Article VII — CONSTRUCTION, REPAIR, MODIFICATION AND DESTRUCTION

OF WELLS

SEC. 22-110. PURPOSE.

This article shall provide, in cooperation with the county, for the city's construction, maintenance, operation, use, repair, modification and destruction of wells within the city in such a manner that the ground water of the city and the county will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this city.

(`64 Code, Sec. 33-70) (Ord. No. 2219)

SEC. 22-111. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) ABANDONED WELL - Any of the following:

(1) A well, other than a monitoring well, which has been in continuous disuse for one year or more, unless such disuse is attributable to removal of the pump for

repair or replacement and efforts to repair or replace the pump are being diligently pursued;

(2) A monitoring well from which no monitoring data has been taken for a period of three years;

(3) A well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this article; or

(4) An engineering test hole 24 hours after construction and testing work has been completed on the site.

(B) APPLICANT - Any person applying for a permit required by this article.

(C) CATHODIC PROTECTION WELL - Any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground.

(D) CITY INSPECTOR - A person authorized by the public works director to inspect all work for which a permit is issued pursuant to this article.

(E) COMMUNITY WATER SUPPLY WELL - Any water well which provides water for public water systems as defined in the Cal. Health and Safety Code.

(F) COMPLETION OPERATION - Any of the following work conducted after artificial excavation:

(1) Placement of a well casing;

(2) Gravel packing;

(3) Sealing;

(4) Perforation of a well casing; or

(5) Any other work listed on a permit issued pursuant to this article as being a required part of a completion operation.

(G) CONTAMINATION - An alteration of waters by waste, salt-water intrusion or other material to a degree which creates a hazard to the public health through actual or potential poisoning or through an actual or potential spreading of disease.

(H) DESTROY A WELL - To fill a well, including both interior and annular spaces if the well is cased, completely in such a manner that it will not produce water or act as a conduit for the interchange of water between any water-bearing formations penetrated.

(I) ENGINEERING TEST HOLE - An uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.

(J) INDIVIDUAL DOMESTIC WELL - Any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation.

(K) INSPECT A WELL - To personally witness, record and certify work pursuant to a condition or conditions of a valid permit.

(L) MODIFY OR REPAIR A WELL - To replace its casing in a manner which involves removal or partial removal of the old casing, to install a liner in the well, or to change the depth of the well.

(M) MONITORING WELL - A cased or uncased well used exclusively for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.

(N) OWNER - A person who owns the land on which a well is located.

(O) POLLUTION - An alteration of waters by waste, saltwater intrusion or other material to a degree which adversely affects either the suitability of such waters for beneficial uses or the facilities employed in conjunction with such beneficial uses.

(P) POSSESSES - That a person is in actual possession of the well or has a legal right to the possession thereof.

(Q) REGISTERED INSPECTOR - A professional engineer or registered geologist currently registered in the State and approved by the public works director to inspect drilling and sealing operations for engineering test holes and monitoring wells. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one of the aforementioned professionals shall be deemed qualified to perform required inspections) provided one of the aforementioned professionals reviews the well inspection record and assumes responsibility for the accuracy and completeness of the work by signing the well inspection record.

(R) WATER WELL - Any artificial excavation constructed by any method for the purpose of determining the availability of water, extracting water from or injecting water into the underground, except the following:

(1) Oil well, gas wells, and geothermal wells subject to regulation under the public resources code;

(2) Wells used exclusively for the purposes of dewatering excavation during construction or of stabilizing hillsides or earth embankments; and

(3) Seepage pits approved for use under permit from the public works director.

(S) WELL - A cathodic protection well, engineering test hole, monitoring well or water well.

(`64 Code, Sec. 33-71) (Ord. No. 2219)

SEC. 22-112. PERMIT REQUIRED.

(A) No person, shall, within the city, construct, repair, modify or destroy any cathodic protection well or engineering test hole which is over 50 feet deep, any monitoring well or any water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the public works director as provided in this article.

(B) If the well to be constructed, repaired, or modified is a community water supply well or water well, as defined herein, except for one operated by the city, then in addition to the permit required herein, a permit shall be obtained as required by section 22-101. The public works director may issue an annual permit for one or more engineering test holes which are 50 feet deep and are inspected by registered inspectors.

(`64 Code, Sec. 33-72) (Ord. No. 2219)

SEC. 22-113. APPLICATION FOR PERMIT.

