Irvine Municipal Code Ch. 2 Water

The following terms, as used in this article, shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Beneficial use or beneficial purpose: The causing, suffering or permitting of any water pumped or flowing from any well to be used for the purpose of irrigation of lands and/or for domestic use and/or for the propagation of fish.

Irrigation of land: The artificial application of water to lands whenever rainfall is insufficient to meet the full water requirements of crops, applied to lands in such quantities and in such manner, from time-to-time during the growing season of the trees or plants being irrigated, as will provide sufficient moisture to promote plant growth, having reference to the particular kind of crops grown and the particular type of soil involved.

Propagation of fish: The breeding and/or propagating of edible or pet species of fish where such breeding and/or propagation is carried on as a commercial enterprise.

Unnecessarily flow: The causing, suffering or permitting water flowing from an artesian well or pumped from a pumping well to be stored or used for any purpose other than a beneficial use or beneficial purpose, as defined in this section.

Waste of water:

A. The causing, suffering or permitting of any water pumped or flowing from any well to run into any river, creek or other natural watercourse, or channel, or into any bay or pond, or artificial reservoir, or into any street, road or highway, unless it be used thereafter for a beneficial purpose; and where such water is caused, suffered or permitted to be run into any pond or artificial reservoir, such storing of water shall be deemed a waste of water, unless it is used thereon for the beneficial purposes of domestic use, and or propagation of fish, and/or thereafter removed therefrom and used for the beneficial purpose of irrigation.

B. The causing, suffering or permitting any water pumped or flowing from any well to run upon the land of any person, or upon the public lands of the United States, or the State, unless it be used thereon for the beneficial purposes of irrigation thereof, or for the propagation of fish.

C. The causing, suffering or permitting any water pumped or flowing from any well to be used for a beneficial purpose, where such beneficial use allows more than five percent of the water so pumped to escape in such a way as would define the use of such escaped water to be classified as "waste of water" under this section.

Water well orwells: An artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground, commonly known and designated as an artesian well; or any well from which water is obtained by means of a pump or other mechanical device, commonly known and designated as a pumping well.

(Code 1976, § VI.H-201; Ord. No. 27, § 45.011, 4-17-72)

It shall be unlawful for any person, either as owner, tenant, manager, agent or employee, to cause, permit or suffer any water well or wells, under the ownership, control or management of such person to be operated or used in such manner as to create waste of water.

(Code 1976, § VI.H-202; Ord. No. 27, § 45.012, 4-17-72)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned and abandonment: A well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his or her intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the Health Officer.

Agricultural well: A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

Cathodic protection well: Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection, electrically, of metallic equipment in contact with the ground, commonly referred to as a cathodic protection well or a deep anode.

Community water supply well: A water well used to supply water for domestic purposes in systems subject to Health and Safety Code div. 104, ch. 4 (Health and Safety Code § 116270 et seq.).

Construct, reconstruct (construction, reconstruction): To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.

Destruction: The proper filling and sealing of a well that is no longer useful so as to assure that the groundwater is protected and to eliminate a potential physical hazard.

Electrical grounding well: Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.

Health Officer: The County Health Officer or his or her designee.

Individual domestic well: A water well used to supply water for domestic needs of an individual residence or commercial establishment.

Industrial well: A water well used to supply an industry on an individual basis.

Observation well: A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

Permit: A written permit issued by the Health Officer permitting the construction, reconstruction, destruction or abandonment of a well.

Public nuisance: When applied to a well, any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.

Salt water (hydraulic) barrier well: A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

Test or exploratory hole: Any excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

Well: Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board. Wells shall not include:

A. Oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells;

B. Wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or

C. Other wells whose regulation is not necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board.

(Code 1976, § VI.H-221; Ord. No. 116, § 45.022, 9-24-74)

A. No person shall, within the City, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Health Officer as provided in this article.

B. Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Health Officer.

C. Nor shall any such person violate the terms of any order issued by the Well Standards Advisory Board or the Health Officer, issued pursuant to this article.

(Code 1976, § VI.H-225; Ord. No. 116, § 45.024, 9-24-74)

A. Applications for permits shall be made to the Health Officer containing such information as he or she shall require.

B. Each application shall be accompanied by a fee which shall be established by the City Council on the basis of the cost incurred in enforcing the provisions of this article. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance. Permits may be issued subject to any condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this article.

C. A permit may be cancelled or the conditions amended by the Health Officer if he or she determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this article.

(Code 1976, § VI.H-226; Ord. No. 116, § 45.025, 9-24-74)

The permittee under the provisions of this article shall notify the Health Officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the Health Officer and no permittee shall be deemed to have complied with this article or his or her permit until such inspection has been performed.

(Code 1976, § VI.H-227; Ord. No. 116, § 45.026, 9-24-74)

In the event a permit required by this article is denied or cancelled, the applicant or permit holder shall be given written notice by the Health Officer, which notice shall specify the reasons for his or her action and shall notify the applicant or permit holder of his or her right to request a hearing before the Well Standards Advisory Board within 10 days.

(Code 1976, § VI.H-228; Ord. No. 116, § 45.027, 9-24-74)

In the event the Health Officer determines that a well constitutes a public nuisance, he or she shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date and place at which a hearing shall be held by the Well Standards Advisory Board relating thereto, which date shall be not less than 10 nor more than 30 days after the date such notice is mailed. The notice shall state that in the event the Board determines that a public nuisance exists, a special assessment shall be imposed upon the land for any costs of abatement.

(Code 1976, § VI.H-229; Ord. No. 116, § 45.028, 9-24-74)

If the Health Officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he or she may abate the nuisance without giving notice. Within 24 hours after initiating such abatement, the Health Officer shall give notice of a hearing before the Well Standards Advisory Board in the manner prescribed in section 6-4-211.

(Code 1976, § VI.H-230; Ord. No. 116, § 45.029, 9-24-74)

A. At the time fixed for the hearing, the Well Standards Advisory Board shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the Board finds that a public nuisance exists, it shall direct the Health Officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the Board. The costs of such corrective work by the Health Officer shall become a special assessment upon the land pursuant to Section 6-4-215.

B. If the Board finds that a permit was improperly denied or cancelled, it shall order the Health Officer to issue or reinstate such permit.

(Code 1976, § VI.H-231; Ord. No. 116, § 45.0210, 9-24-74)

Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that parcel as provided in Government Code § 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedures and sale in the case of delinquency as provided for ordinary City taxes. The City shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.

(Code 1976, § VI.H-232; Ord. No. 116, § 45.0211, 9-24-74)

Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1. Well standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and groundwater conditions.

(Code 1976, § VI.H-233; Ord. No. 116, § 45.0212, 9-24-74)