Poway Municipal Code Art. V Construction, Repair, Reconstruction and Destruction of Wells

No person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the Health Officer as provided in this chapter, and unless the work done shall conform to the standards specified in this chapter and all the conditions of the said permit.

(CC § 67.440; Ord. 29 § 1, 1981)

A. Applications. Applications for permits shall be made to the Health Officer and shall include the following:

1. A plot plan showing the location of the well with respect to the following items within a radius of 250 feet from the well:

a. Property lines,

b. Waste disposal systems or works carrying or containing sewage, industrial wastes or solid wastes,

c. All intermittent or perennial, natural or artificial bodies of water or watercourses,

d. The approximate drainage pattern of the property,

e. Other wells,

f. Structures, surface or subsurface;

2. Location of the property, and the Assessor’s parcel number;

3. The name of the person who will construct the well;

4. The proposed minimum and the proposed maximum depth of the well;

5. The proposed minimum depths and types of casings and minimum depths of perforations to be used;

6. The proposed use of the well;

7. Other information as may be necessary to determine if the underground waters will be adequately protected.

B. Fees. Each application shall be accompanied by a fee as set forth in PMC § 8.20.080.

C. Conditions. Permits shall be issued to compliance with the standards provided in this chapter except that such standards shall be inapplicable or modified as expressly provided by the Health Officer in such permit upon his finding that such modifications or inapplicability will accomplish the purposes of this chapter. Permits may also include any other condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this chapter.

D. Grounds for Refusal of Permit. The Health Officer may refuse to issue a permit for any of the following reasons:

1. The applicant is not a person authorized to perform the work as provided in this chapter;

2. The applicant fails to post the required surety bond or cash deposit as provided in this chapter;

3. The permit application is not in proper form;

4. The proposed well would create a water pollution problem or would aggravate a pre-existing water pollution problem or would violate any of the standards established in Chapter 8.48 PMC.

E. Term – Completion of Work. The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. The permittee shall notify the Health Officer in writing upon completion of the work and submit a copy of the well drilling log and no work shall be deemed to have been completed until such written notification and a copy of the well drilling log have been received. A final inspection of the work shall be made by the Health Officer unless such inspection is waived by him, and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed or waived.

F. Guarantee of Performance. Prior to the issuance of a permit, the applicant shall post with the Health Officer a cash deposit or bond guaranteeing compliance with the terms of this chapter and the applicable permit, such bond to be in an amount deemed necessary by the Health Officer to remedy improper work but not in excess of $2,500. Such deposit or bond may be waived by the Health Officer where other assurances of compliance are deemed adequate by him.

G. Continuous Bond or Cash Deposit. In lieu of furnishing a separate bond for each permit as provided above, a properly licensed contractor may deposit with the Health Officer a surety bond or cash deposit in the amount of $2,500, which bond or cash deposit shall be available to remedy any improper work done by the contractor pursuant to any permit issued under this chapter.

H. Denial of a permit may be appealed in accordance with Chapter 2.20 PMC.

(CC § 67.441; Ord. 29 § 1, 1981; CC Ord. 6378 § 22, 1982; Ord. 67 § 1, 1982; Ord. 492 § 3, 1998)

Construction, reconstruction, repair and destruction of wells shall be performed by a contractor licensed in accordance with the provisions of the Contractor’s License Law (Business and Professions Code, chapter 9, division 3) unless exempted by that law.

(CC § 67.442; Ord. 29 § 1, 1981)

A. Upon receipt of an application, an inspection of the well location may be required by the Health Officer to be made by the Health Officer prior to issuance of a well permit.

B. The Health Officer or any person designated by the Health Officer may inspect the work in progress and may enter the premises at any reasonable time for the purpose of performing such inspection.

C. After work has been completed pursuant to any permit the Health Officer shall be notified by the person performing the work and the Health Department shall make a final inspection of the completed work to determine compliance with the well standards.

(CC § 67.443; Ord. 29 § 1, 1981)

A. Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed within 120 days following the issuance of the permit.

B. Upon expiration of any permit issued pursuant to this chapter, no further work may be done in connection with construction, repair, reconstruction or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter.

(CC § 67.444; Ord. 29 § 1, 1981)

Any permit issued pursuant to this chapter may be extended at the option of the Health Officer. Each individual extension granted by the Health Officer shall be for not longer than 120 days. In no event shall the Health Officer grant an extension which would make the total term of the permit exceed one year. Application for extension shall be made on a form provided by the Health Officer. The fee for submitting such application shall be in an amount as established by City Council resolution from time to time.

(CC § 67.445; Ord. 29 § 1, 1981; Ord. 683 § 33, 2008)

A. A permit issued under this chapter may be revoked or suspended by the Health Officer as hereinafter provided if he determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation and that the permittee has failed or neglected to make the necessary adjustments within 30 days after receiving such notice.

B. A permit may be so revoked or suspended by the Health Officer if he determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation; provided, that notice of the time and place of such hearing is given to the permittee at least five days prior thereto.

C. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee, and the time for filing an appeal to the Board of Supervisors has expired. The notice shall advise the permittee of his right to appeal to the Board of Supervisors and to stay the suspension or revocation pending such appeal.

(CC § 67.446; Ord. 29 § 1, 1981)

Any person who has drilled, dug, excavated or bored a well shall, upon completion of the well, submit to the Health Officer an accurate and complete log to include:

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

B. Type of well casing;

C. Location of perforations and sealing zones; and

D. Any other data deemed necessary by the Health Officer. In areas where insufficient subsurface information is available, the Health Officer may require inspection of the well log prior to any operation.

(CC § 67.447; Ord. 29 § 1, 1981)