Firebaugh Municipal Code § 21-1 Drilling Wells

[Ord. #295, S1; Ord. #90-1, S2; Ord. #93-1, S1; Ord. #93-3, S1; Ord. #00-10, S1]

No water wells of any type shall be drilled within the City of Firebaugh for domestic purposes or to produce water for human consumption, except by the City of Firebaugh. No new agricultural or irrigation wells of any type shall be drilled within the City of Firebaugh except in the "O" or "G" Zone Districts and only to replace an existing identical well which is concurrently abandoned. No water wells of any type shall be drilled within the City of Firebaugh for any other purpose unless a permit is obtained as provided hereinafter in this chapter.

[Ord. #295, S2; Ord. #90-1, S2]

Any private water well in use within the city shall be discontinued immediately, and the well shall be abandoned.

[Ord. #295, S3; Ord. #90-1, S2]

Every abandoned private water well within the city shall be capped or filled within 90 days at the expense of its owner, in the following manner: The owner shall present to the city engineer a plan for the filling or capping of the well which will protect the underground water supply beneath the city from intrusion of surface waters in such a manner as to contaminate presently existing levels of drinkable water, and to prevent the flow of brackish, saline or contaminated water from one level of ground water into a level in which the ground water is substantially uncontaminated, and not brackish or saline. If the city engineer certifies that the plan is workable and will meet these purposes, the well shall be filled and capped in accordance with the approved plan.

[Ord. #295, S4; Ord. #90-1, S2; Ord. #94-7, S1]

a. No well shall be drilled for the exploration or production of oil, gas or other hydrocarbons, except under the following circumstances: no well or excavation shall be made or drilled for the exploration or production of oil, gas or other hydrocarbons in any residential zone district. In nonresidential zone districts, and subject to any other process or requirements contained in the municipal code, the party proposing to drill shall submit to the city clerk a written plan for the drilling of the well, showing in detail the precautions which will be taken in order to insure that the integrity of the ground water supply is protected during the course of the drilling, while any oil, gas or other hydrocarbons are being produced, and in the event that the well becomes inoperative or is abandoned. With this application a fee of $100 shall be submitted to the city clerk. The application shall be referred to the city engineer, and no permit shall be issued by the city council for the drilling of the well unless the city engineer certifies that the plan, either as originally filed, or as revised by agreement between him and the driller, meets the objectives of protection of the ground water supply, set forth in the written plan. The city engineer shall recommend to the council the amount of the bond reasonably necessary to insure that the approved plan will be complied with during the original drilling, the production and in the event of any abandonment.

b. No permit shall be issued until the city council authorizes the issuance of a permit following a public hearing notice in the manner prescribed by subsection 25-4.2c3 of the Municipal Code. No such drilling shall be legal until the permit is issued. In the event of a dispute as to the reasonableness of the demands of the engineer or the city clerk, such dispute may be addressed to the city council and decided by them during the public hearing. At least 10 days' notice of any proposed hearing before the city council shall also be given to the city clerk, the city engineer, and the Central Valley Regional Water Quality Control Board.