Orland Municipal Code Ch. 8.42 Water Well Regulation

The city of Orland relies on ground water as its sole source of public drinking water. Protection of the quantity of ground water is essential to ensure future prosperity and health. The purpose of this chapter is to provide regulations for the location of all water wells and to require hydrologic analysis of wells other than domestic wells.

(Ord. No. 2017-06, § 2)

The standards set forth in this chapter apply to all new, rehabilitated or modified water wells of any depth within the jurisdictional boundaries of the city.

(Ord. No. 2017-06, § 2)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"City" shall mean the city of Orland.

"Director" shall mean the public works director of the city of Orland.

"Domestic well" shall mean an individual domestic well with a pumping capacity no greater than two hundred (200) gallons per minute.

"Inspector" shall mean a person designated by the director and authorized to ensure that the provisions of this chapter are enforced.

"Permittee" shall mean any person, association, firm, corporation, special district or public agency.

"Well" shall mean all water wells as defined in Section 13710 of the California Water Code, including community water supply wells, individual domestic wells, industrial wells, and agricultural wells.

(Ord. No. 2017-06, § 2)

A. Permits required by this chapter shall be subject to conditions set forth in this chapter or as required by law.

B. No person shall construct, rehabilitate, or modify a well in the city unless a written permit therefore has been obtained from the department of public works.

C. Applications for permits shall be made by filling out a well permit form and filing same with the department of public works. Complete drawings and specifications for any proposed work shall accompany the well permit application and shall be of sufficient detail to demonstrate compliance with all standards. When required, the complete hydrologic analysis shall be submitted with the application.

D. Any person who commences 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.

(Ord. No. 2017-06, § 2)

No well shall be permitted within three hundred (300) feet of any existing or permitted city of Orland well. However, this provision shall not apply to the replacement of a domestic well with a capacity of less than two hundred (200) gallons per minute, provided the new well capacity is less than two hundred (200) gallons per minute.

(Ord. No. 2017-06, § 2)

No well, other than a domestic well, shall be permitted unless the applicant demonstrates, to the satisfaction of the director and based upon a written analysis by a geologist, geophysicist or engineer licensed in the state of California, that the proposed well will not result in a reduction in either quality or quantity of the city's water supply. Said analysis shall determine the minimum spacing between nearby wells and the proposed well utilizing a maximum drawdown of twenty-five (25) feet and no more than a five-percent reduction in flowrate of the nearest city well when both the city well and the proposed well are pumping concurrently. The nonequilibrium formula (Theis) or one of its modified versions shall be utilized in the submitted analysis with a clear explanation of the derivations for the coefficient of transmissibility of the aquifer and the coefficient of storage of the aquifer along with the background data of existing wells used in the analysis.

(Ord. No. 2017-06, § 2)

The director may condition the grant of a well permit upon the applicant's installation of reasonable well improvements necessary for the future connection of the well to the city's water system.

(Ord. No. 2017-06, § 2)

The following fee schedule shown is established to cover the administrative costs of issuing a permit.

A. Domestic well: $100.00

B. All other wells: $350.00

(Ord. No. 2017-06, § 2)

A. A well site and surrounding property must be inspected by the director or designee before the construction or rehabilitation of any well and at any time during the work authorized under a permit issued pursuant to this chapter to insure that compliance with the permit and all applicable standards are met.

B. A permittee or the drilling contractor must make a request for an inspection at least twenty-four (24) hours (one full regular city work day) before the time any inspection is needed.

(Ord. No. 2017-06, § 2)

A. Work authorized by a permit pursuant to this chapter shall begin within ninety (90) days from the date of issuance. The permit authorizes work for a period of one year from the date of issuance or as otherwise stated on the permit.

B. If work has not begun within ninety days or completed within one year, or within the time interval specified on the permit, from the date of issuance, the permit shall be void. A sixty-day extension of the permit may be granted by the director upon written request from the permittee. Upon the expiration of the extension, no further work shall be permitted unless and until a new permit is issued.

C. The contractor or owner shall notify the director at least twenty-four (24) hours prior to the commencement of work.

(Ord. No. 2017-06, § 2)

A. Any person aggrieved by the refusal to issue a permit, the terms of the permit, or any decision made by the inspector may, upon written request submitted within ten (10) days of any such denial, conditional granting, or other decision, have the matter reviewed by the director.

B. Upon receipt of written request for review, the director shall schedule the matter for review within three weeks and give the applicant at least ten (10) days' written notice of the time and place of the review, unless the applicant agrees to a lesser time.

C. The director will notify the person requesting the review in writing of his decision within two weeks of the review.

(Ord. No. 2017-06, § 2)

As a condition of all permits, the permittee shall assume all liability imposed by law for personal injury or property damage resulting from any work performed by the permittee or agent under a permit, or resulting from the failure of the permittee to perform the obligation under a permit. If any claim of such liability is made against the city, its officers, employees, or agents, the permittee shall defend, indemnity and hold them, and each of them, harmless from such claims.

(Ord. No. 2017-06, § 2)