Tulare Municipal Code Ch. 7.09 Wells

This chapter shall be known and referred to as the Well Ordinance of the City of Tulare.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

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, polluted, or used in an unstainable manner, 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. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them.

ABANDON or ABANDONMENT. When applied to a well, shall mean to cease maintenance or use of the well for a period of one year.

CONTAMINATION. 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, shall mean any action which causes the well to no longer produce or act as a conduit for the interchange of water.

EMERGENCY. A circumstance which (1) causes an imminent threat of or actual contamination or pollution of the city’s groundwater; or (2) jeopardizes the health or safety of the people of this city; or (3) is likely to cause a substantial and immediate loss of property.

OWNER. The owner of the property upon which any well subject to this chapter is located and/or the permittee for such well.

PERSON. Any individual, firm, partnership, general corporation, association, or governmental entity.

POLLUTION. The alteration of the quality of water, in full or part, which affects or may affect such water for beneficial uses. POLLUTION may include contamination.

PUBLIC NUISANCE. When applied to a well, shall mean any action or omission which threatens to or which in fact contaminates or pollutes the groundwater, exacerbates overdraft conditions, adversely impacts the City of Tulare’s public water supply system, or otherwise jeopardizes the health, safety, and welfare of the public.

PUBLIC WORKS DIRECTOR. The Public Works Director of the City of Tulare or his/her duly authorized representatives.

WELL. 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, gas, or geothermal wells; or (2) wells used for the purpose of (a) dewatering excavation during construction or (b) stabilizing hillsides or earth embankments.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

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

(B) It shall be 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 shall be unlawful for any person to construct any well, whether for domestic, industrial, or any other use. No permit shall be issued for construction of a well, if the property to be served is connected to the city’s water supply system, the property is within city limits, or within 500 feet of a feasible connection point to the city’s water supply system.

(D) It shall be unlawful for any person to modify an existing well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within city limits or within 500 feet of a feasible connection point to the city’s water supply system.

(E) The Public Works Director may issue a permit for the construction, modification, or repair of a supply well for domestic, commercial, or industrial purposes, for temporary use only, under the following conditions:

(1) City water mains are not in place adjacent to the property involved;

(2) The City Engineer has determined that it is not economically feasible or desirable to extend the city’s water mains to serve the property at the time the request for service is made by the owner or lessee; and

(3) The owner has executed an agreement for the discontinuance of the use of the well and capping of the same upon notice by the City Engineer. Such notice shall be given immediately following the installation of water mains adjacent to the property on which the well has been drilled.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

All new wells constructed after the date of this chapter are required to have a meter installed at the time of construction. In the event that a meter is not installed on an existing constructed water well the Public Works Director may cause a meter to be installed, at the cost of the city. Existing water wells are defined as those constructed prior to the effective date of this chapter. 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.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

The owner of each well within the City of Tulare on which a water meter has been installed shall allow the city access to read said meter annually on or about October 1 of each year and, not later than 30 days thereafter. This information shall be reported to the Public Works Director as the amount of water pumped since the last meter reading. In the event the meter is not read and the amount pumped not reported to the Public Works Director in accordance with this chapter, he/she may cause the meter to be read by any lawful means.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

(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/she may prescribe, setting forth such information as he/she may require to carry out the purposes of this chapter.

(2) Signed by the applicant.

(B) The application shall be accompanied by any filing fee established for said applications by the City Council through Resolution. No part of the filing fee is 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/her determination, its issuance would tend to jeopardize the purposes of this chapter.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

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. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

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 ensure compliance with 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 upon satisfactory completion of the work.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

(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 public nuisance or when the applicant, his agents, 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 fact(s) in the permit application.

(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. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

Any person whose permit application has been denied, granted conditionally, or any person whose permit has been suspended or revoked, may appeal to the City Council:

(A) Said person shall file a notice of appeal with the City Clerk on or before the fourteenth calendar day following the date of decision by the Public Works Director.

(B) The matter shall be scheduled for hearing before the City Council, no later than 30 days following receipt of the appeal, absent mutual agreement to the contrary. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, upon mutual consent. At the time of the hearing the appealing party, the Public Works Director, and any other interested person may present such relevant evidence as he or she may have, relating to the determination from which the appeal is taken.

(C) Based upon the submission of such evidence and any other relevant material including city files, the City Council shall issue a decision upholding, modifying, or reversing the determination from which the appeal is taken. Notice of decision shall be given within 14 days following submission of the matter to the Council and shall state the reasons for the Decision. Any notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the fifth calendar day following the date of mailing.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

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 owner of the property upon which 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 in the abatement of said public nuisance.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

The Public Works Director or his/her designee(s) may, at any and all reasonable times (absent an emergency, reasonable times exclude any time of day on weekends or holidays and prior to 8:00 a.m. or after 6:00 p.m. on weekdays), enter any and all places, property, enclosures, and structures for the purpose of examining or investigating the construction, modification or repair, abandonment, or destruction of wells.

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

The water purveyor has the primary responsibility to prevent water from unapproved sources entering the public water supply system. Each service connection from a public water system supplying water to premises having an auxiliary water supply (well) shall be protected against backflow of water from the premises into the public water system by the installation of a city-approved reduced pressure principal backflow prevention device installed at the public water supply meter connection. It shall be the responsibility of the water user to provide protective devices as required under this code. It shall be the duty of the water user on any premise for which backflow protective devices are installed to have a competent licensed inspection and test performed at least once per year at the expense of the water user (see California Administrative Code Title 17).

(Ord. 2024-06, passed 12-17-2024; Ord. 18-11, passed 12-11-2018)

(A) It shall be unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from a misdemeanor to an infraction.

(B) Any person convicted on a misdemeanor under this chapter shall be punished by a fine not to exceed $2,500 or by imprisonment not exceeding six months, or by both the fine and imprisonment.

(C) Any person convicted of an infraction under this chapter shall be punished by:

(1) A fine not exceeding $50 for a first violation;

(2) A fine not exceeding $100 for a second violation of this chapter within one year; and

(3) A fine not exceeding $250 for each and every additional violation of this chapter within one year.

(D) Each day that a violation continues shall be regarded as a new and separate offense.

(E) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.

(Ord. 2024-06, passed 12-17-2024)

Whenever the Public Works Director finds that any user has violated or is violating this chapter, the Public Works Director may serve upon the owner of the property upon which the well is located and/or the permittee for such well a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the owner of the property upon which the well is located and/or the permittee for such well to the Public Works Director. Submission of this plan in no way relieves the owner of the property upon which the well is located and/or the permittee for such well of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 2024-06, passed 12-17-2024)