Lake Forest Municipal Code Ch. 15.04 Well Construction and Abandonment

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

Abandoned and abandonment.

The terms "abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Community Development Department, his 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 Community Development Department. All such declarations shall be renewed annually and at such time be resubmitted to the Community Development Department 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.

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 removal of well casing and/or 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.

Director.

The Director of the Orange County Health Care Agency, or his or her designee.

Permit.

A written permit issued by the Director permitting the construction, reconstruction, destruction or abandonment of a well.

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 saltwater (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the Community Development Department and/or the Orange County Health Care Agency. Wells shall not include:

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;

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

Other wells whose regulation is not necessary to fulfill the purpose of this article as determined by the Community Development Department and/or the Orange County Health Care Agency.

(Ord. 165 § 1 (Exh. F), 2007)

A. No person shall 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 Director as provided in this article.

B. No person shall abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Director.

C. Applications for permits shall be made to the Director containing such information as the Director shall require. Each application shall be accompanied by a fee which shall be established by the City Council. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.

D. Permits may be issued subject to any condition or requirement found by the Director to be necessary to accomplish the purposes of this article. A permit may be canceled or the conditions amended by the Director if it is determined 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.

(Ord. 165 § 1 (Exh. F), 2007)

The permittee shall notify the Community Development Department and the Orange County Health Care Agency in writing upon completion of the work, and shall submit a report to the Community Development Department that includes a narrative and graphic description of the borehole in accordance with the Uniform Soil Classification System (USCS). The permittee shall also submit to the Community Development Department a copy of any report that is required to be submitted to the State Department of Water Resources. No work shall be deemed to have been completed until such written notification and the required reports have been received. A final inspection of the work shall be made by the Director and no permittee shall be deemed to have complied with this article or his permit until such inspection has been performed.

(Ord. 165 § 1, 2007)

In the event the Director determines that a well constitutes a public nuisance, a written notice shall be mailed 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 Community Development Department or Orange County Health Care Agency 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. The hearing shall be conducted in the same manner as other City nuisance abatement hearings are conducted, and the City may recover its costs of abatement in the same manner as in other nuisance abatement proceedings, as established by this Code.

(Ord. 165 § 1, 2007)

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 and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto. Well standards may be modified by the Director, where required to cope with the local geological and groundwater conditions.

(Ord. 165 § 1, 2007)