Chapter 14.32 — WELLS

This chapter shall be known and referred to as the "Well Ordinance of the City of Santa Barbara." (Ord. 3746 §1, 1975)

It is the purpose of this chapter to regulate the construction, modification or repair, abandonment or destruction of wells in such a manner that the groundwater of this City will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of this City, and to monitor the amount of water pumped from wells. (Ord. 3746 §1, 1975)

"Abandon" or "abandonment" when applied to a well means to cease maintenance or use of the well for a period of one year.

"Contamination" means the impairment of the quality of water to a degree which creates or may create a hazard to the public health through poisoning or through spread of disease.

"Destroy" or "destruction" when applied to a well means any action which causes the well no longer to produce or act as a conduit for the interchange of water.

"Emergency" means a circumstance which is either: (1) an imminent threat of or is actually contaminating or polluting the groundwater of this City; or (2) jeopardizes the health or safety of the people of this City; or (3) will cause a substantial and immediate loss of property.

"Person" means any individual, firm, partnership, general corporation, association or governmental entity.

"Pollution" means the alteration of the quality of water to a degree which affects or may affect such water for beneficial uses. Pollution may include contamination.

"Public nuisance" when applied to a well means any action or omission which threatens to or which contaminates or pollutes the groundwater or otherwise jeopardizes the health, safety and welfare of the public.

"Public Works Director" means the Public Works Director of the City of Santa Barbara or his/ her duly authorized representatives.

"Well" means any artificial excavation for the purpose of extracting water from or injecting water into the ground, or for providing cathodic protection, or for making tests or observations of underground conditions, or for any other similar purpose. This definition shall not include: (1) oil and gas wells, or geothermal wells; or (2) wells used for the purpose of: (a) dewatering excavation during construction, or (b) stabilizing hillsides or earth embankments. (Ord. 3746 §1, 1975)

A. It is unlawful for any person to construct, modify or repair, abandon or destroy any well unless such person has a valid permit issued by the Public Works Director for the specific action to be taken.

• B. It is unlawful for any person to construct, modify or repair, abandon or destroy any well unless such construction, modification or repair, abandonment or destruction is in conformance with the terms and conditions contained in the permit issued by the Public Works Director.

• C. It is unlawful for any person to construct any well, and no permit shall be issued for construction of a well, if the property to be served is connected to the City or other public water supply system or the property is within 500 feet of a feasible connection point to the City or other public water supply system. The Public Works Director may grant conditional exemptions when a connection to the City or other public water supply system is infeasible.

• (Ord. 3746 §1, 1975; Ord. 5693, 2015; Ord. 5847, 2018)

• A. New Wells. Prior to removing any water from a newly constructed well, the permittee shall furnish and install, at its own expense, a water meter which shall measure the amount of water taken from said well. Said meter shall be the property of the owner of said well.

• B. Existing Wells. After the effective date of this chapter, the Public Works Director will cause a water meter to be installed on each existing well at no cost to the owner. Upon abandonment of such wells, said water meters shall be returned to the Public Works Director.

• (Ord. 3746 §1, 1975)

The owner of each well within the City of Santa Barbara on which a water meter has been installed shall read said meter annually on or about May 14th and not later than 30 days thereafter report to the Public Works Director the amount of water pumped since the last reading of said meter.

• (Ord. 3746 §1, 1975)

• A. The application for the permit required by this chapter shall be:

  1. Made in writing to the Public Works Director on such forms as he or she may prescribe setting forth such information as he or she may require to secure the purposes of this chapter.

  2. Signed by the applicant.

• B. The application shall be accompanied by the filing fee established by the City Council by resolution. No part of this fee shall be refundable.

• C. Permits issued pursuant to this chapter by the Public Works Director may contain and be subject to such terms and conditions as the Public Works Director determines are necessary to carry out the purposes of this chapter. The Public Works Director shall deny any application for a permit if, in his or her determination, its issuance would tend to jeopardize the purposes of this chapter.

• D. Every permit issued pursuant to this chapter shall expire and become null and void upon completion of the work authorized thereby; however, in any event such permit shall expire and be null and void on the date set forth in the permit by the Public Works Director but in no event longer than one year from the date of issue.

• (Ord. 3746 §1, 1975)

The Public Works Director may adopt rules and regulations to implement and administer this chapter. Said rules and regulations shall be approved by the City Council. (Ord. 3746 §1, 1975)

Prior to the issuance of a permit the applicant shall post with the Public Works Director a cash deposit or security bond to guarantee compliance with any terms and conditions of the permit and the proper performance of the work. Such cash and security bond shall be in the amount determined necessary by the Public Works Director to insure such compliance with the purposes of this chapter but in no event will such cash deposit or security bond be for an amount in excess of the total estimated cost of the work to be performed. The deposit or bond will be returned to the permittee when the work has been satisfactorily completed. (Ord. 3746 §1, 1975)

• A. The Public Works Director may suspend or revoke a water well permit issued under this chapter whenever the Public Works Director determines that any work performed under such a permit constitutes a nuisance or when the applicant, his or her agents or employees or the licensed well drilling contractor performing the work (1) violates any provision of this chapter or any terms and conditions of the permit or (2) misrepresents any material facts in the application for a permit.

• B. Before the Public Works Director suspends or revokes a water well permit, the Public Works Director shall make reasonable effort to notify the landowner where the well is located or the licensed well drilling contractor performing work on the well.

• (Ord. 3746 §1, 1975)

Any person whose application for a permit has been denied, granted conditionally or any person whose permit has been suspended or revoked may appeal to the City Council pursuant to the provisions of Section 1.30.050 of this code.

(Ord. 3746 §1, 1975; Ord. 5136, 1999)

Upon finding by the Public Works Director that a well may cause contamination or pollution to the groundwater or is a threat to the public health, safety or welfare, such well shall constitute a public nuisance. The Public Works Director may take any action necessary to abate such public nuisance. The property owner where the well is located and or the permittee for such well shall be liable for any and all costs incurred by or at the request of the Public Works Director for the abatement of such public nuisance.

(Ord. 3746 §1, 1975)

In the event that a meter is not installed on a newly constructed water well the Public Works Director will cause a meter to be installed and recover the costs of such installation from the owner. In the event any water well meter is not properly maintained by the owner, the Public Works Director may perform the necessary maintenance on the meter and recover the costs from the owner. In the event the meter is not read and the amount pumped reported to the Public Works Director, he or she may cause the meter to be read. (Ord. 3746 §1, 1975)

The Public Works Director may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations regarding the construction, modification or repair, abandonment or destruction of wells. (Ord. 3746 §1, 1975)