Fresno Municipal Code Art. 4 Wells

(a) For the purpose of this article, the words "supply well" shall mean a well by means of which water is removed to the surface from its natural position in the ground below.

(b) The words "drainage well" shall mean a well whereby water is returned from the surface to the underground water reservoir.

(c) The words "monitoring well" shall mean any well or other excavation for the purpose of monitoring the quality of underground waters or the concentration of contaminants in underground waters. (Orig. Ord. 4187; Added Ord. No. 90-127, § 1, eff. 12-14-90).

(a) The drilling or digging of wells within the city, except by the City of Fresno, for any other purpose than for furnishing water in whole or in part for refrigeration, air conditioning, or for the purpose of furnishing water to any refrigeration or air-cooling system or unit, or for a drainage well in connection therewith, or for irrigation, or use as a monitoring well, is hereby prohibited; provided that the Public Works Director may issue a permit for the drilling and completion of a well pursuant to the following requirements.

(b) The Director may issue a permit for the drilling of a supply well for domestic, commercial or industrial purposes for temporary use only, under the following conditions:

(1) City water mains are not in place adjacent to the property involved.

(2) The Director has determined that it is not economically feasible or desirable to extend the city's water mains to serve the property at the time the request for service is made by the owner or lessee.

(3) The owner or lessee of the property has executed an agreement for the discontinuance of the use of the well and the capping of the same upon notice by the Director. Such notice shall be given immediately following installation of water mains adjacent to the property on which the well has been drilled.

(c) The Director may issue a permit for the drilling of a supply well to replace an existing well or to deepen an existing well supplying water for industrial food or beverage processing, or for irrigation of cemeteries providing that cemeteries are in compliance with the other provisions of this Code, when in the determination of the Director, the existing well which heretofore has served such purposes has become impaired and unusable, providing such well shall be permanently capped and closed.

(d) The Director may issue a permit for drilling of a new supply well for industrial food or beverage processing purposes, when in the determination of the Director the use of such well would significantly lessen the amount of the energy that would otherwise be consumed by the food or beverage processing operation.

(e) Issuance of a permit pursuant to subsections (b), (c) or (d) of this section shall in no way nullify or affect any provisions of Articles 5, 6, 7 and 8 of this Chapter or amendments thereto, which provide for the installation of water mains and the payment therefor.

(f) Any permit issued for the digging of a well for irrigation or food or beverage processing purposes shall be conditioned upon the installation of a water meter on such well at the permittee's expense and the payment by the user at the rate specified in Section 6-505 of this Code for all water drawn therefrom.

(g) The Director may issue a permit for the drilling of a monitoring well within a public right-of-way following satisfaction of the following requirements:

(1) Completion of an Environmental Assessment.

(2) Issuance of a Street Work Permit, in accordance with Sections 13-202, 13-203 and 13-204.

(3) Execution of an agreement providing indemnification for the city, protection of the public right-of-way, discontinuance of the use of the well and abandonment of the well upon notice by the Director. Such notice may be given for any reason at the Director's sole discretion. The Director is authorized to execute the required agreement on behalf of the City. (Orig. Ord. 4553; Am. Ord. 5309, 1964; Am. Ord. 73-120, § 7, eff. 8-16-73; Am. Ord. 80-115, § 107, eff. 8-8-80; Am. Ord. 81-83, § 1, eff. 8-7-81; Am. Ord. 86-22, § 3, eff. 3-22-85; Am. Ord. 90-127, §§ 2, 3, eff. 12-14-80).

No well shall be drilled within the City of Fresno by any person without first securing a permit therefor from the Director of Public Works. Before the drilling of any well is begun, the person desiring to drill such well shall pay to the Department of Public Works the amount designated in the Master Fee Resolution, and file a verified statement setting forth the location of the well, the purpose for which the water from such well will be used, and a detailed sketch of the proposed installation. The Director of Public Works shall thereupon investigate the proposed drilling of said well to determine whether the proposed drilling will pollute or imperil the public water supply of the city, and will conform to the requirements of this Code. If the Director of Public Works finds that the drilling of said well as proposed will not pollute or imperil the water supply of the city, and that the location of the proposed well meets the requirements set forth in Section 6-407, he shall issue a permit to drill the well, but otherwise he shall withhold the permit. The fee so paid shall cover the cost of such investigation, and shall not be returned to the applicant whether the permit is granted or refused. Where application for permit is made at the same time for two wells, one a supply well and one a drainage well, both of which are to be located on the same premises, the fee provided herein shall cover both wells. The permit fee is waived for governmental agencies including the county, school districts, and other special districts. (Orig. Ord. 4187; Am. Ord. 5805, 1960; Am. Ord. 6436, 1964; Am. Ord. 80-115, § 108, eff. 8-8-80).