(A) Applications for permits shall be made to the public works director, and shall include the following:

(1) A plot plan indicating the exact location of a well with respect to the following items within a radius of 500 feet of the well:

(a) Approximate property lines;

(b) Sewage disposal systems or works carrying or containing sewage;

(c) All intermittent or perennial, natural or artificial water bodies or watercourses;

(d) Drainage pattern of the property;

(e) Existing wells of all types, regardless of whether they are subject to regulation under this article; and

(f) Access roads.

(2) Location of property;

(3) Name of the person who will perform the work on the well;

(4) Name and affiliation of registered inspector (monitoring wells and engineering test holes only);

(5) Proposed depth of well;

(6) Use of well;

(7) Proof satisfactory to the public works director that the person who will construct the well is in possession of a valid license appropriate to such work which has

been issued in accordance with the contractor's license law of the business and professions code;

(8) A certificate satisfying the requirements of the labor code (workers' compensation); and

(9) Such other information as the public works director may deem necessary in order to determine whether underground waters will be protected.

(B) Permits shall be issued or denied within 30 days after the day on which the completed applications are received by the water division.

(`64 Code, Sec. 33-73) (Ord. No. 2219)

SEC. 22-114. PERMIT REQUIREMENTS AND EXPIRATION.

(A) Permits shall require compliance with all applicable standards set forth in section22-119. A permit to be valid must comply with all other applicable provisions of law. A permit shall expire six months from the date of issuance unless extended by the public works director.

(B) The public works director may grant one or more extensions of a permit, each for a period not to exceed three months, if the permittee proves to the satisfaction of the public works director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date.

(C) Annual permits for engineering test holes shall expire one year from the date of issuance.

(`64 Code, Sec. 33-74) (Ord. No. 2219)

SEC. 22-115. TIME TO COMPLETE PERMITTED WORK AND SATISFY PERMIT REQUIREMENTS.

The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit.

(`64 Code, Sec. 33-75) (Ord. No. 2219)

SEC. 22-116. GUARANTEE OF PERMITTED WORK.

Prior to the issuance of a permit or any extension thereof, the applicant may be required to post with the public works director a cash deposit or bond to guarantee compliance with the provisions of this article and the applicable permit, such cash deposit or bond to be in an amount deemed necessary by the public works director to remedy improper work, but not in excess of the total estimated cost of the permitted work.

(`64 Code, Sec. 33-76) (Ord. No. 2219)

SEC. 22-117. LICENSE AND REGISTRATION REQUIRED OF PERSONS PERFORMING PERMITTED WORK.

No person shall perform any work, either on such person's own property or on the property of another, for which a permit is required by section22-112 unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the contractors license law of the business and professions code and is registered with the director to perform work permitted by this article. Licensed water well contractors (Class C-57) registered with the public works director may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the public works director may only perform permitted work on engineering test holes.

(`64 Code, Sec. 33-77) (Ord. No. 2219)

SEC. 22-118. SUSPENSION OR TERMINATION OF PERMIT.

(A) Any permit issued pursuant to section 22-112 is subject to suspension or termination prior to expiration as provided in this section.

(1) Grounds - Any of the following occurrences constitutes a ground for termination of the permit:

(a) Suspension, revocation, or termination of the license required by section 22-117 of the person who is to perform the work;

(b) Failure of such person to comply with any provision of the labor code; or

(c) Failure of such person or of any person who owns or possesses the well to comply with any provision of this article or any permit issued pursuant thereto.

(2) Notice - To initiate proceedings to terminate a permit, the public works director shall send written notice to the person to whom the permit was issued. The

notice shall briefly describe the suspected occurrence which constitutes a ground for termination, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in termination of the permit.

(3) Hearing - The public works director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of

evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The public works director may, but need not, permit other persons to present relevant evidence.

(4) Determination - At the conclusion of the hearing, or within 30 days thereafter, the public works director shall determine, based upon the preponderance of the

evidence accepted at the hearing, whether there has been such an occurrence. The determination of the public works director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.

(5) Termination of permit - If the determination is that there has been such an occurrence, the public works director shall terminate the permit; provided, however,

that the public works director shall have the discretion not to terminate the permit if the public works director determines that the occurrence was not willful, is not ongoing, and is not likely to recur.

(6) Prehearing suspension - The public works director may suspend a permit prior to the hearing when the public works director determines that such action is

necessary to protect the public health and safety or the environment from imminent danger. The public works director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the public works director makes a final determination based upon the hearing; provided, however, that the public works director may lift the suspension at any earlier time at which the public works director determines that it is no longer necessary.

