HomeMy WebLinkAbout1345 - ORDINANCES - 3/7/1990 ORDINANCE NO. 1345
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING TITLE 15 OF THE PALM
SPRINGS MUNICIPAL CODE TO ADD CHAPTER
15.32, REGULATION OF WATER WELLS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS
FOLLOWS:
SECTION 1 . Title 15 of the Palm Springs Municipal Code is hereby amended
by the addition thereto of Chapter 15.32 to read as follows:
Chapter 15.32
REGULATION OF WATER WELLS
15.32.010 Construction, Reconstruction, Abandonment, and Destruction
of Wells. That certain document, a copy of which is on file in the office
of the City Clerk of the City, being marked and designated as "Ordinance
No. 682 An Ordinance of the County of Riverside Regulating the Construction,
Reconstruction, Abandonment, and Destruction of Wells," and all tables and
indexes thereto, is hereby adopted as the well construction, reconstruction,
abandonment, and destruction standard for the City by reference, pursuant
to the provisions of Section 50022.1 et seq. of the California Government
Code.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause the same a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with the law.
ADOPTED this 7th day of March 1990.
AYES: Councilmembers Apfelbaum, Broich, Foster, Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: CIT1L �F PALM SPRINGS;;)CALIFORNIA
,t
By
City Clerk Mayor"
REVIEWED & APPROVED: �Q1
I HEREBY CERTIFY that the foregoing Ordinance 1345 was duly adopted by
the City Council of the City of Palm Springs, in a meeting held thereon
March 7, 1990, and published in the DESERT SUN, a newpaper of general
circulation, printed and published on March 14, 1990.
7� 1
'JUDITH SUMICH
City Clerk � � r "
1.
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7
ORDINANCE NO. 682
8 AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING
THE CONSTRUCTION, RECONSTRUCTION, ABANDONMENT,
9 AND DESTRUCTION OF WELLS
10
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13
14
15
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GERALD J GEERLINGS ,,ll nn
CnUNTY COUNSEL OCT J 1 �In BJ
SUITE 700
7575 IOTASTREET •
N
RI 551 CALILIFORIA
1 TABLE OF CONTENTS
2 Page No .
3 Section 1. PURPOSE, AUTHORITY & IMPLEMENTATION 1
4
Section 2 . DEFINITIONS 1
5
6 Section 3 . PERMIT REQUIREMENTS 5
7 A. Regulated Activities
B. Permit Fee
8 C. Penalty for Failure to Obtain A Permit
D. Permit Application and Plot Plan
9
10 Section 4 . CONDITIONS OF APPROVAL 8
11 Compliance with Standards
Completion Bonds
12 Conditions for Approval
13
Section 5 . CONDITIONS OF DENIAL 8
14
A. Expiration
15 B . Failure to Meet Standards
16 Section 6 . EXPIRATION OR EXTENSION OF PERMIT 9
17
A. Expiration
18 B. Extension
19
Section 7 . PERMIT REVOCATION OR SUSPENSION 9
20
A. Revocation or Suspension for Violations
21 of this Ordinance
B. Revocation or Suspension for Fraud
22 or Misrepresentation
23
Section 8 . HEARINGS 10
24
Hearing Process Defined
25 Petitioner ' s Responsibility
Department ' s Responsibility
26 Disposition
27
Section 9 . LICENSING AND REGISTRATION 10
28
Registration Requirements for Drillers
D J GEERLINGS
NTV COUNSEL _
SUITE
I STREET
STREET -
IDE CALIFORNIA
I Section 10 . STANDARDS 1
Construction, Reconstruction and Destruction
Standards for all Wells in Accordance with
3 DWR Standards
4 Exemptions
5 Section 11 . LATERAL (HORIZONTAL) WELL ;STANDARDS
6 Construction Guidelines and Requirements
