Gustine Municipal Code Art. 2 Administration and Enforcement

The enforcement officer shall have the power under the following specified conditions to grant a variance from any provision of the standard referenced in this chapter and to prescribe alternative requirements in their place:

(1) There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard.

(2) The granting of such a variance is consistent with the purposes of this chapter.

(Code 1966, § 6-6.401)

(a) Any person whose application for a permit under this article has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the city council, in writing, within ten days after any such denial, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is taken, and shall be accompanied by a filing fee as set forth by resolution. The city clerk shall set such appeal for hearing at the earliest practicable time, and shall notify the appellant and the enforcement officer, in writing, of the time so set at least five days prior to the hearing.

(b) After such hearing, the city council may reverse or affirm, wholly or partly, or may modify the order or determination appealed from. Such action shall be final.

(Code 1966, §§ 6-6.801, 6-6.802)

The enforcement officer or representatives of the enforcement officer shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, he shall first present proper credentials and demand entry. If such premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of such premises and demand entry. If such entry is refused, he shall have recourse to such remedies as are provided by law to secure entry.

(Code 1966, § 6-6.901)

Pursuant to Water Code § 13225(c), the enforcement officer shall submit a report, not less than annually, to the California Regional Water Quality Control Board having jurisdiction in their area. This report shall contain the following data, unless the regional board determines a lesser amount of information is necessary:

(1) The number of wells constructed or destroyed.

(2) Descriptions of all well destructions undertaken by the enforcement officer using its regulatory authority under nuisance abatement powers.

(3) A description of each specific case where variances were granted and the circumstances that made a variance necessary.

(4) A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary.

(Code 1966, §§ 6-6.1201—6-6.1205)

The remedies available to the city council to enforce this chapter are in addition to any other remedies available under ordinance or statute, and do not replace or supplant any other remedy but are cumulative thereto.

(Code 1966, § 6-6.1104)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

(Code 1966, § 6-6.1101)

(a) Whenever the enforcement officer determines:

(1) That a well has not been completed in accordance with a well permit or the plans and specification relating thereto;

(2) That a well has been constructed without the required permit; or

(3) An abandoned well has not been destroyed in accordance with the standards, the enforcement officer may record a notice of violation with the officer of the county recorder.

The owner of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available. If the property owner or authorized agent disagree with the determination, he may submit evidence to the enforcement officer indicating that there is no violation and then shall have a right to appeal an adverse decision of the enforcement officer to the city council in accordance with the provisions of subsection (b) of this section.

(b) Upon receipt of the notice of appeal, the city council shall within 15 days following the filing of the appeal, set a date for public hearing thereon. The evidence before the city council shall consist of the records in the enforcement officer's files and any other relevant evidence which, in the judgment of the city council, should be considered to effectuate and implement the policies of this chapter. The city council may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final.

(c) The enforcement officer shall submit a removal of notice of violation to the county recorder when it is determined by the enforcement officer or the city council, after review, that no violation of this chapter exists; or all required and corrective work has been completed and approved by the enforcement officer.

(Code 1966, § 6-6.1102)

Violations of this chapter may also be readdressed in the manner set forth in this section by civil action. In addition to being subject to prosecution, any person who violates any of the provisions of this chapter may be made the subject of a civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery.

(Code 1966, § 6-6.1103)

(a) No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, cathodic protection well, observation well, monitoring well or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this chapter unless exempted by law.

(b) Any person who shall commence any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double standard permit fee.

(c) The provisions of this section shall not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall:

(1) Urgency. Satisfy the enforcement officer that such work was urgently necessary;

(2) Conformance with standards. Demonstrate that all work performed was in conformance with the technical standards as designated in section 6-3-4.

(Code 1966, § 6-6.201)

Applications for permits shall be made to the enforcement officer on forms approved by the agency and shall contain all such information the enforcement officer requires to accomplish the purposes of this chapter. The application shall be accompanied by the required filing fee. If the enforcement officer finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this chapter.

(Code 1966, § 6-6.202)

Filing fees may be set by the city council from time to time by resolution.

(Code 1966, § 6-6.203)

(a) Limitations. When the enforcement officer issues a permit pursuant to this chapter, he may condition the permit in any manner necessary to carry out the purposes of this chapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the enforcement officer finds necessary.

(b) Performance bond. The enforcement officer may require a performance bond as a condition to the permit.

(c) Persons permitted to work on wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 water well contractor's license in accordance with the provisions of law.

