Vernon Municipal Code Ch. 13.12 Wells and Water Supply Protection

The purpose of this chapter is to protect the health, safety and general welfare of the people by ensuring that water, including ground water, will not be polluted or contaminated. To this end, minimum requirements are contained in this chapter to protect the water supply and to establish standard for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, and monitoring wells.

A. Except as otherwise required by the context of this chapter, the terms used in this chapter shall have the same meaning as in Chapter 10 of Division 7 of the California Water Code and the Department of Water Resources Bulletin 74-81 and subsequent supplements or revisions.

B. Tense or Gender. Words used in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural, and the plural the singular.

C. Section Headings. When contained in this chapter, section headings shall not be deemed to govern, limit, modify, or in any manner effect the scope, meaning or intent of the provisions of any section.

(Prior code § 25.10)

"Cathodic protection"

means a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

"Cathodic protection well"

means a well which uses cathodic protection.

"Chemical toilet"

means a portable structure provided with a tank into which human fecal matter or urine is to be deposited, the tank designed to contain a disinfecting or bacterial chemical solution.

"City Council"

means the City Council of the City of Vernon.

"Enforcement agency"

means the health and environmental control section of the City of Vernon.

"Exploration hole"

means an uncased, temporary excavation or boring whose purpose is to the immediate determination of existing hydrologic conditions at a site.

"Health hazard"

means any faulty operating condition, water treatment practice, or method of distribution which creates, or may create, a danger to the well-being of any consumer.

"Health Officer"

means the City Health Officer, or duly authorized representative. The duties of the Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon the Health Officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of the Health Officer unless this chapter provides otherwise.

"Observation or monitoring well"

means a well constructed for the purpose of observing or monitoring ground water conditions.

"Person"

means any person, firm, corporation or governmental agency, to the extent authorized by law.

"Privy"

means a room or compartment constructed over an earth pit into which human fecal matter or urine is to be deposited.

"Sanitary defect"

means any faulty structural condition, whether of location, design, or construction of collection facilities, treatment works, or distribution works, which may regularly or occasionally prevent satisfactory purification of the water supply, or cause it to be contaminated or polluted.

"Toilet facility"

means a water-flush toilet, a chemical toilet and any other type of toilet.

"Toilet room"

means a room in which is located at least a water-flush toilet.

"Water supply system"

means and includes the works and auxiliaries for collection, storage, treatment and distribution of water from the source of supply to the free-flowing outlet of the ultimate consumer.

"Water well" or "well"

means any drilled, excavated, jetted or otherwise constructed well which is used or intended to be used as a source of water for any purpose or any well, hole, pit or artificial excavation in excess of 50 feet in depth constructed by any method for the purpose of cathodic protection, electrical grounding, water table observation or for any other purpose.

(Prior code § 25.11)

No person shall dig, bore, drill, deepen, modify, repair, convert, or destroy a water well, cathodic protection well, observation well, monitoring well, exploration hole, or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this chapter unless exempt by law.

(Prior code § 25.12)

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.

(Prior code § 25.12-1)

The above provisions 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:

A. Apply for a permit within three working days after commencement of emergency work.

B. Satisfy the enforcement agency that such work was urgently necessary.

C. Demonstrate that all work performed was in conformance with the technical standards.

(Prior code § 25.12-2)

Application for permits shall be made to the enforcement agency on forms approved by the enforcement agency and shall contain all such information the enforcement agency requires to accomplish the purpose of this chapter. The application shall be accompanied by the required filing fee. If the enforcement agency finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purpose of this chapter.

(Prior code § 25.12-3)

A fee shall be paid to the enforcement agency by each person who submits an application for a permit to construct, reconstruct, repair or destroy a well. The City Council of the City of Vernon shall establish the amount of the fees by resolution at a level sufficient to pay the necessary and reasonable costs incurred in administering this chapter, including, but not limited to, permitting and inspection responsibilities. The City Council may provide for the waivers of fees when a public agency makes an application for a permit.