7
8 Section 12 . REQUIRED INSPECTION OF WELL SITE 1
9 Pre-Drilling Site Inspection for
Community Water Supply Wells
10
11 Section 13 . REQUIRED 'INSPECTION OF WELLS 1
12 A. Required Frequency of Departmental
Inspections
13 B . Additional Geophysical Testing
14
Section 14 . DISCHARGE OF DRILLING FLUIDS 1
15
Discharge and Clean-Up Requirements
16
117 Section 15 . GENERAL LOCATION OF WATER WELLS 1
18 Required Setback Distances From
Known Contamination or Other
19 Potentially Hazardous Conditions
20
Section 16 . WELL LOGS 1
21
Drill.er ' s Responsibility to Log and File
22 Limited Public Access to Well Log
Information
23
24 Section 17 . WATER WELL SURFACE CONSTRUCTION FEATURES 1
25 Well Accessory Requirements
A. Check Valve
26 B. Sample Spigot
C. Disinfection Pipe
27 D. Water Well Master Meter
E . Air-Relief Vent
28 F . Backfl.ow Prevention Assembly
GERALDJ GEERLINGS
COUNTY COUNSEL -i 1-
SUITE 300
3535 IOTH STREET
RIVERSIDE CALIFORNIA
1 Section 18 . DISINFECTION OF WATER WELLS 17
2 Requirement and Procedure
3 Section 19 . WATER QUALITY STANDARDS 17
4
Monitoring Requirements for :
5 A. Community Water Supply Wells
B. Individual Domestic Wells
6
7 Section 20 . PRIVATE WELL EVALUATIONS 18
Inspection and Sampling at the Request
8 of the Owner/Seller
Evaluation Service Fee
9
10 Section 21. WELL ABANDONMENT 18
11 Procedures
12
Section 22 . PUBLIC NUISANCE ABATEMENT 19
13
Declaration of Public Nuisance
14 County Abatement Powers
15
Section 23 . DECLARATION OF PROPOSED REUSE 19
16 Written Declaration of Intent to Reuse
17 Inactive Status
Inactive Status Rescinded for Cause
18
19 Section 24 . ADMINISTRATIVE VARIANCE 20
20 Section 25 . VIOLATION AND PENALTIES 20
21
22 Section 26 . SEVERABILITY 21
23
Section 27 . CONFLICT WITH EXISTING LAWS 22
24
25 Section 28 . REPEAL 22
26
Section 29 . EFFECTIVE DATE 22
27
28
ALDJ GEEHLINGS
UNTY COUNSEL r
SUITES _i11- ! � -_-
5 IOTH STREET
51DE CALIFORNIA
2
3 ORDINANCE NO. 682
4 AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING THE
CONSTRUCTION, RECONSTRUCTION, FIBANDONMENT, AND
5 DESTRUCTION OF WELLS
6
7 The Board of Supervisors of the County of Riverside, Stat
8 of California , Ordains as Follows :
9 Section 1 . PURPOSE, AUTHORITY AND IMPLEMENTATION. The
1C1 purpose of this ordinance is to provide minimum standards for
11 construction, reconstruction, abandonment„ and destruction of all
12 wells in order to : (a) protect underground, water resources , and
13 provide safe water to persons within Riverside County. Pursuant
14 the authority cited in Chapter 13801(c) of the California Water
Ici Code, the Riverside County Health Department shall enforce the
1(5 provisions of this ordinance within its jurisdiction.
17 Section 2 . DEFINITIONS . Whenever in this ordinance the
18 following terms are used, they shall have the meanings respectiv
,E) ascribed to them in this section:
20 A. "Abandoned Wells" and "Abandonment" shall apply, t
21 well whose original or functional purpose and use has bee
22 discontinued for a period of one ( 1.) year and which has n
23 been declared for reuse by the legal owner with the
24 Department, or a well in such a state of disrepair that; i
25 cannot be functional for its original purpose or any ot:he
26 function regulated under this ordinance . Exploration hol
27 shall be considered abandoned twenty-four (24 ) hours afte
28 construction and testing work has been completed .
