Woodlake Municipal Code Ch. 8.44 Water Wells

Footnotes:

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Editor's note— Ord. No. 638, § 2, adopted Nov. 8, 2021, repealed and readopted Ch. 8.44 to read as set out herein. Former Ch. 8.44 pertained to similar subject matter, and derived from Ord. 445, §§ 1, 2, adopted in 1990.

This chapter shall be known and referred to as the water well ordinance of the City of Woodlake.

(Ord. No. 638, § 2, 11-8-2021)

For the purpose of this chapter:

"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.

"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 or otherwise jeopardizes the health, safety and welfare of the public.

"Community Development Director." The Community Development Director of the city 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;

2. Wells used for the purpose of

a) Dewatering excavation during construction; or

b) Stabilizing hillsides or earth embankments.

(Ord. No. 638, § 2, 11-8-2021)

A. It shall be unlawful for any person to construct, modify or repair, abandon or destroy any well, unless such person has a valid permit issued by the Community Development 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 Community Development Director.

C. It shall be unlawful for any person to construct any private 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 or the property is within five hundred (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 private well, and no permit shall be issued for modifications other than abandonment and destruction if the property is within five hundred (500) feet of a feasible connection point to the city's water supply system.

(Ord. No. 638, § 2, 11-8-2021)

In the event that a meter is not installed on an existing constructed private water well, the Community Development Director may cause a meter to be installed at the cost of the city. Existing private 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 well owner, the Community Development Director may perform the necessary maintenance on the meter and recover the costs from the owner.

(Ord. No. 638, § 2, 11-8-2021)

The owner of each well within the city 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 thirty (30) days thereafter. This information shall be reported to the Community Development 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 Community Development Director in accordance with this chapter, he/she may cause the meter to be read by any lawful means.

(Ord. No. 638, § 2, 11-8-2021)

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

1. Made in writing to the Community Development 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 Community Development Director may contain, and be subject to, such terms and conditions as the Community Development Director determines are necessary to carry out the purposes of this chapter. The Community Development 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. No. 638, § 2, 11-8-2021)

The Community Development Director may adopt rules and regulations to implement and administer this chapter. Said rules and regulations shall be approved by the city council.

(Ord. No. 638, § 2, 11-8-2021)

Prior to the issuance of a permit, the applicant shall post with the Community Development 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 Community Development 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. No. 638, § 2, 11-8-2021)

A. The Community Development Director may suspend or revoke a water well permit issued under this chapter whenever the Community Development Director determines that any work performed under such a permit constitutes a public nuisance or when the applicant, his or her 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 Community Development Director suspends or revokes a water well permit, the Community Development 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. No. 638, § 2, 11-8-2021)

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 14th calendar day following the date of decision by the Community Development Director.

B. The matter shall be scheduled for hearing before the city council, no later than thirty (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 Community Development 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. No. 638, § 2, 11-8-2021)

Upon finding by the Community Development 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 Community Development 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 Community Development Director in the abatement of said public nuisance.

(Ord. No. 638, § 2, 11-8-2021)

The Community Development 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 5:00 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. No. 638, § 2, 11-8-2021)

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 principle 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.

(Ord. No. 638, § 2, 11-8-2021)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. No. 638, § 2, 11-8-2021)