San Joaquin Municipal Code Ch. 51 Water

Section

Water Service System

Private Water Systems

Water Wells

Potable Water Protection Regulations

Cross-reference: Utilities Billing and Collection, see Chapter 53

WATER SERVICE SYSTEM

(A) A department to be known as the City Water Department, hereinafter referred to as Water Department, is established. The Water Department shall be under the supervision, control and management of the Superintendent of Public Works.

(1994 Code, § 13.04.010)

(B) There is created an account to be known as the City Water Department account. Each month at the regular meeting of the City Council a written report shall be submitted by the City Finance Department of all moneys received or collected in the water account during the last preceding month.

(1994 Code, § 13.04.020)

(Ord. 76-101, passed - -1976)

The term WATER CHARGES, as used in this subchapter, means charges made by the city for supplying domestic and commercial water and shall include charges for sewer and other related incidental services. Water charges and charges for connecting to the water and sewer systems of the city shall be established and fixed by resolution of the City Council. When any notice is required by this subchapter to be given to a property owner or consumer, the notice shall be in writing and shall either be served personally or served by mail. Service by mail on a property owner shall be made to the address appearing on the records of the County Tax Assessor, and service by mail on a consumer shall be made to the street address of the premises being served.

(1994 Code, § 13.04.030; 1994 Code, § 13.04.040) (Ord. 76-101, passed - -1976; Ord. 88-102, passed - -1988; Ord. 90-102, passed - -1990; Ord. 2018-100, passed 9-10-2018)

Any duly authorized agent of the Water Department shall have the authority to enter any building or premises for the purpose of investigating the property of any owner or consumer of water services in order to designate the rate to be applied to the property and to view the water pipes and other equipment connected therewith. Except in emergency situations, the agents of the Water Department shall not enter any building or premises without the consent of the owner or occupant thereof, unless an investigation warrant authorizing the entry and investigation is first obtained. No person shall hinder or prevent the agents of the Water Department, while in the performance of the duties herein described from entering upon and into any and all property at all reasonable hours for the purpose of inspecting the same in order to carry out the provisions of this chapter. Any person who hinders or prevents the agents of the Water Department from the performance of their duties pursuant to this section shall be guilty of an infraction punishable pursuant to the provisions of § 10.99.

(1994 Code, § 13.04.050)

No person, excepting a duly authorized agent of the Water Department, shall turn water on or off from any building, structure or premises, and no person shall tap, cut or move any water pipe laid in streets or alleys, unless written permission to do so has been granted by the Water Department. The penalty for unauthorized turning on or shutting off, cutting or movement of pipe as expressed above shall be a fine in the amount of $50 for the first violation. Any subsequent violation will result in a fine of $100. The fines will be in addition to any fee for turning on the water as provided in § 51.002.

(1994 Code, § 13.04.060) Penalty, see § 51.999

Editor's note:

This section is currently undergoing review and revision by the city

Each water service must have a shut-off between the main valve and the building being served, the shut-off valve to be supplied by the owner.

(1994 Code, § 13.04.070) (Ord. 76-101, passed - -1976; Ord. 88-102, passed - -1988; Ord. 90-102, passed - -1990)

Where metered services are installed, the water shall pass through the meter, and no by-pass or connection between the main and the property shall be made, maintained or permitted, except as may be installed by permission of the Superintendent of Public Works for fire services.

(1994 Code, § 13.04.090) (Ord. 76-101, passed - -1976)

It is the duty of each property owner and consumer to keep the space about any meter or shut-off valve servicing his or her property free and clean of trash, garbage, barrels or boxes, dirt, oil, building material or other obstructions that may in any way interfere with the free access to the same by the employees of the Water Department. Upon a failure to comply with this requirement, the Superintendent of Public Works shall cause notice thereof to be given to the owner of the property and the consumer of the service if other than the owner to remove the obstruction within 48 hours of receiving the notice. Thereafter, if the condition continues to exist beyond the period specified in the notice, the obstruction may be removed by the Water Department, and the cost thereof charged against the property owner and consumer to be paid at the same time and in the same manner as the monthly water charges.

(1994 Code, § 13.04.100) (Ord. 76-101, passed - -1976)

It is unlawful for any person to open any street hydrant or valve; to tamper with or interfere with any street service, water connection, reservoir, pumping plant or any water meter attached to any service line connected with the mains, water lines or hydrants of the city; to turn on and off water mains or water lines of the city; to tap, break or injure any water main, water line, meter or other fitting of the city laid in any street, avenue, alley or other public place; tamper with, deposit or cause to be deposited in any water main or line of the city any fluid or solid matter or substance of any kind; to do any act that might cause water to become polluted; to make or add any water connection, line, main or service not authorized by the Superintendent of Public Works; and to take, pump or draw water from any main, line or hydrant of the city without first arranging with the Water Department for the same and paying the established rate therefor. If an unlawful water connection, line, main or service of water consumption is found to exist on any premises by the Superintendent of Public Works, the Superintendent of Public Works shall post in a conspicuous place on the premises a written notice specifying that the same is in violation of § 51.010 of this chapter and giving the particulars thereof; and if the violation shall thereafter continue for 48 hours without correction, the Superintendent of Public Works shall terminate water service to the premises, and water service shall not again be turned on until the violation has been cured in accordance with the specifications of the Superintendent of Public Works and a penalty is paid therefor equal to the penalty for delinquency specified in § 51.002. In addition to and at the time of posting the notice, a copy thereof shall be served on the owner of the property and on the consumer of the service if other than the owner.

