Chapter 8.36 — WATER WELLS

It is the purpose of this chapter to protect the health, safety and general welfare of the people of the city by ensuring that the groundwaters of the city will not be polluted or contaminated. To this end, minimum requirements are contained in this chapter for construction, reconstruction, repair and destruction of water wells, cathodic protection wells, and monitoring wells. This chapter is adopted under the authority of and complies with the requirement of California Water Code Section 13801. (Prior code § 6-301)

Unless the context otherwise requires, the definitions in this section shall govern this chapter. The terms used in this chapter shall have the same meaning as in Chapter 10 of Division 7 of the California Water Code and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions. "Enforcement agency" means the county Health Officer, who is designated by the City Council to administer and enforce this chapter. "Person" means a person, firm, corporation or governmental agency, to the extent authorized by law. "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground, as defined in the California Water Code, Section 13710. Stock ponds, potholes, drainage trenches or canals, waste water ponds, or similar excavations are not included within the definition of wells. (Prior code § 6-302)

A. When Required. No person shall dig, bore, drill, deepen, modify, repair or destroy a water well, cathdic protection well, observation well, monitoring well or any other excavation that may intersect groundwater without first applying for and receiving a permit under this chapter unless exempted by law. B. Penalty for Failure to Obtain. A person who begins any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work to pay double the standard permit fee. C. Emergency Work. The above provisions do not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall: (1) apply for a permit within three working days after beginning emergency work; (2)

satisfy the enforcement agency that such work was urgently necessary; and (3) demonstrate that all work performed was in conformance with the technical standards as designated in Section 8.36.070. D. Denial. The enforcement agency shall deny an application for a permit if, in its judgement, issuance of a permit is not in the public interest. (Prior code § 6-303)

A. Procedure. An application for a permit shall be made to the enforcement agency on a form approved by the agency and shall contain all such information as the enforcement agency requires to accomplish the purposes of this chapter. The application shall be accompanied by the required filing fee. If the enforcement agency finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this chapter. B. Filing Fees. Filing fees may be set by the City Council from time to time by resolution. No fee is required for a permit application to destroy a well. (Prior code § 6-304)

A. Limitations. When the enforcement agency issues a permit under this chapter, it may condition the permit in any manner necessary to carry out the purposes of this chapter. Conditions may include such quantity and quality testing methods as the enforcement agency finds necessary. B. Performance Bond. The enforcement agency may require a performance bond as a condition to the permit. C. Persons Permitted to Work on Wells. All construction, reconstruction or destruction work on wells shall be by a person who possesses an active C-57 contractor's license in accordance with the provisions of the Business and Professions Code, Section 7000, et seq. and Water Code Section 13750.5. D. Proper Disposal of Drilling Fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

E. Abandoned Wells. As a condition of a construction or reconstruction permit, an abandoned well on the property shall be destroyed in accordance with standards provided in this chapter. F. Posting of Permit. The permittee shall maintain a copy of this permit on the drilling site during all stages of construction or destruction. (Prior code § 6-305)

A. Expiration. The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the enforcement agency may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit. B. Suspension and Revocation. 1. Circumstances for Action. The enforcement agency may suspend or revoke a permit issued under this chapter whenever it finds that the permittee has violated a provision of this chapter, or has misrepresented any material fact in this application, or any supporting documents, for such a permit. Before ordering a suspension or revocation, the enforcement agency shall give the permittee an opportunity for a hearing, after reasonable notice. The hearing shall be before the enforcement agency head or his or her designated representative. An appeal may be made as set forth below. 2. Consequences. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the enforcement agency. 3. Ordered Additional Work. Upon suspending or revoking a permit, the enforcement agency may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued under this chapter shall fail to comply with any such order. (Prior code § 6-306)

Except as otherwise specified, the standards for the construction, repair, reconstruction or abandonment of wells shall be as set forth in the California Department of Water Resources Bulletin 74-81 "Water Well Standards, State of California," and as modified by supplements and revisions which have been approved following appropriate public hearings. (Prior code § 6-307)

Under the following specified conditions the enforcement agency may grant a variance from a provision of the standards referenced above and prescribe alternative requirements in their place. A. There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard; and B. The granting of such a variance is consistent with the purposes of this chapter. (Prior code § 6-308)

The enforcement agency may designate areas where groundwater quality problems are known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require in these designated areas special well seal(s) to prevent mixing of water from several aquifers. Where an applicant proposes well construction, reconstruction or destruction work in such an area, the enforcement agency may require the applicant to provide a report prepared by a Registered Geologist or Registered Civil Engineer (California Business and Professions Code Sections 7850 and 6762 respectively) that identifies all strata containing poor quality water and recommends the location and specifications of the seal or seals needed to prevent the entrance of poor-quality water or its migration into other aquifers. (Prior code § 6-309)

The enforcement agency shall make an inspection of the annular seal construction work. It may make an initial inspection of each proposed drilling site, an inspection at the completion of the work, and inspections at such other times as it deems appropriate. (Prior code § 6-310)

Upon receipt of an application, the enforcement agency may make an inspection of the drilling site before the issuance of a well permit. The purpose of this inspection is to determine whether there are any site

conditions such that the enforcement agency shall require: A. Relocation of the drilling site, if the location shown on the permit application is too close to potential sources of pollution; or B. Additional conditions, if needed to remediate any previously unknown groundwater quality protection problems. (Prior code § 6-311)

