HomeMy WebLinkAbout1587 - Water Well Standardsr.
ORDINANCE NO. 1587
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 14.34 TO THE NEWPORT BEACH
• MUNICIPAL CODE, ENTITLED "WATER WELL
STANDARDS"
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
•
SECTION 1. Chapter 14.34 is added to the Newport Beach
Municipal Code to read:
Sections:
14.34.010
14.34.020
14.34.030
14.34.040
14.34.050
14.34.060
14.34.070
14.34.080
14.34.090
14.34.100
14.34.110
14.34.120
14.34.130
"CHAPTER 14.34
"WATER WELL STANDARDS"
Intent and Purpose.
Definitions.
Well Standards Advisory Board
Acts Prohibited. Permit Required.
Permits.
Completion of Work.
Notice -- Cancellation or Denial of Permit.
Notice -- Public Nuisance.
Immediate Abatement.
Board Hearing.
Abatement Costs a Special Assessment.
Standards.
Penalty.
14.34.010 Intent and Purpose. (A) It is the purpose
of this ordinance to control the construction and reconstruction
of water 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 Newport Beach recognizes the
need to adopt standard procedures for the drilling and
abandonment of water wells. All persons or companies drilling
wells or abandoning wells within the City limits of Newport
Beach shall secure a permit from the Health Officer of the
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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.
14.34.020 Definitions. As used in this ordinance, 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 consi-
• dered 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,
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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
artifical 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.
(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 preventing 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,
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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 determined by the Well Standards Advisory Board.
Wells shall not include: (1) 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; (2) wells used for the
purpose of dewatering excavations during construction, or
stabilizing hillsides or earth embankments; or (3) other
wells whose regulation is not necessary to fulfill the purpose
of this ordinance as determined by the Well Standards Advisory
Board.
14.34.030 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 notice, 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 for the construction, re-
construction and destruction or abandonment of wells and the
imposition of penalties for the violation of the ordinance.
14.34.040 Acts Prohibited. Permit Required. No person
shall, within the incorporated area of the City of Newport
Beach, 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 ordinance.
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 ordinance.
14.34.050 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 ordinance. Fifty per cent (50 %) of the fee shall be
returned to the applicant if either the permit is denied or
the permit is canceled within sixty (60) days after issuance
and no work has been performed. A permit shall remain in
effect for one year from date of its issuance.
Permits may be issued subject to any condition
or requirement found by the Health Officer to be necessary
to accomplish the purposes of this ordinance.
A permit may be canceled or the conditions
amended by the Health Officer if he determines that to proceed
with the work would result in a public nuisance or that the
permit holder has violated the terms of the permit or this
ordinance.
14.34.060 Completion of Work. The permittee shall
f 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
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inspection of the work shall be made by the Health Officer,
and no permittee shall be deemed to have complied with this
ordinance or his permit until such inspection has been per-
formed.
14.34.070 Notice -- Cancellation or Denial of Permit. In
the event a permit is denied or canceled, 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.
14.34.080 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
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.
14.34.090 Immediate Abatement. If the Health Officer
finds that immediate action is necessary to prevent impair-
ment 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 14.34.080.
14.34.100 Board Hearing. At the time fixed for the
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notice shall be
posted on the
affected property. The notice
shall state the
specific facts
giving rise to such nuisance;
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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.
14.34.090 Immediate Abatement. If the Health Officer
finds that immediate action is necessary to prevent impair-
ment 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 14.34.080.
14.34.100 Board Hearing. At the time fixed for the
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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
14.34.110.
If the Board finds that a permit was
improperly denied or canceled, it shall order the Health
Officer to issue or reinstate such permit.
14.34.110 Abatement Costs a Special Assessment. Upon
a finding by the Well Standards Advisory Board that a well
constitutes 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 possession or control,
jointly or severally.
14.34.120 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.
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and future amendments thereto. Until such time as standards
for cathodic protection wells and electrical grounding wells
are recommended 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.
14.34.130 Penalty. Any person who violates the terms
of this ordinance or any permit issued hereunder shall be
guilty of a misdemeanor, punishable pursuant to the provisions
of Section 1.04.010 of this Code."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be
effective.30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 30th
day of September , 1974, and was adopted on the 15th day of
October , 1974, by the following vote, to wit:
ATTEST:
LL
Cilty Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
OCT 17 1974
ATE_,_.......__......._
CITY CLERK OF THE CITY 0 F NIVPORT BEACH
AYES, COUNCILMEN: McInnis. Dostal. Barrett,
Kuehn, Rogers, Ryckoff, Store
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
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9/19/74