Poway Municipal Code Art. I General Provisions

It is the purpose of this chapter to provide for the construction, repair and reconstruction of wells to the end that the groundwater of this City will not be polluted or contaminated and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this City, and for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety or welfare of the people of this City.

(CC § 67.401; Ord. 29 § 1, 1981)

The following words shall have the meaning provided in this section:

A.

“Abandoned” or “abandonment”

apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Health Officer, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Health Officer. All such declaration shall be renewed annually and at such time be resubmitted to the Health Officer for approval. Test holes and exploratory holes shall be considered abandoned 24 hours after construction work has been completed, unless otherwise approved by the Health Officer of the City.

B.

“Abatement”

means the construction, reconstruction, repair or destruction of a well so as to eliminate a nuisance caused by a well polluting or contaminating groundwater.

C.

“Agricultural well”

means a water well used to supply water for irrigation or other agricultural purposes, including so called stock wells.

D.

“Cathodic protection well”

means any artificial excavation in excess of 20 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. See definitions of deep anode bed and shallow anode bed.

E.

“Commercial well”

means a water well used to supply a single commercial establishment.

F.

“Community water supply well”

means water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code.

G.

“Construct” or “reconstruct” (construction or reconstruction)

means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

H.

“Contamination”

means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.

I.

“Deep anode bed”

means any cathodic protection well more than 50 feet deep.

J.

“Destruction”

means the proper filling and sealing of a well that is no longer useful so as to assure that the groundwater is protected and to eliminate a potential physical hazard.

K.

“Electrical grounding well”

means any artificial excavation in excess of 20 feet constructed by any method for the purpose of establishing an electrical ground.

L.

“Health Officer”

means the Health Officer of the County.

M.

“Individual domestic well”

means a water well used to supply water for domestic needs of an individual residence.

N.

“Industrial well”

means a water well used to supply an industry on an individual basis.

O.

“Modification, repair or reconstruction”

means the deepening of a well or the reperforation or replacement of a well casing and all well repairs and modifications that can affect the groundwater quality.

P.

“Observation well”

means a well used for monitoring or sampling the conditions of water-bearing aquifer, such as water pressure, depth, movement or quality.

Q.

“Order of abatement”

means both mandatory and prohibitory orders requiring or prohibiting one or more acts. Said term also includes those orders effective for a limited as well as an indefinite period of time, and include modifications or restatements of any order.

R.

“Permit”

means a written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well.

S.

“Person”

means any person, firm, corporation or governmental agency.

T.

“Pollution”

means an alternation of the quality of water to a degree which unreasonably affects:

Such waters for beneficial uses; or

Facilities which serve beneficial uses.

U.

“Public nuisance,”

when applied to a well, means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.

V.

“Salt water (hydraulic) barrier well”

means a well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

W.

“Shallow anode bed”

means any cathodic protection well more than 20 feet deep but less than 50 feet deep.

X.

“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.

Y.

“Well”

means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical ground conditions, or for any other similar purpose. Wells include, but are not limited to, community water supply wells, individual domestic wells, commercial wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined in this section, and other wells whose regulation is necessary to accomplish the purposes of this chapter. Wells shall not include:

Oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells;

Wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or

Other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the Health Officer.

Z.

“Well Standards Advisory Board”

means the Well Standards Advisory Board appointed by the Health Officer pursuant to this chapter.

(CC § 67.402; Ord. 29 § 1, 1981)

Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Article 3 of Chapter 10 of Division 7 of the Water Code of the State or any successor thereto.

(CC § 67.403; Ord. 29 § 1, 1981)