Fillmore Municipal Code Ch. 8.12 Groundwater Conservation

It is the purpose of this chapter to provide for the construction, maintenance, operation, use, repair, modification and destruction of wells within the city so that the groundwater will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize health, safety or welfare.

(Ord. 631 § 1 (part), 1990)

Unless the context otherwise requires, the following terms and phrases, as used in this chapter, shall have the following meanings:

"Abandoned well" means any of the following:

(1) A well, other than a monitoring well, which has been in continuous disuse for one year or more, unless such disuse is attributable to removal of the pump for repair or replacement and efforts to repair or replace the pump are being diligently pursued;

(2) A monitoring well from which no monitoring data has been taken for a period of three years;

(3) A well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this chapter; or

(4) An engineering test hole, twenty-four hours after construction and testing work has been completed on the site.

"Cathodic protection well" means any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground.

"City" means the city of Fillmore.

"City inspector" means a person authorized by the director to inspect all work for which a permit is issued pursuant to this chapter.

"Community water supply well" means any well which provides water for public water systems as defined in Section 4010.1(e) of the Health and Safety Code.

"Completion operation" means any of the following work conducted after artificial excavation:

(1) Placement of a well casing;

(2) Gravel packing;

(3) Sealing;

(4) Perforation of a well casing; or

(5) Any other work listed on a permit issued pursuant to this chapter as being a required part of a completion operation.

"Contamination" means an alteration of waters by waste, salt water intrusion or other material to a degree which creates a hazard to the public health through actual or potential poisoning or through an actual or potential spreading of disease.

"Department" means the city's public works department.

To "destroy" a well means to fill it (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the interchange of water among any water-bearing formations penetrated.

"Director" means the director of the department or his authorized representative.

"Engineering test hole" means an uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residence, commercial establishment or farming operation.

To "inspect" a well means to personally witness, record and certify work pursuant to a condition or conditions of a valid permit.

To "modify" or to "repair" a well means to replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a liner in the well, or to change the depth of the well.

"Monitoring well" means a cased or uncased well used exclusively for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

A person "owns" a well if such person is the owner of the land on which the well is located.

"Person" includes all governmental agencies.

"Pollution" means an alteration of waters by waste, salt water intrusion or other material to a degree which adversely affects either the suitability of such waters for beneficial uses or the facilities employed in conjunction with such beneficial uses.

A person "possesses" a well if such person is in actual possession of the well or has a legal right to the possession thereof.

"Registered inspector" means a professional engineer or registered geologist currently registered in California and approved by the director to inspect drilling and sealing operations for engineering test holes and monitoring wells. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one such professional shall be deemed qualified to perform required inspections, provided one such professional reviews the well inspection record and assumes responsibility for the accuracy and completeness of the work by signing the well inspection record.

"Water well" means any artificial excavation constructed by any method for the purpose of determining the availability of water, extracting water from or injecting water into the underground, except the following:

(1) Oil wells, gas wells, and geothermal wells subject to regulation under the provisions of Division 3 (commencing with Section 3000) of the Public Resources Code;

(2) Wells used exclusively for the purpose of dewatering excavation during construction or of stabilizing hillsides or earth embankments; and

(3) Seepage pits approved for use under permit from the department.

"Well" includes a cathodic protection well, engineering test hole, monitoring well or water well.

(Ord. 657 § 1(a), 1991; Ord. 631 § 1 (part), 1990)

No person shall, within the city, construct, repair, modify or destroy any cathodic protection well which is over fifty feet deep, any engineering test hole which is over fifty feet deep, any monitoring well, or any water well, unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the department as provided in this chapter. The director may issue an annual permit for one or more engineering test holes which are over fifty feet deep and are inspected by registered inspectors.

(Ord. 631 § 1 (part), 1990)

Applications for permits shall be made to the department, and shall include the following:

(1) A fully dimensioned plot plan indicating the exact location of the well with respect to the following items within a radius of five hundred feet of the well:

(A) Approximate property lines,

(B) Sewage disposal systems or works carrying or containing sewage,

(C) All intermittent or perennial, natural or artificial water bodies, watercourses and swales,

(D) Drainage pattern of the property,

(E) Existing wells of all types, regardless of whether they are subject to regulation under this chapter, and

(F) Access roads;

(2) Location of property;

(3) Name of the person who will perform the work on the well;

(4) Name and affiliation of registered inspector (monitoring wells and engineering test holes only);

(5) Proposed depth of well;

(6) Use of well;

(7) Proof satisfactory to the director that the person who will construct the well is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractor's License Law (Section 7000 et seq. of the Business and Professions Code);

(8) A certificate satisfying the requirements of the Worker's Compensation Law (Section 3800 of the Labor Code);

(9) Such other information as the director may deem necessary to determine whether underground waters will be protected.

Permits shall be issued or denied within fifteen days after the day on which the completed applications are received by the department.

