Rancho Santa Margarita Municipal Code Ch. 5.09 Water Well Construction and Abandonment

It is the purpose of this chapter to control the construction and reconstruction of wells to the end that the groundwater of this City will not be impaired in quality 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 to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of groundwater or otherwise jeopardize the health, safety or welfare of the people of this City.

(OCC § 4-5-14; Ord. No. 2607, § 1, 7-18-1972)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned and abandonment shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the City Council, 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 City Council. All such declarations shall be renewed annually and at such time be resubmitted to the City Council 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.

Agricultural well shall mean a water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.

Cathodic protection well shall mean any artificial excavation in excess of 50 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 a cathodic protection well or a deep anode.

Community water supply well shall mean a water well used to supply water for domestic purposes in systems subject to state regulation.

Construct, reconstruct (construction, reconstruction) shall mean to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.

Destruction shall mean 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.

Electrical grounding well shall mean any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground.

Health Officer shall mean the Orange County Health Officer.

Individual domestic well shall mean a water well used to supply water for domestic needs of an individual residence or commercial establishment.

Industrial well shall mean a water well used to supply an industry on an individual basis.

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

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

Person shall mean any person, firm, corporation or governmental agency.

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

Saltwater (hydraulic) barrier well shall mean a well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of saltwater into a fresh water-bearing aquifer.

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

Well shall mean 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 grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and saltwater (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this as determined by the City Council. Wells shall not include:

(1) 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;

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

(3) Other wells whose regulation is not necessary to fulfill the purpose of this as determined by the City Council.

(OCC § 4-5-15; Ord. No. 2607, § 1, 7-18-1972)

(a) No person shall construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Health Officer as provided in this chapter.

(b) Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Health Officer.

(c) Nor shall any such person violate the terms of any order issued by the City Council or the Health Officer, issued pursuant to this chapter.

(OCC § 4-5-17; Ord. No. 2607, § 1, 7-18-1972)

(a) Applications for permits shall be made to the Health Officer containing such information as he or she shall require.

(b) Each application shall be accompanied by a fee which shall be established by the City on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty per cent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within 60 days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.

(c) Permits may be issued subject to any condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this chapter.

(d) A permit may be canceled or the conditions amended by the Health Officer if he determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter.

(OCC § 4-5-18; Ord. No. 2607, § 1, 7-18-1972)

The permittee shall notify the Health Officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the Health Officer and no permittee shall be deemed to have complied with this or his permit until such inspection has been performed.

(OCC § 4-5-19; Ord. No. 2607, § 1, 7-18-1972)

In the event a permit is denied or canceled, the applicant or permit holder shall be given written notice by the Health Officer, which shall specify the reasons for his action and notify the applicant or permit holder of his right to request a hearing before the City Council within ten days.

(OCC § 4-5-25; Ord. No. 2607, § 1, 7-18-1972)

In the event the Health Officer determines that a well constitutes a public nuisance, he shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date and place at which a hearing shall be held by the City Council relating thereto, which date shall be not less than ten nor more than 30 days after the date such notice is mailed. The notice shall state that, in the event the City Council determines that a public nuisance exists, a special assessment shall be imposed upon the land for any costs of abatement.

(OCC § 4-5-26; Ord. No. 2607, § 1, 7-18-1972)

If the Health Officer finds that immediate action is necessary to prevent impairment of the groundwater or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within 24 hours after initiating such abatement, the Health Officer shall give notice of a hearing before the City Council in the manner prescribed in section 5.09.070.

(OCC § 4-5-27; Ord. No. 2607, § 1, 7-18-1972)

(a) At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the City Council finds that a public nuisance exists, it shall direct the Health Officer to take any necessary action to protect the groundwater or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the City Council. The costs of such corrective work by the Health Officer shall become a special assessment upon the land pursuant to section 5.09.100.

(b) If the City Council finds that a permit was improperly denied or canceled, it shall order the Health Officer to issue or reinstate such permit.

(OCC § 4-5-28; Ord. No. 2607, § 1, 7-18-1972)

Upon a finding by the City Council that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this chapter shall constitute a nuisance abatement lien. The owner of record of the property subject to any lien shall be given notice of the lien prior to recording as required by Government Code § 38773.1. The City shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.

(OCC § 4-5-29; Ord. No. 2607, § 1, 7-18-1972)

State Law reference— Nuisance abatement liens, Government Code § 38773.1.

Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1, and future amendments thereto. Well standards may be modified by the Health Officer, with the advice and concurrence of the City Council, where required to cope with the local geological and groundwater conditions.

(OCC § 4-5-30; Ord. No. 2607, § 1, 7-18-1972; Ord. No. 2691, § 1, 7-17-1973)

Any person who violates the terms of this chapter or any permit issued hereunder shall be guilty of a misdemeanor.

(OCC § 4-5-31; Ord. No. 2607, § 1, 7-18-1972)