Chapter 14.06 — REGULATION OF WELL CONSTRUCTION, REPAIR, MODIFICATION AND DESTRUCTION

Note— Prior ordinance history: Ord. 351 N.S.

A.

The city is dependent upon the water supplied from wells drawing from the Paso Robles formation and from the underflow in the Salinas River. These wells constitute the city's sole source of water supply and their aquifers must be protected against overdraft and contamination so that the city may continue to provide the necessary volume of potable water to its citizens within the health and welfare guidelines promulgated by the various state and federal regulatory agencies.

B.

It is the purpose of this chapter to protect the health, safety, and general welfare of the people of the state of California by ensuring that the ground waters of this state will not be polluted or contaminated. To this end, minimum requirements are contained in this ordinance for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, monitoring wells, and other wells of similar type.

(Ord. 596 N.S. (part), 1990)

Except as otherwise required by the context of 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 74-90 and subsequent supplements or revisions. The definitions in this chapter apply to the provisions of this chapter only and do not affect any other provisions of law.

A.

"Well" means an artificial excavation constructed by any method for the purpose of extracting water from or injecting water into, the underground, or for providing cathodic protection or electrical grounding of equipment, or for making tests or observations of underground conditions, or for any other similar purpose. Wells include, but are not limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein:

"Community water supply well" means a water well for domestic purposes in system subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code (See "city well");

"Individual domestic well" (See"noncity well");

"Industrial wells" means water wells used to supply industry water on an individual basis;

"Agricultural wells" means water wells used to supply water for crop irrigation or other agricultural purposes, including stock wells;

"Salt water (hydraulic) barrier wells" means wells constructed to extract or introduce water into the ground as a means of preventing intrusion of salt water into a fresh water-bearing aquifer;

"Cathodic protection well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground commonly referred to as cathodic protection;

"Test or exploratory hole" means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation, or any other means;

"Electrical grounding well" means any artificial excavation in an aquifer or in excess of fifty feet, constructed by any method for the purpose of establishing an electrical ground;

"Observation well" means a well used for monitoring or sampling the condition of a water-bearing aquifer—such as water pressure, depth, movement, or quality;

"Noncity well" means any well that supplies potable or irrigation water, or both, to residential, commercial, and industrial users that are located within the boundaries of the city.

These wells listed above, and other wells not listed, but whose regulation is necessary, shall be regulated to fulfill the purpose of this chapter. The ordinance shall not pertain to the following types of wells and excavations;

a.

Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation except when these wells are converted for use as water wells;

b.

Drill holes for soil testing purposes where such holes are less than twenty-five feet in depth;

c.

Holes or excavations for soil percolation tests;

d.

Drill holes for seismic exploration where such drill holes are less than twenty-five feet in depth;

e.

Excavations for drainage percolation ponds or spreading basins; and

f.

Wells used for the purpose of (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments.

B.

"Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health.

C.

"Pollution" means an alteration of the quality of water to a degree which negatively affects (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. Pollution may include contamination.

D.

"Modification or repair" means the deepening of a well, preformation, sealing or replacement of a well casing, or similar activities which result in the change of the original well or well appurtenances.

E.

"Board" means the governing board of the local jurisdiction having well standards authority: (1) The city council of the city of Paso Robles as pertaining to the regulations administered and inspections conducted by the city of Paso Robles, and (2) the county board of supervisors as pertaining to those regulations administered and inspections conducted by the county of San Luis Obispo.

F.

"Enforcement agencies" means the regulatory agencies designated by the boards to administer the well standards regulations: (1) the Department of Public Works as pertaining to those regulations administered and inspections conducted by the city of Paso Robles, and (2) the county health department as pertaining to those regulations administered and inspections conducted by the county of San Luis Obispo.

G.

"City well" means a public well owned by the city of Paso Robles to provide water supply to those commercial, industrial, and residential establishments served by the city's water supply system (see "community water supply well").

H.