(B) This section shall not deprive the public works director of the authority to pursue any other action or remedy otherwise available under the law.

(`64 Code, Sec. 33-78) (Ord. No. 2219)

SEC. 22-119. STANDARDS.

(A) Standards for the construction, repair, modification or destruction of wells shall be those set forth in the California Department of Water Resources (“DWR”) Bulletin No. 74-1 entitled “Cathodic Protection Well Standards,” Bulletin No. 74-9, Chapter IV, entitled “Water Well Standards -Ventura County” and Bulletin No. 74-81, Chapter II, entitled “Water Well Standards State of California,” as supplemented or revised from time to time by DWR, with the following exceptions:

(1) The public works director may adopt additional or more stringent standards to be applicable in any or all zones of the city as delineated in Bulletin No. 74-9.

(2) All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height equal to the pump slab or at least four inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16-inch screen to prevent contaminating material from entering the vent.

(3) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being

placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of Bulletin No. 74-81.

(4) In Sealing Zone III as described in Bulletin No. 74-9, no permit shall be issued pursuant to section22-112 for the construction, repair or modification of any well

which is perforated in the city's aquifer zone and/or the aquifer unless it is demonstrated to the satisfaction of the public works director either that:

(a) There is no substantial possibility that use of the well will cause overdraft or seawater intrusion into an aquifer; or

(b) All of the following conditions apply:

(i) The well is necessary to carry out seawater intrusion control programs and projects;

(ii) The well has a casing diameter no greater than six inches;

(iii) The pump will have no more than five horsepower;

(iv) Extraction will not exceed ten acre-feet per year; and

(v) The well will be used only for domestic purposes.

(5) Engineering test holes greater than 50 feet deep shall be destroyed immediately upon completion of testing by complete filling and/or sealing of the borehole in

accordance with criteria established by the public works director. The public works director may waive complete sealing if the permittee demonstrates to the public works director's satisfaction that the purpose of this article as set forth in section 22-110 will be satisfied.

(`64 Code, Sec. 33-79) (Ord. No. 2219)

SEC. 22-120. LOG OF WELL.

(A) Any person who has performed any work for which a permit is required by section 22-112 and which involves drilling, digging, excavating or boring of a well shall, within 30 days of completion of such work, submit to the public works director an accurate and complete well log on forms satisfactory to the public works director. In areas for which the public works director deems the available subsurface information to be insufficient, the permit may require any person performing a completion operation to submit a well log prior to commencement of the completion operation.

(B) A well log shall include all of the following:

(1) A detailed record of the boundaries, character, size, distribution and color of all lithologic units penetrated;

(2) The type and size of well casing;

(3) The location of perforations and sealing zones;

(4) Reports on the quantity and quality of groundwater (if available); and

(5) Any other data required by the public works director in the permit conditions.

(`64 Code, Sec. 33-80) (Ord. No. 2219)

SEC. 22-121. WELL INSPECTION REPORT.

(A) Any registered inspector who has inspected any work pursuant to conditions of a permit required by section22-112 which involves drilling, digging, excavating or boring a well shall, within 30 days of completion of such work, submit to the public works director an accurate and complete well inspection report on forms satisfactory to the public works director.

(B) A well inspection report shall include all of the following:

(1) Permit number;

(2) Type and volume of sealing material and depth of seal;

(3) Diameter of borehole and well casing in sealing zone;

(4) Method of placement (if grout pipe, include number and length of sections);

(5) Confirmation that casing was ripped or perforated (destruction only);

(6) Conditions which may have caused sealing to be less than satisfactory;

(7) Date sealed;

(8) An opinion as to whether the well sealing operation was satisfactory or unsatisfactory certified by signature of the registered inspector; and

(9) Any other data required by the public works director in the permit conditions.

(`64 Code, Sec. 33-81) (Ord. No. 2219)

SEC. 22-122. CORRECTIVE ACTION.

Any person who owns a well and any person who is in possession of a well may be required to take corrective action with respect to the well as provided in this section.

(A) Grounds - Any of the following occurrences constitutes a ground for ordering corrective action:

(1) Maintenance, operation or use of the well in a manner that will cause or contribute to, or run a substantial risk of causing or contributing to, the pollution or

contamination of the groundwater; or

(2) Construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this article.

(B) Notice - To initiate proceedings to order corrective action, the public works director shall send written notice to the person who owns the well or the person in possession of the well or both of them. The notice shall briefly describe the suspected occurrence which constitutes a ground for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place of hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence or that the proposed corrective action is inappropriate, and shall state that failure to appear and present such evidence may result in an order requiring such person to take some or all of the proposed corrective action.