(1994 Code, § 13.04.120) (Ord. 76-101, passed - -1976) Penalty, see § 51.999

Whenever the Superintendent of Public Works shall consider it necessary for the safety of the water system to have an approved check valve placed on the property line of any water service, written notice thereof shall be given to the owner of the property and the consumer of the service if other than the owner requiring the same. If the valve shall not be installed within five days of the giving of notice, the Superintendent of Public Works shall make the installation thereof, and the expense connected therewith shall be charged against the property owner and consumer to be paid at the same time and in the same manner as the monthly water charges.

(1994 Code, § 13.04.140) (Ord. 76-101, passed - -1976)

The city reserves the right to shut off the water from any premises or from any part of the distributing system as long as necessary without notice when the circumstances of the occasion may require it, but, in all cases of extensions or connections, the Water Department shall attempt to notify consumers of the necessity of shutting off water and the probable length of time the water will be shut off before taking the action.

(1994 Code, § 13.04.150) (Ord. 76-101, passed - -1976)

When property is to be served with water by the city, the service shall be provided to the property line.

(1994 Code, § 13.04.160) (Ord. 76-101, passed - -1976)

Service of water shall not be made outside the corporate limits of the city except to those persons currently receiving the same.

(1994 Code, § 13.04.200) (Ord. 75-102, passed - -1975)

It is unlawful for any person who owns any dwelling, building or structure equipped with an evaporative cooler to operate the cooler without a fully functional recyclable system. The recyclable system shall effectively recycle the water throughout the evaporative cooler so as to not allow clean water to be introduced into the city's sewer system. Therefore, for the purpose of monitoring this system, the overflow discharge line and end shall be visible to allow an inspection of water discharge. Any person violating this section shall be issued a written warning either personally or by mail at the address of the dwelling, building or structure. The warning will grant the owner or person in possession of the premises ten days to correct the defect. Failure to correct the defect within the ten-day period shall result in the imposition of a $100 fine which will continue each and every month until the defect is corrected. The Superintendent of Public Works shall be contacted when the defect has been corrected and upon inspection, the monthly fine will be removed.

(1994 Code, § 13.04.210) (Ord. 88-102, passed - -1988; Ord. 90-102, passed - -1990) Penalty, see § 51.999

Editor's note:

This section is currently undergoing review and revision by the city

The above mentioned fees or penalties pursuant to this subchapter shall remain in effect until the City Council deems it necessary to change the amount. Any further changes concerning the fees or penalties will be made by resolution and passed by the City Council.

(1994 Code, § 13.04.220) (Ord. 88-102, passed - -1988; Ord. 90-102, passed - -1990)

PRIVATE WATER SYSTEMS

The use of private water wells as a source of domestic, commercial, industrial or agricultural water within the city is prohibited and made unlawful, except in the following circumstances:

(A) When the well and service are presently in existence the same may be continued, but there shall be no increased capacity or service added thereto except on a permit issued in accordance with the provisions of division (B) of this section; and/or

(B) When a permit therefor has been issued by the City Superintendent of Public Works. The Superintendent of Public Works shall issue the permit after approval by the City Council for temporary use only when the City Council, by resolution, finds the existence of the following conditions:

(1) There is no existing water service available to the property from the city municipal water system;

(2) An application has been submitted to the city for water service from its municipal system, and the application has been denied under the provisions of Ord. 71-2;

(3) The owner of the private water system has entered into a written contract with the city on a form prescribed by the city agreeing to the discontinuance and capping of the well, or in the case of an existing well the discontinuance of the increased capacity or service, on notice by the Superintendent of Public Works that water service is available to the subject property from the city municipal water system;

(4) The property involved is not the subject matter of a new or contemplated subdivision of land or the division or redivision of land not amounting to a subdivision, or in the alternative a private source of water supply for the subdivision or division or redivision has been approved pursuant to the provisions and procedures of the subdivision ordinance of the city; or

(5) Written approval for the well is obtained from the County Health Officer.