The enforcement agency shall inspect the annular space grout depth prior to the sealing. A. The well driller shall notify the enforcement agency a minimum of twenty-four (24) hours before sealing the annular space. A driller who anticipates completing a well in less than one day shall notify the enforcement agency twenty-four (24) hours before beginning drilling and provide the anticipated time to begin sealing of the annular space. B. If the enforcement agency wishes to allow a seal to be tremied or placed without inspection, the driller shall seal the well in accordance with the standards of this chapter and any permit conditions. No seal shall be tremied or placed until permission to proceed is given. (Prior code § 6-312)

If requested by the enforcement agency, the driller shall notify the enforcement agency within seven days of the completion of work at each drilling site. The enforcement agency may make a final inspection after completion of the work to determine whether the well was completed in accordance with this chapter. (Prior code § 6-313)

The enforcement agency may waive inspections if any of the following conditions exist: A. The work will be inspected by the staff of the California Regional Water Quality Resources Control Board or the California Department of Health Services if these designated agencies will inspect and report to the enforcement agency on all drilling features required by the Standards;

B. For monitoring wells that will penetrate only aquifers containing degraded waters or will penetrate only formations that normally contain no water; or C. An initial inspection may be waived when the drilling site is well known to the enforcement agency staff and it is known that no significant threats to groundwater quality exist in the area. (Prior code § 6-314)

The driller shall provide the enforcement agency a completion report within thirty (30) days of the completion of any well construction, reconstruction or destruction job. The permittee shall submit a copy of the "report of completion" (driller's well log) required by California Water Code Section 13751 to the enforcement agency within thirty (30) days of construction or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions. This section shall not be deemed to release any person from the requirement to file the report with the State Department of Water Resources. In accordance with California Water Code Section 13752, reports shall be kept confidential. Reports shall be made available to any person who obtains written authorization from the owner of the well. Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of California Water Code Section 13752 relating to notices and reports of completion or any other federal, state or local reporting regulations. (Prior code § 6-315)

A. Right of Hearing. A person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the City Council, in writing, within ten days after any such denial, conditional granting, suspension or revocation. The appeal shall specify the grounds upon which it is taken, and shall be accompanied by a filing fee. The City Clerk shall set the appeal for hearing at the earliest practicable time, and shall notify the appellant and the enforcement agency, in writing, of the time so set at least five days before the hearing. B. After such hearing, the City Council may reverse, wholly or partly, or may modify the order or determination appealed from. (Prior code § 6-316)

Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, the enforcement agency shall first present proper credentials and demand entry. If the premises are unoccupied, the agent shall first make a reasonable effort to locate the owner or other person having charge or control and demand entry. If such entry is refused, he or she shall have recourse to such remedies as are provided by law to secure entry. (Prior code § 6-317)

A person owning an abandoned well as defined in the well standards shall destroy it before December 31, 1991, except those excluded by Health and Safety Code Section 115720. (Ord. 98-1 § 25; prior code § 6-318)

A. Violation a Misdemeanor. A person who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by such penalties as the City Council has set by ordinance. B. Civil Enforcement—Notice of Violation. 1. Notice of Violation Recordation. Whenever the enforcement agency determines that a well: (a) has not been completed in accordance with a well permit or the plans and specification relating thereto; (b) has been constructed without the required permit; or (c) an abandoned well has not been destroyed in accordance with the standards, the enforcement agency may record a notice of violation with the office of the County Recorder. The owner(s) of the property, as revealed by the assessment roll, or which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available. If the property owner(s) or authorized agent disagrees with the determination, he or she may submit evidence to the enforcement agency indicating that there is no violation and then shall have a right to appeal an adverse decision of the enforcement agency to the City Council in accordance with subsection (B)(2) of this section. 2. Appeal—Action by the Council. Upon receipt of the notice of appeal, the City Council shall, within fifteen (15) days following the filing of the appeal, set a date of public hearing thereon.

The evidence before the Council shall consist of the records in the enforcement agency's files and any other relevant evidence which, in the judgement of the Council, should be considered to effectuate and implement the policies of this chapter. The Council may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final. 3. Removal of Violation Notice. The enforcement agency shall submit a removal of notice of violation to the County Recorder when: (a) it is determined by the enforcement agency or the City Council, after review, that no violation of this chapter exists; or (b) all required and corrective work has been completed and approved by the enforcement agency. C. Civil Enforcement — Nuisance. Violations of this chapter may also be redressed by civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery. D. Remedies Cumulative. The remedies available to the City Council to enforce this chapter are in addition to any other remedies available and cumulative thereto. (Prior code § 6-319)

Under California Water Code Section 13225 (c), the enforcement agency shall submit a report, not less than annually, to the California Regional Water Quality Control Board(s) having jurisdiction in their area. This report shall contain the following date, unless the Regional Board determines a lesser amount of information is necessary: A. The number of wells constructed or destroyed; B. Descriptions of all well destructions undertaken by the enforcement agency using their regulatory authority under nuisance abatement powers; C. A description of each specific case where variances were granted and the circumstances that made a variance necessary; D.

A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary. (Prior code § 6-320)