(Ord. 631 § 1 (part), 1990)

Permits shall require compliance with all applicable standards set forth in Section 8.12.100. A permit, to be valid, must comply with all other applicable provisions of law. A permit shall expire six moths from the date of issuance unless it is extended by the director. The director may grant one or more extensions of a permit, each for a period not to exceed three months, if the permittee proves to the satisfaction of the director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering test holes expire one year from the date of issuance.

(Ord. 631 § 1 (part), 1990)

The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit.

(Ord. 631 § 1 (part), 1990)

Before the issuance of a permit or any extension thereof, the applicant may be required to post with the department a cash deposit or bond, in form suitable to the city attorney, to guarantee compliance with the provisions of this chapter and of the permit, in an amount deemed sufficient by the director to remedy improper work, but not in excess of the total estimated cost of the permitted work.

(Ord. 631 § 1 (part), 1990)

No person shall perform any work, either on his own property or on the property of another, for which a permit is required by Section 8.12.030, unless such person is in possession of a valid license appropriate to such work, issued in accordance with the Contractor's License Law (Section 7000 et seq. of the Business and Professions Code) and is registered with the department to perform work permitted by this chapter. Licensed water well contractors (Class C-57) registered with the department may perform all types of permitted work while licensed engineering contractors (Class C-61) registered with the department may only perform permitted work on engineering test holes.

(Ord. 657 § 1(b), 1991; Ord. 631 § 1 (part), 1990)

Any permit issued pursuant to this chapter is subject to suspension or termination prior to expiration as provided in this section.

(1) Grounds. Any of the following constitutes a ground for termination of the permit:

(A) Suspension, revocation or termination of the license, required by Section 8.12.080, of the person who is to perform the work;

(B) Failure of such person to comply with any provision of Section 3800 of the Labor Code; or

(C) Failure of such person, or of any person who owns or possesses the well, to comply with any provision of this chapter or of any permit issued pursuant thereto.

(2) Notice. To initiate proceedings to terminate a permit, the director shall send written notice to the permittee. The notice shall briefly describe the grounds for termination, shall specify a time and place of a hearing at which the permittee shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in termination of the permit.

(3) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The permittee shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within thirty calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether ground for termination exists. The determination of the director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If the determination is that grounds for termination exist, the director shall terminate the permit; provided, however, that the director shall have the discretion not to terminate the permit if the director determines that the offense was not willful, is not ongoing, and is not likely to recur.

(4) Prehearing Suspension. The director may suspend a permit, pending the hearing, when he determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The director shall notify the permittee of such suspension. The suspension shall remain in effect until the director makes a final determination after the hearing; provided, however, that the director may lift the suspension at any earlier time at which the director determines that it is no longer necessary.

This section shall not deprive the director or the city of the authority to pursue any other action or remedy otherwise available to them under the law.

(Ord. 631 § 1 (part), 1990)

Standards for the construction, repair, modification or destruction of wells shall be those set forth in the California Department of Water Resources Bulletin No. 74-1 entitled "Cathodic Protection Well Standards," Bulletin No. 74-9, Chapter IV, entitled "Water Well Standards—State of California," and Bulletin No. 74-81, Chapter II, entitled "Water Well Standards, Ventura County," as supplemented or revised from time to time by the California Department of Water Resources, with the following exceptions:

(1) The director may adopt additional or more stringent standards to be applicable in any or all zones of the city as delineated in aforementioned Bulletin No. 74-9.

(2) All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height equal to that of the pump slab or at least four inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16 mesh screen to prevent contaminating material from entering the vent.

(3) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substances and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of the aforementioned Bulletin No. 74-81.

(4) Engineering test holes greater than fifty feet deep shall be destroyed immediately upon completion of testing by complete filling or sealing of the borehole in accordance with criteria established by the director. The director may waive complete sealing if the permittee demonstrates to the director's satisfaction that the purpose of this chapter as set forth in Section 8.12.010 will be satisfied.

(Ord. 657 § 1(c), 1991; Ord. 631 § 1 (part), 1990)

Any person who has performed any work for which a permit is required by Section 8.12.030 and which involves drilling, digging, excavating or boring of a well shall, within thirty days after completion of such work, submit to the department an accurate and complete well log on forms satisfactory to the director. In areas for which the director deems the available subsurface information to be insufficient, the permit may require any person performing a completion operation to submit a well log prior to commencement of the completion operation. A well log shall include all of the following:

(1) A detailed record of the boundaries, character, size, distribution and color of all lithologic units penetrated;

(2) The type and size of well casing;

(3) The location of perforations and sealing zones;

(4) Reports on the quantity and quality of groundwater (if available); and

(5) Any other data required by the director in the permit conditions.

(Ord. 631 § 1 (part), 1990)

A registered inspector who has inspected any work pursuant to conditions of a permit required by Section 8.12.030 which involves drilling, digging, excavating or boring a well shall, within thirty days of completion of such work, submit to the department an accurate and complete well inspection report on forms satisfactory to the director. A well inspection report shall include all of the following:

(1) Permit number;

(2) Type and volume of sealing material and depth of seal;

(3) Diameter of borehole and well casing in sealed zone;

(4) Method of placement (if grout pipe, include number and length of sections);

(5) Confirmation that casing was ripped or perforated (destruction only);

(6) Conditions which may have caused sealing to be less than satisfactory;

(7) Date sealed;

(8) An opinion as to whether the well sealing operation was satisfactory or unsatisfactory, certified by signature of the registered inspector; and

(9) Any other data required by the director in the permit conditions.

