Article I — General Provisions

The city council of the city declares that the people of the city have an inalienable right to demand the protection of the groundwaters, and that the city council has the responsibility to protect these waters for the enjoyment, health, safety and welfare of the people. The city council further declares that the people of the city have a primary interest in the location, construction, maintenance and destruction of water wells, cathodic protection wells, test wells and geophysical wells that directly affect the quality and potability of underground waters.

(Prior code § 26A-1)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Abandoned well" means any well whose original purpose and use has been permanently discontinued or which is in such a state of disrepair that it cannot be used for its original purpose.

"Agricultural well" means any water well used to supply water for irrigation, livestock operation or other agricultural purposes not including any uses of domestic water.

"Air-conditioning wells" means wells constructed to return to the ground, in a closed system, well water which has been used as a coolant in air-conditioning processes.

"Board of trustees" means the board of trustees of the San Joaquin local health district.

"Cathodic protection well" means any artificial excavation in excess of fifty feet deep constructed by any means for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground (commonly referred to as cathodic protection).

"Contamination" means an impairment of the quality of the waters by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Contamination" includes any equivalent effect resulting from the disposal of waste, whether or not waters of the city are affected.

"Destruction of wells" means to restore as nearly as practicable those conditions which existed prior to the construction of the well.

"Disposal well" means a hole dug, bored or drilled into any known aquifers in which are deposited matters or substances, which, by reason of temperature or content, may be deleterious to groundwater.

"District health officer" means the health officer of the San Joaquin local health district or his authorized representative.

"Geophysical well" means a well used for testing or logging strata or to obtain data from the underground.

"Health district" means the San Joaquin local health district.

"Individual domestic water well" means any water well used to supply water for domestic needs of an individual residence or duplex.

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

"Injection or recharge well" means any well constructed to introduce water into the underground as a means of replenishing groundwater basins.

"Person" means any natural person, individual, firm, partnership, company, corporation, association, joint venture, joint stock company, organization, club, company, business trust, lessee, agent, servant, officer, employee, unincorporated association or representative of same.

"Pollution" means an alteration of the quality of the waters by waste to a degree which unreasonably affects (a) the value of such water for beneficial uses; or (b) facilities which serve such beneficial uses. "Pollution" may include contamination.

"Public domestic water supply well" means any water well used to supply domestic water to more than one individual parcel of property or any water supply which services any premises which contains a temporary or permanent resort, hotel, apartment house, triplex, motel, institution, labor camp, trailer park, gas station, cafe, school, subdivision or any commercial establishment.

"Pump contractor" means any person or company licensed by the state contractors license law, as provided in Division 3, Chapter 9 of the State Business and Professions Code, to install, service or repair a pump.

"Recharge well": see "injection well."

"Sanitary hazards" means inadequacies, actual or potential, which may permit the entrance of pollutants, contaminants or pathogenic organisms into the water, thereby impairing the water quality or rendering it injurious to public health.

"Seal, annular" means the cement grout between the conductor casing or bore and the casing.

"Seal, sanitary" means a grout, mastic or mechanical device used to make a watertight joint between the pump and casing or the concrete base.

"Seal, surface" means a monolithically poured concrete platform constructed around the top of the well casing on thoroughly compacted earth.

"Test well": see "geophysical well."

"Waters of the city" means any water, surface or underground, including saline waters, within the boundaries of the city.

"Water quality" is a term used to describe the chemical, physical and biological characteristics of water in respect to its suitability for a particular purpose. The same water may be of good quality for one purpose or use and bad or poor for another, depending upon its characteristics and requirements for the particular use.

"Well contractor" means any person or company licensed by the state contractors license law, as provided in Division 3, Chapter 9, of the State Business and Professions Code.

"Well pit" means an excavation in which the well head or top of well casing is installed below the ground surface.

"Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting or recharging groundwater or testing or logging of stratum to obtain data from the underground. This definition does not include:

a.

Oil and gas wells or geothermal wells constructed under jurisdiction of the department of conservation of the state except those wells converted to use as water wells;

b.

Wells used for the purpose of (i) dewatering excavation during construction or (ii) stabilizing hillsides or earth embankments.

(Prior code § 26A-2)

This chapter shall apply to all territory lying within the existing limits of the city as the same exist as of the effective date of the ordinance codified in this chapter or may be extended in the future.

(Prior code § 26A-3)

In all areas of the city where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water.

(Prior code § 26A-4)