GIERALD d GEERLINGS
COUNTY COUNSEL —l—
SUITE 3
3535 IOTH STREET
RIVERSIDE CALIFORNIA
1 B. "Agriculture Well" shall mean any water well used to
2 supply water for irrigation or other agricultural purposes ,
3 including so-called "Stock Wells" .
4 C. "Annular Seal" or "Sanitary Seal" shall mean the
5 approved material placed in the space between the well
6 casing and the wall of the drilled hole ( the annular space) .
7 D. "Cathodic Protection Well" shall mean any artificial
8 excavation in excess of 50 feet (501 ) constructed by any
9 method for the purpose of installing equipment or facilities
10 for the protection electrically of metallic equipment in
11 contact with the ground, commonly referred to as cathodic
12 protection.
i
13 E . "Community Water Supply Well" shall mean any well
14 which provides water for public water supply systems .
15 F . "Contamination" shall mean an impairment of the
16 quality of the waters of the state by waste to a degree
17 which creates a hazard to the public health through
18 poisoning or through the spread of disease .
19 G. "Cross-Connection" shall mean any unprotected
20 connection between any part of a water system used or
21 intended to supply water for domestic purposes and any
22 source or system containing water or other substances that
23
are not or cannot be approved as safe, pure , wholesome , and
24 potable for human consumption.
25 H. "Department" shall mean the Riverside County
26 Department of Health, Division of Environmental Health
27 Services .
28 I . "Director" shall mean the director of Health or his
LDJ GEERLINGS
STY COUNSEL
QUITE 300 -'Z
10TH STREET
DE CALIFORNIA
IF;,l1 r� •
1 duly authorized representative .
2 J . "Distribution System" shall include 'the facilities
3 conduits , or any other means used for the delivery of wate
4 from the source facilities to the customer ' s system.
5 K. "Exploration Hole" shall mean an uncased excavati
6 for the purpose of immediately determining the existing
7 geological and/or hydrological conditions at the site eitl
8 by direct observation or other means .
9 L. " Individual Domestic Well" shall mean any well use
10 to supply water for. domestic needs other than a public wa
11 supply system.
12 M. " Industrial. Well" shall mean any well used primarT
13 to supply water for industrial processes and may supply
14 water intentionally or incidentally for domestic purposes
15 N. "Lateral (horizontal ) Well" shall mean a well
16 drilled or constructed horizontally or at an angle with tl
117 horizon as contrasted with the common vertical well and d
18 not include horizontal drains or °wells° constructed to
19 remove subsurface water from hillside, cuts, or fills .
20 O. "Monitoring Well" shall mean an artificial
27 excavation by any method for the purpose of observing,
22 monitoring, or supplying the conditions of a water bearin
23 aquifer , such as 'fluctuations in groundwater levels , qual
24 of groundwateirs , or the concentration of contaminants in
25 underground waters .
26 P. "Person" shall mean any individual, firm,
27 corporation, association, profit or non-profit organizati
28 trust, partnership, special district, or governmental age
GERALDJ GEERLINGS
COUNTY COUNSEL -3-
SUITE 300
3535 IOTM STREET
RIVERSIDE CALIFORNIA
1 to the extent authorized by law.
2 Q. "Pollution" shall mean an alteration of water by
3 waste to a degree which unreasonably affects : such water for
4 beneficial uses , or facilities which serve such beneficial
5 uses . "Pollution" may include "contamination" .
6 R. "Public Water System" shall mean:
7 1 . A system regard'Less of type of ownership for the
8 provision of piped water to the public for domestic use,
9 if such system has at least five (5) service connections
10 or regularly serves an average of at least twenty-five
11 (25 ) individuals daily at least sixty ( 60) days of the
12 year , A public water system includes :
13 a . Any collection, treatment , storage, and
14 distribution facilities which are used primarily in
15 connection with such system and which are under
16 control of the water supplier .