(Prior code § 25.12-4)

A. Limitations. When the enforcement agency issues a permit pursuant to this chapter, it may condition the permit in any manner necessary to carry out the purpose of this chapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the enforcement agency finds necessary.

B. Performance Bond. The enforcement agency 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 or who possesses a valid license as a Civil Engineer from the State of California.

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 connections 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.

(Prior code §§ 25.13—25.13-5)

Any person intending to convert any industrial or irrigation well for use as a domestic water well, shall first apply for and secure a permit from the enforcement agency. The application shall be made on a form prepared by the enforcement agency which shall include location of existing well, the type of casing, the manner of sealing and any other data required by the enforcement agency.

(Prior code § 25.13-6)

It is 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 § 25.13-7)

The enforcement agency shall deny an application for a permit if, in its judgment, issuance of a permit is not in the public interest.

(Prior code § 25.14-1)

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 enforcement agency 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 § 25.14-2)

The enforcement agency may suspend or revoke any permit issued pursuant to this chapter, whenever it finds that the permittee has violated any of the provisions of this chapter, or has misrepresented any material fact in his or her application, or any supporting documents, for such a permit.

A. Procedure. Prior to ordering any such suspension or revocation, the enforcement agency shall give the permittee an opportunity for a hearing thereon after reasonable notice. The hearing shall be before the Health Officer or designated representative. An appeal may be made as set forth in Section 13.12.150.

B. Consequences. No person whose permit has been suspended or revoked by the Health Officer 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 Health Officer.

C. Ordered Additional Work. Upon suspending or revoking any permit, 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, the enforcement agency may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination. No permittee or person who has held any permit issued pursuant to this chapter shall fail to comply with any such order.

(Prior code § 25.14-3)

The enforcement agency shall have the power under the following specified conditions to grant a variance from any provision of the standards referenced above and to prescribe alternative requirements in their place.

A. Special Circumstances. There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard.

B. Intent of Ordinance Not Compromised. The granting of such a variance is consistent with the purposes of this chapter.

(Prior code § 25.15)

Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the City Council, in writing, within 10 days after any such denial, conditional granting, suspension, or revocation.

A. Hearing. The appeal shall specify the grounds upon which it is taken, and shall be accompanied by a filing fee as set forth herein. The City Clerk shall set the appeal for a hearing at the earliest practicable time, and shall notify the appellant and the enforcement agency, in writing, of the time so set at least five days prior to the hearing.

B. Action by the City Council. After such hearing, the City Council may reverse, wholly or partly, or may modify the order or determination appealed from.

(Prior code § 25.16)

Except as otherwise specified in this chapter the standards for the construction, repair, reconstruction, or destruction of wells shall be as set forth in:

A. Department of Water Resources Bulletin 74-81. The California Department of Water Resources Bulletin 74-81 "Water Well Standards, State of California" except as modified by subsequent revisions.

B. All Subsequent Supplements and Revisions. All subsequent Bulletin 74-81 supplements and revisions issued by the Department of Water Resources, once the revised standards have been reviewed at an appropriate public hearing.

(Prior code § 25.17)

The enforcement agency may designate areas where ground water quality problems are known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require in these designated areas special well seal(s) to prevent mixing of water from several aquifers. Where an applicant proposes well construction, reconstruction, or destruction work in such an area, the enforcement agency may require the applicant to provide a report prepared by a Registered Geologist or Registered Civil Engineer (California Business and Professions Code Sections 7850 and 6762 respectively) that identifies all strata containing poor quality water and recommends the location and specifications of the seal or seals needed to prevent the entrance of poor-quality water or its migration into other aquifers.

(Prior code § 25.18)

A. The enforcement agency shall make an inspection of the annular seal construction work. It may make an initial inspection of each proposed drilling site, an inspection at the completion of the work, and inspections at such other times as it deems appropriate.

