Port Hueneme Municipal Code Ch. 1.5 Water Well Regulations

The purpose of the enactment of provisions of this Chapter is to provide, in cooperation with the County of Ventura, for the construction, maintenance, operation, use, repair, modification, and destruction of water wells located within the city; to ensure that the groundwater of the County of Ventura will not be contaminated or polluted; to ensure that water obtained from wells will be suitable for use; and to preserve and protect the public health, safety and general welfare of the residents of the City.

(Ord. 574 § 1 (part), 1991)

For the purposes of this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:

(a) "Abandoned Well." Abandoned Well means any of the following:

(1) A well, other than a monitoring well, which has been in continuous disuse for one (1) 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; or

(2) A monitoring well from which no monitoring date has been taken for a period of two (2) or more years; or

(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 permitted by this Chapter;

(4) An engineering test hole, twenty-four hours after construction and testing work has been completed on the same.

(b) "Cathodic Protection Well." A Cathodic Protection Well means 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.

(c) "City." City means the City of Port Hueneme.

(d) "City Inspector." City Inspector means a person authorized by the Director to inspect all work for which a permit is issued pursuant to this Chapter.

(e) "Community Water Supply Well." Community Water Supply Well means any water well which provides water for public water systems as defined in Section 4.010.1(e) of the Health and Safety Code.

(f) "Completion Operation." Completion Operation means any of the following work produced 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 Chapter as being a required part of a Completion Operation.

(g) "Contamination." Contamination means 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) "Department." Department means the City's Public Works Department.

(i) To "destroy" a well means to fill it (including both interior and annular space 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.

(j) "Director." Director means the Public Works Director or his or her duly authorized representative.

(k) "Engineering test hole" means an uncased excavation used to determine the engineering or geological properties of subsurface material by seismic investigation, direct observation or any other means.

(l) "Individual Domestic Well." Individual Domestic Well means any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation.

(m) To "inspect" a well means to personally witness, record and certify compliance, for work pursuant to a condition or conditions of a valid permit.

(n) To "Modify" or "Repair." To modify or repair a well means to replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a liner in the well, or to change the depth of the well.

(o) "Monitoring Well." Monitoring Well means 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.

(p) To "Own." A person shall, for the purpose of this Chapter be deemed to "own" a well if such person is the owner of the land on which the well is located.

(q) "Permit." Permit shall mean a permit issued pursuant to the provisions of this Chapter.

(r) "Permittee." Permittee shall mean the person to whom a Permit is issued.

(s) "Person." Person means any natural person and any artificial person including any corporation, partnership or governmental entity.

(t) "Pollution." Pollution means an alteration of waters by waste, salt water 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.

(u) To "Possess." A person shall be deemed to "possess" a well if such person is in actual possession of the well or has a legal right to the possession thereof.

(v) "Registered Inspector" or "Inspector." Registered Inspector or Inspector means a professional engineer or registered geologist currently registered in California, approved by the 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 a Registered Inspector shall be deemed qualified to perform required inspection(s) provided a Registered Inspector reviews the well inspection record and assumes responsibility for the accuracy and completeness of the work by signing the well inspection record.

(w) "Water Well." Water Well means 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 wells, gas wells, and geothermal wells subject to regulations under the provisions of Division 3 (commencing with Section 3000) of the Public Resources Code;

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

(3) Seepage pits approved for use under permit from the Department.

(x) "Well." Well includes a cathodic protection well, engineering test hole, monitoring well or water well.

(Ord. 574 § 1 (part), 1991)

(Ord. No. 690, § 4, 6-15-09; Ord. No. 694, § 2, 11-16-09)

No person, either on his or her property or the property of another, shall, within the city construct, repair, modify or destroy any Cathodic Protection Well which is over 50 feet deep, any 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. The Director may issue an annual Permit for one or more Engineering Test Holes which are over 50 feet deep and which are inspected by a Registered Inspector.

(Ord. 574 § 1 (part), 1991)

Applications shall be filed with the Director, and shall include all of the following:

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

(1) Approximate lot lines;

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

(3) All intermittent or perennial, natural or artificial water bodies or water courses;

(4) Drainage pattern of the property;

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

(6) Access roads.

(b) Location of property.

(c) Name, address, telephone of the person who will perform the work on the well.

(d) Name, address, telephone and affiliation of Registered Inspector (monitoring wells and engineering test holes only.)

(e) Proposed depth of well.

(f) Use of well.

(g) Proof satisfactory to the 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 (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code).

(h) A certificate satisfying the requirements of Section 3800 of the Labor Code (Worker's Compensation).

(i) Such other information as the Director may deem necessary in order to determine whether underground waters will be protected.

Permits shall be issued or denied within 15 working days after the day on which the completed applications are received by the Department. If an application is incomplete, or does not comply with the provisions of this Chapter, no Permit shall be issued thereon.