(1994 Code, § 13.08.010) (Ord. 71-3, passed - -1971) Penalty, see § 51.999

The construction or maintenance of a private drainage well or drainage pond in the city other than as a part of an approved subdivision, division or redivision of land pursuant to the provisions and procedures of the subdivision ordinance of the city is declared unlawful and a public nuisance.

(1994 Code, § 13.08.020) (Ord. 71-3, passed - -1971) Penalty, see § 51.999

The construction or maintenance of wells in the city for the exploration or production of oil, gas or other hydrocarbons is declared unlawful and a public nuisance.

(1994 Code, § 13.08.030) (Ord. 71-3, passed - -1971) Penalty, see § 51.999

WATER WELLS

It is the purpose of this subchapter to provide for the construction, repair and reconstruction of wells to the end that the ground water of the city will not be polluted or contaminated and that water obtained from the 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 the wells will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety or welfare of the people of the city.

(1994 Code, § 13.12.010) (Ord. 73-106, passed - -1973)

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

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

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 California safe water drinking laws.

CONTAMINATION. 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.

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; the 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.

POLLUTION. An alteration of the quality of water to a degree which unreasonably affects the waters for beneficial uses, facilities which serve the beneficial uses. POLLUTION may include contamination.

SUPERINTENDENT OF PUBLIC WORKS. The City Superintendent of Public Works, except that where by statute or agreement any function required of the Superintendent of Public Works hereunder has been delegated to or mandated of the County Health Officer, the function shall be fulfilled by that official pursuant to the terms of the statute or agreement.

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:

(1) 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

(2) Wells used for the purpose of dewatering excavation during construction or stabilizing hillsides or earth embankments.

(1994 Code, § 13.12.020) (Ord. 73-106, passed - -1973)

Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Cal. Water Code Chapter 10, Division 7, Article 3, or any successor hereto. Likewise nothing contained in this chapter shalt be deemed to release any person from compliance with the provisions of §§ 51.035 through 51.037 or to otherwise limit or abrogate the provisions thereof.

(1994 Code, § 13.12.030) (Ord. 73-106, passed - -1973)

No person shall, within the incorporated area of the city, construct, repair, reconstruct or abandon any well unless a written permit has first been obtained from the Superintendent of Public Works as provided in this subchapter, and the work conforms to the conditions of the permit and this subchapter. Applications for the permits shall be made on the forms provided for that purpose and in accordance with procedure established by the city. Each application shall be accompanied by a filing fee set by resolution of the City Council. No part of the fee shall be refundable. Within ten business days after receipt of the application, the Superintendent of Public Works shall either grant, conditionally grant or deny the permit. If the application is not acted upon within the ten-day period, the application shall be deemed granted. A permit shall not be issued if, in the judgment of the Superintendent of Public Works, the well may jeopardize the health, safety or welfare of the people of the city. Construction, reconstruction, repair and destruction of welts shall be performed by a contractor with a C-57 Contracting License, or an 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 or her own property, which well serves or will serve that property that is neither being offered for sale nor intended to be so offered.

(1994 Code, § 13.12.040) (Ord. 73-106, passed - -1973)

Upon receipt of an application, an inspection of the well location shall be made by the Superintendent of Public Works precedent to issuance of a well permit. After work has been completed, the Superintendent of Public Works shall be notified by the person performing the work and the Public Works Department shall make a final inspection of the completed work to determine compliance with the well standards.

(1994 Code, § 13.12.050) (Ord. 73-106, passed - -1973)

Each permit issued pursuant to this subchapter 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 the purpose is secured in accordance with the provisions of this subchapter.

(1994 Code, § 13.12.060) (Ord. 73-106, passed - -1973)

Standards for the construction, repair, reconstruction or abandonment of wells, or for the cathodic protection of wells shall be as set forth in the Department of Water Resources Bulletin No. 74 and the Department of Water Resources Bulletin No. 74-1 as presently drafted or as subsequently revised or supplemented, the same being incorporated hereby this reference.

(1994 Code, § 13.12.070) (Ord. 73-106, passed - -1973)

The Superintendent of Public Works shall have the power to allow variances from the standards referred to in § 51.056 so as to prevent unnecessary hardship or injustice and at the same time accomplish the general purpose and intent of the standards.

(1994 Code, § 13.12.080) (Ord. 73-106, passed - -1973)

A permit issued hereunder may be revoked or suspended by the Superintendent of Public Works as hereinafter provided if he or she determines that a violation of this subchapter 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 alter receiving the notice. A permit may be so revoked or suspended by the Superintendent of Public Works if he or she determines at a hearing for the purpose that the person to whom any permit was issued pursuant to this subchapter has obtained the same by fraud or misrepresentation: provided that, notice of the time and place of the hearing is given to the permittee at least five days prior thereto. 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 or her right to appeal to the City Council and to stay the suspension or revocation pending appeal.