B. Initial Inspection. Upon receipt of an application, the enforcement agency may make an inspection of the drilling site prior to the issuance of a well permit. The purpose of this inspection is to determine whether there are any site conditions such that the enforcement agency shall do the following:

1. Relocation of Drilling Site. Require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution.

2. Additional Conditions. Set additional conditions if needed to remediate any previously unknown ground water quality protection problems.

C. Inspection of Well Seal. The enforcement agency shall inspect the annular space grout depth prior to the sealing.

D. Required Notice. The enforcement agency shall be notified by the well driller a minimum of 24 hours prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement agency 24 hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

E. Should Enforcement Agency Fail to Be Present. If the enforcement agency wishes to allow a seal to be tremied or placed without inspection, the driller shall seal the well in accordance with the standards of this chapter and any permit conditions. No seal shall be tremied or placed until permission to proceed is given.

F. Final Inspection. If requested by the enforcement agency, the driller shall notify the enforcement agency within seven days of the completion of their work at each drilling site. The enforcement agency may make a final inspection after completion of the work to determine whether the well was completed in accordance with this chapter.

G. Waiver of Inspections. The enforcement agency may waive inspections should any of the conditions set forth below exist:

1. Well Inspected by Other Agencies. Inspections may be waived where the work will be inspected by the staff of the California Regional Water Quality Control Board or the California Department of Health Services if these designated agencies will inspect and report to the enforcement agency on all drilling features required by the Standards.

2. Monitoring Wells Under Specified Conditions. Inspections may be waived for monitoring wells that will penetrate only aquifers containing degraded waters or will penetrate only formations that normally contain no water.

3. Drilling Sites Known to Have No Threats to Ground Water Quality. Initial inspections may be waived when the drilling site is well known to the enforcement agency staff and it is known that no significant threats to ground water quality exist in the area.

(Prior code §§ 25.19—25.22-3)

A. The driller shall provide the enforcement agency a completion report within 30 days of the completion of any well construction, reconstruction, or destruction job.

B. Submittal of State Report of Completion. A copy of the Report of Completion (Water Well Driller's Report, Department of Water Resources Form 188) required by California Water Code Section 13751 shall be submitted by the permittee to the enforcement agency within 30 days of construction, alternation, or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions. This section shall not be deemed to release any person from the requirement to file said report with the State Department of Water Resources.

C. Confidentiality of Report. In accordance with California Water Code Section 13752, reports shall not be made available for inspection by the public but be made available for inspection by governmental agencies for use in making studies. Reports shall be made available to any person who obtains written authorization from the owner of the well.

(Prior code §§ 25.23—25.23-2)

Nothing in this chapter shall be deemed to excuse any person from compliance with the provisions of California Water Code Sections 13750 through 13755 relating to notices and reports of completion or any other Federal, State, or local reporting regulations.

(Prior code § 25.23-3)

Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, he or she shall first present proper credentials and demand entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If such entry is refused, he or she shall have recourse to such remedies as are provided by law to secure entry.

(Prior code § 25.24)

All persons owning an abandoned well as defined in the well standards shall destroy it before December 31, 1991 except those excluded by California Health and Safety Code Section 24440.

(Prior code § 25.25)

When a well is to be destroyed, the open well shall be filled with filler material from the bottom of the well to within 200 feet of the ground surface. The filler material may be Portland cement grout, clay, suitable impervious material, inert pervious material or native soil. Filler material shall be allowed sufficient time for compaction before sealing the remaining 200 feet. For the protection of the seal and to facilitate the future use of the well site, a hole shall be excavated around the well casing extending horizontally at least three feet from the well casing and to a depth of six feet below the ground surface. The well casing shall be removed to just above this depth. The remaining 200 feet of the well shall be sealed by placing cement grout to within five feet of the ground surface. The sealing material used to fill the well shall be allowed to spill over into the excavation and form a cap at least one foot thick. After the sealing material has set, the excavation shall be filled with native soil. Gravel-packed wells also require sealing of the annular space. To assure that the annular space is sealed, the well casing shall be ripped or perforated to allow fluid sealing material to reach the space from the well shaft by use of a pressure grouting method until grout returns to the ground surface through the annular space between the drilled hole and the well casing.