"Person" means any person, firm, corporation, or governmental agency, to the extent authorized by law.

I.

"Well drilling contractor" (or "Well driller") means a contractor licensed in accordance with the provisions of the California Contractors' Law, Chapter 9, Division 3, of the Business and Professions Code, commencing with Section 7000.

J.

"Private well" means any well that supplies potable or nonpotable water, or both, to residential, agricultural, commercial, industrial, parks, open space, recreational or any other use and that is located on property within the boundaries of the city. As used in this Chapter 14.06, a "private well" shall constitute a "noncity well.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 2, 1-5-2016)

These regulations shall be considered violated when: (a) work is attempted without benefit of a permit, (b) work is attempted after permit has been denied, (c) work is attempted after permit has been revoked or suspended, and (d) the permittee does not follow the requirements of this chapter.

(Ord. 596 N.S. (part), 1990)

Unless expressly provided otherwise, any notice of chapter violation shall be given under one or both of the methods listed herein: (1) Emergency conditions—at such time that proposed or actual actions occur that pose probable or immediate danger to the city's' groundwater sources, then such notice of violation may be hand delivered to such party that is involved in said actions and/or responsible for these actions; or, (2) Normal conditions—under those circumstances that do not pose probable or immediate danger to the city's groundwater sources, notice of violation may be given by mailing notice, postage prepaid, addressed to the person to be notified at the person's residence or principal place of business. It is at the discretion of the director of public works to designate the conditions as emergency or normal. The affidavit of the person who delivers or who mails notice, stating the fact of such delivery or mailing, is prima facie evidence that the notice was given.

(Ord. 596 N.S. (part), 1990)

In addition to any other penalties provided for by law, the department of public works may suspend or revoke those permits where the requirements of this chapter have not been met.

(Ord. 596 N.S. (part), 1990)

The enforcement agency shall remove the violation notice when (a) it is determined by the enforcement agency or the city council that no violation exists, or (b) all required and corrective work has been completed and approved by the enforcement agency.

(Ord. 596 N.S. (part), 1990)

No person, firm, corporation, or special district formed under the laws of this state shall within the city, construct, replace, repair, modify, rehabilitate, or destroy any well unless such person possess a valid permit issued by the department of public works as provided in this Chapter 14.06. Any person, firm, corporation, or special district refused or denied the issuance of a permit, or issued a conditional permit, shall have the opportunity for an appeal as described under Section 14.06.052.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 3, 1-5-2016)

No person shall construct, repair, modify, or destroy any well unless such construction, repair, modification, or destruction is in conformance with the terms, conditions, and standards specified in this chapter and requirements stated and in the written permit issued by the department of public works.

(Ord. 596 N.S. (part), 1990)

Applications for permits shall be made to the department of public works on forms provided by that department. The application shall be accompanied by the required filing fee. A permit shall be issued upon satisfactory completion of the application form and compliance with all conditions as are necessary to fulfill the purposes of this chapter.

A.

Minimum Information Required. The following minimum information must be provided by the applicant for the permit:

A plot plan indicating the exact location of the well with respect to the following items within a radius of two hundred feet of the proposed well: (a) property lines, (b) sewage disposal systems or facilities carrying or containing sewage or industrial waste, (c) all intermittent or perennial, natural or artificial water bodies or watercourses, (d) drainage pattern of the property, (e) existing wells, (f) access roads;

Location of the property (including township, range, and section);

Name of the well driller who will construct the well;

Size and proposed depth of well;

Use of well; and

Other information as may be required by the department of public works to fulfill the purpose of this chapter.

B.

Filing Fees. Filing fees may be set by the council from time to time by resolution.

(Ord. 596 N.S. (part), 1990)

A permit may be conditioned in any manner necessary to carry out the purposes of this chapter. Conditions shall include, but are not limited to the items listed herein.