(Ord. 574 § 1 (part), 1991)

Permits, when issued, shall be deemed conditioned to require compliance with the provisions of this Chapter, and all other applicable provisions of law. The Director shall have the authority to impose additional conditions upon the issuance of a Permit as is reasonably necessary to protect the public peace, health and general welfare. A permit shall expire six (6) months from the date of issuance unless it is extended by the Director, in writing. The Director may grant one or more extensions to the term of a Permit, each for a period not to exceed three months, if the Permittee proves to the reasonable satisfaction of the Director that circumstances beyond the control of the Permittee make it infeasible to complete the permitted work prior to the prior expiration date. Annual Permits for Engineering Test Holes shall expire one (1) year from the date of issuance.

(Ord. 574 § 1 (part), 1991)

The Permittee shall complete work authorized by the Permit and satisfy all the conditions imposed upon the Permit prior to the expiration date of the Permit.

(Ord. 574 § 1 (part), 1991)

Prior to the issuance of a Permit or any extension thereof, the applicant/permittee may be required by the Director to post with the City, a security guaranteeing compliance with the provisions of this Chapter and the conditions imposed upon such Permit, such security shall be in a form approved by the Director in an amount deemed necessary by the Director, to remedy improper work, but not in excess of the total estimated cost of the permitted or required work.

(Ord. 574 § 1 (part), 1991)

No person shall perform any work at any location in the City, for which a Permit is required by this Chapter, unless such person is in possession of:

(a) A valid license for such work issued in accordance with the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code); and

(b) A valid business license issued by the City; and

(c) Such other licenses as are required by applicable law.

(Ord. 574 § 1 (part), 1991)

Any Permit issued pursuant to this Chapter shall be subject to termination prior to its expiration date as provided in this Section.

(a) Grounds. A Permit issued pursuant to this Chapter shall be revoked and terminated if the Director finds any of the following:

(1) That the license of the person performing work pursuant to a Permit was revoked or terminated; or

(2) Failure of the Permittee and its contractors to comply with any provision of Section 3800 of the Labor Code; or

(3) Failure of the Permittee or of any person who owns or possesses the Well to which the Permit relates, to comply with any provisions of this Chapter; or

(4) The misrepresentation by the Permittee or its agents of any material fact in the application for such Permit; or

(5) A failure by the Permittee or Owner or person in possession of a Well to comply with an Order issued pursuant to such Section 7137.

(b) Notice. To initiate proceedings to terminate a Permit, the Director shall send written notice thereof to the Permittee and any other person requesting in writing such notice. The notice shall briefly describe the circumstance which the Director believes constitutes a ground for termination; and the time and place of the administrative hearing.

(c) Hearing. The City Manager or his designee ("Hearing Officer") shall conduct the hearing at the time and place specified in the notice. The hearing shall be informal and shall not be governed by the strict rules of evidence applicable to courts of law, but the Hearing Officer shall observe the substance of those said rules to the end that the matter will be decided based upon reliable evidentiary matters. The burden of proof to justify termination shall be on the Director. The Permittee and any other interested person shall have the right to present relevant evidence at the hearing. Within not to exceed thirty(30) days after the conclusion of the hearing, the Hearing Officer shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there is justification for such termination. The determination of the Hearing Officer 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. If the determination is to terminate the Permit, the Hearing Officer shall terminate the Permit. If the Hearing Officer determines that a ground for termination exists, but the ground or grounds for termination can be remedied, the Hearing Officer may continue the matter for a reasonable time to allow the Permittee a reasonable period of time to correct the deficiency.

(d) Prehearing Suspension. The Director may suspend a Permit without a hearing when the Director determines that such action in necessary to protect the public peace, health or safety or the environment from imminent danger. The Director shall notify the Permittee of such suspension. The suspension shall remain in effect until the Hearing Officer makes a final determination after the conduct of the hearing; provided, however, that the Director may vacate the order of suspension, if the Director determines that it is no longer necessary to protect the public peace, health or safety.

(Ord. 574 § 1 (part), 1991)

Standards for the construction, repair, modification or destruction of Wells shall be those set forth in the California Department of Water Resources 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 the California Department of Water Resources, with the following exceptions:

(a) The Director may adopt additional or more stringent standards to be applicable in any or all zones of the City as delineated in aforementioned Bulletin No. 74-9.

(b) 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 mesh screen to prevent contaminating material from entering the vent.

(c) 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 the aforementioned Bulletin No. 74-81.

(d) In Sealing Zone III as described in the aforementioned Bulletin No. 74-9, no permit shall be issued pursuant to Section 3 for the construction, repair, or modification of any Well which is perforated in the Oxnard aquifer zone and/or the Mugu aquifer unless it is demonstrated to the satisfaction of the Director either that:

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

(2) 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;

(v) The Well will be used for domestic purposes.

(e) Engineering Test Holes having a depth greater than 50 feet shall be destroyed immediately upon completion of testing by complete filling and/or sealing of the borehole in accordance with criteria established by the Director. The Director may waive complete sealing if the Permittee demonstrates to the Director's reasonable satisfaction that the public peace, safety and general welfare will not be placed in jeopardy.

