Morro Bay Municipal Code Ch. 14.68 Wells

It is the purpose of this chapter to provide for the construction, repair, modification and destruction of wells in such a manner to safeguard the municipal water system and to prevent reduction of capacity of city owned and/or operated wells, and that the ground water of the city will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the city.

(Ord. No. 564, 11-8-10)

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the content that they have a different meaning:

"Abandoned" or "abandonment" apply to a well which had not been used for a period of one year, unless the owner declares in writing to the health officer, through the director of public works, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and received approval of such declaration. All such declarations shall be renewed annually. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the health officer.

"Agricultural wells" means water wells used to supply water for irrigation or other agricultural purposes, including stock wells.

"Cathodic protection wells" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method 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.

"Community water supply well" means a water well for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code.

"Completion" or "completion operation" means any work conducted after artificial excavation to include:

1. Placement of well casing;

2. Gravel packing;

3. Sealing;

4. Casing perforation; or

5. Other operations deemed necessary by the health officer.

"Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

"Destruction" or "destroy" means the complete filling of a well in such a manner that it will not produce water or act as a conduit for the interchange of water, when such interchange will result in deterioration of the quality of water in any water-bearing formations penetrated.

"Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of establishing an electrical ground.

"Health officer" means the San Luis Obispo county health officer, his medical deputies, his sanitarians, or his duly authorized representatives shall perform the duties as the Morro Bay health officer in accordance with Section 1.04.130 of this code.

"Individual domestic well" means a water well used to supply water for domestic needs of an individual residence or commercial establishment.

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

"Modification" or "repair" means the deepening of a well, reperforation, sealing or replacement of a well casing.

"Observation well" means a well used for monitoring or sampling the condition of a water-bearing aquifer, such as water pressure, depth, movement or quality.

"Person" includes any person, firm, association, corporation, organization, partnership, business trust, company, or special district formed under the laws of the state.

"Pollution" means an alteration of the quality of water to a degree which unreasonably affects:

1. Such water for beneficial uses; or

2. Facilities which serve beneficial uses.

Pollution may include contamination.

"Public nuisance" when applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health and safety of the public.

"Salt water (hydraulic) barrier wells" means wells constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water-bearing aquifer.

"Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

"Well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into, the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells include, but are not limited to:

1. Community water supply wells;

2. Individual domestic wells;

3. Industrial wells;

4. Cathodic protection wells;

5. Electrical grounding wells;

6. Test and exploratory holes;

7. Observation wells;

8. Salt water (hydraulic barrier wells) as defined herein;

9. Agricultural wells;

10. Other wells whose regulation is necessary to fulfill the purpose of this chapter.

This definition shall not include:

1. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or

2. Wells used for the purpose of:

a. Dewatering excavation during construction, or

b. Stabilizing hillsides or earth embankments; or

3. The following artificial excavations:

a. Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth,

b. Holes or excavations for soil percolation tests,

c. Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth,

d. Excavations for drainage percolation ponds or spreading basins.

"Well drilling contractor" means a contractor licensed in accordance with the provisions of the California Contractor's Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000.

(Ord. No. 564, 11-8-10)

No person shall, within the incorporated area of the city, construct, repair, modify or destroy any well unless such person possesses a valid permit issued by the health officer of the city as provided in this chapter.

(Ord. No. 564, 11-8-10)

No person shall construct, repair, modify or destroy any well unless such construction, repair, modification or destruction is in conformance with the terms, conditions, and standards specified in this chapter and in the written permit issued by the health officer.

(Ord. No. 564, 11-8-10)

The construction of individual domestic wells within the incorporated area of the city is prohibited unless a permit to do so is first obtained from the health officer and the city council. Any person may apply for said permit by submitting an application in accordance with Section 14.68.060. In addition to the provisions of Section 14.68.060 the application shall include, but is not limited to the following:

A. A statement as to why water cannot be obtained from the city water system; and

B. Quantities and use of the water to be developed.

The city council shall consider the application within thirty days of its receipt by the director of public works at which time it may approve the application if in its discretion the drilling of the well and the operation thereof will not deplete nor contaminate the city water supply, and that service from the municipal water system is neither practicable nor feasible. If the council grants a permit for the well, it may impose thereon reasonable conditions to prevent depletion and contamination of the city water supply and to protect the public health, safety and general welfare. In no case shall such conditions be less restrictive than the conditions specified herein.