(Ord. 596 N.S. (part), 1990)

Permits may be issued to an owner of property provided that the construction, destruction, repair, and/or modification of the well is done by a contractor as described under Section 14.06.046. Work done on the discharge side of the well, including the backflow prevention device and from this device through the pipes and plumbing, may be completed by the owner or a competent worker in the employ of the owner, except where limited by the other sections of this chapter or by state or local law.

(Ord. 596 N.S. (part), 1990)

As a condition precedent to the issuance of a permit, every applicant shall file or have on file with the department of public works, a corporate surety bond in the sum of two thousand five hundred dollars issued by a surety company licensed to do business in this state, or in lieu thereof, a cash deposit in the sum of two thousand five hundred dollars. As used in this section, the term "cash deposit" includes, without limitation, certificates of deposit payable to the city issued by banks doing business in this state, investment certificates or share accounts assigned to the city and issued by savings and loan associations doing business in this state, or bearer bonds issued by the United States Government or by this state. Said surety bond shall be conditioned to secure the compliance and faithful performance by the permittee of the terms, conditions, and standards imposed by this chapter, or by any permit issued hereunder. If cash is deposited in lieu of such bond, said cash deposit shall secure the compliance and faithful performance by the permittee of the terms, conditions, and standards imposed by this chapter, or by any permit issued hereunder.

(Ord. 596 N.S. (part), 1990)

All construction, reconstruction, or destruction work on wells shall be performed by a competent well drilling contractor possessing an active C-57 contractor's license in accordance with the provisions of the California Business and Professions Code, Section 7000, et seq., and Water Code Section 13750.5. In addition, the contractor shall fulfill the following requirements:

A.

Either prior to or after the application for permit with the city, but prior to commencement of well construction or other related work, the well contractor shall obtain the necessary county permit(s) and a copy of said permit(s) shall be attached to the city application.

B.

During well construction, the contractor shall maintain a daily well log and give details in regard to depths and types of soils/formations encountered. A copy of this log shall be submitted to the city prior to finalization of well project.

C.

The contractor shall perform all work in conformance with the latest standards of the California Department of Water Resources. The well contractor shall pay particular attention to the construction of the sanitary seal.

D.

The contractor shall submit data sheets indicating the depth and dimension of the well and the location of the sanitary seal; along with this information, copies of the materials certifications used in the well construction shall also be submitted to the department of public works.

(Ord. 596 N.S. (part), 1990)

The well contractor shall ensure the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work. The permittee shall have the ultimate responsibility for all actions taken by the contractor in regard to all work attempted and/or completed.

(Ord. 596 N.S. (part), 1990)

As a condition for obtaining a permit, any abandoned wells on the property shall be properly destroyed in conformance with the applicable standards for well abandonment.

(Ord. 596 N.S. (part), 1990)

A.

Posting of Permit. It shall be the responsibility of the permittee, during the progress and completion of the work, to have a copy of the permit posted at the job site.

B.

Permit—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 extenuating circumstances, the department of public works 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.

C.

Permit—Suspension and Revocation. The department of public works may suspend or revoke any permit issued pursuant to this Chapter, whenever it finds that the permittee has violated any of the provisions of this Chapter, has failed to comply with any permit condition, or has misrepresented any material fact in his application, or any supporting documents, for such a permit. An appeal of a decision by the department of public works may be made as described under Section 14.06.052.

D.

Consequences. No person whose permit has been denied, suspended, or revoked shall perform, or continue to perform, the work for which a permit is required under this chapter.

E.

Ordered Additional Work. Upon suspending or revoking any permit, the department of public works may order the permittee to perform any work that is necessary to protect the underground waters from pollution or contamination. No permittee or person who has held any permit issued pursuant to this chapter shall fail to comply with any such order.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 4, 1-5-2016)

Any person may appeal a decision by the department of public works regarding the issuance, denial, suspension or revocation of a permit, or any conditions attached thereto, by filing an appeal with the council. The city clerk shall set the matter for hearing before the council and shall give reasonable notice of the time and place thereof to the applicant or permittee. The council shall hear the evidence offered by the applicant/permittee and the department of public works, and shall decide the issue.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 5, 1-5-2016)

Editor's note— Ord. No. 1021 N.S. § 5, adopted January 5, 2016, amended § 14.06.052, to read as set out herein. Previously § 14.06.052 was titled "Appeals procedure."