(3) Hearing - The public works director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of

evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The public works director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 days thereafter, the public works director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there has been such an occurrence, and, if so, whether the proposed corrective action is appropriate. The determination of the public works director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.

(D) Order - If the determination is that there has been such an occurrence and that some or all of the proposed corrective action is appropriate, the public works director may issue and serve upon the person or persons who were served with notice of the hearing a written order requiring such appropriate corrective action. The order shall state a deadline for commencing the corrective action if such action is to be ongoing and shall state a deadline for completing the corrective action if such corrective action is not to be ongoing. The order shall further state that, if the corrective action is not taken in compliance with the order, such action may be taken by the public works director at the expense of the person served with the order and, in addition, such person may be subject to criminal prosecution.

(E) Compliance - Any owner or possessor of the well who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing and complete every corrective action described therein as not being ongoing. Any owner or possessor of the well served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or possesses the well, continue to take every corrective action described in the order as ongoing, until such time as either the well is destroyed pursuant to this article or the public works director states in writing that such ongoing corrective action is no longer necessary.

(`64 Code, Sec. 33-82) (Ord. No. 2219)

SEC. 22-123. DESTRUCTION OF ABANDONED WELLS.

No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well unless either such well has been destroyed pursuant to this article or a current certificate of exemption has been issued for such well pursuant to section 22-124.

(`64 Code, Sec. 33-83) (Ord. No. 2219)

SEC. 22-124. CERTIFICATE OF EXEMPTION.

Any person who owns or possesses a water well or monitoring well which is abandoned or about to become abandoned but who intends to use such well again may apply to the public works director, in a form satisfactory to the public works director, for a certificate of exemption from the requirement that such well be destroyed. If the public works director determines from such application that exemption from the requirement that the well be destroyed would not result in pollution or contamination of

ground water and would not create a hazard to health or safety, the public works director shall issue such a certificate of exemption. A certificate of exemption shall expire three years after issuance and may be terminated by the public works director at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of ground water or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect to a well in same manner as the original certificate.

(`64 Code, Sec. 33-84) (Ord. No. 2219)

SEC. 22-125. FEES.

The city council may, by resolution, establish fees for the processing of any application for approval as a registered inspector, for registration with the public works director pursuant to section 22-119, or for a permit, extension of a permit, or certificate of exemption pursuant to this article. The payment of such fee, if any, established by such resolution shall accompany the application. If the application is withdrawn before issuance of the permit, the public works director shall compute the cost to the city of processing the application up to that point in accordance with the city's standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.

(`64 Code, Sec. 33-85) (Ord. No. 2219)

SEC. 22-126. INSPECTION.

The public works director and the city inspectors may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this article is being violated. The public works director may require that any work for which a permit is required by this article be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing operations for engineering test holes and monitoring wells if required by permit conditions.

(`64 Code, Sec. 33-86) (Ord. No. 2219)

SEC. 22-127. MISDEMEANOR/INFRACTION.

(A) Any person who violates any provision of this article shall be guilty of a misdemeanor, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction.

(B) The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed under this article or any other provision of law.

(`64 Code, Sec. 33-87) (Ord. No. 2219)

SEC. 22-128. ABATEMENT.

If any corrective action required by an order issued pursuant to section22-122 is not taken in full compliance with such order, the public works director may cause the corrective action to be taken by the city and all persons required by section 22-122 to take such corrective action shall be jointly and severally liable to the city for the cost of such action. In cases where the public health and safety require emergency corrective action, the public works director may cause the emergency corrective action to be taken by the city without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the city for the cost of such action.

(`64 Code, Sec. 33-88) (Ord. No. 2219)

SEC. 22-129. EXEMPTION.

The foregoing provisions of this article do not apply to any leak detection system installed or destroyed pursuant to the provisions of the health and safety code or of the county ordinance code. The public works director may also waive permit requirements for installation or destruction of monitoring and recovery wells which are not more than 50 feet deep to determine the extent of or remove underground tank contamination, pursuant to requirements of the State or the county, if the public works director determines that the purpose of this article as set forth in section 22-110 will be satisfied. The public works director may also waive permit requirements for installation or destruction of natural gas monitoring and recovery wells which are not more than 50 feet deep pursuant to requirements of the State or the county if the public works director determines that the purpose of this article as set forth in section 22-110 will be satisfied.

(`64 Code, Sec. 33-89) (Ord. No. 2219)