Merced Municipal Code Art. I General Provisions

The city of Merced relies on ground water as its sole source for public drinking water. Protection of the quality of ground water is essential to ensure future prosperity and health. The purpose of this chapter is to provide standards for location, construction, maintenance, rehabilitation, sealing, abandonment and destruction of all wells, test wells and certain exploration holes so the quality of the ground water is not polluted, contaminated or otherwise impacted in a manner which will jeopardize the health, safety or welfare of the citizens of the city. The intent of these standards is to prevent mixing or transfer of degraded waters into aquifers of good quality water through wells or open borings. These standards are written to address the specific hydrogeologic conditions of the city.

(Ord. 1754 § 1, 1990: prior code § 29.1).

The standards set forth in this chapter apply to all new and existing water wells, monitoring wells, cathodic protection wells, test wells and those exploratory holes deeper than twenty feet within the jurisdictional boundaries of the city.

(Ord. 1754 § 1, 1990: prior code § 29.2).

The city is underlain by various geologic units which consist of unconsolidated and consolidated sediments that contain permeable layers, or aquifers, of varying depth and dimension intermixed with low permeability sediments. The city's water supply relies on the production of ground water from three aquifer zones which are separated by low permeability layers. These three aquifers are called the "shallow", "intermediate" and "Mehrten." Layers of lower permeability are common, but three distinctive and generally continuous layers are known. These low permeability layers are called the "shallow confining layer", the "Corcoran Clay" and the "300-foot clay." Deeper aquifers of good quality water may also exist and must be protected.

Recent pollution and contamination by organic chemicals has been found in the shallow and intermediate aquifers. Because it has been determined that ground water problems are known to exist, all ground water within the city's sphere of influence is hereby designated, pursuant to authority granted under the State of California Water Code, Section 13801, as requiring "Special Ground Water Protection." The intent of this chapter is to minimize the impacts and prevent the migration of harmful chemicals into aquifers used by the city.

(Ord. 1754 § 1, 1990: prior code § 29.3).

A. Implementation, performance of inspections, and enforcement of compliance with this chapter shall be the responsibility of the director or his assignee.

B. Within five years from the effective date of the ordinance codified in this chapter, the owner, operator or permittee of an existing private well within the city must destroy any existing well in accordance with this chapter.

C. All persons owning an abandoned well within the city shall destroy the well before December 31, 1991.

D. The director may require, at any time, the destruction of a private well which causes or threatens to cause the spread of pollution or which adversely impacts the quality of ground water.

E. The director may implement the destruction of any well which causes or threatens to cause the spread of pollution, if the owner, operator or permittee of such well has not destroyed the well within ninety (90) days of receipt of a written notice requiring the destruction of the well. Costs incurred by the city to destroy a private well shall be the responsibility of the well's owners, operators and permittees.

F. The director or his designee shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of enforcement and administration of this chapter.

G. Drilling or construction of a new private well or rehabilitation of an existing or abandoned well within the city is not permitted. New exploratory holes, cathodic protection wells, monitoring wells and contaminant extraction wells are permitted, provided all provisions of this chapter are followed, a well permit form is filed with the department of public works and approved by the director, and required fees are paid.

(Ord. 2285 § 1, 2007: Ord. 1754 § 1, 1990: prior code § 29.4).

A. If compliance with any of the requirements prescribed in this chapter is impractical for a particular location because of unusual conditions, or if compliance would result in construction of an unsatisfactory well, then the director may, upon written request from the well owner or permittee, waive compliance and prescribe alternative requirements which are "equal to" these standards in protection of ground water quality. Specific conditions or exemptions will be described as a variance on the permit.

B. The construction, maintenance, rehabilitation, modification, and destruction of monitoring wells may be performed under the statutory and regulatory requirements of the California Regional Water Quality Control Board, the State Department of Health Services, the Merced County Department of Health, or the U.S. Environmental Protection Agency. If, on a specific site, provisions in this ordinance are in conflict with well standards prescribed by these other agencies, then the director may, upon written request from the well owner or permittee, waive compliance provided the other agency's well standards provide equal or greater protection of ground water quality.

C. The requirement of subsection B of Section 8.12.040 that existing private wells be destroyed, may be waived by the city upon a determination by the director of public works operations that:

1. The well has value for the treatment and/or monitoring of chemical or other contamination of ground water, and

2. The well is constructed and will be operated in a manner which will avoid further contamination of ground water; and

3. The city is allowed unimpeded access to the well pursuant to Section 8.12.040(F).

D. A waiver granted pursuant to subsection C above shall terminate upon written notice to the well owner by the director of public works operations that one or more of the above conditions no longer exists. In such event the well owner shall destroy the well within ninety (90) days of receipt of the notice. If the well has not been destroyed within said ninety (90) days, the director of public works operations may destroy the well. Costs incurred by the city to destroy the well shall be the responsibility of the well's owners, operators and permittees.

(Ord. 1863 § 1, 1993: Ord. 1754 § 1, 1990).

A. The construction standards prescribed in Section 8.12.320 do not apply to shallow exploration borings or test wells unless one or more of the following occurs:

1. Ground water is encountered;

2. The shallow clay layer or the Corcoran Clay is penetrated; or

3. Pollution or contamination of the soil or ground water is known or suspected at the site of drilling.

B. All other sections of this chapter, including the reporting and destruction provision of Sections 8.12.080 and 8.12.330 shall apply to all wells, test wells and those exploratory borings of a depth greater than twenty feet.

(Ord. 1754 § 1, 1990).

The construction, rehabilitation, modification, or destruction of all wells shall be performed by contractors with a valid C-57 license in accordance with the provisions of the Contractors' License Law (Chapter 9 of Division 3 of the California Business and Professions Code) unless exempted by that act. Nothing in this chapter shall preclude a resident or owner from doing his own work provided such work is performed under the direct and continuous supervision of a person licensed as specified above.

(Ord. 1754 § 1, 1990).

A. Reports concerning the location, construction, sealing, rehabilitation, modification, or destruction of all wells shall be filed with the city department of public works, county of Merced department of health, and the California department of water resources in accordance with the provisions of Sections 13750 through 13754 (Division 7, Chapter 10, Article 3) of the California Water Code.

B. Within thirty days after completion of work authorized by a permit, a copy of the state "Water Well Drillers Report" shall be filed with the city department of public works and the county of Merced department of health.

C. Authorization for drilling in the course of contamination investigations shall be contingent upon submission of work plans, investigative reports, and/or remedial action plans as determined by the director to be necessary for the evaluation of potential impacts to the city's water supply.

(Ord. 1863 § 2, 1993: Ord. 1754 § 1, 1990).

A. Notwithstanding any other provision of this chapter, if the director determines an application to close a well involves a well containing evidence of contamination or otherwise constituting a threat to the city's water supply or public health, the director may either (1) require the well be kept open for monitoring until such time as the director determines the contamination is cleaned up or the well is no longer a threat to the city's water supply or public health; or (2) allow the owner of the well to transfer the well to city subject to B.

B. Any agreement for transfer of a well to the city shall provide for indemnification of the city for environmental hazards, payment of costs of evaluation of the well for transfer, and reimbursement of the director's estimated closure expenses.

(Ord. 2017 § 1, 1999).