Except as otherwise specified, the standards for the construction, repair, reconstruction, or destruction of wells shall be as set forth in:

A.

Department of Water Resources Bulletin 74-81. The California Department of Water Resources Bulletin 74-81, Water Well Standards, State of California except as modified by subsequent revisions.

B.

All Subsequent Supplements and Revisions. All subsequent Bulletin 74-81 supplements or revisions issued by the Department of Water Resources once the revised standards have been reviewed at appropriate public hearing.

(Ord. 596 N.S. (part), 1990)

Editor's note— Ord. No. 1021 N.S. § 6, adopted January 5, 2016, repealed § 14.06.070, in its entirety. Former §

The enforcement agency may designate areas where ground water quality problems are known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require special measures and precautions when wells are contemplated in such areas.

(Ord. 596 N.S. (part), 1990)

The director of public works, or his representatives, 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 chapter is being violated. The director of public works may require that each completion, modification, repair, or destruction operation be inspected prior to any further work.

(Ord. 596 N.S. (part), 1990)

Upon receipt of an application, the department of public works may make an inspection of the drilling site prior to the issuance of a permit. The purpose of this inspection is to determine whether there are any site conditions such that the enforcement agency shall do the following:

A.

Relocation of Drilling Site. The enforcement agency may require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution.

B.

Additional Conditions. The enforcement agency may set additional conditions if necessary to remediate any previously unknown groundwater quality protection problems.

(Ord. 596 N.S. (part), 1990)

The enforcement agency shall inspect the annular space grout seal depth prior to the sealing.

(Ord. 596 N.S. (part), 1990)

The enforcement agency shall be notified by the well driller a minimum of twenty-four hours prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement agency twenty-four hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

(Ord. 596 N.S. (part), 1990)

In order to make the final inspection, the driller shall notify the enforcement agency within seventy-two hours of their completion of their work at the drilling site(s). The enforcement agency shall make a final inspection after completion of the work to determine whether the well was completed in accordance with this chapter.

(Ord. 596 N.S. (part), 1990)

Inspections may be waived by the city of Paso Robles department of public works where the work will be inspected by the staff of the California Regional Water Quality Control Board, the California Department of Health Services, or

the San Luis Obispo County Health Department. These agencies will provide a copy of their inspection report(s) to the department of public works.

(Ord. 596 N.S. (part), 1990)

The driller shall provide the enforcement agency a well completion report within thirty days of the completion of any well construction, reconstruction, or destruction job.

(Ord. 596 N.S. (part), 1990)

A copy of the report of completion (Water Well Drillers Report, Department of Water Resources Form 188) required by California Water Code Section 13751 shall be submitted by the permittee to the enforcement agency within thirty days of construction, modification, or destruction of any well. This report shall document that the work was completed in accordance with the standards and with all additional permit conditions.

(Ord. 596 N.S. (part), 1990)

In accordance with California Water Code Section 13752, reports prepared as set forth in Section 14.06.102 shall not be made available for inspection by the public, but otherwise shall be made available in accordance with state law.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 7, 1-5-2016)

Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of California Water Code Sections 13750 through 13755 relating to notices and reports of completion or any other federal, state or local reporting regulations.

(Ord. 596 N.S. (part), 1990)

In the event the director of public works determines that a well constitutes a public nuisance, he shall abate the nuisance in accordance with provisions of Chapter 9.06 of this code or by any other means available at law.

(Ord. 596 N.S. (part), 1990)

If the director of public works finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health and safety of the public, he may immediately abate the nuisance. After abating the nuisance, the director of public works shall comply with the provisions of Chapter 9.06 of this code.

