San Bernardino Municipal Code Art. III Geothermal and Ground Water Reservoir Management

In furtherance of the purposes of this chapter, it shall be the policy of the city, in exercise of its powers to provide for the public health, safety and welfare, that all wells existing on the effective date of this chapter, and those constructed or altered thereafter, be used in such a manner as to:

(A) Conserve and protect the geothermal fluids and ground water within and adjacent to the city, in order to enhance reservoir productivity and benefit; prevent wasteful extraction and disposal of geothermal fluids and thermal ground water; prevent geothermal fluid and thermal ground water temperature degradation; maintain stable static levels of geothermal fluids and thermal ground waters; prevent thermal pollution of surface environs and waters; and prevent harmful intermixing of geothermal fluids or thermal ground water with non-thermal ground waters;

(B) Allow continued individual inhabitant utilization of geothermal fluids and thermal ground water for residential, commercial, industrial and other legitimate beneficial purposes;

(C) Increase and disseminate the scientific knowledge of geothermal and ground water resources; and

(D) Protect the public health, safety and welfare from improperly constructed, operated, maintained or abandoned wells.

(Ord. MC-298, passed 8-17-1983)

(A) Existing wells meaning. All wells existing or under construction within the city on the effective date of this chapter shall be known as existing wells, and shall be subject to the requirements of this article.

(B) Registration of existing wells. Owners of existing wells, within and without the city, may register their wells with the Geothermal Data Center as soon as this chapter becomes effective. Such registration shall be voluntary and without cost to the owner, and shall be for purposes of providing information to the Geothermal Data Center in accordance with § 13.20.280(C)(5). Said registration shall be on forms supplied by the Geothermal Data Center for that purpose, and may include, but not be limited to, the name and address of the owner, specific location of the well, date of construction, depth and diameter of the well, specifications of casing, bottom hole temperature, static fluid or water level, type of geothermal utilization system, accessibility for monitoring devices and disposal method, if any. The General Manager shall direct reasonable public notice to the city’s inhabitants at large, explaining the registration program and encouraging participation.

(C) Existing surface discharge elimination. In order to eliminate the wasteful and harmful effects of thermal fluid or water surface discharges, any well or geothermal facility discharging geothermal fluids or thermal ground water onto the surface of the ground or into any public ditch or drainage facility, on the effective date of this chapter, shall be brought into conformity with all applicable environmental requirements within one year of such effective date. The General Manager shall cause such discharging wells or facilities to be identified by the Geothermal Data Center, and shall cause to be offered technical assistance to affected owners during the conversion or abandonment of such discharging wells or facilities.

(Ord. MC-298, passed 8-17-1983)

(A) New wells meaning. All wells constructed or altered within the city subsequent to the effective date of this chapter shall be known as new wells, and shall be subject to the requirements of this article.

(B) Application for well permit. In addition to all applicable state and federal requirements, any person, except the Board, desiring to construct, install or alter a well within the city shall first apply for a well permit at the Geothermal Data Center on forms provided for that purpose by the Geothermal Data Center. Well contractors or drilling operators shall not commence construction or alteration of a well prior to the owner of a proposed well receiving a well permit.

(C) Application fee. All applications for a well permit shall be accompanied by an application fee established by Board resolution.

(D) Application review. The General Manager shall review each application to determine any potential impacts upon the city heating service; any potential for adverse effects to the surrounding reservoir and other wells; conformity with city plans and ordinances; and to assure registration with the Geothermal Data Center.

(E) Permit decision. No later than 21 days from the date of filing a well permit application, using the criteria contained in division (F) below, the General Manager shall notify the applicant, by certified mail, of his or her decision, setting forth any conditions imposed, and, if denied, the basis thereof. Any well permit issued pursuant to this chapter is in addition to any permits required by state and federal regulations.

(F) Permit decision criteria. Permit decisions pursuant to division (E) above shall contain written findings for approval or denial which may include, but are not limited to, the following criteria:

(1) The estimated hydrological impacts of the proposed wells operation upon the reservoir and surrounding wells;

(2) The adequacy of provisions for environmental protection and public safety;

(3) The compliance of the proposed well and its use with this chapter, the city’s general plan and all other applicable city laws, ordinances and regulations; and

(4) Such other reservoir management criteria as may be deemed directly relevant to the proposed well or its operation.

(G) Appeal of permit decision. Applicants or other affected persons may appeal the permit decision to the Board in accordance with § 13.20.270.

