13.40 — WELLS

It is the purpose of this chapter to control the construction and reconstruction of all existing and future wells, to provide for the destruction of abandoned wells, and to provide for the initiation and completion of corrective measures relative to wells found to be public nuisances, within the corporate limits of the City, to accomplish the following:

• A. To insure that the quality of the groundwater of the City will not be impaired;

• B. To insure that the health, safety, and welfare of the citizens of the City will not be jeopardized;

• C. To insure that the obligation or capability of the City to produce and distribute water for the use, benefit, and protection of the citizens of the City will not be impaired.

• (Prior code 7639; Ord. 34-75)

"Destruction" of a well means the complete filling and sealing of the well in accordance with the procedures outlined in the standards incorporated into this title.

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

"Well" means any 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, saltwater barrier wells, and other wells whose regulation is necessary to fulfill the purpose of this title as determined by the Water Manager. 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 title as determined by the Water Manager. A well shall be presumed to be "abandoned" when it has not been used for its intended purpose for a period of one year.

(Prior code 7639.1; Ord. 34-75; Ord. 19-96)

• A. It is unlawful for any person, firm or private or public corporation or agency to construct or reconstruct any well within the corporate limits of the City unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Water Manager as provided in this title.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

PUBLIC UTILITIES

§ 13.40.030

§ 13.40.050

• B. It is unlawful for the owner or operator of an existing well to allow it to remain in an unused condition except in accordance with Section 13.40.040. An unused well determined to be abandoned shall be destroyed pursuant to and in conformity with the requirements of the City as set forth in this title.

(Prior code 7639.2; Ord. 34-75; Ord. 19-96)

• A. If a well has not been used for any of the purposes set forth in the definition of "well" for a period of one year, such well shall be presumed to have been abandoned, and the burden of proof shall thereupon be upon the owner or operator of the well to establish to the satisfaction of the Water Manager that the well has not been abandoned and that the owner and operator intends to continue to use the well for the aforementioned purposes. The Water Manager shall require a written declaration under the penalty of perjury concerning intended future use to be filed by the owner or operator of the well if the Water Manager determines that the well has not been abandoned. Application for the renewal of a determination of nonabandonment shall be required to be presented to the Water Manager by the owner or operator at the beginning of each calendar year. Such renewal applications shall be accompanied by a new written declaration filed under penalty of perjury. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed unless otherwise approved by the Water Manager.

• B. In the event the Water Manager determines that a well is abandoned, the well shall be destroyed within 30 days in accordance with the provisions of this title. However, the owner shall be given written notice of this determination by the Water Manager, which notice shall specify the reasons for this decision and shall notify the owner of his right of request a hearing before the City Council within 10 days.

• (Prior code 7639.3; Ord. 34-75; Ord. 19-96)

• A. Applications for permits to construct, reconstruct, or destroy any well shall be made to the Water Manager and shall contain or provide such information as he or she shall require.

• B. Each application shall be accompanied by a fee which shall be established by resolution of the City Council on the basis of the cost incurred in enforcing the provisions of this title. Fifty percent of the fee shall be returned to the applicant should the permit be denied, or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from the date of issuance.

• C. Permits may be issued subject to any condition or requirement found by the Water Manager to be necessary to accomplish the purposes of this title.

• D. A permit may be canceled or the conditions amended by the Water Manager if he or she determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or of this title.

• E. In the event that a permit is denied or canceled, the applicant or permit holder shall be given written notice by the Water Manager, which notice shall specify the reasons for his or her action, and shall notify the applicant or permit holder of his or her right to request a hearing before the City Council within 10 days.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA § 13.40.050

ORANGE CODE

§ 13.40.090

(Prior code 7639.4; Ord. 34-75; Ord. 19-96)

The permittee shall notify the Water Manager in writing upon completion of the work performed under the permit, 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 Water Manager, and no permittee shall be deemed to have complied with the provisions of this title or his or her permit until such inspection has been performed and the work approved by the Water Manager.

(Prior code 7639.5; Ord. 34-75; Ord. 19-96)

In the event the Water Manager determines that a well constitutes a public nuisance, he or she shall send written notice to the owner and shall post a copy of the notice on the property. The notice shall state the specific facts relative to the nuisance, the corrective measures deemed necessary, and the date on or before which such measures shall be completed and the nuisance abated. The owner shall also be notified of his or her right to request a hearing before the City Council within 30 days from the date such notice is issued. (Prior code 7639.6; Ord. 34-75; Ord. 19-96)

If the Water Manager finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he or she may abate the nuisance without giving notice. However, within 24 hours after initiating such abatement, the Water Manager shall make reasonable attempts to notify the owner of the time, date, and place at which a hearing shall be held by the City Council relating thereto; which date shall be not less than 10 nor more than 30 days after the date of such notification. The owner shall also be notified that a special assessment may be imposed upon the property for any costs of abatement. (Prior code 7639.7; Ord. 34-75; Ord. 19-96)

• A. At the time fixed for a hearing before the City Council concerning an abandoned well, a permit, or a public nuisance, as provided for in this title, the City Council shall hear and consider all relevant testimony and evidence offered by the property owner and by any other interested person.

• B. If the City Council determines that an unused well was incorrectly classified as abandoned or that a permit was improperly denied or canceled, it shall direct the Water Manager to reclassify the well or to issue or reinstate the permit.

• C. If the City Council finds that a public nuisance, as determined by the Water Manager, does exist, then it shall direct the Water Manager to take any necessary action to protect the groundwater or the health and safety of the public unless the situation is corrected by the owner on or before a date to be specified by the Council. The cost of such corrective measures by the Water Manager shall become a special assessment upon the property pursuant to Section 13.40.100.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

PUBLIC UTILITIES

§ 13.40.090

§ 13.40.130

• D. In instances where the Water Manager has abated a nuisance under the immediate abatement provision of Section 13.40.080, the City Council shall ascertain and review the pertinent facts concerning the abatement. If the City Council determines that the Water Manager's actions were justified, then it shall direct that the cost of the abatement shall become a special assessment upon the property in accordance with Section 13.40.100.

• (Prior code 7639.8; Ord. 34-75; Ord. 19-96)

When the City Council has directed that a public nuisance, under the provisions of this chapter, shall be or justifiably shall have been abated, all costs of such abatement shall constitute a charge, which, if not paid within 60 days, shall be declared a special assessment upon the parcel of land involved. Such special assessment shall be collected at the same time and in the same manner as ordinary City 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 City taxes. The City 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. (Prior code 7639.9; Ord. 34-75)

Standards for the construction, reconstruction or destruction of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Part II and future amendments thereto. Standards for the construction, alteration, or destruction of cathodic protection wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto.

(Prior code 7639.10; Ord. 34-75; Ord. 19-96; Ord. 10-25, 6/24/2025)

Any violation or failure to comply with any of the provisions of this title shall render the violator guilty of a misdemeanor and subject the violator to the penalties provided by law. (Prior code 7639.12; Ord. 34-75; Ord. 19-96)

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

PUBLIC UTILITIES

§ 13.44.010

§ 13.44.050

CHAPTER 13.44 WATER MAINS