(Ord. 596 N.S. (part), 1990)

All persons owning an abandoned well as defined in the well standards, except those excluded by California Health and Safety Code Section 24440, shall destroy it before December 31, 1991, under the direction of, and to be inspected by, the San Luis Obispo County health department.

(Ord. 596 N.S. (part), 1990)

It is the goal of the city to supply water to all premises within the boundaries of the city. With only a few exceptions, the city water system is available to serve the entire city, and therefore private wells may be approved only under limited conditions. The city's goal and policy regarding private wells is founded on several key principles, including but not limited to the following:

The city, county, landowners and other stakeholders in the Paso Robles Groundwater Basin should share in the stewardship of basin resources.

The city is committed to prudent city-wide use of water and water conservation.

The goals and objectives of city's water resource master plans, wastewater and recycled water plans, urban water management plan, and groundwater management and sustainability plans should be integrated to provide a long- term, reliable, and high quality water supply for the city.

The city's development of a city recycled water system should be used to offset the potable water demand, consistent with statewide water recycling goals and the city's integrated water resources management plan.

A reliable and sustainable water system requires all users to contribute financially to the system.

Potential conflicts among well users in the unincorporated areas should be minimized.

The need exists to control cross-connections and minimize the possibility that private well usage might degrade groundwater quality.

The need exists to police the proper abandonment of wells.

It is recognized that some private wells already exist in the city, and it may be appropriate to allow construction of new private wells or modification, replacement or rehabilitation of existing private wells within the city under certain limited circumstances. Private wells may be temporarily needed to provide water in areas without city water service, including areas recently annexed to the city, agricultural areas, or for resort and recreation uses in appropriate zones.

In recognition of these circumstances the director of public works in accordance with this chapter may authorize the construction, replacement, repair/reactivation, modification, or rehabilitation of private wells for the supply of potable or irrigation water and may issue orders for the abandonment of such private wells. Property owners shall be required to construct, repair, modify, render inactive and abandon private wells in accordance with the applicable rules, regulations, and requirements of federal, state or local agencies.

(Ord. 728 N.S. § 2 (part), 1997: Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 8, 1-5-2016)

Editor's note— Ord. No. 1021 N.S. § 8, adopted January 5, 2016, amended § 14.06.132, to read as set out herein. Previously § 14.06.132 was titled "Restrictions on noncity wells within boundaries of city."

It is unlawful for any person or entity to construct a noncity well without first obtaining a permit and following the procedures and provisions of this chapter.

(Ord. 596 N.S. (part), 1990)

Any private well that has been operating continuously in the three-year period immediately prior to the effective date of the ordinance adding this section may continue in operation, provided, however, that such private well owner shall allow city, at the city's expense, to install a metering device to monitor the production volume of such well. The owner shall grant to the city the authority to enter the property for periodic inspection to ensure proper operation and maintenance of the metering device. Existing private wells with city-installed metering devices shall be exempt from the requirements to obtain a permit under Section 14.06.136 for so long as such well operations continue as exists on such effective date.

Notwithstanding the foregoing, a new permit shall be required and the requirements of Section 14.06.136 and

A.

Use or uses of the property served by the well(s) is proposed to change or intensify, or

B.

Deepening, replacing, rehabilitating, or re-drilling the well(s) is proposed, or

C.

Modifications are proposed for such well(s) that would increase the volume of water to be supplied by such well(s), or

D.

Additional water fixtures are proposed as part of a building permit application for residential properties, or

E.

The continued operation of the well(s) has created or is likely to create or result in any nuisance or other hazard that threatens the public health and safety.

(Ord. No. 1021 N.S. § 9, 1-5-2016)

The director of public works may issue a permit for the construction of a new private well or for the modification, replacement or rehabilitation of existing private well only under one of the following circumstances:

Domestic Uses in Agricultural Zones

For a potable water source for a proposed residence, secondary residence, or an addition to either that is located in an area zoned agricultural or parks and open space, and where a water service line extension is required, the property boundary is more than one thousand feet from a city potable water source. Such permit shall remain in effect until such time as a city potable water source becomes available within one thousand feet of the property boundary.

