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HomeMy WebLinkAbout73-21 - Abandoned Wells and Water Well StandardsORDINANCE NO. 73-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA RELATING TO ABANDONED WELLS, SUBMITTING TO THE JURISDICTION OF THE COUNTY WELL. STANDARDS ADVISORY BOARD, PROVIDING FOR PERMITS FOR THE DRILLING OF WATER WELLS, DECLARING ABANDONED WELLS TO BE PUBLIC NUISANCES, PROVIDING FOR ABATEMENT PROCEEDINGS AND COSTS AND SET- TING FORTH WATER WELL STANDARDS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Construction and Abandonment of Wells SECTION 1. Purpose (A) It is the purpose of this article to control the construction and reconstruction of wells to the end that the ground water of this City will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this City; and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of ground water or otherwise jeopardize the health, safety or welfare of the people of this City. (B) The City of Costa Mesa recognizes the need to adopt standard pro- cedures for the drilling and abandonment of wells. All persons or companies drilling wells or abandoning wells within the City limits of Costa Mesa shall secure a permit from the Health Officer of the County of Orange. The County of Orange shall collect the necessary fees, provide administration and inspection for construction or abandonments. The County of Orange shall furnish a copy to the City of all permits issued. SECTION 2. Definitions As used in this article, the following words shall have the meaning provided in this section. (A) ABANDONED and ABANDONMENT. The terms "abandoned" or "abandonment" shall apply to a well which has not been used for a period of one year, unless the owner declares in writing, to the Well Standards Advisory Board, his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Board. All such declarations shall be renewed annually and at such time be resubmitted to the Board for approval. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the Health Officer. (B) AGRICULTURAL WELL. A water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells. (C) CATHODIC PROTECTION WELL. Any artificial excavation in excess of 50 feet 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 a cathodic protection well or a deep anode. (D) COMMUNITY WATER SUPPLY WELL. A water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part I of Division 5 of the California Health and Safety Code. (E) CONSTRUCT, RECONSTRUCT (CONSTRUCTION, RECONSTRUCTION). To dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing. (F) DESTRUCTION. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard. (G) ELECTRICAL GROUNDING WELL. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground. (H) HEALTH OFFICER. The Orange County Health Officer or his designee, acting as the City Health Officer. (I) INDIVIDUAL DOMESTIC WELL. A water well used to supply water for domestic needs of an individual residence or commercial establishment. (J) INDUSTRIAL WELL. A water well used to supply an industry on an individual basis. SM (K) OBSERVATION WELL. A well used for monitoring or sampling the conditions of a water -bearing aquifer, such as water pressure, depth, movement or quality. (L) PERMIT. A written permit issued by the Health Officer permitting the construction, reconstruction, destruction, or abandonment of a well. (M) PERSON. Any person, firm, corporation or governmental agency. (N) PUBLIC NUISANCE. The term "public nuisance," when applied to a well, shall mean any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public. (0) SALT WATER (HYDRAULIC) BARRIER WELL. A well used for extracting water from or injecting water into the underground as a means of pre- venting the intrusion of salt water into a fresh water bearing aquifer. (P) TEST OR EXPLORATORY HOLE. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means. (Q) WELL. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this article as deter- mined by the Well Standards Advisory Board. Wells shall not include: (a) oil and gas wells, geothermal wells or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (b) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (c) other wells whose regulation is not necessary to fulfill the purpose of this article as determined by the Well Standards Advisory Board. - 3 - SECTION 3. Well. Standards Advisory Board. The Well Standards Advisory Board as established by the County of Orange, shall have jurisdiction for the enforcement of this Ordinance, including but not necessarily limited to the issuing of permits, inspections, the issuing of notices, the providing for public hearings before the Board, the findings if public nuisances exist relating to water wells within the City, the provisions for abatement and abatement costs, and the establishment of standards forthe construction, reconstruction and destruction or aban- donment of wells and the imposition of penalties for the violation of the ordinance. SECTION 4. Acts prohibited, permit required. No person shall, within the incorporated area of the City of Costa Mesa, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Health Officer as provided in this article. Nor shall any such person abandon a well unless it has been destroyed pursuant to and in conformance with a written permit issued by the Health Officer. Nor shall any such person violate the terms of any order issued by the Well Standards Advisory Board or the Health Officer, issued pursuant to this article. SECTION 5. Permits. Applications for permits shall be made to the Health Officer containing such information as he shall require. Each application shall be accompanied by a fee which shall be established by the Board of Supervisors on the basis of the cost incurred in enforcing the provisions of this article. Fifty percent (50%) of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance. - 4 - Permits may be issued subject to any condition or requirement found by the Health Officer to be