Chapter 26 — WELLS

SECTION:

26-1: Purpose And Intent

26-2: Well Abandonment Upon Municipal Service Connection

26-3: Adoption Of County Well Standards

26-4: Amendments

26-5: Conflicting Provisions

26-1: PURPOSE AND INTENT:

It is the purpose of this chapter to protect the health, safety, and general welfare of the people of the city by ensuring that the groundwaters of the city and the Tule Subbasin will not be polluted, contaminated, or used in an unsustainable manner. (Ord. 1832, 5- 17-2016)

26-2: WELL ABANDONMENT UPON MUNICIPAL SERVICE CONNECTION:

A. Notwithstanding the county's authority to issue permits for wells, upon connection of a property to the Porterville municipal water system, a private well providing service to said property shall be abandoned, or if more than the subject parcel receives water from the well, the connection from the property to the well shall be abandoned. Parcels five (5) acres in size or greater are exempt from this requirement. If a well serves both a structure and a commercial agricultural crop, the structure shall be disconnected from the well, but the well can remain in order to provide irrigation water in a manner consistent with other chapters of this code.

B. Where a property owner is already connected to Porterville municipal water service and maintains an existing and active well as of the date this chapter is approved, the property owner may continue the beneficial use of the well until:

1. Well failure or lack of performance for greater than twelve (12) months results in a permanently inactive well, as defined in the

Health And Safety Code; or

2. The property owner obtains a building permit for improvements, construction, or remodeling at a cost of twenty one thousand five

hundred sixty nine dollars ($21,569.00) or more within a two (2) year period. This valuation is to be adjusted, by resolution, each year to reflect changes in the cost of construction as indicated in the "Engineering News Record".

C. Abandonment of wells shall be completed in conformance with the standards adopted by the department of water resources and the state water resources control board, in accordance with the California Water Code. (Ord. 1832, 5-17-2016)

26-3: ADOPTION OF COUNTY WELL STANDARDS:

A. The city hereby adopts by reference the county well standards contained in chapter 7 of the county code and such future county amendments as may be required to satisfy the minimum requirements contained in the state model well standards for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, and monitoring wells.

B. The city hereby authorizes the county environmental health department to issue permits, collect fees, and to use all appropriate enforcement powers within the city limits to carry out the provisions of the county well standards. (Ord. 1832, 5-17-2016)

26-4: AMENDMENTS:

Nothing in this chapter shall be interpreted or construed to forfeit or otherwise restrict the rights or authority of the city to rescind or amend this chapter, or to establish local well standards, as the city deems appropriate in order to protect and address matters of local concern. (Ord. 1832, 5-17-2016)

26-5: CONFLICTING PROVISIONS:

All ordinances, municipal code sections, resolutions, city council motions, and all actions of all city boards, commissions and committees in conflict with this chapter are hereby repealed. (Ord. 1832, 5-17-2016)