Sec. 14.13. - Wells.

(a)

Subject to the restriction in sections 14.13(b) and (c), no person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the health officer according to the provisions set forth in Title 6, Division 7, Chapter 4, Article 5, of the San Diego County Code of Regulatory Ordinances.

(b)

Within the primary buffer boundary, as defined in section 14.13(b)(1), no new wells for drinking water purposes shall be constructed and no drinking water wells in existence as of the effective date of this section shall be repaired or reconstructed. The term "new well" as used in this section 14.13 does not include any well for which a permit has been issued, pursuant to section 14.13(a), prior to the effective date of this section.

(1)

The "primary buffer boundary" represents a zone of controlled drinking water well construction, the greatest of the horizontal and vertical distances reflecting the retention times required pursuant to Sections 60320.208 and 60320.224. The water utilities director shall update the primary buffer boundary as necessary to account for changing conditions. The water utilities director shall also publish a map depicting the primary buffer boundary, which shall be available for inspection at City Hall.

(2)

Wells in the primary buffer boundary, existing as of the effective date of this section, are prohibited from extracting water for drinking water purposes and must comply with all standards set forth in Title 6, Division 7, Chapter 4, of the San Diego County Code of Regulatory Ordinances, as well as additional water quality testing and reporting as required by the water utilities director.

(c)

Within the secondary buffer boundary, as defined in section 14.13(c)(1), no new wells for drinking water purposes shall be constructed and no drinking water wells in existence as of the effective date of this section shall be repaired or reconstructed, without further study and potential mitigating activities prior to drinking water well construction. The decision of the water utilities director is subject to appeal pursuant to section 2.1.60 of the City Code. The term "new well" as used in this section 14.13 does not include any well for which a permit has been issued, pursuant to section 14.13(a), prior to the effective date of this section.

(1)

The "secondary buffer boundary" represents a zone of potential controlled drinking water well construction and depicts the zone within which a well would extend the primary buffer boundary to include existing or potential future drinking water wells. The water utilities director shall update the secondary buffer boundary as necessary to account for changing conditions. The water utilities director shall also publish a map depicting the secondary buffer boundary, which shall be available for inspection at City Hall.

(2)

Wells in the secondary buffer boundary, existing as of the effective date of this section, are prohibited from extracting water for drinking water purposes and must comply with all standards set forth in title 6, division 7, chapter 4, of the San Diego County Code of Regulatory Ordinances, as well as additional water quality testing and reporting as required by the water utilities director.

(d)

The city must provide boundary map(s) of the primary buffer boundary and the secondary buffer boundary, locations of the Pure Water Oceanside Project's monitoring wells, and locations of drinking water wells within a two-year travel time of the Pure Water Oceanside Project based on groundwater flow directions and velocities expected under the Pure Water Oceanside Project's normal operating conditions (three million (3,000,000) gallons per day or lower) as needed to the county DEH.

(e)

On a case-by-case basis and upon a showing of good cause, the city shall have the authority to provide an in lieu drinking water supply to affected applicants applying for drinking water wells within the primary buffer boundary and the secondary buffer boundary. Good cause shall mean a factual and evidentiary showing by the applicant that the prohibition on the construction of a drinking water well or use of an existing well for the extraction of drinking water would deprive the applicant of substantially all reasonable economic use of his or her property. All such requests shall be filed with the water utilities director. The decision of the water utilities director is subject to appeal pursuant to section 2.1.60 of the City Code.

(f)

The water utilities director upon reasonable cause to believe that there is a violation of this section 14.13 may, at any and all reasonable times and when in the performance of his/her duty, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this section 14.13 is being violated. The water utilities director may examine such premises, things or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether a violation exists.

(g)

The city attorney is authorized to pursue all available administrative, civil and criminal remedies set forth in chapter 1 of the City Code to enforce this section 14.13. Each violation of this section 14.13 shall be considered a separate offense and the remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this section shall preclude any person from pursuing any other remedies provided by law.

(Ord. No. 75-9, §§ 1, 2, 5-14-75; Ord. No. 83-14, § 5, 4-27-83; Ord. No. 21-OR0698-1, § 2(Att. A), 11-17- 2021)

Editor's note— Ord. No. 75-9, amended the Code by adding § 14.3, redesignated, at the editor's discretion, as § 14.13 inasmuch as the Code already contained a § 14.3.