Chapter 15.24 — WELLS

It is the purpose of this chapter to provide for the construction, repair, reconstruction, and destruction of wells, including cathodic protection wells and exploratory holes, to the end that the groundwater found wholly or partially within the area of the City will not be polluted or contaminated and that water obtained from water wells will be suitable for the beneficial uses intended and will not jeopardize the health, safety or welfare of the people of the City, and for the destruction of abandoned wells or wells found to be public nuisances, including cathodic protection wells and exploratory holes, to the end that such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety or welfare of the people of the City.

(Ord. 109-73 § 1, 1973)

Definitions of terms for the construction, repair, reconstruction, destruction or abandonment of wells shall be as set forth in Chapter II and in Appendix I, of the Department of Water Resources Bulletin No. 74, "Water Well Standards: State of California," as modified and with additions herein:

"Abatement" means the construction, reconstruction, repair or destruction of a well so as to eliminate a public nuisance caused by a well polluting or contaminating groundwater.

"Area of enforcement" means the area within the political boundaries of the City of Union City.

"Board" means the members of the Board of Directors of the Alameda County Water District.

"Cathodic protection well" means any artificial excavation 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 cathodic protection.

"Construction, reconstruction" means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing.

"Destruction" means the proper filling or otherwise rendering unusable a well that is no longer useful or has become hazardous to public health or safety, so as to assure that the groundwater is protected and to eliminate a potential physical hazard.

"District" means the Alameda County Water District, the "enforcing agency" as defined in Department of Water Resources Bulletins herein referenced.

"Exploratory hole" means any artificial excavation constructed by any method for the purpose of determining subsurface geological or hydrological conditions.

"General Manager - Chief Engineer" means the General Manager and Chief Engineer of the Alameda County Water District.

"Inspecting Officer" means such person the General Manager - Chief Engineer authorizes to ensure the provisions of this chapter are enforced.

"Person" means any person, firm, corporation, municipality, district or public agency.

"Public nuisance" means any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public.

"Repair" means the deepening or enlargement of a well or the perforation or replacement of a casing or sealing off of aquifers, or other work to improve or maintain the integrity of the well and its water-producing capacity.

"Well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include: (a) 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 (b) wells used for the purpose of (1) dewatering excavation during construction; or (2) stabilizing hillsides or earth embankments.

(Ord. 109-73 § 11, 1973)

No person, firm, corporation, or special governmental or quasi-governmental district formed under the laws of this State shall, within the area of the City, construct, repair, reconstruct, destroy, or abandon any well unless a written permit has been obtained from the inspecting officer of the Alameda County Water District as provided in this chapter. (Ord. 109-73 § 111, 1973)

Written permits required by this chapter shall be issued by the Inspecting Officer subject to conditions set forth in this chapter, required by law or established by the inspecting officer. The Inspecting Officer shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain space for the name and address, together with such detail as in the judgment of the Inspecting Officer as necessary to establish the identity of the applicant and the location, description of work to be done and purpose of the proposed work, or other pertinent information. In addition, drawings and/or specifications of the proposed work shall be submitted in an approved form for review by the Inspecting Officer; the Inspecting Officer may also require submission of a statement as to the environmental impact of any proposed work to be performed under this chapter in accordance with the provisions of the California Environmental Quality Act of 1970. (Ord. 109-73 § IV(1), 1973)

The schedule of fees and costs will be those established and adopted by the Board from time to time by resolution. Before a permit is issued, the applicant shall deposit with the district cash or a certified or cashier's check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection or other work, all in accordance with schedules established and adopted by the Board. Public utilities or other governmental agencies, at the option of the Inspecting Officer, may make payment for the above charges as billed by the district instead of by advance deposit as required above. If, upon completion of any work under a permit, there remains any excess of deposit the Inspecting Officer shall certify the same to the auditor of the district for refund to the permittee.

(Ord. 109-73 § IV(2), 1973)

All governmental agencies must apply for permits except that no permit fee shall be charged, and investigation and inspection costs for such permits may be waived by the Inspecting Officer if in his or her opinion such waiver will not constitute an undue burden upon the district. (Ord. 109-73 § IV(3), 1973)

The permittee shall begin the work authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance unless a different starting date is stated in the permit. If the work is not begun within ninety days or within the time stated in the permit, then the permit shall become void. The permittee shall notify district three working days before beginning his or her permitted work. If work is timely begun the permit shall be valid for a term of one year from the date of issuance unless a different term is specified in the permit, or unless sooner terminated by the Inspecting Officer due to discontinuance of the work for which the permit was issued, or unless revoked by the Board. The permittee shall complete the work authorized by the permit within the time specified in the permit. A time extension to complete the work under the permit may be granted if, in the judgment of the Inspecting Officer, a time extension is warranted. (Ord. 109-73 § IV(4), 1973)

Prior to the issuance of a permit, the applicant shall post with the Inspecting Officer a cash deposit or bond guaranteeing compliance with the terms of this chapter and the applicable permit, such bond to be in an amount determined by the Inspecting Officer as necessary to protect the district and the public against faulty or uncompleted work. The amount of said bond shall not exceed the total estimated costs of the work. Such deposit or bond may be waived by the Inspecting Officer if he/she determines other assurances of compliance are adequate. (Ord. 109-73 § IV(5), 1973)

The issuance of any permit pursuant to this chapter shall not in any manner relieve the permittee from compliance with applicable Federal, State, County, municipal, and local regulations regarding well work and public health requirements, nor from the necessity of obtaining any permits or consents required thereof.

