shall continuously maintain, inpoured on thoroughly compacted native earth accordance with the provisions of this chapterand shall extend a minimum of four inches any well which is in or out of service, so as to beabove surrounding ground level, and shall be safe and to prevent pollution of any aquifier. Aextended at least two feet in all directions from properly maintained out-of-service well shall notthe well casing. The surface of the concrete slab be considered to be an abandoned well. (Ord. 235shall be graded away from the well casing in all § 5(M), 1980)directions for a distance of at least one foot from the casing, with a sufficient fall to drain water 13.10.210 Illegal connections.away from the casing. (Ord. 235 § 5(H), 1980) It is unlawful for any person, firm or corpora- tion to allow a connection to exist for any

A sanitary seal shall form a durable, weath- department system and any other source of water erproof and watertight seal on the top of the well: supply. (Ord. 235 § 5(N), I 980) between the pump base and the concrete slab; or between the pump base and the top of the well 13.10.220 Exceptions-Agricultural and casing. When a pump is offset or submerged, the drainage wells. opening between the well casing and any pipes or A. Agricultural wells and drainage wells used cables which enter the well shall be closed by a for dewatering agricultural areas. are exempted watertight seal or well cap. (Ord. 235 § 5(I), 1980) from the sanitary, surface, and annular seal

213

13.10.220

,,/';~

requirements, provided that they are located a 13.10.250 Well drillers and pump installers. '1 ' minimum distance of three hundred feet from a Wells shall be constructed and pumps installed domestic well furnishing potable water for by contractors licensed in accordance with the human consumption. However, the top of the provisions of the Contractors License Law ofthe open casing, or the space between the pump base state of California (Chapter 9, Division 3, Busi- and the casing, or between the pump base and a ness and Profession Code), unless exempted by concrete slab shall be effectively sealed or closed the Act. Nothing contained in this section shall off to prevent polluted surface waters, chemicals, preclude a resident or owner from doing his ciwn or any substances of a deleterious nature from work. (Ord. 235 § 7, 1980) entering the well and contaminating the ground- water supply.

A. A well site and surrounding property may fulfill all sanitary, surface and annular seal be inspected by the health officer at any time requirements as specified for domestic wells prior to or during the construction or destruction when located at a distance of less than three of any well. hundred feet from an existing domestic well fur- B. •The health officer shall be notified by nishing potable water for human consumption. either the property owner or the drilling contrac- C. A domestic well furnishing potable water tor twenty-four hours before any commence- for human consumption. shall not be drilled ment of any work. (Ord. 235 § 8, 1980) closer than three hundred feet from an existing agricultural or drainage well unless the existing well fulfills all sanitary, surface, and annular seal 13.10.270 Replacement of new wells. requirements as specified for domestic wells. If a new water well, for which a valid permit (Ord. 235 § 6(A), 1980) was obtained, should require abandonment and replacement within a period of one hundred

health officer. mit and fee shall not be required. In the event of The health officer may authorize an exception such an occurrence, the property owner shall to any provision of the standards set out in Sec- comply with the following provisions: tions 13.10.080 through 13.10.210 when, in his A. The health officer shall be notified before judgment, the application of such provisions is work on the replacement well is started and an unnecessary, or may impose additional require- inspection shall be made during the course of the ments if necessary to protect the quality of the construction. underground water resource. Specific conditions B. The new abandoned well shall be properly or exceptions will be prescribed on the variance destroyed in accordance with the methods andpermit. (Ord. 235 § 6(B), I980) requirements prescribed in the standards. ( Ord. 235 § 9, 1980)

and lawn wells. Agricultural/garden and lawn wells are 13.10.280 Abandoned wells. exempted from the annular seal and sanitary seal Every abandoned well shall be considered the requirements provided that they place a surface property owner's responsibility and shall be seal. The depth of these wells will be somewhere destroyed in accordance with the methods pre- between twenty-five and fifty feet and will not be scribed in the standards. The health officer shall for human consumption. (Ord. 235 § 6(C), 1980) have the authority to order the destruction or

214

13.10.280

repair of any abandoned well that is polluted or B. At the hearing of an appeal to the city unsafe or is so located as likely to become pol- council, any interested party may present oral or luted. (Ord. 235 § 10, 1980) written evidence. Following the hearing the city council shall render a decision upon the appeal and may sustain, modify, or reverse any action of

Any person who has constructed, deepened or shall be final. (Ord. 235 § 12, 1980) reconstructed a water well shall, within thirty days after completion of the work, furnish the 13.10.310 Fee schedule. health officer with an official copy of the "Water The following fee schedule has been estab- Well Driller's Report," (State of California lished to partially cover the administrative costs Department of Water Resources Form of issuing a permit and installation inspection: A. New well permit and installation inspec- #DWR-188). Information reported pursuant to tion, $15.00; this section shall not be divulged except on writ- B. Reconstruction of existing well, $ 10.00; ten request of the person reporting such informa- C. Abandoned well permit and inspection, tion or the permittee of the project. (Ord. 235 § None. (Ord. 235 § 13, 1980) 11, 1980)

The health officer shall enforce this chapter, 13.10.300 Appeals. and may perform all acts necessary or proper to A. Any person whose application for a permit accomplish the purposes of this chapter. (Ord. or for an approval has been revoked, denied, 235 § 14, 1980). modified or additional standards imposed, may, within thirty days after the date of such denial or 13.10.330 Violation-Penalty. revocation, appeal therefrom in writing to the Any person violating any of the provisions of city council. The city council shall set a date for this chapter shall be guilty of a misdemeanor, hearing said appeal and the applicant and the and upon conviction thereof shall be punished health officer shall be notified thereof. This sec- by a fine not to exceed five hundred dollars or by tion does not authorize appeals to the city coun- imprisonment in the county jail not to exceed six cil from any action of the health officer months, or by both such fine and imprisonment. authorized or required by state law or regulation. (Ord. 235 § 15, 1980)

215

()