Montebello Municipal Code Ch. 15.56 Groundwater Monitoring Wells

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section are defined as follows:

"Applicant" means any person who applies for a permit under this chapter.

"City" means the city of Montebello, California, acting by and through the city council.

"City property" means streets, lands, and structures owned or controlled by the city within the city.

"Permit" means the written, typewritten, or printed permission issued to an applicant by the city under the authority of this chapter and conditioned as provided in this chapter, and means and includes any amendment or supplement to the permit.

"Permittee" means any person to whom a permit has been granted and issued under and pursuant to the terms of this chapter, and includes the assignee, or successor in interest thereof, when the assignment or transfer has been approved as provided in this chapter.

(Ord. 2195 § 1 (part), 1999)

All persons before commencing the construction, modification or destruction of groundwater monitoring wells, shall make application to the director of public works for a groundwater monitoring well permit to do such work, on a form to be supplied by the city. No person shall do any work without first having obtained a permit from the city.

(Ord. 2195 § 1 (part), 1999)

A. The applicant for such permit shall make, sign and file in the office of the director of public works, an application to be approved by the director of public works.

B. Applications filed under subsection A of this section, shall be accompanied by maps or drawings, or prints thereof, in duplicate, showing the location of the proposed installation, dimensions, and size of well, and types of vaults, valves and all connected appliances. The maps shall be drawn to a scale of not more than forty feet to the inch, and all prints thereof shall be to this scale.

(Ord. 2195 § 1 (part), 1999)

The work of constructing or installing any groundwater monitoring well, pursuant to the terms of this chapter, shall be commenced within thirty days from the date of granting the authority therefor; provided, however, that the director of public works may for good cause, grant an extension of time; and shall be diligently prosecuted until concluded.

(Ord. 2195 § 1 (part), 1999)

Every applicant at the time of filing his application shall pay to the city such fees as shall be established from time to time, by resolution of the city council.

(Ord. 2195 § 1 (part), 1999)

The permittee agrees to indemnify and defend the city immediately upon demand and hold the city, its elected and appointed officers, agents, employees and volunteers harmless from any claim, demand or judgment, including but not limited to costs and attorney's fees, arising out of any injury to person or property alleged or asserted to have been occasioned, caused by, or contributed to by the encroachment, or by the manner in which it is designed, constructed, maintained or altered, and regardless of the theory of liability of the city. Permittee shall procure and maintain, at its cost, during the term of the permit and any renewals thereof, from an insurer admitted in California, comprehensive liability insurance, including products and complaint operations and hazards of explosion, collapse and damage to underground property, and upon request by city, such pollution liability as may be reasonably available, adequate and necessary to protect against future loss. Said insurance shall require thirty days' prior written notice from insurers to the city and permittee, before cancellation or change of coverage.

(Ord. 2195 § 1 (part), 1999)

Each applicant shall provide one good and sufficient surety bond for faithful performance. The "performance bond" shall be one hundred percent of the cost of installing and destruction of each well. In lieu of such surety bond, the permittee may deposit with the city in equivalent amounts in cash or negotiable securities.

(Ord. 2195 § 1 (part), 1999)

The director of public works may attach such conditions to the granting of any permit under this chapter as may in his judgment seem best or necessary, to secure the proper performance of the work, or to protect the public interests in connection therewith.

(Ord. 2195 § 1 (part), 1999)

All work shall be done only by contractors licensed by the state.

(Ord. 2195 § 1 (part), 1999)

All wells shall be constructed in accordance with the State Department of Water Resources, Bulletin 74-81 and 74-90, "Monitoring Well Standards," latest edition.

(Ord. 2195 § 1 (part), 1999)

All wells shall be abandoned per state standards and to the satisfaction of the director of public works.

(Ord. 2195 § 1 (part), 1999)