(Prior code § 25.27)

A well which was in existence prior to the effective date of the ordinance codified in this chapter and which was not constructed in conformance with Section 13.12.160 and, because of the type of construction, use of the well or damage to the well, cannot be destroyed in accordance with Section 13.12.230, shall be destroyed in a manner approved by the Health Officer which effectively prevents contamination or pollution from entering the destroyed well or the aquifer.

(Prior code § 25.27-1)

All domestic water supply systems shall be constructed and maintained free from sanitary defects and health hazards.

(Prior code § 25.28)

When it is determined by the Health Officer that a sanitary defect or a health hazard exists the Health Officer may order such sanitary defect or health hazard corrected to insure the safety of the water supply for the protection of the public health.

(Prior code § 25.29)

Every person supplying water for domestic or human consumption shall supply the water free from contamination or pollution so as to comply with the bacteriological drinking water standards as set forth in the United States Public Health Service Drinking Water Standards.

(Prior code § 25.30)

It is unlawful for any person to supply water from a newly constructed water system or from a newly constructed portion of a water system until such construction complies with all the provisions of this chapter.

(Prior code § 25.31)

A. New and Repaired Pipes. Every new water main and every repaired section of an existing water main must be cleared of coliform bacteria by the proper application of chlorine in sufficient quantities to give a minimum of 50 parts per million of available chlorine. The new or repaired pipe shall be thoroughly flushed before and after chlorination. After chlorination, water from new or repaired pipe sections shall meet the standards as set forth in Section 13.12.270.

B. Entire System. Upon notice by the Health Officer to the owner or operator of a water supply system, such owner or operator shall thoroughly cleanse and chlorinate any reservoir, tank, well, spring, or pipe used in the production, distribution, or storage of any domestic water or water used for human consumption, as directed by the Health Officer to insure the safety of the water.

C. Continuous Chlorination—Chlorine Residual Tests—Records of Tests. All suppliers of domestic water, when required by the Health Officer to use continuous chlorination, shall add chlorine in sufficient quantity to insure the bacteriological safety of the water at all points in the distribution system. A free chlorine residual shall be maintained at all times at sampling points approved by the Health Officer. Routine chlorine residual tests shall be made daily, and permanent records kept of such tests. Copies of the records shall be furnished the Health Officer upon request.

(Prior code §§ 25.32—25.34)

All water wells shall be sealed with concrete or other impervious material so as to exclude undesirable ground water and protect against pump leakage, surface drainage or any other surface or subsurface contamination or pollution. Any reservoir, stand pipe, cistern, forebay, tank, weir box, receptacle, or any other form of installation used for the protection, distribution, or storage of any domestic water supply or water used for human consumption shall be securely protected against contamination or pollution.

(Prior code § 25.35)

Durable protection and substantial covers shall be provided and maintained for each reservoir, tank, cistern, stand pipe, or other structure used for distribution or storage of domestic water. Covers shall be water-tight and shall be constructed so as to provide drainage away from the structure. All openings for ventilation shall be screened with corrosion-resistant screen not coarser than one-quarter inch mesh to exclude rodents and birds, or with 16 mesh screen when such screen is necessary to control mosquito or insect breeding in such reservoir. All manholes shall be constructed with curbs raised above the surrounding surface and installed in a manner to prevent roof or surface drainage from entering the structure. When it is determined by the Health Officer that it is impractical due to size, shape or other unusual conditions, to provide and maintain a cover as provided for in this section, adequate treatment and protection of the water shall be provided as required and approved by the Health Officer.

