Kingsburg Municipal Code Ch. 13.20 Water Wells

It is the purpose of this chapter to provide for the construction, repair and reconstruction of wells to the end that the ground water of this city will not be polluted or contaminated and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this city, for the destruction of abandoned wells, and for the abatements of wells found to be public nuisances to the end that all such wells will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety or welfare of the people of the city.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0000)

As used in this chapter, the following words shall have the meaning provided in this section:

"Abatement" means the construction, reconstruction, repair or destruction of a well so as to eliminate a nuisance caused by a well polluting or contaminating ground water.

"Agricultural wells" means water wells used to supply water for irrigation or other agricultural purposes, including so-called "stock wells".

"Community water supply well" means a water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code (commencing with Section 4010).

"Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

"Health officer" means the Kingsburg City water superintendent or his/her authorized representative, or the Fresno County health officer or his/her authorized representative if the city has at any time contracted with Fresno County for the Fresno County health department to perform the duties of the Kingsburg City health officer.

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

"Industrial wells" means water wells used to supply industry on an individual basis.

"Order of abatement" means both mandatory and prohibitory orders requiring or prohibiting one or more acts; said term shall also include those orders effective for a limited as well as an indefinite period of time, and shall include modifications or restatements of any order.

"Person" means any person, firm, corporation or governmental agency.

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

1. Such waters for beneficial uses; or

2. Facilities which serve such beneficial uses.

Pollution may include contamination.

"Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the ground. "Well" or "water well" shall not include:

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

2. Wells used for the purpose of de-watering excavation during construction, or stabilizing hillsides or earth embankments.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0001)

Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Article 3, Chapter 10, Division 7, of the Water Code of the state of California or any successor thereto.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0002)

No person shall, within the incorporated area of the city, construct, repair, reconstruct or abandon any well unless a written permit has first been obtained from the health officer as provided in this chapter, and the work conforms to the conditions of such permit and this chapter. Applications for such permits shall be made on the forms provided for that purpose and in accordance with procedure established by the city.

Each such application shall be accompanied by a filing fee set by resolution of the city council. No part of the fee shall be refundable.

Within ten (10) business days after receipt of the application, the city shall either grant, conditionally grant or deny the permit. If the application is not acted upon within said ten (10) day period, the application shall be deemed granted. A permit shall not be issued if, in the judgment of the city, the well may jeopardize the health, safety or welfare of the people of the city.

Construction, reconstruction, repair and destruction of wells shall be performed by a contractor with a C-57 contracting license, or an equivalent issued by the department of professional and vocational standards; provided, however, that a property owner may construct, reconstruct, repair or destroy a well on his/her own property, which well serves or will serve said property that is neither being offered for sale nor intended to be so offered.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0003)

A. Upon receipt of an application, an inspection of the well location shall be made by the city prior to issuance of a well permit.

B. After work has been completed, the city shall be notified by the person performing the work and the city shall make a final inspection of the completed work to determine compliance with the well standards.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0004)

Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed within one year following the issuance of the permit.

Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction, repair, reconstruction or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0005)

Standards for the construction, repair, reconstruction or abandonment of wells shall be as set forth in the current California Department of Water Resources Bulletin No. 74, "Water Well Standards, State of California", and Bulletin No. 74-1, "Cathodic Protection Well Standards" or as subsequently revised or supplemented, which are hereby incorporated by reference, with the following modification:

The minimum distance between all wells and subsurface sewage leaching fields or septic tanks shall be one hundred (100) feet.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0006)

The city shall have the power to allow variances from the standards referred to in Section 13.20.070 so as to prevent unnecessary hardship or injustice and at the same time accomplish the general purpose and intent of the standards.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0007)

A. A permit issued hereunder may be revoked or suspended by the city as hereinafter provided if he/she determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustments within thirty (30) days after receiving such notice.

B. A permit may be so revoked or suspended by the city if he/she determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation, provided that notice of the time and place of such hearing is given to the permittee at least five days prior thereto.

C. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee, and the time for filing an appeal to the city council has expired. The notice shall advise the permittee of his/her right to appeal to the city council and to stay the suspension or revocation pending such appeal.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0008)

The city may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, investigate the situation to determine whether such a nuisance does in fact exist. He/she shall have the power, when in the performance of his/her duty and upon first presenting his/her credentials and identifying him/herself as a duly authorized representative of the city to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of eight o'clock a.m. and six o'clock p.m., to discover or inspect anything or condition which appears to indicate such a nuisance. He/she may examine such premises, things or conditions, take such samples and make such test as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0009)

Whenever the city determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, he/she may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten (10) days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The city may for good cause extend the time specified in the order or otherwise modify or rescind the order.

The order of abatement shall advise the possessors and owners of the property of their right to appeal to the city council and to stay the order of abatement pending such appeal.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0010)

Any person whose application for a permit has been denied or whose permit once issued has been revoked or suspended, or who has been given an order of abatement may, within ten (10) days following the receipt of abatement, file an appeal in writing to the city council. Said appeal shall be accompanied by a filing fee as established by resolution and shall specify the grounds upon which the appeal is taken. The city clerk shall then proceed to set the matter for hearing, not later than twenty (20) days thereafter, and such appeal shall stay the effect of any order or action until the council hears the appeal and issues its order either to affirm, overrule or modify the action of the city. Notice of the hearing shall be mailed to the appealing party at least five days prior to the hearing.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0011)

In the event that a nuisance is not abated in accordance with an order of abatement, the city may, upon securing the approval of the city council, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the council.

(Amended during 5-08 supplement; Ord. 95-07 § 2 (part), 1995: prior code § 710-0012)

The health officer shall prepare and file with the city a clear report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property.

A hearing shall be held on said report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten (10) days prior to the date set for the hearing. The city council shall determine at the hearing the correct charge to be made for the work. If such costs are not paid by the owner of said property within thirty (30) days of the determination by the city council, they shall be assessed upon the property involved as a special assessment. The special assessment will then be collected at the same time and in the same manner as city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such special assessment.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0013)

This chapter shall not affect the right of the city to abate as a public nuisance pursuant to Article 9, Chapter 1, Division 1, Title 5, of the Government Code (commencing with Section 50230) any abandoned well which presents a safety hazard.

(Ord. 95-07 § 2 (part), 1995: prior code § 710-0014)