(H) Authority to attach conditions to permits. When the General Manager determines that certain construction or operational conditions are necessary to assure the conservation and protection of thermal ground water and/or geothermal resources, or to assure the conservative and efficient utilization of said water and/or resources, the General Manager may stipulate conditions within a well permit issued according to division (E) above; such conditions may include, but are not limited to:

(1) Restrictions on hours of well construction, with appropriate requirements for noise muffling and waste disposal necessary to assure compatibility with surrounding land uses;

(2) Well casing requirements above and beyond state requirements, necessary for ground water and geothermal fluid protection;

(3) Restrictions on pumping, heat exchanging, storage and injection operations necessary for the conservation or protection of ground waters and geothermal fluids; and

(4) Requirements for scientific sampling, testing or monitoring necessary to conserve or protect ground water or geothermal fluids, or to determine the permitted wells impacts on such water or fluids.

(I) Completion inspection. Upon completion of any well construction or alteration, but prior to any testing or commencement of regular use, the owner shall promptly notify the Geothermal Data Center to request a well completion inspection. Promptly after receiving such request, the Board shall cause an inspection and written report thereof to be made for purposes of assuring compliance with this chapter and registration with the Geothermal Data Center. Notice of well pump testing shall be given in accordance with § 13.20.400(C).

(J) New surface discharges. Any well or geothermal facilities constructed or altered after the effective date of this chapter shall be operated or altered in such a manner as to conform with applicable environmental rules and regulations. Surface discharges for maintenance purposes shall be conducted in accordance with applicable environmental rules and regulations.

(Ord. MC-298, passed 8-17-1983)

Filing of application copy: all wells constructed, operated or maintained for purposes of injecting geothermal fluids or ground water into the ground shall comply with applicable state statutes and rules relating to injection.

(Ord. MC-298, passed 8-17-1983)

(A) Annual well survey. The Geothermal Data Center, in accordance with § 13.20.280(C), shall annually mail to all registered well owners, within and without the city, a questionnaire to update original registration information and to document, to the extent possible, well operation characteristics of the preceding year. Scheduling of the survey shall be determined by the General Manager and response to it shall be voluntary. The city may issue such surveys on a more frequent and geographically selective basis when investigating specialized geothermal or ground water matters.

(B) Well-drilling data. A copy of all well logs prepared in accordance with state or city law shall be furnished to the Geothermal Data Center within 30 days after the completion of the well construction or alteration by the well contractor or drilling operator.

(C) Well maintenance or pumping notice. No less than 24 hours prior to performing any well maintenance or maintenance-related well pumping within the city, the person performing said work shall notify, telephonically or by written or personal message, the Geothermal Data Center. Such notification shall include, but need not be limited to, the nature of maintenance or pumping to be performed, well location, name of owner and the approximate duration of the work. Notice of maintenance necessary for emergency reasons for which advance notice was impossible may be given to the Geothermal Data Center as soon as such emergency conditions will reasonably permit.

(Ord. MC-298, passed 8-17-1983)

(A) In connection with the principal functions and activities of the city heating service, Board officials may enter upon any property within the city for purposes of inspecting wells and geothermal facilities, or monitoring the operational characteristics of such wells and facilities, when such inspection and monitoring is reasonably necessary to the assessment of ground water or geothermal fluid temperatures, chemistry, static levels, quantities and movements; the assessment of land subsidence or erosion; or the assessment of other indices related to geothermal or ground water reservoir management, or protection of the public safety and welfare.

(B) The Board shall provide affected property owners with reasonable prior notice of any intended inspection or monitoring, describing the nature, purpose and duration of the necessary inspection or monitoring; such inspections or monitoring shall be conducted in accordance with applicable city and state procedures for inspection warrants, if the land owner or other person in possession objects to any such inspection or monitoring.

(Ord. MC-298, passed 8-17-1983)

Whenever the General Manager determines that any well within the city is, by nature of its construction, installation or operation, causing wasteful use of thermal ground water or geothermal fluids, or is adversely interfering with other wells, or is polluting ground water or surface water, the General Manager shall promptly notify the affected owner, by certified mail, of the wasteful or defective well, and require said owner to repair or adjust the well within 60 days. It is unlawful to fail to repair a well or to continue a wasteful or defective operation after expiration of the 60 days following notification. Any violation of this section is an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. MC-298, passed 8-17-1983; Ord. MC-460, passed 5-15-1985)