17 b. Any collection or pretreatment storage
18 facilities which are used primarily in connection
19 with such system but are not under control of the
20 water supplier .
21 S . "Reconstruction" means certain work done to an
22 existing well in order to restore its production, replace
23 defective casing, seal off certain strata or surface water ,
24 or similar work, not to include the cleaning out of
25 sediments , surging, or maintenance to the pump or
26 appurtenances where the integrity of the annular seal or
27 water bearing strata are not violated .
28 T. "Source Facilities" shall include wells , stream
�J GEERLINGS
T COUNSEL _
UITE
10TH STREET
)E CALIFORNIA
67�-/
l diversion works , infiltration galleries , springs , reservo
2 tanks , and all other facilities used in the production
3 treatment, disinfection, storage, or delivery of water to
4 the distribution system.
5 U. "Water Well " shall mean any artificial excavatio
6 constructed by any method for the purpose of extracting
7 water from, or injecting water into the ground . This
8 definition shall not include :
9 1 . oiland gas wells, or geothermalwells
10 constructed under the jurisdiction of the California
11 State Department of Conservation, except; those wells
12 converted to use as water wells ;- or
13 2 . Wells used for the purpose of :
14 a . Dewatering excavation during construction
15 or
15 b. Stabilizing hillsides or earth embankment
117 Section 3 . PERMIT REQUIREMENT.
18 A. No person or entity, as principal agent, or empl
19 shall dig, drill , bore, drive, reconstruct or destroy (1)
20 well that is to be, or has been, used to produce or injec
21 water, (2) a cathodic protection well , or ( 3 ) a monitorin
22 well , without 'first filing a written application to do so
23 with the Department, and receiving and retaining a valid
24 permit as provided herein.
25 H . No person or entity shall engage in any activity
26 subject to the jurisdiction of this ordinance without fir
27 paying all applicable fees to the 'Department of Health fe
28 each activity in the amounts set forth in Riverside Count
GERALD J GEERLINGS
COUNTY COUNSEL -TD-
SUITE 3W
3535 IOTH STREET
RIVERSIDE CALIFORNIA
I Ordinance No . 640 et sec .
2 C. Any person who shall commence any work for which a
3 permit is required by this Department without having
4 obtained a permit therefore, shall , if subsequently granted
5 a permit, pay double the permit fee for such work; provided,
6 however , that this provision shall not apply to emergency
7 work when it shall be established in writing to the
8 satisfaction of the Director that such work was urgently
9 necessary and that it was not practical to obtain a permit
10 before commencement of the work . In all cases in which
11 emergency work is necessary, a permit shall be applied for
12 within three (3 ) working days after commencement of the
13 work. The applicant for a permit for any such emergency
14 work shall , in any case, demonstrate that all work performed
15 is in compliance with the technical standards of Section 10 .
16 of this ordinance.
17 D. An application for a permit to construct a water
18 well , monitoring well , or cathodic protection well , shall be
19 submitted to the Department on a form and in a manner
20 prescribed by the Department, and shall include the followin
21 information:
22 1 . A Plot Plan showing the proposed well location
23 with respect to the following items within a radius of
24 five hundred feet (5001 ) from the well :
25 a . Property lines , including ownership .
26 b. Sewage or waste disposal systems ( including
27 reserved waste disposal expansion areas ) , or works
28 for carrying or containing sewage or waste .
O J.OCERLINOS
ITV COUNSEL —16_ I']UITE b
IOTH STREET
DE CALIFORNIA
o<-/
1 C . All intermittent or perennial , natural „ o
2 artificial bodies of water or watercourses .
3 d . The approximate drainage pattern of the
4 property.
5 e . Other wells, including abandoned wells .
6 f . Access road (s) to the well site.
,r g. Structures .