Agricultural Uses in Agricultural Zones

For non-potable water to be used for agricultural purpose(s) on agriculturally-zoned properties within the city limits and where the nearest property boundary is located more than one thousand feet from a city recycled or other non- potable water source. Permitted private wells supporting agricultural uses may, at the discretion of the director of public works, remain in service to meet water quality and/or seasonal usage demands if city recycled or other non- potable water source becomes available within one thousand feet from the property boundary.

Resort and Other Recreational Land Uses

For non-potable water to be used for a recreational land use (golf course, athletic field, related non-potable purpose) in a parks and open space or agricultural zone and where the property boundary is located more than one thousand feet from a city recycled or other non-potable water source.

Other Properties Distant from City Water Supply

To provide water supply to any property not listed above within the city limits whose closest property boundary is located more than one thousand feet from a city water source.

Existing Well on Property Being Annexed to City

For an active well providing water on property that is annexed to the city after the effective date of the ordinance amending this section and that meets one of the conditions described above in this section.

The issuance of a permit for a private well pursuant to this chapter shall not be deemed to satisfy any other condition required by the city regarding improvements on the property, including, but not limited to, fire suppression needs.

As used in this section, "non-potable water" shall have the meaning set forth in Section 14.07.010.

(Ord. 728 N.S. § 2 (part), 1997: Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 10, 1-5-2016)

Editor's note— Ord. No. 1021 N.S. § 8, adopted January 5, 2016, amended § 14.06.136, to read as set out herein. Previously § 14.06.136 was titled "Permit eligibility."

A.

The issuance of any permit for a new private well or for the modification, replacement or rehabilitation of existing private well shall be conditioned upon compliance with an agreement executed by the property owner ("owner") and the director of public works on behalf of the city. Such agreement shall be in a form approved by the city attorney. the terms of such private well agreement shall include, but are not limited to, the following provisions, as applicable:

The private well shall provide water only to the property identified in the agreement, and strictly for the purpose(s) and for the volume specified in the agreement. Water from the private well shall not be used for any other purpose(s) or for the benefit of or to provide water to any other property.

The private well shall be operated and maintained in a manner to protect against any threat to public health and safety.

Owner shall provide the city with specific information on the location of the well, including accurate coordinates through land surveying or use of a Global Positioning System (GPS) and a property map showing the well location in sufficient detail to allow a city agent to readily locate the well.

City shall have the right to inspect the wellhead, appurtenances, and related facilities with reasonable advance notice to the owner. The owner shall grant to the city the authority to enter the property for periodic inspection to ensure proper operation and maintenance of the well. Owner shall pay the city for the costs of any such inspections.

All costs of maintenance and repair of the private well shall be at the owner's expense.

For any private well(s) serving more than one single family residence, the owner shall place an approved metering device on the well to monitor its production volume and shall report such usage no less frequently than quarterly to the director of public works.

Owner shall waive any and all claims against the city for interference with owner's right or ability to extract water from the private well, or the quality or quantity of the water available from such well, and shall defend, indemnify and hold the city harmless from any such claims from third parties.

Any private well, appurtenances, and related facilities shall be constructed in accordance with all applicable requirements of the state department of water resources, the state department of health services, the county health department, city public works department, and any other local, state or federal agency with jurisdiction.

Any private well, appurtenances, and related facilities shall be operated and maintained in a safe and sanitary manner at all times, at no expense to the city.

The private well shall be constructed with a reduced pressure principal backflow prevention assembly (RP device) at the discharge outlet of the well. The RP device shall conform to the standards of the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, and said device shall be inspected and tested at least once per year by a city-approved qualified technician, at the owner's expense. A report of the inspection shall be submitted to the city public works department. Further, owner shall maintain an air gap at all times between the private well system and the city water system.