(Ord. 109-73 § IV(6), 1973)

Permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his or her obligation under said permit. If any claim of such liability is made against the City or district, their officers, employees, or agents, permittee shall defend, indemnify and hold them and each of them, harmless from such claim.

(Ord. 109-73 § IV(7), 1973)

Any person aggrieved by the refusal of a permit, the terms of a permit, or any decision made by the inspector required by this chapter may, upon request in writing, have the matter reviewed by the General Manager - Chief Engineer; upon request for review, the Inspecting Officer shall schedule the matter for review by said General Manager - Chief Engineer and give applicant ten days' written notice of the time and place of said review. Following review by the General Manager - Chief Engineer, the applicant may appeal to the Board. Such appeals must be in writing and submitted to the General Manager - Chief Engineer within ten days after said General Manager - Chief Engineer's decision has been mailed to or served upon the applicant. The General Manager - Chief Engineer shall submit the appeal to the Board. The Board shall hold a hearing of said appeal and shall mail notice in writing of the date thereof to the applicant at least ten days before the hearing date. The decision of the Board shall be final and binding upon all parties.

(Ord. 109-73 § IV(8), 1973)

Standards for the construction, repair, reconstruction, destruction, or abandonment of wells shall be as set forth in Chapter 11 of the Department of Water Resources Bulletin No. 74, "Water Well Standards: State of California" and Appendices E, F and G a part thereof, together with the supplemental standards of Department of Water Resources Bulletin No. 74-2, "Water Well Standards: Alameda County" and Department of Water Resources Bulletin No. 74-1, "Cathodic Protection Well Standards: State of California," with the following modifications:

1. No well intended to produce fresh groundwater shall be perforated opposite aquifers producing saline water. It is recognized that in some instances production may be desired from areas and/or depths which contain poor or marginal quality water in all aquifers penetrated. It is not the intent of these standards to preclude such situations so long as the integrity of the fresh water supplies is maintained. Final judgment on well construction that would cause intermingling of waters of different qualities shall be at the discretion of the district.

2. In wells open to fresh water aquifers, penetrated aquifers producing saline water shall be sealed off as specified in Section 13, Chapter 11, Bulletin No. 74, and in Chapter IV, Bulletin 74-2.

3. Perched saline water shall be excluded from wells by a deep annular seal as specified in Section 9, Chapter 11, Bulletin No. 74, and in Chapter IV, Bulletin 74-2.

4. As a guideline, saline water is considered as water which contains more than 250 ppm chloride ion. During well construction, the permittee shall provide some provision for the determination of groundwater quality characteristics of the major aquifers penetrated so that a judgment can be made as to whether or not intermingling will take place. Such determination can consist of evaluation of data regarding adjacent wells, evaluation of samples of formation materials encountered. Final judgment as to the probability of intermingling and the need for evaluation of conditions shall be at the discretion of the district.

5. Backfilling work on exploratory holes, as defined herein, shall be subject to requirements equivalent to those in the destruction of abandoned wells.

6. All water wells shall be maintained in such a manner that water quality samples can be readily collected. The district shall be empowered to collect water quality samples and to perform tests on any well at any reasonable time.

7. All work in the construction, repair, reconstruction, and destruction of wells shall be performed by contractors licensed in accordance with the provisions of the Contractor's License Law (Chapter 9, Division 3, of the Business and Professions Code) unless exempted by that act.

8. In no case will an outer casing or conductor casing be an acceptable substitute for a seal. (Ord. 109-73 § V, 1973; Amended during 1990 republication)

In the event a well subject to this chapter is found to be a public nuisance or constructed, repaired, reconstructed or destroyed contrary to the terms of this chapter or the permit issued for such well pursuant to this chapter, the Inspecting Officer shall give written notice to the owner of the land as shown on the most recent equalized assessment roll, or to the permittee at his or her address listed on the permit; which notice shall state the nature of the violation, the corrective measures to be taken, the time within such corrections must be made, and that if the land owner or permittee fails to make corrections within the period specified, the district may abate the condition, at owner or permittee's expense. (Ord. 109-73 § VI(1), 1973)

If the corrections listed in the notice given pursuant to Section 15.24.130 are not made as required in said notice, the Inspecting Officer with the approval of the Board, and after a reasonable opportunity for the person notified to be heard by said Board, may abate the condition. The owner or permittee shall be liable for the cost thereof. (Ord. 109-73 § VI(2), 1973)

If the Inspecting Officer finds that the condition or operation of a well subject to this chapter is, by its operation or maintenance, causing significant irreparable damage to the groundwater or is a dangerous public nuisance and that it is impracticable to notify the owner or permittee, he/she may with the approval of the General Manager and Chief Engineer, abate the condition without giving notice as required in Section 15.24.130 and the owner of the land as shown on the last equalized assessment roll, shall be liable for the cost thereof. (Ord. 109-73 § VI(3), 1973)

Any person who does any work which requires a permit by this chapter and fails to obtain a permit shall be guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment, and 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. 109-73 § VI(4), 1973)