(1994 Code, § 13.12.090) (Ord. 73-106, passed - -1973)

The Superintendent of Public Works 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 or she shall have the power when, in the performance of his or her duty and upon first presenting his or her credentials and identifying himself or herself as an employee of the Department of Public Works to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of 8:00 a.m. and 6:00 p.m., to discover or inspect anything or condition which appears to indicate a nuisance. He or she may examine the premises, things or conditions, take the samples and make the tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists.

(1994 Code, § 13.12.100) (Ord. 73-106, passed - -1973)

(A) Whenever the Superintendent of Public Works determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, he or she may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten 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 posed upon the 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 Superintendent of Public Works 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 the appeal.

(1994 Code, § 13.12.110)

(B) 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 days following the receipt of the notice of the denial, suspension or revocation, or of the order of abatement, file an appeal in writing to the City Council. The appeal shall be accompanied by a filing fee of $25 and shall specify the grounds upon which the appeal is taken. The City Clerk shall then proceed to set the matter for hearing, not later than 20 days thereafter, and the appeal shall stay the effect of any order or action until the City Council hears the appeal and issues its order either to affirm, overrule or modify the action of the Superintendent of Public Works. Notice of the hearing shall be mailed to the appealing party at least live days prior to the hearing.

(1994 Code, § 13.12.120)

(C) In the event that a nuisance is not abated in accordance with an order of abatement, the Superintendent of Public Works 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.

(1994 Code, § 13.12.130)

(D) The Superintendent of Public Works shall prepare and file with the City Clerk 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 the 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 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 the costs are not paid by the owner of the property within 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 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 taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment.

(1994 Code, § 13.12.140)

(Ord. 73-106, passed - -1973)

Editor's note:

This section is currently undergoing review and revision by the city

This subchapter shall not affect the right of the city to abate as a public nuisance pursuant to Cal. Gov’t Code Chapter 1, Division 1, Title 5, Article 9 (commencing with § 50230) any abandoned well which presents a safety hazard.

(1994 Code, § 13.12.150) (Ord. 73-106, passed - -1973)

POTABLE WATER PROTECTION REGULATIONS

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

AUXILIARY WATER SUPPLY. Any water supply other than the public water supply.

CROSS-CONNECTION. The unprotected joining of or connection between any part of a water system used or intended to supply water for drinking purposes and any material or substances that are not safe, wholesome or potable for human consumption.

PUBLIC POTABLE SUPPLY. Any water supply approved by or under the supervision of a public health agency of the state or any political subdivision thereof.

(1994 Code, § 13.16.010) (Ord. 88-101, passed - -1988)

It is unlawful, after notice or knowledge thereof to cause, establish or maintain a cross-connection on any premises or property.

(1994 Code, § 13.16.020) (Ord. 88-101, passed - -1988) Penalty, see § 51.999

It is unlawful, after notice or knowledge thereof to cause, establish or maintain an auxiliary water supply on any premises or property which obtains water from a public water supply unless the public water supply is protected by a method approved by the County Health Officer or his or her designee.

(1994 Code, § 13.16.030) (Ord. 88-101, passed - -1988) Penalty, see § 51.999

It is unlawful, after notice or knowledge thereof to cause, establish or maintain on any premises or property any material dangerous to health or toxic substance under pressure unless the public water supply on the premises or property is protected by a method approved by the County Health Officer or his or her designee.

(1994 Code, § 13.16.040) (Ord. 88-101, passed - -1988) Penalty, see § 51.999

The County Health Officer or his or her designee may order the public water supply to any premises or property be discontinued upon finding by the County Health Officer of his or her designee that the continuation of the supply may endanger the public health.

(1994 Code, § 13.16.050) (Ord. 88-101, passed - -1988)

The County Health Officer shall establish written rules and regulations for methods of protecting drinking water supplies.

(1994 Code, § 13.16.060) (Ord. 88-101, passed - -1988)

(A) The County Health Officer shall establish certification procedures for persons desiring to be testers of devices and methods used for the protection of drinking water supplies.

(B) The Board of Supervisors may adopt a fee schedule for the certification procedures.

(1994 Code, § 13.16.070) (Ord. 88-101, passed - -1988)

The County Health Officer may establish the rules and regulations as may be necessary for the proper and orderly administration of this subchapter.

(1994 Code, § 13.16.080) (Ord. 88-101, passed - -1988)

The County Health Officer or his or her designee shall confer and consult on matters relating to the protection of the public water supply with the county water purveyors who are participating in the county cross-connection program.

(1994 Code, § 13.16.090) (Ord. 88-101, passed - -1988)

Any person violating any provision of this chapter for which no penalty is prescribed shall be subject to § 10.99.

(1994 Code, § 13.04.190) (Ord. 76-101, passed - -1976; Ord. 88-102, passed - -1988; Ord. 90-102, passed - -1990) Penalty, see § 10.99

Editor’s note:

This section is currently undergoing review and revision by the city