6-9.01    Definitions

6-9.02    Use of Groundwater as a Water Supply Prohibited

6-9.03    Penalties

6-9.01 Definitions.

As used in this chapter, certain words and phrases are defined as follows:

(a)    “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns.

(b)    “Potable water” means water of a quality which meets the Regulations Relating to Domestic Water Supply Quality and Monitoring issued by the California Department of Health Services.

(c)    “City” means the City of Emeryville.

(d)    “Groundwater monitoring well” means any well constructed or used for the sole purpose of observing, monitoring, or treating groundwater conditions related to suspected groundwater contamination.

(e)    “Well” means any drilled, bored, dug, jetted, or driven or artificial excavation of any kind for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include oil, gas, or geothermal wells constructed pursuant to State law except those wells converted to use as water wells.

(Sec. 3 (part), Ord. 07-006, eff. May 31, 2007)

6-9.02 Use of Groundwater as a Water Supply Prohibited.

The use of, or attempted use of, groundwater from within the limits of the City of Emeryville, as a potable water supply, or for any residential, commercial, or industrial use by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition expressly includes the City of Emeryville. Nothing within this chapter shall prohibit the construction or use of a groundwater monitoring well; provided, that said groundwater monitoring well is constructed pursuant to all applicable State and local regulations.

(Sec. 3 (part), Ord. 07-006, eff. May 31, 2007)

6-9.03 Penalties.

(a)    It shall be a violation of this Code, subject to administrative citation under Chapter 7 of Title 1, for anyone to violate or fail to comply with any of the requirements of this chapter.

(b)    Violations of any requirements of this chapter shall be deemed a public nuisance and may be abated accordingly. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

(c)    The remedies and penalties provided in this section are cumulative and not exclusive of one another.

(Sec. 3 (part), Ord. 07-006, eff. May 31, 2007; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)