8 2 . Location of the property with a vicinity map
9 including the legal description of the property
10
(Assessor ' s Parcel Map/Tract Map Number ) .
11 3 . The name and state license number of the genc
12 contractor (when applicable) , and the C--57 license
13 number of the person responsible for constructing Ch^
14 well .
15 4 . The proposed well depth, including casing si.z
16 and zones of perforations and strata to be sealed off
17 if such data can be reasonably projected .
18 5 • The proposed use of the well .
19 6 . Location of underground storage tank(s ) withi
20 five hundred feet (5001 ) of the proposed well .
21 7 . Location and classification by visual inspect
22 of any solid, liquid, or hazardous waste disposal sit
23 to include municipal and individual package sewage
24 treatment plants within two thousand feet (2 , 000 ' ) of
25 the proposed well .
26 8 . Where proposed work is reconstruction or
27 destruction of a water well , monitoring well , or
28 cathodic protection well, provide the following
4
GERALDJ GEERLING5
COUNTY COUNSEL -7-
SUITE 300
3535 IOTH STREET
RIVERSIDE CALIFORNIA
1 information, if available :
2 a . Method of reconstruction or destruction of
3 well .
4 b. Total depth.
5 C . Depth and type of casing used .
6 d . Depth of perforation.
7 e . Well log .
8 f . Any other pertinent information.
9 9 . Other information as may be deemed necessary for
10 the Department to determine if the underground waters
11 will be adequately protected .
12 E . As a condition of a construction or reconstruction
13 permit, any abandoned wells on the property shall be
14 destroyed in accordance with standards provided in this
15 ordinance .
16 Section 4 . CONDITIONS OF APPROVAL . Permits shall be issued
17 after compliance with the standards provided and incorporated by
18 reference in this ordinance . Plans shall be submitted to the
19 Department demonstrating compliance with such standards . Permits
20 may include conditions and requirements found by the Department to
21 be reasonably necessary to accomplish the purpose of this
22 ordinance . Completion bonds , contractor ' s bonds , cash deposits , or
23 other adequate security may be required to insure that all projects
24 are performed completely and properly to protect the public ' s
25 health and safety and the integrity of underground water resources .
26 Section 5 . CONDITIONS OF DENIAL. Where the Department
27 determines that the standards of this ordinance have not been met ,
28 it shall deny the application.
J GEERUNGS
TVE COUNSELJIT _8
IOTH STREET
IF CALIFORNIA
,mil
1 Section 6 . EXPIRATION 'OR EXTENSION OF PERMIT.
2 A. Each permit issued pursuant to this ordinance shal
3 expire and become null and void if the work authorized
4 thereby has not been completed within six (6 ) months
5 following the issuance of the permit .
6 B . Any permit issued pursuant to this ordinance may
7 extended at the option of the Department . Each individual
8 extension granted by the Department shall be for not long-
9 than one hundred twenty (120) days . In no event shall th-
10 Department grant an extension which would make the total
11 term of the permit exceed one (1) year . Application for
12 extension shall be made on a form provided by the Departme
13 The application shall be accompanied by a fee in the amour
14 set forth in Riverside County Ordinance No . 640 et seq.
15 C. Upon expiration of any permit issued pursuant
16 hereto, no further work may be done in connection with
17 construction, repair , reconstruction, or abandonment of a
18 well unless and until a new permit for such purpose is
19 secured in accordance with the provisions of this ordinanc
20 Section 7 . PERMIT_REVOCATION OR SUSPENSION.
21 A. A permit issued hereunder may be revoked or suspen
22 by the Director as hereinafter provided if he determines
23 that a violation of this ordinance exists, that written
24 notice has been directed to the permittee specifying the
25 violation, and that: the permittee has failed or neglected
2E make the necessary adjustments within fifteen ( 15) days
27' after receiving such notice .