(Prior code § 25.36)

No person shall install or allow to exist any inlet discharging water from a water supply to be used for domestic or human consumption or industrial purpose in or into any tank, cistern, reservoir or receptacle for storage or use of water on the consumer's premises unless such inlet discharges such water at a height at least double the diameter of the inlet pipe above the maximum possible high-water level of such tank, cistern, reservoir, or other receptacle for the storage or use of water, or unless such inlet is equipped with an approved backflow prevention device.

(Prior code § 25.37)

It is unlawful for any person to conduct a business or place of public gathering unless there be provided on the premises an adequate supply of potable water under pressure for drinking, washing and culinary purposes. Drinking water shall be made available within 200 feet walking distance of any location at which employees are regularly engaged in work. Drinking fountains or other sanitary sources of drinking water shall be provided at the ratio of one unit for each 50 employees or fraction thereof.

(Prior code § 25.38)

It is unlawful for any person to maintain any drinking fountain which is unsanitary, or which is not an approved angle-jet type with surrounding guard and provided with potable water under adequate pressure.

(Prior code § 25.39)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

(Prior code § 25.40-1)

A. Recordation of Violation. Whenever the enforcement agency determines that a well: (1) has not been completed in accordance with a well permit or the plans and specification relating thereto; (2) has been constructed without the required permit; or (3) an abandoned well has not been destroyed in accordance with the standards, it may record a notice of violation with the office of the County Recorder.

B. Notice. The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation, if their address is available.

(Prior code § 25.40-2)

If a property owner or authorized agent disagrees with the determination, such person may submit evidence to the enforcement agency indicating that there is no violation and then shall have a right to appeal an adverse decision of the enforcement agency to the City Council in accordance with the provisions of Section 13.12.380.

(Prior code § 25.40-3)

A. Notice. Upon receipt of the notice of appeal, the City Clerk shall, within 15 days following the filing of the appeal, set a date for public hearing thereon.

B. Evidence at Hearing. The evidence before the City Council shall consist of records in the enforcement agency's files and any other relevant evidence which in the judgment of the City Council, shall be considered to effectuate and implement the policies of this chapter.

C. Action by City Council. The City Council may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and make such an order as should be made. Such action shall be final.

(Prior code §§ 25.40-4—25.40-6)

The enforcement agency shall submit a removal of notice of violation to the County Recorder when: (a) it is determined by the enforcement agency or the City Council, after review, that no violation of this chapter exists; or (b) all required and corrective work has been completed and approved by the enforcement agency.

(Prior code § 25.40-7)

Violations of this chapter may also be redressed in the manner thereinafter set forth by civil action. In addition to being subject to criminal prosecution, any person who violates any of the provisions of this chapter may be made the subject of a civil action. Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery.

(Prior code § 25.41)

The remedies available to the City Council to enforce this chapter are in addition to any other remedies available under ordinance or statute, and do not replace or supplant any other remedy but are cumulative thereto.

(Prior code § 25.42)

Pursuant to California Water Code Section 13225(c), the enforcement agency shall submit a report, not less than annually, to the California Regional Water Quality Control Board(s) having jurisdiction in their area. This report shall contain the following data, unless the Regional Board determines a lesser amount of information is necessary:

A. Wells Constructed or Destroyed. The number of wells constructed or destroyed.

B. Abatement Actions. Descriptions of all well destructions undertaken by the enforcement agency using its regulatory authority under nuisance abatement powers.

C. Variances Granted. A description of each specific case where variances were granted and the circumstances that made a variance necessary.

D. Inspection Waivers Granted. A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary.

(Prior code § 25.43)

No person shall refuse, resist, or attempt to resist the entrance of the Health Officer into any railway car, stage, vehicle, building, room, lot, or other place or portion thereof, in the City, in the performance of his or her duty, or shall refuse to obey any lawful order of the Health Officer made in the performance of his or her duties within the power conferred upon him or her by State law or by this chapter.

(Prior code § 25.44)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid, or unconstitutional by a decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter, including any other section, subsection, sentence, clause, or phrase therein.

(Prior code § 25.45)