If in the opinion of the city director of public works, the county health department, the county flood control and water conservation district, or any other local, state or federal agency with jurisdiction, operation of the private well has created or is likely to create or result in any nuisance, or other hazard that threatens the public health and safety, the owner shall comply with the directives of the enforcement agency. The owner shall bear any expenses incurred for such compliance. In addition, if a health hazard or nuisance is determined to exist, the city may terminate the private well agreement and revoke the permit and/or certificate of occupancy for those utilizing the private well pursuant to

this chapter, Sections 102 and 109.6 of the California Building Code and/or Sections 1001.1 and 1001.2 of the Uniform Housing Code, as those sections may be amended from time to time.

Private wells may be rendered inactive only in accordance with the provisions of the California Health and Safety Code and any applicable regulations, and the requirements of this chapter.

The private well agreement shall be recorded against the property, and its provisions shall run with the land and be binding upon any successors in interest to owner.

For any existing private well on property that is annexed to the city after the date of the ordinance amending this section, owner shall be required to provide city with all applicable information required by this chapter regarding such existing well.

The operation of the private well shall comply with the city's water conservation and water shortage contingency plan program, or any similar city water conservation program.

B.

If the director of public works issues an order to abandon the private well due to contamination of the well or other situation posing a pollution risk or other threat to groundwater resources or public health or safety, or in the event that the well is displaced by city water service, then the private well shall be abandoned at the owner's expense in accordance with the standards of the state department of water resources, and any other agency with jurisdiction, and the requirements of this chapter.

C.

The private well agreement shall terminate if:

Owner fails to comply with the terms of the agreement, or

The parties mutually consent, or

The city determines that the private well is interfering with city's ability to deliver water to city residents, is jeopardizing the quality of city water, or is otherwise posing a threat to public health or safety, or

Owner terminates use of the private well, in which case owner shall take all steps to properly abandon the well in accordance with the requirements of this chapter and provide evidence thereof to the city, or

At the discretion of the director of public works, for a private well providing non-potable water, city recycled or other non-potable water source becomes available within one thousand feet of the property boundary.

D.

At the discretion of the director of public works, the private well permit agreement may include additional conditions, including but not limited to the following:

Owner shall submit to the director of public works a report prepared by a qualified and licensed professional assessing the impact of the proposed well, both on quality and quantity, on other wells in the area, and the potential impact of such proposed well on surrounding properties, whether within or outside the city.

Owner's agreement to not oppose formation of an assessment district or other type of public financing mechanism for the purposes of constructing water mains to provide city water service to owner's property.

The parties shall terminate the private well agreement, and owner shall either abandon or render inactive the private well and connect to city water either when directed to do so by the director of public works or when the conditions set forth under "domestic uses in agricultural zones" in Section 14.06.136 no longer apply. Owner shall pay city water connection fees at the rates in effect at the time of connection. Owner shall take all steps necessary to either abandon or render inactive the private well in accordance with the applicable rules and regulations of state law, any or local regulatory or enforcement agency with jurisdiction over such matters, and this chapter.

(Ord. 596 N.S. (part), 1990)

(Ord. No. 1021 N.S. § 11, 1-5-2016)

Editor's note— Ord. No. 1021 N.S. § 8, adopted January 5, 2016, amended § 14.06.138, to read as set out herein. Previously § 14.06.138 was titled "Approval conditions."

Pursuant to California Water Code Section 13225(c), the enforcement agency shall submit an annual report to the applicable California Regional Water Quality Control Board. The minimum amount of data to be submitted is as follows:

A.

The number of wells constructed or destroyed;

B.

Descriptions of all well destructions undertaken by an enforcement agency using its 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; and

D.

A description of the cases where inspections were made by other agencies and thereby waived by the city of Paso Robles.

(Ord. 596 N.S. (part), 1990)