In the event the head of the public works department issues a permit as provided in Section 6-403, he shall immediately notify the Health Officer of the applicant's name and the location of the proposed well, and said well shall be drilled under the supervision of the Health Officer of the City of Fresno and shall conform to all regulations made by the Health Officer to prevent the pollution or imperiling of the public water supply of the City of Fresno, and to the standards contained in Bulletin No. 74 entitled "Water Well Standards" published by the State of California Department of Water Resources. (Orig. Ord. 4187; Am. Ord. 73-112, § 1, eff. 8-26-73).

No well shall be drilled in the City of Fresno for the purposes of furnishing in whole or in part water for refrigeration or air-conditioning purposes or for the purpose of furnishing water to cool any refrigeration or air-conditioning system or unit where the water or any portion thereof from such well is returned to the sewer system of the City of Fresno or to the gutter of any street thereof. (Orig. Ord. 4187).

No drainage well shall be drilled in the City of Fresno for any use or purpose except for the return to the earth of water from a refrigeration or air-conditioning system or unit. (Orig. Ord. 4187).

No supply well or drainage well hereafter drilled in the City of Fresno shall be drilled closer than three hundred feet to the nearest well of the public water supply system of the City of Fresno and no drainage well shall hereafter be drilled closer than three hundred feet to any well used to furnish water for human consumption. Such drainage well may be installed in connection with the refrigeration or air conditioning unit or system in accordance with subsections (a)(1) and (a)(3) of Section 6-603. Such water shall be carried through the refrigeration or air conditioning system to the drainage well through a closed system of pipes. Drainage wells shall be of sufficient size and construction to provide for the efficient disposal of the water discharged therein. Drainage wells constructed to comply with the alternative allowed by subsection (a)(3) of Section 6-603 must receive approval of the Director of Public Works and be constructed according to plans approved by him at least forty-eight hours prior to drilling of the well. (Orig. Ord. 4724; Am. Ord. 6436, 1964).

(a) In the event the head of the public works department issues a permit for a drainage well, any person obtaining such permit shall submit to the Health Officer every ninety days a report of a bacteriologist acceptable to the Health Officer on a sample of water entering such drainage well. The samples shall be taken by said bacteriologist, or under his direction. In the event any such reports submitted show that the water contains bacteria or chemical, mineral or oily contamination or pollution of such nature that, in the opinion of the Health Officer, the water supply of the City of Fresno or any private water supply used for human consumption might be polluted or contaminated by the continued use of such well, then the head of the public works department shall have the right to order the discontinuance of the use thereof until such time as the Health Officer shall determine that the water of such well has been purified and approves the use thereof.

(b) The Health Officer shall file a written report quarterly with the head of the public works department covering all drainage wells for which a permit has been issued under this article and such other drainage wells hereto before installed.

(c) Monitoring well test results shall be reported to the Director and to other responsible regulatory authorities as required. (Orig. Ord. 4187; Am. Ord. 5309, 1958; Added Ord. 90-127, § 4, eff. 12-14-90).

Any person using water for refrigeration or airconditioning purposes as herein provided for shall also comply with all provisions of any state law or interstate commerce regulation relating to wells and drainage wells. (Orig. Ord. 4187).

No refrigerant, unless first approved by the Health Officer, shall be used in any refrigeration or airconditioning system in the City of Fresno which is cooled by means of water from any public or private water supply which is also used for human consumption or which water is returned to the ground through a drainage well. (Orig. Ord. 4187).

All drainage wells for water used in any airconditioning or refrigeration system, all wells used for the supplying of water to refrigeration or cooling system in the City of Fresno and all monitoring wells shall be sealed against surface water or other drainage water seeping or filtering into said drainage, supply or monitoring wells. (Orig. Ord. 4187; Am. Ord. 90-127, § 5, eff. 12-14-90).