Article II — Permits/When Well-Drilling Permitted Within the City of Susanville

It is the purpose of this chapter to protect the health, safety and welfare of the people of the state of California, and of the city, and to protect all aspects of the municipal water system owned and operated by the city by ensuring that the groundwater of this state will not be polluted or contaminated. To this end, regulation of private water wells (including community water supply wells and individual domestic wells) within the city is set forth herein and minimum requirements are contained in this chapter for construction, reconstruction, maintenance, operation, use, repair, modification and destruction of water wells, geothermal heat exchange wells, cathodic protection wells and monitoring wells.

(Prior code § 24A.03; Ord. 09-964 § 1, 2009)

Private and/or commercial property owners shall not be allowed to drill water wells; provided, however, certain wells may be drilled in connection with and as a condition of development and/or subdivision of property, provided a permit is issued by the city pursuant to this chapter provided said well is dedicated to the city once it meets its standard set forth in this chapter.

No person shall be allowed to drill a well for the purpose of selling water. No water well or geothermal heat exchange well shall be drilled within the city unless a permit issued by the city is first obtained therefor. Any water well or geothermal heat exchange well drilled within the city shall meet the requirements set forth in this chapter and any additional standards adopted hereinafter by the city of Susanville. Any water well or geothermal heat exchange well drilled within the city after the effective date of the ordinance codified in this chapter that does not meet the requirements of this chapter, shall be destroyed by the owner of the property on which the well is located at the cost of the owner. Cross connection or interconnection of private water wells to the city municipal water system is strictly prohibited and shall not be authorized. (Prior code § 24A.04; Ord. 09-964 § 1, 2009)

• A. When Required. No person shall dig, bore, drill, deepen, modify, repair or destroy a water well, geothermal heat exchange well, cathodic protection well, observation well, monitoring well, or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this chapter unless exempted by law.

• B. Penalty for Failure to Obtain Permit. Any person who shall commence any work for which a permit is required by this chapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

• C. Emergency work. The above provisions in subsections A and B shall not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall:

  1. Urgency. Satisfy the director that such work was urgently necessary.

2. Conformance with Standards. Demonstrate that all work performed was in conformance with the technical standards as designated in Article III of this chapter.

(Prior code § 24A.05; Ord. 09-964 § 1, 2009)

Applications for permits shall be made to the director on forms approved by the director and shall contain all such information the director requires to accomplish the purposes of this chapter. The application shall be accompanied by the required filing fee. If the director finds the application contains all necessary information, he or she shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of this chapter. (Prior code § 24A.06)

Filing fees and permit fees may be set by the city council from time to time by resolution. (Prior code § 24A.07)

• A. Limitations. When the director issues a permit pursuant to this chapter, he or she may condition the permit in any manner necessary to carry out the purposes of this chapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the director finds necessary.

• B. Performance Bond. The director may require a performance bond as a condition to the permit.

• C. Persons Permitted to Work on Wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 contractor's license in accordance with the provisions of the California Business and Professions Code, Section 7000 et seq. and Water Code Section 13750.5 .

• D. Proper Disposal of Drilling Fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

• E. Abandoned Wells. As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this chapter.

• F. Posting of Permit. It shall be the responsibility of the permittee to maintain a copy of this permit on the drilling site during all stages of construction or destruction.

• (Prior code § 24A.08)

The director shall deny an application for a permit if, in his or her judgment, issuance of a permit is not in the public interest. (Prior code § 24A.09)

The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the director may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit. (Prior code § 24A.10)

• A. Circumstances for Such Action. The director may suspend or revoke any permit issued pursuant to this chapter, whenever he or she finds that the permittee has violated any of the provisions of this chapter, or has misrepresented any material fact in the application for the permit, or any supporting documents for the permit. Prior to ordering any such suspension or revocation, the director shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the city council or its designated representative. An appeal may be made as set forth below.

• B. Consequences. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the director.

• C. Ordered Additional Work. Upon suspending or revoking any permit, the director may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued pursuant to this chapter shall fail to comply with any such order.

(Prior code § 24A.11)