Chapter 13.16
WATER WELLS*
Sections:
13.16.040 Permit--Application.
13.16.070 Permit--Revocation or suspension.
13.16.100 Nuisance--Inspection.
13.16.110 Nuisance--Abatement order.
13.16.130 Abatement order--Noncompliance.
* For statutory provisions on water wells, see Water Code §13700 et seq.; for provisions on adoption of codes by reference, see Gov. Code §50022.1 et seq.
13.16.010 Purpose.
It is the purpose of this chapter to provide for the construction, repair and reconstruction of wells to the end that the groundwater of the city will not be polluted or contaminated, 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; for the destruction of abandoned wells; and for the abatement of wells found to be public nuisances to the end that all such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety, or welfare of the people of the city. (Prior code §11-801).
13.16.020 Definitions.
As used in this chapter, the following words shall have the meaning provided in this section:
A. "Abatement" means the construction, reconstruction, repair, or destruction of a well so as to eliminate a nuisance caused by a well polluting or contaminating groundwater.
B. "Agricultural wells" means water wells used to supply water for irrigation or other agricultural purposes, including so-called "stock wells."
C. "Community water supply well" means a water well used to supply water for domestic purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California Health and Safety Code, commencing with Section 4010.
D. "Contamination" means an impairment of the quality of water to a degree which creates a hazard to the public health through poisoning or through spread of disease.
E. "Individual domestic well" means a water well used to supply water for domestic needs or an individual residence or commercial establishment.
F. "Industrial wells" means water wells used to supply industry on an individual basis.
G. "Order of abatement" means both mandatory and prohibitory orders requiring or prohibiting one or more acts; the term shall also include those orders effective for a limited as well as an indefinite period of time, and shall include modifications or restatements of any order.
H. "Pollution" means an alteration of the quality of water to a degree which unreasonably affects such waters for beneficial uses, or facilities which serve such beneficial uses. Pollution may include contamination.
I. "Superintendent of public works" shall mean the city of Kerman superintendent of public works, except that where by statute or agreement any function required of the superintendent of public works under the provisions of this chapter has been delegated to or mandated of the Fresno county health officer, the function shall be fulfilled by that official pursuant to the terms of the statute or agreement.
J. "Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground. Well or water well does not include:
1. 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
2. Wells used for the purpose of dewatering excavating during construction, or stabilizing hillsides or earth embankments. (Prior code §11-802).
13.16.030 Compliance.
Nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Article 3, Chapter 10, Division 7, of the Water Code of the state of California or any successor hereto. Likewise nothing contained in this chapter shall be deemed to release any person from compliance with the provisions of Chapter 13.12, or to otherwise limit or abrogate the provisions thereof. (Prior code §11-803).
13.16.040 Permit--Application.
No person shall, within the incorporated area of the city construct, repair, reconstruct, or abandon any well unless a written permit has first been obtained from the superintendent of public works as provided in this chapter, and the work conforms to the conditions of such permit and this chapter. Applications for such permits shall be made on the forms provided for that purpose and in accordance with procedure established by the city. Each such application shall be accompanied by a filing fee set by resolution of the city council. No part of the fee shall be refundable. Within ten business days after receipt of the application, the superintendent of public works shall either grant, conditionally grant, or deny the permit. If the application is not acted upon within the ten-day period, the application shall be deemed granted. A permit shall not be issued if, in the judgment of the superintendent of public works, the well may jeopardize the health, safety, or welfare of the people of the city. Construction, reconstruction, repair, and destruction of wells shall be performed by a contractor with a C-57 Contracting License, or an equivalent issued by the Department of Professional and Vocational Standards; provided, however, that a property owner may construct, reconstruct, repair or destruct a well on his own property which serves or will serve the property that is neither being offered for sale nor intended to be so offered. (Prior code §11-804).
13.16.050 Permit--Inspection.
Upon receipt of an application, an inspection of the well location shall be made by the superintendent of public works precedent to issuance of a well permit. After work has been completed, the superintendent of public works shall be notified by the person performing the work, and the public works department shall make a final inspection of the completed work to determine compliance with the well standards. (Prior code §11-805).
13.16.060 Permit--Expiration.
Each permit issued pursuant to this chapter shall expire and become null and void if the work authorized thereby has not been completed within one year following the issuance of the permit. Upon expiration of any permit issued pursuant hereto, no further work may be done in connection with construction, repair, reconstruction, or abandonment of a well unless and until a new permit for such purpose is secured in accordance with the provisions of this chapter. (Prior code §11-806).