(Ord. No. 564, 11-8-10)

Applications for permits shall be made to the health officer through the director of public works of the city and shall include the following:

A. A plot plan indicating the exact location of the well with respect to the following items within a radius of two hundred feet of the well:

1. Property lines,

2. Sewage disposal systems or works carrying or containing sewage or industrial wastes,

3. All intermittent or perennial, natural or artificial water bodies or water courses,

4. Drainage pattern of the property,

5. Existing wells,

6. Access roads;

B. Location of the property (include township, range and section);

C. Name of person who will construct the well;

D. Estimated or proposed depth of well;

E. Use of well;

F. Other information as may be necessary to determine if underground waters will be protected.

(Ord. No. 564, 11-8-10)

Every permit application except those made by a public agency shall be accompanied by a fee. See Master Fee Schedule. No part of the fee is refundable.

(Ord. No. 564, 11-8-10)

Each permit issued pursuant to this chapter shall expire within six months following the issuance of the permit. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with the construction, repair, modification, or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter.

(Ord. No. 564, 11-8-10)

No permit shall be issued to any person who is not a well drilling contractor; provided, that a permit may be issued to an owner or occupant of property who does the work of construction, repair, modification or destruction of a well located on such property himself or through his own employees; and provided further that a permit may be issued to any person exempt from the provisions of the Contractor's License Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000.

(Ord. No. 564, 11-8-10)

As a condition precedent to the issuance of a permit, every applicant for a permit shall file or have on file with the city a corporate surety bond in the sum of two thousand five hundred dollars issued by a surety company licensed to do business in the state, or in lieu thereof, a cash deposit in the sum of two thousand five hundred dollars.

As used in this section, the term "cash deposit" includes, without limitation, certificates of deposit payable to the city issued by banks doing business in the state, investment certificates or share accounts assigned to the city and issued by savings and loan associations doing business in the state, or bearer bonds issued by the United States Government or by the state.

Said surety bond shall be conditioned to secure the compliance and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder.

If cash is deposited in lieu of such bond, said cash deposit shall secure the compliance and faithful performance by the permittee of the terms, conditions and standards imposed by this chapter, or by any permit issued hereunder.

(Ord. No. 564, 11-8-10)

Permits shall be issued subject to compliance with the standards provided in Section 14.68.160.

(Ord. No. 564, 11-8-10)

The permittee shall complete the work authorized by the permit prior to the expiration date set forth in the permit. The permittee shall notify the health officer in writing upon completion of the work and such work shall not be deemed to have been completed until such written notification has been received.

(Ord. No. 564, 11-8-10)

A copy of the well driller report required under Section 13751, California Water Code, shall be submitted to the health officer upon completion of construction of each well.

(Ord. No. 564, 11-8-10)

Any person aggrieved by the refusal of the health officer to issue a permit or by the terms of a permit may appeal from the action of the health officer to the city council by filing a written notice of appeal with the city clerk. The clerk shall set the matter for hearing before the council and shall give reasonable notice of the time and place thereof to the applicant and to the health officer. The city council shall hear the evidence offered by the applicant or permittee and the health officer, and shall forthwith decide the issue. Unless the city council rescinds the health officer's action by a majority vote, his decision shall be deemed affirmed.

(Ord. No. 564, 11-8-10)

The health officer and his inspectors may at any and all reasonable times enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. The health officer may require that each completion, modification, repair or destruction operation be inspected prior to any further work. See Master Fee Schedule.

(Ord. No. 564, 11-8-10)

* For specific provisions regarding right of entry. see Chapter 1.08 of this code.

Standards for the construction, repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, "Water Well Standards," state of California and Department of Water Resources Bulletin No. 74-1 entitled "Cathodic Protection Well Standards, State of California."

(Ord. No. 564, 11-8-10)

In the event the health officer determines that a well constitutes a public nuisance, he shall abate said nuisance in accordance with the provisions of this code.

(Ord. No. 564, 11-8-10)

If the health officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may immediately abate the nuisance without complying with the provisions of this code. After abating the nuisance, the health officer shall comply with the provisions of this code.

(Ord. No. 564, 11-8-10)