Reedley Municipal Code Ch. 4 Water Wells

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 county 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, for the destruction of abandoned wells, and for the abatement of wells found to be public nuisances to the end that all such wells will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety or welfare of the people of this city. (Ord. 504, 6-5-1973)

As used in this chapter, the following words shall have the meanings provided in this section:

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

AGRICULTURAL WELLS: Water wells used to supply water for irrigation or other agricultural purposes, including so called "stock wells".

COMMUNITY WATER SUPPLY WELL: A water well used to supply water for domestic purposes in systems subject to Health and Safety Code sections 116270 et seq.

CONTAMINATION: An impairment of the quality of water to a degree which creates a hazard to the public health through spreading poison or through disease.

HEALTH OFFICER: The Fresno County health officer or his authorized representative.

INDIVIDUAL DOMESTIC WELL: A water well used to supply water for domestic needs or an individual residence or commercial establishment.

INDUSTRIAL WELLS: Water wells used to supply industry on an individual basis.

ORDER OF ABATEMENT: Both mandatory and prohibitory orders requiring or prohibiting one or more acts; said term shall also include those orders effective for a limited as well as an indefinite period of time, and shall include modifications or restatements of any order.

PERSON: Any person, firm, corporation or governmental agency.

POLLUTION: An alteration of the quality of water to a degree which unreasonably affects: a) such waters for beneficial uses; or b) facilities which serve such beneficial uses. Pollution may include contamination.

WELL OR WATER WELL: Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground. "Well" or "water well" shall not include:

A. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the department of conservation, except those wells converted to use as water wells; or

B. Wells used for the purpose of watering excavations during construction, or stabilizing hillsides or earth embankments. (Ord. 504, 6-5-1973)

Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Water Code article 3, chapter 10, division 7. (Ord. 504, 6-5-1973)

A. No person shall, within the area of the city, construct, repair, reconstruct or abandon any well unless a written permit has first been obtained from the health officer, and the work conforms to the conditions of such permit and this chapter. Applications for such permits shall be made on the forms provided for that purpose and in accordance with procedure established by the county health department.

B. Each such application shall be accompanied by a filing fee set by resolution of the city council. No part of the fee shall be refundable.

C. Within ten (10) business days after receipt of the application, the county health officer shall either grant, conditionally grant or deny the permit. If the application is not acted upon within said ten (10) day period, the application shall be deemed granted. A permit shall not be issued if, in the judgment of the health officer, the well may jeopardize the health, safety or welfare of the people of the city.

D. Construction, reconstruction, repair and destruction of wells shall be performed by a contractor with a C-57 contracting license, or any equivalent issued by the department of professional and vocational standards; provided, however, that a property owner may construct, reconstruct, repair or destruct a well on his own property, which well serves or will serve said property that is neither being offered for sale or intended to be so offered. (Ord. 504, 6-5-1973)

A. Upon receipt of an application, an inspection of the well location shall be made by the health officer precedent to issuance of a well permit.

B. After work has been completed, 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. (Ord. 504, 6-5-1973)

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

Upon expiration of any permit issued pursuant hereto, 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. (Ord. 504, 6-5-1973)

Standards for the construction, repair, reconstruction or abandonment of wells shall be as set forth in chapter II of the department of water resources bulletin 74-81 and 74-90, "Water Well Standards (1990)", or as subsequently revised or supplemented, which are hereby incorporated by reference, with the following modification: the minimum distance between all wells and subsurface sewage leaching fields or septic tanks shall be one hundred feet (100'); cesspool or seepage pits shall be one hundred fifty feet (150'); and sewer line shall be fifty feet (50'). (Ord. 504, 6-5-1973; amd. 2007 Code)

The health officer shall have the power to allow variances from the standards referred to in section 4-4-7 of this chapter so as to prevent unnecessary hardship or injustice and at the same time accomplish the general purpose and intent of the standards. (Ord. 504, 6-5-1973)

A. A permit issued hereunder 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 thirty (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 (5) 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 city council has expired. The notice shall advise the permittee of his right to appeal to the city council and to stay the suspension or revocation pending such appeal. (Ord. 504, 6-5-1973)

The health officer may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, investigate the situation to determine whether such a nuisance does in fact exist. He shall have the power, when in the performance of his duty and upon first presenting his credentials and identifying himself as an employee of the county health department to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M., to discover or inspect any thing or condition which appears to indicate such a nuisance. He may examine such premises, things or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists. (Ord. 504, 6-5-1973)

Whenever the health officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten (10) days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The health officer may for good cause extend the time specified in the order or otherwise modify or rescind the order.

The order of abatement shall advise the possessors and owners of the property of their right to appeal to the city council and to stay the order of abatement pending such appeal. (Ord. 504, 6-5-1973)

Any person whose application for a permit has been denied or whose permit once issued has been revoked or suspended, or who has been given an order of abatement may, within ten (10) days following the receipt of the notice of such denial, suspension or revocation, or of the order of abatement, file an appeal in writing to the city council. Said appeal shall be accompanied by a filing fee in the amount set by resolution of the city council and shall specify the grounds upon which the appeal is taken. The clerk of the council shall then proceed to set the matter for hearing, not later than twenty (20) days thereafter, and such appeal shall stay the effect of any order or action until the council hears the appeal and issues its order either to affirm, overrule or modify the action of the health officer. Notice of the hearing shall be mailed to the appealing party at least five (5) days prior to the hearing. (Ord. 504, 6-5-1973; amd. 2007 Code)

In the event that a nuisance is not abated in accordance with an order of abatement, the health officer may, upon securing the approval of the city council proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the city council. (Ord. 504, 6-5-1973)

The health officer shall prepare and file with the clerk of the city council a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record and any other person known to have a legal interest in the property.

A hearing shall be held on said report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten (10) days prior to the date set for the hearing. The city council shall determine at the hearing the correct charge to be made for the work. If such costs are not paid by the owner of said property within thirty (30) days of the determination by the city council, they shall be assessed upon the property involved as a special assessment. The special assessment will then be collected at the same time and in the same manner as city or county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary city or county taxes. All laws applicable to the levy, collection and enforcement of city and/or county taxes shall be applicable to such special assessment. (Ord. 504, 6-5-1973)

This chapter shall not affect the right of the city to abate as a public nuisance, pursuant to Government Code article 9, chapter 1, part 1, division 1, title 5 (commencing with section 50230), any abandoned well which presents a safety hazard. (Ord. 504, 6-5-1973)