La Palma Municipal Code Art. IV Abandoned Wells and Other Excavations

Footnotes:

--- (3) ---

State Law reference— Authority of City to declare and abate abandoned excavations from property, Government Code § 50230 et seq.; requirements for and penalties for failing to cover, fill or fence abandoned excavations or wells on private land, Health and Safety Code § 115700 et seq.

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:

Abandoning and ceasing to use any well or other excavation means any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises where the abandoned excavation is located or to minors under the age of 12 years; and any facilities or equipment used in connection with drilling oil, mining or exploring for minerals or diatomaceous soil which have been abandoned and which constitute a hazard endangering the safety and welfare of the people.

Other excavations means any opening in the surface of the ground which, in the opinion of the City Engineer or the Department of Public Works, may tend to cause contamination of the subsurface water.

Wells means any type of pits or holes sunk in the ground for the purpose of reaching or attempting to reach or obtain a supply of water.

(Code 1975, § 22-55; Ord. No. 136, § 1)

Every person before proceeding to perform any work or activity described in this article shall inform the City Engineer, at least 24 hours in advance of commencing such work. All work performed under this article shall be inspected and approved by an inspector from the City Community Services Department.

(Code 1975, § 22-56; Ord. No. 136, § 5)

Every person upon abandoning and ceasing to use any well or other excavation shall immediately place a decontaminating agent consisting of dry calcium hypochlorite containing 70 percent available chlorine into the well or other excavation so abandoned. One pound of the aforementioned decontaminating agent shall be placed in the well or other excavation per inch of diameter of the casing of the well or other excavation or per inch of diameter of the hole as originally excavated if there is no casing or if the casing is removed. Failure to use any well or other excavation for a period of 12 months shall constitute a presumption that the owner of such well or other excavation intended to abandon such well or other excavation.

(Code 1975, § 22-57; Ord. No. 136, § 2)

(a) After placing the aforementioned decontaminating agent in the well or other excavation being abandoned, every person shall thereupon fill such abandoned well or other excavation with the following mixture containing the following proportions of materials: 3,000 pounds of clean sand for each 376 pounds of cement as well as 40 gallons of water and four to six percent of entrained air.

(b) The City Engineer may designate alternative substances and materials to be used in particular situations of abandonment of any well or other excavation. In no case shall gravel be used to backfill any well or other excavation. Any abandoned well or other excavation shall be filled to a depth of 7½ feet below the future grade level as such level shall be determined by the City Engineer. If casing is to be removed from such well or other excavation, such casing shall be removed as the well or other excavation is filled with the aforementioned mixture or alternative substances. At no time shall the bottom of the casing being removed be at a distance greater than 20 feet above the level of the substance being used to fill the well or other excavation.

(Code 1975, § 22-58; Ord. No. 136, § 3)

(a) Every person, upon abandoning and ceasing to use any well or other excavation, shall, after filling such well or other excavation as provided in section 36-133, cap or seal such well or other excavation in such a manner that the top of such cap or seal shall stand at a depth of 4½ feet below the future grade level as such level shall be determined by the City Engineer. Any existing surface base of the well or other excavation shall be removed in addition to any casing of such well or other excavation to a depth of 5½ feet.

(b) The aforementioned cap or seal shall consist of concrete as defined by the City Engineer. Such cap or seal shall be at least 18 inches in thickness and shall extend at least 18 inches in all directions from the circumference of the casing or from the circumference of the well or other excavation. In addition, such concrete shall be placed in the well or other excavation to a depth of at least 18 inches from the bottom of such cap or seal. If the casing of the well or other excavation lying below the top of the aforementioned cap or seal is not removed, such casing shall extend six inches upward from the bottom of such cap or seal. The top three inches of such casing shall be flared or bent outward. At least one steel rod not less than three-quarters of an inch in diameter shall be driven through the casing at a depth of 12 inches below the bottom of such cap or seal. Each end of such steel rod shall extend at least two inches beyond the outside diameter of the casing.

(Code 1975, § 22-59; Ord. No. 136, § 4)

In addition to the penalties provided in sections 2-350 through 2-352, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be summarily abated as such by the City and each day such condition continues shall be regarded as a new and separate offense.

(Code 1975, § 22-60; Ord. No. 136, § 6)