Santa Ana Municipal Code § 39-66 Notice that well constitutes public nuisance; posting, contents

It is the purpose of this article to control the construction and reconstruction of wells to the end that the ground water 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 ground water or otherwise jeopardize the health, safety or welfare of the people of this city.

(Ord. No. NS-1219, § 1, 9-16-74)

As used in this article, the following words shall have the meaning provided in this section.

Abandoned and abandonment. The terms "abandoned" or "abandonment" shall apply to a well which has not been used for a period of one (1) year, unless the owner declares in writing to the advisory agency 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 advisory agency. All such declarations shall be renewed annually and at such time be resubmitted to the advisory agency for approval. Test holes and exploratory holes shall be considered abandoned twenty-four (24) hours after construction work has been completed, unless otherwise approved by the enforcement officer.

Advisory agency. At all such times as an agreement is in effect between the City of Santa Ana and the County of Orange providing for the enforcement of the provisions of this article by the County of Orange, the advisory agency shall be as set forth in that agreement; otherwise, the advisory agency shall be the city council of the City of Santa Ana.

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

Cathodic protection well. Any artificial excavation in excess of fifty (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. A water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code.

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

Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard.

Electrical grounding well. Any artificial excavation in excess of fifty (50) feet constructed by any method for the purpose of establishing an electrical ground.

Enforcement officer. At all such times as an agreement is in effect between the City of Santa Ana and the County of Orange providing for the enforcement of the provisions of this article by the County of Orange, the enforcement officer shall be as set forth in that agreement; otherwise, the enforcement officer shall be the director of public works of the City of Santa Ana or his designee.

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

Industrial well. A water well used to supply an industry on an individual basis.

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

Permit. A written permit issued by the enforcement officer permitting the construction, reconstruction, destruction, or abandonment of a well.

Person. Any person, firm, corporation or governmental agency.

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

Salt water (hydraulic) barrier well. A well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.

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

Well. 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 salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as determined by the advisory agency. Wells shall not include:

(a) 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;

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

(c) Other wells whose regulation is not necessary to fulfill the purpose of this article as determined by the advisory agency.

(Ord. No. NS-1219, § 1, 9-16-74)

No person shall, within the City of Santa Ana, 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 enforcement officer as provided in this article.

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 enforcement officer.

Nor shall any such person violate the terms of any order issued by the advisory agency or the enforcement officer, issued pursuant to this article.

(Ord. No. NS-1219, § 1, 9-16-74)

Applications for permits shall be made to the enforcement officer containing such information as he shall require.

Each application shall be accompanied by a fee as established by the Orange County Board of Supervisors on the basis of the cost incurred in enforcing the provisions of this article. Fifty (50) per cent of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one (1) year from date of issuance.

Permits may be issued subject to any condition or requirement found by the enforcement officer to be necessary to accomplish the purposes of this article.

A permit may be cancelled or the conditions amended by the enforcement 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 article.

(Ord. No. NS-1219, § 1, 9-16-74; Ord. No. NS-2145, § 6, 9-16-91)

The permittee shall notify the enforcement 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 enforcement officer and no permittee shall be deemed to have complied with this article or his permit until such inspection has been performed.

(Ord. No. NS-1219, § 1, 9-16-74)

In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the enforcement officer, which notice shall specify the reasons for his action and shall notify the applicant or permit holder of his right to request a hearing before the advisory agency within ten (10) days.

(Ord. No. NS-1219, § 1, 9-16-74)

In the event the enforcement 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; the time, date, and place at which a hearing shall be held by the advisory agency relating thereto, which date shall be not less than ten (10) nor more than thirty (30) days after the date such notice is mailed. The notice shall state that in the event the advisory agency determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement.

(Ord. No. NS-1219, § 1, 9-16-74)

If the enforcement officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the enforcement officer shall give notice of a hearing before the advisory agency in the manner prescribed in section 39-66.

(Ord. No. NS-1219, § 1, 9-16-74)

At the time fixed for the hearing, the advisory agency shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the advisory agency finds that a public nuisance exists, it shall direct the enforcement officer to take any necessary action to protect the ground water 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 advisory agency. The costs of such corrective work by the enforcement officer shall become a special assessment upon the land pursuant to section 39-69.

If the advisory agency finds that a permit was improperly denied or cancelled, it shall order the enforcement officer to issue or reinstate such permit.

(Ord. No. NS-1219, § 1, 9-16-74)

Upon a finding by the advisory agency that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this article shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Government Code, Section 28773.5. Such special assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. 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.

(Ord. No. NS-1219, § 1, 9-16-74)

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 enforcement officer, with the advice and concurrence of the advisory agency, where required to cope with the local geological and ground water conditions.

(Ord. No. NS-1219, § 1, 9-16-74)

Any person who violates the terms of this article or any permit issued hereunder shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted and shall be subject to the same punishment as for the original offense.

(Ord. No. NS-1219, § 1, 9-16-74)