(d) Proper disposal of drilling fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connections with the permitted work.

(e) Abandoned wells. As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this chapter.

(f) Posting of permit. It shall be the responsibility of the permittee to maintain a copy of this permit on the drilling site during stages of construction or destruction.

(Code 1966, § 6-6.204)

The enforcement officer shall deny an application for a permit if, in his judgement, issuance of a permit is not in the public interest.

(Code 1966, § 6-6.205)

The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the enforcement officer may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit.

(Code 1966, § 6-6.206)

(a) Circumstances for such action. The enforcement officer may suspend or revoke any permit issued pursuant to this chapter, whenever he finds that the permittee has violated any of the provisions of this chapter, or has misrepresented any material fact in his application, or any supporting documents, for such a permit. Prior to ordering any such suspension or revocation, the enforcement officer shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the enforcement officer or designated representative. An appeal may be made as set forth in this section.

(b) Consequences. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the enforcement officer.

(c) Ordered additional work. Upon suspending or revoking any permit, the enforcement officer may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued pursuant to the chapter shall fail to comply with any such order.

(Code 1966, § 6-6.207)

The enforcement officer shall make an inspection of the annular seal construction work. He may make an initial inspection of each proposed drilling site, an inspection at the completion of the work, and inspections at such other times as he deems appropriate.

(Code 1966, § 6-6.601)

The enforcement officer may waive inspections should any of the following conditions exist:

(1) Well inspected by other agencies. Inspections may be waived where the work will be inspected by the staff of the state regional water quality control board or the state department of health services if these designated agencies will inspect and report to the enforcement officer on all drilling features required by the standards.

(2) Monitoring wells under specified conditions. Inspections may be waived for monitoring wells that will penetrate only formations that normally contain no water.

(3) Drilling sites known to have no threats to groundwater quality. Initial inspections may be waived when the drilling site is well known to the enforcement officer and it is known that no significant threats to groundwater quality exist in the area.

(Code 1966, § 6-6.605)

Upon receipt of an application, the enforcement officer may make an inspection of the drilling site prior to the issuance of a well permit. The purpose of this inspection is to determine whether there are any site conditions such that the enforcement officer shall do the following:

(1) Relocation of drilling site. Require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution.

(2) Additional conditions. Set additional conditions if needed to remediate any previously unknown groundwater quality protection problems.

(Code 1966, § 6-6.602)

The enforcement officer shall inspect the annular space grout depth prior to the sealing.

(1) Required notice. The enforcement officer shall be notified by the well driller a minimum of 24 hours prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement officer 24 hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

(2) Should enforcement officer fail to be present. If the enforcement officer wishes to allow a seal to be tremied or placed without inspection, the driller shall seal the well in accordance with the standards of this chapter and any permit conditions. No seal shall be tremied or placed until permission to proceed is given.

(Code 1966, § 6-6.603)

If requested by the enforcement officer, the driller shall notify the enforcement officer within seven days of the completion of their work at each drilling site. The enforcement officer may make a final inspection after completion of the work to determine whether the well was completed in accordance with this chapter.

(Code 1966, § 6-6.604)

Footnotes:

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State Law reference— Reports, Water Code § 13751 et seq.

The driller shall provide the enforcement officer a completion report within 30 days of the completion of any well construction, reconstruction, or destruction job.

(Code 1966, § 6-6.701)

(a) A copy of the report of completion (water well driller's report, state department of water resources form 188) required by Water Code § 13751 shall be submitted by the permittee to the enforcement officer within 30 days of construction, alteration, or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions.

(b) This section shall not be deemed to release any person from the requirement to file such report with the state department of water resources.

(Code 1966, § 6-6.702)

Reports required by this division shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies, or to any person who obtains a written authorization from the owner of the well. However, a report associated with a well located within two miles of an area affected or potentially affected by a known unauthorized release of a contaminant shall be made available to any person performing an environmental cleanup study associated with the unauthorized release, if the study is conducted under the order of a regulatory agency. A report released to a person conducting an environmental cleanup study shall not be used for any purpose other than for the purpose of conducting the study.

(Code 1966, § 6-6.704)

State Law reference— Similar provisions, Water Code § 13752.

Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of Water Code div. 7, ch. 10, art. 3 (Water Code § 13750.5 et seq.) relating to notices and reports of completion or any other federal, state, or local reporting regulations.

(Code 1966, § 6-6.704)