13.16.070 Permit--Revocation or suspension.
A permit issued under the provisions of this chapter may be revoked or suspended by the superintendent of public works as provided in this section if he determines that a violation of this chapter exists, that written notice has been directed to permittee specifying the violation, and that the permittee has failed or neglected to make the necessary adjustments within thirty days after receiving such notice. A permit may be so revoked or suspended by the superintendent of public works if he determines at a hearing for such purpose that the person to whom any permit was issued pursuant to this chapter has obtained the same by fraud or misrepresentation; provided, that notice of the time and place of such hearing is given to the permittee at least five days prior thereto. The suspension or revocation of any permit shall not be effective until notice thereof in writing is mailed to the permittee, and the time for filing an appeal to the city council has expired. The notice shall advise the permittee of his right to appeal to the city council and to stay the suspension or revocation pending such appeal. (Prior code §11-809).
13.16.080 Standards.
Standards for the construction, repair, reconstruction, or abandonment of wells, or for the cathodic protection of wells shall be as set forth in the Department of Water Resources Bulletin No. 74 and the Department of Water Resources Bulletin No. 74-1 as presently drafted or as subsequently revised or supplemented, the same being incorporated in this chapter by this reference. (Prior code §11-807).
13.16.090 Variances.
The superintendent of public works shall have the power to allow variances from the standards referred to in Section 13.20.080 so as to prevent unnecessary hardship or injustice and at the same time accomplish the general purpose and intent of the standards. (Prior code §11-808).
13.16.100 Nuisance--Inspection.
The superintendent of public works may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating groundwater, investigate the situation to determine whether such a nuisance does in fact exist. He shall have the power, when in the performance of his duty, and upon first presenting his credentials and identifying himself as an employee of the department of public works to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of eight a.m. and six p.m., to discover or inspect anything or condition which appears to indicate such a nuisance. He may examine such premises, things or conditions, take such samples and make such tests as needed, and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists. (Prior code §11-8010).
13.16.110 Nuisance--Abatement order.
Whenever the superintendent of public works determines that an abandoned or other well is causing a nuisance by polluting or contaminating groundwater, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten days thereafter and shall forthwith serve the order upon the person occupying the premises, if any; and if no person occupies the premises, the order shall be posted upon the premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The superintendent of public works may for good cause extend the time specified in the order or otherwise modify or rescind the order. The order of abatement shall advise the possessors and owners of the property of their right to appeal to the city council and to stay the order of abatement pending such appeal. (Prior code §11-8011).
13.16.120 Appeals.
Any person whose application for a permit has been denied, whose permit once issued has been revoked or suspended, or who has been given an order of abatement may, within ten days following the receipt of the notice of such denial, suspension or revocation, or of the order of abatement, file an appeal in writing to the city council. The appeal shall be accompanied by a filing fee of twenty-five dollars and shall specify the grounds upon which the appeal is taken. The city clerk shall then proceed to set the matter for hearing, not later than twenty days thereafter, and such appeal shall stay the effect of any order or action until the city council hears the appeal and issues its order either to affirm, overrule, or modify the action of the superintendent of public works. Notice of the hearing shall be mailed to the appealing party at least five days prior to the hearing. (Prior code §11-8012).
13.16.130 Abatement order--Noncompliance.
In the event that a nuisance is not abated in accordance with an order of abatement, the superintendent of public works may, upon securing the approval of the city council, proceed to abate the nuisance by force account, contract, or any other method deemed most expedient by the city council. (Prior code §11-8013).
13.16.140 Report required.
The superintendent of public works shall prepare and file with the city clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. A hearing shall be held on the report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten days prior to the date set for the hearing. The city council shall determine at the hearing the correct charge to be made for the work. If such costs are not paid by the owner of the property within thirty days of the determination by the city council, they shall be assessed upon the property involved as a special assessment. The special assessment will then be collected at the same time and in the same manner as city taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable such special assessment. (Prior code §11-8014).
13.16.150 Exception.
This chapter shall not affect the right of the city to abate as a public nuisance, pursuant to Article 9, Chapter 1, Division 1, Title 5 of the Government Code, commencing with Section 50230, any abandoned well which presents a safety hazard. (Prior code §11-8015).