necessary to accomplish the purposes of this article. A permit may be cancelled or the conditions amended by the Health Officer if he determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this article. SECTION 6. Completion of Work. The permittee shall notify the Health Officer in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection. of the work shall be made by the Health Officer and no permittee shall be deemed to have complied with this article or his permit until such inspection has been performed. SECTION 7. Notice; Cancellation or Denial of Permit. In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the Health Officer, which notice shall specify the reasons for his action and shall notify the applicant or permit holder of his right to request a hearing before the Well Standards Advisory Board within ten days. SECTION 8. Notice: Public Nuisance. In the event the Health Officer determines that a well constitutes a public nuisance, he shall mail a written notice to the landowner and the permit holder, if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date, and place at which a hearing shall be held by the Well Standards Advisory Board relating thereto, which date shall be not less than ten nor more than thirty days after the date such notice is mailed. The notice shall state that in the event the Board determines that a public nuisance exists, a special assessment shall be imposed upon the land for any costs of abatement. - 5 - SECTION 9. Immediate Abatement. If the Health Officer finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may abate the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the Health Officer shall give notice of a hearing before the Well Standards Advisory Board in the manner prescribed in Section 8. SECTION 10. Board Hearing. At the time fixed for the hearing, the Well Standards Advisory Board shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the Board finds that a public nuisance exists, it shall direct the Health Officer to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the Board. The costs of such corrective work by the Health Officer shall become a special assessment upon the land pursuant to Section 11. If the Board finds that a permit was improperly denied or cancelled, it shall order the Health Officer to issue or reinstate such permit. SECTION 11. Abatement Costs a Special Assessment. Upon a finding by the Well Standards Advisory Board that a well con- stitutes a public nuisance, all cost of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment against that parcel as provided in Government Code Section 25845. Such special assessment shall be collected at the .same time and in the same manner as ordinary County taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary County taxes. The County shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in - 6 - possession or control, jointly or severally. SECTION 12. Standards. Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II and Appendices E, F and G, and future amendments thereto. Until such time as standards for cathodic protection wells and electrical grounding wells are recom- mended by the Department of Water Resources, such wells shall conform to the "Tentative Deep Anode Standards," Sheets A -497-S-1 and A -497-S-2, revised December 10, 1969, of the Southern California Cathodic Protection Committee. Well standards may be modified by the Health Officer, with the advice and concurrence of the Well Standards Advisory Board, where required to cope with local geological and ground water conditions. SECTION 13. Penalty. Any person who violates the terms of this article or any permit issued hereunder shall be guilty of a misdemeanor, punishable by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by. both such fine and imprisonment. 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. SECTION 14, This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expira- tion of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, -a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 4th day of June, 1973. ATTEST; City Clerk of the City of y of the City of Costa Mesa Costa Mesa 7 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance Number 73-21 was introduced and considered section by section at a regular meeting of said City Council held on the 21st day of May, 1973, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 4th day of June, 1973, by the following roll call vote: AYES: COUNCILMEN: }' AHsLaw.,. ©L,wjPj.�_ if%-�6aJ� .P&&. NOES: COUNCILMEN: %4w,�� ABSENT: COUNCILMEN: -,k4 ., IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 5th day of June, 1973. 4e City Clerk and ex -officio Clerk o the City Council of the City of Cost esa 1. L STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) I am a citizen of the United States and a resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Change, State of Cal- ifornia, and I certify that City Ordinance Number (see reverse) 73-21 of which the copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on June 12,1973 I declare, under penalty of perjury, that the foregoing I. true and correct. Executed on June 12 ,1973 197_ at Costa Mesa, California. _1 -- - , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA) 1, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex-offido Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 73-21 was introduced and con- sidered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 21st day of — may , 197 3 and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 4th day of June 1771, by the following roll -coli vote: AYES: COUNCILMEN- Hammett, Jordan, Pinkley, Wilson, Raciti NOES: COUNCILMEN - N ­ ABSENT: COUNCILMEN I FURTHER CERTIFY that said Ordinance No. 71-21 was published in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 12th day of June 197 3 City Clerk and ex -officio Clerk of the CI ouncil of the City of Costa Mem PUBLIC NOTICE ioi weu. nav arcmya ex ava�oni