(Ord. 574 § 1 (part), 1991)

Any person who has performed any work for which a Permit is required by this Chapter, and which involves drilling, digging, excavating or boring of a Well, shall, within 30 days of completion of such work, submit to the Director an accurate and complete well log in a form satisfactory to the Director. In areas for which the Director deems the available subsurface information to be insufficient, the Director may require any Permittee or other person performing a completion operation to submit a well log prior to commencement of the complete operation. A well log shall include all of the following:

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

(b) The type and size of well casing;

(c) The location of perforations and sealing zones;

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

(e) Any other data required by the Director in the permit conditions.

(Ord. 574 § 1 (part), 1991)

Any Registered Inspector who has inspected any work accomplished pursuant to a Permit which involves drilling, digging, excavating or boring a Well, within thirty (30) days of completion of such work, shall submit to the Director an accurate and complete well inspection report on forms satisfactory to the Director. A well inspection report shall include all of the following:

(a) Permit number;

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

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

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

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

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

(g) Date sealed;

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

(i) Any other data required by the Director in the permit conditions.

(Ord. 574 § 1 (part), 1991)

Any person who owns or possesses 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 shall constitute 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 Chapter.

(b) Notice. To initiate proceedings to order corrective action, the Director shall give written notice to the person who owns the Well and/or the person in possession of the Well. The notice shall briefly describe the occurrence which the Director finds constitutes a ground for ordering the corrective action; the proposed corrective action; and the time and place for a hearing to determine whether such a corrective order would be issued. At the noticed hearing, all interested persons shall be afforded an opportunity to present evidence on the issue of the necessity for ordering the proposed corrective action.

(c) Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by the strict rules of evidence applicable to courts of law, but the substance of those said rules shall be utilized to the end that the matter will be decided based upon reliable evidentiary matters. Permittee and all other interested persons shall have the right to present relevant evidence at the hearing. At the conclusion of the hearing, not later than thirty (30) calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether the proposed corrective order should be issued. The determination of the 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 all or part of proposed corrective action is required, the Director shall issue and serve upon the Permittee a written order ("Order") requiring such 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 may be taken by the City at the expense of the Permittee, and/or that the Permit is subject to termination as provided in Section 7133 for a failure to comply with such Order.

(e) Compliance. Any owner or possessor of a Well who is served with such an Order shall, on or before the deadline stated therein, commence and prosecute to completion every corrective action described in the Order. Any owner or possessor of a Well to which an Order relates, who is served with such an Order, and any person who thereafter acquires ownership or possession of such a Well, with actual or constructive notice of the Order, shall, for so long as such person owns or possesses the Well, continue to take all corrective actions described in the Order.

(Ord. 547 § 1 (part), 1991)

No person shall own, possess or maintain an abandoned Cathodic Protection Well which is over 50 feet deep, or 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 Chapter or a current certificate of exemption has been issued therefor as provided in this Chapter.

(Ord. 547 § 1 (part), 1991)

Any person who owns or possesses a Water Well or Monitoring Well which is abandoned or is about to become abandoned but who intends to use such Well again, may apply to the Director, in a form satisfactory to the Director, for a certificate of exemption from the requirement that such Well be destroyed. If the Director determines from the application for such exemption, that groundwater pollution and/or contamination of groundwater would not occur and/or hazard to the public peace, health or safety would result, the Director shall issue such a certificate of exemption. A certificate of exemption shall expire three (3) years after issuance. A Certificate of Exemption shall be terminated by the Director at any time prior to expiration upon a determination that destruction of the Well is necessary to prevent pollution or contamination of groundwater or is necessary to avoid a hazard to public health or safety. Such determination by the Director shall be made only after the Director conducts a noticed public hearing thereon, in the time and manner described in Section 7137 et seq. Successive certificates of exemption may be issued with respect to a Well in the same manner as the original certificate.

(Ord. 547 § 1 (part), 1991)

The Director and designated 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 violation of this Chapter exists. Where any work for which a Permit is required by this Chapter be completed in stages, all work completed for any stage shall be inspected prior to any further work being accomplished. Registered Inspectors shall inspect drilling and sealing operations for Engineering Test Holes and Monitoring Wells if required by conditions of approval imposed upon a permit.

(Ord. 547 § 1 (part), 1991)

Any person who violates any provision of this Chapter 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 offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney determines that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation of this Chapter shall be treated as an infraction; in such case, the violation shall then be prosecuted as an infraction. The provisions of this Section are in addition to and independent of any other sanctions which are or may be imposed under this Chapter or any other provision of law.

(Ord. 574 § 1 (part), 1991)

If any corrective action required by an Order is not taken in full compliance with such Order, such failure shall be deemed a public nuisance, and may be abated by direction of the City Manager, in such manner as is permitted by law.

(Ord. 574 § 1 (part), 1991)

Where a criminal or civil action of any kind is required to enforce the provisions of this Chapter, the City shall recover all of its costs incurred, including applicable administrative overhead charges and costs for investigative, engineering and/or legal services. The amount of such costs shall be assessed as provided in Section 3411 of this Code.

(Ord. 574 § 1 (part), 1991)

The foregoing provision of this Chapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety code or of Article 2 (commencing with Section 4521).

(Ord. 574 § 1 (part), 1991)

The City Council, by resolution, shall set filing and processing fees applicable to this Chapter.

(Ord. 574 § 1 (part), 1991)