Chapter 14.34 — WATER WELL STANDARDS

A. It is the purpose of this chapter to control the construction and reconstruction of water wells to the end that the groundwater of this City will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety and welfare of the people of this City; and to provide for the destruction of abandoned wells or wells found to be public nuisances, to the end that such wells will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of this city.

B. The City of Newport Beach recognizes the need to adopt standard procedures for the drilling and abandonment of water wells. All persons or companies drilling wells or abandoning wells within the City limits of Newport Beach shall secure a permit from the Health Officer of the County of Orange. The County of Orange shall collect the necessary fees, provide administration and inspection for construction or abandonment; the County of Orange shall furnish a copy to the City of all permits issued. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

As used in this chapter, the following words shall have the meanings provided in this section:

Abandoned and Abandonment. The terms “abandoned” and “abandonment” shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the Health Officer.

Agricultural Well. A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

Cathodic Protection Well. Any artificial excavation in excess of fifty (50) 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 a cathodic protection well or deep anode.

Community Water Supply Well. A water well used to supply water for domestic purposes.

Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard.

Electrical Grounding Well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground.

Individual Domestic Well. A water well used to supply water for domestic needs of an individual

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City of Newport Beach, CA § 14.34.020 WATER AND SEWERS § 14.34.040

residence or commercial establishment.

Industrial Well. A water well used to supply an industry on an individual basis.

Observation Well. A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

Permit. A written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well.

Public Nuisance. The term “public nuisance,” when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.

Salt Water (Hydraulic) Barrier Well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

Test or Exploratory Hole. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.

Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter as determined by the Well Standards Advisory Board. Wells shall not include: (1) oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (2) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (3) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the Well Standards Advisory Board. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 684, 2023)

The Well Standards Advisory Board as established by the County of Orange, shall have jurisdiction for the enforcement of this chapter, including, but not necessarily limited to, the issuing of permits, inspections, the issuing of notice, the providing for public hearings before the Board, the findings if public nuisances exist relating to water wells within the City, the provisions for abatement and abatement costs, and the establishment of standards for the construction, reconstruction and destruction or abandonment of wells and the imposition of penalties for the violation of this chapter. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

No person shall, within the incorporated area of the City of Newport Beach, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Health Officer as provided in this chapter.

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City of Newport Beach, CA § 14.34.040 NEWPORT BEACH CODE § 14.34.080

Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Health Officer.

Nor shall any such person violate the terms of any orders issued by the Well Standards Advisory Board or the Health Officer, issued pursuant to this chapter. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

Applications for permits shall be made to the Health Officer containing such information as he shall require.

Each application shall be accompanied by a fee which shall be established by the Board of Supervisors on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty (50) percent of the fee shall be returned to the applicant if either the permit is denied or the permit is canceled within sixty (60) days after issuance and no work has been performed. A permit shall remain in effect for one year from date of its issuance.

Permits may be issued subject to any condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this chapter.

A permit may be canceled or the conditions amended by the Health Officer if he determines that to proceed with the work will result in a public nuisance or that the permit holder has violated the terms of the permit or this chapter. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

The permittee shall notify the Health Officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the Health Officer, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

In the event a permit is denied or canceled, the applicant or permit holder shall be given written notice by the Health Officer, which notice shall specify the reasons for his action and shall notify the applicant or permit holder of his right to request a hearing before the Well Standards Advisory Board within ten days. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

In the event the Health Officer determines that a well constitutes a public nuisance, he shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date, and place at which a hearing shall be held by the Well Standards Advisory Board relating thereto, which date shall be not less than ten or more than thirty (30) days after the date such notice is mailed. The notice shall state that in the event the Board determines that a public nuisance exists, a special

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City of Newport Beach, CA § 14.34.080 WATER AND SEWERS § 14.34.120

assessment shall be imposed upon the land for any costs of abatement. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

If the Health Officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the Health Officer shall give notice of a hearing before the Well Standards Advisory Board in the manner prescribed in Section 14.34.080. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

At the time fixed for the hearing, the Well Standards Advisory Board shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the Board finds that a public nuisance exists, it shall direct the Health Officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the Board. The costs of such corrective work by the Health Officer shall become a special assessment upon the land pursuant to Section 14.34.110.

If the Board finds that a permit was improperly denied or canceled, it shall order the Health

Officer to issue or reinstate such permit. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996)

Upon a finding by the Well Standards Advisory Board that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in California Government Code Section 25845. Such special assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 685, 2023)

Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74. Well standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and groundwater conditions. (Ord. 1587 § 1 (part), 1974; Ord. 96-22 § 1 (part), 1996; Ord. 2023-22 § 686, 2023)

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City of Newport Beach, CA § 14.36.010 WATER AND SEWERS § 14.36.020