(Ord. 631 § 1 (part), 1990)

Any well owner or possessor may be required to take corrective action with respect to the well as provided in this section.

(1) Grounds. Any of the following constitutes a ground for ordering corrective action:

(A) Maintenance, operation or use of the well in a manner that will cause or contribute to, or run a substantial risk of causing or contributing to, the pollution or contamination of the groundwater; or

(B) Construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this chapter.

(2) Notice. To initiate proceedings to order corrective action, the director shall send written notice to the owner or possessor of the well. The notice shall briefly describe the suspected occurrence which constitutes a ground for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence or that the proposed corrective action is inappropriate, and shall state that failure to appear and present such evidence may result in an order requiring such person to take some or all of the proposed corrective action.

(3) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The permittee shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within thirty calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether grounds for compelling corrective action exist and, if so, whether the proposed corrective action is appropriate. The determination of the director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.

(4) Order. If the determination is that grounds for compelling corrective work exist and that some or all of the proposed corrective action is appropriate, the director may issue and serve upon the person or persons who were served with notice of the hearing a written order requiring such corrective action. The order shall state a deadline for commencing the corrective action if such action is to be ongoing and shall state a deadline for completing the corrective action if such corrective action is not to be ongoing. The order shall further state that, if the corrective action is not taken in compliance with the order, such action may be taken by the city at the expense of the person served with the order and, in addition, such persons may be subject to criminal prosecution.

(5) Compliance. Any owner or possessor who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing and complete every corrective action described therein as not being ongoing. Any owner or possessor served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or possesses the well, continue to take every corrective action described in the order as ongoing, until such time as either the well is destroyed pursuant to this chapter or the director states in writing that such ongoing corrective action is no longer necessary.

(Ord. 631 § 1 (part), 1990)

No person shall own or possess an abandoned cathodic protection well which is over fifty feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over fifty feet deep, or an abandoned water well unless either such well has been destroyed pursuant to this chapter or a current certificate of exemption has been issued for such well pursuant to Section 8.12.150.

(Ord. 631 § 1 (part), 1990)

Any person who owns or possesses a water well or monitoring well which is abandoned or about to become abandoned but who intends to use such well again may apply to the director, in a form satisfactory to the director, for a certificate of exemption from the requirement that such well be destroyed. If the director determines from such application that exemption from the requirement that the well be destroyed would not result in pollution or contamination of groundwater and would not create a hazard to health or safety, the director shall issue such a certificate of exemption. A certificate of exemption shall expire three years after issuance and may be terminated by the director at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of the groundwater or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect to a well in the same manner as the original certificate.

(Ord. 631 § 1 (part), 1990)

The council may, by resolution, establish fees for the processing of any application for approval of a registered inspector for registration with the department pursuant to Section 8.12.080, or for a permit, extension of a permit, or certificate of exemption pursuant to this chapter. The payment of any fee established by such resolution shall accompany the application to which it pertains. If the application is withdrawn before issuance of the permit, the department shall compute the cost to the city of processing the application up to that point in accordance with the city's standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.

(Ord. 631 § 1 (part), 1990)

The director and his or her city inspectors may, at any reasonable times, enter any places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. The director may require that any work for which a permit is required by this chapter be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing operations for engineering test holes and monitoring wells if required by permit conditions.

(Ord. 631 § 1 (part), 1990)

Any person who violates any provision of this chapter is guilty of a misdemeanor, and is guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interest of justice, the accusatory pleading may specify that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.

(Ord. 631 § 1 (part), 1990)

If any corrective action required by an order issued pursuant to Section 8.12.130 is not performed in full compliance with such order, the director may cause the corrective action to be taken by the city and all persons required by Section 8.12.130 to take such corrective action shall be jointly and severally liable to the city for the cost of such action. In cases where the public health and safety require emergency corrective action, the director may cause the emergency corrective action to be taken without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the city for the cost of such action.

(Ord. 631 § 1 (part), 1990)

The provisions of this chapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or of Article 2 (commencing with Section 4521) of Chapter 5 of Division 4 of the Ventura County Ordinance Code. The director may also waive permit requirements for installation or destruction of monitoring and recovery wells which are not more than fifty feet deep to determine the extent of or remove underground tank contamination, pursuant to requirements of the state of California or the county of Ventura, if the director determines that the purposes of this chapter will be satisfied. The director may also waive permit requirements for installation or destruction of natural gas monitoring and recovery wells not more than fifty feet deep, pursuant to requirements of the state of California or the county of Ventura, if the director determines that the purposes of this chapter will be satisfied.

(Ord. 631 § 1 (part), 1990)