Merced Municipal Code Art. III Permit Procedures

A. Permits required by this chapter shall be subject to conditions set forth in this chapter or as required by law.

B. No person shall construct, rehabilitate, seal, modify, or destroy a test well, exploratory hole, cathodic protection well, monitoring well, or contaminant extraction well in the city unless a written permit has been obtained from the department of public works. No person shall seal, modify, or destroy a private well in the city unless a written permit has been obtained from the department of public works.

C. Applications for permits shall be made by filling out a well permit form and filing same with the department of public works. Complete drawings and specifications for any proposed work shall accompany the well permit and shall be of sufficient detail to demonstrate compliance with all standards.

D. A permit to construct, rehabilitate, seal, or modify a test well, exploratory hole, cathodic protection well, monitoring well, or contaminant extraction well may be denied by the director if such activities will cause or threaten to cause the spread of pollution which adversely impacts the quality of the ground water.

E. Any person who commences any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

(Ord. 2285 § 2, 2007: Ord. 1754 § 1, 1990).

The following fee schedule shown in Table 1 is established to cover the administrative costs of issuing a permit. Costs for plan checking and inspection will be based on hourly rates set by the director with the intent of recovering the full cost of such work.

Table 1 Schedule of Filing Fees

A. A well site and surrounding property must be inspected by the director or his designee: (1) before the construction, rehabilitation or destruction of any well, test well or exploratory hole; (2) while the annular seal is being constructed; (3) during the placement of grout while a well is being destroyed; and (4) at any time during the work authorized under a permit issued pursuant to this chapter to insure that compliance with the permit and all applicable standards are met.

B. Upon completion of the work authorized by a permit and before the well is placed in service, or upon destruction of a well or test hole, the director or his designee must make an inspection and approve the work.

C. A permittee or the drilling contractor must make a request for an inspection at least twenty-four hours (one full regular city work day) before the time any inspection is needed.

(Ord. 1754 § 1, 1990).

A. Work authorized by a permit pursuant to this chapter shall begin within ninety days from the date of issuance. The permit authorizes work for a period of one year from the date of issuance or as otherwise stated on the permit.

B. If work has not begun within ninety days or completed within one year, or within the time interval specified on the permit, from the date of issuance, the permit shall be void. A sixty-day extension of the permit may be granted by the director upon written request from the permittee. Upon the expiration of the extension, no further work shall be permitted unless and until a new permit is issued.

C. It shall be the responsibility of the drilling contractor to file the permit and ensure that a copy of the permit is posted at the work site.

D. The contractor or owner shall notify the director at least twenty-four hours prior to the commencement of work.

(Ord. 1754 § 1, 1990).

As a condition of all permits, the permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or his agent under a permit, or resulting from the failure of the permittee to perform his obligation under a permit. If any claim of such liability is made against the city, its officers, employees, or agents, the permittee shall defend, indemnity and hold them, and each of them, harmless from such claims,

(Ord. 1754 § 1, 1990).

A. If a well, test well, or exploratory hole subject to this chapter is found to be a public nuisance because of construction, operation, or maintenance in a manner contrary to the terms of this chapter, or a permit issued pursuant to this chapter, the director shall give a written notice of violation to the owner of the land and to the permittee.

B. The notice of violation shall state the nature of the violation, the corrective measures to be taken, and a reasonable time within which such corrections must be made.

C. The notice of violation shall include a statement to the land owner, well owner, or permittee that upon failure to make the required corrections within the period specified, the director may abate the condition at the expense of the landowner, well owner or permittee.

D. If the director finds that a well, test well, or exploratory hole subject to this chapter is by reason of location, construction, operation, or maintenance causing significant irreparable damage to the ground water or presents an immediate danger to health and safety, or that it is impractical to notify the owner or permit-tee, the director may perform, or order performed, emergency work necessary to abate the condition without giving notice as required above. The owner or permittee shall be liable for the costs of abatement.

E. The director may record a notice of violation with the office of the county recorder,

(Ord. 1754 § 1, 1990).

A. Any person aggrieved by the refusal to issue a permit, the terms of the permit, or any decision made by the inspector may, upon written request submitted within ten days of any such denial, conditional granting, or other decision, have the matter reviewed by the director.

B. Upon receipt of written request for review, the director shall schedule the matter for review within three weeks and give the applicant at least ten days written notice of the time and place of the review, unless the applicant agrees to a lesser time.

C. The director will notify the person requesting the review in writing of his decision within two weeks of the review.

(Ord. 1754 § 1, 1990).

Any person in violation of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the county jail of Merced County for a period not exceeding one year, or by both such fine and imprisonment.

(Ord. 1754 § 1, 1990).