26 B . A permit may be so revoked or suspended by the
GERALD J.GEERLINGS
COUNTY COUNSEL _9-
SUITE300
3535 10TH STREET
RIVERSIDE CALIFORNIA
1 Director if he de'termi,nes at a hearing held for such purpose
2 that the person to whom any permit was issued pursuant to
3 this ordinance has obtained the same by fraud or
4 misrepresentation.
5 Section 8 . HEARINGS . Any person whose application for a
6 permit has been denied or whose permit has been suspended or
7 revoked may request a hearing. The person shall file with the
8 Department a written petition requesting the hearing and setting
9 forth a brief statement of the grounds for the request . The Hearin
10 Officer shall be the Director or his designee . At the time and
11 place set for the hearing, the Hearing Officer shall give the
12 petitioner and other interested persons, adequate opportunity to
13 present any facts pertinent to the matter at hand . The Hearing
14 Officer may, when he deems it necessary, continue any hearing by
15 setting a new time and place and by giving notice to the petitioner
16 of such action.
17 At the close of the hearing, or within thirty ( 30) working
18 days thereafter , the Hearing Officer shall order such disposition
19 of the application or permit as he has determined to be proper , and
20 shall , by postage prepaid, registered mail , notify the petitioner
?1 of his final determination.
22 Section 9 . LICENSING AND REGISTRATION OF WATER WELL DRILLERS
23 AND CONTRACTORS . No persons shall engage in any activity listed in
24 Section 3 . of this ordinance unless he is in compliance with the
25 provisions herein and possesses a valid C-57 license in accordance
26 with the California Contractor ' s State License Law (chapter 9 ,
27 Division 3 of the Business and Professions Code) , or possesses a
28 license appropriate to the activity to be engaged in. Such person
MUD J.GEERUNGS
OUNTY COUNSEL
SUITE 300
35 IOTH STREET
RSME CALIFORNIA
1 shall register annually with the Department: and pay the registra
2 fee specified in Riverside County Ordinance No . 640 et seq. , pril
3 to commencing any activity regulated by this ordinance .
4 Section 10 . STA14DARDS . Standards for the construction„
5 reconstruction, abandonment, or destruction of wells shall be th
6 standards recommended in the Bulletins of the California Departm
7 of Water Resources as follows : Bulletin NO 74-81 Chapter II Wate
8 Wells , and Bulletin NO 74-90 (Supplement to Bulletin 74-81) as
9 these Bulletins may be amended by the State from time to time .
10 content of said Bulletins is hereby incorporated by reference I,ai
11 the following additions or modifications :
12 Bulletin 1140 '74-90 Monitoring Well .
13 1 . Exploration holes for determining immediate geologica
la or hydrological information relating to onsite sewage
15 disposal systems, liquifaction studies , hazardous
16 materials investigations, or geotechnical investigati
17 for construction purposes , such as foundation studies
18 are exempt from the monitoring well destruction
19 standards of Part III Bulletin 74-90, provided that a
20 zone of low permeabilitly overlying sediments with wa
21 bearing capabilities has not been penetrated . For th
22 above-listed cases , the excavation or boring shall be
23 backfilled with native soils irrlmediately after the
24 investigatory work has been completed . Where a zone
25 low permeability has been penetrated, the hole shall
26 abandoned as specified in Bulletin 74-90, Part III .
27 When the excavation or boring is to be left open and
28 unattended (such as at the end of a worts: shift) , the
GMALD J.GEERLINGS
COUNTY COUNSEL -11-
SUITE 300
3535 IOTH STREET
RIVERSIDE CALIFORNIA
1 person in charge of the construction shall take all
2 necessary precautions to insure that the excavation has
3 not created a public health or safety hazard .
4 Section 11 . LATERAL (HORIZONTAL) WELL STANDARDS . The
5 location and design of lateral wells shall be in accordance with
6 the standards recommended in the State of California , Department of
7 Health Services ' Publication: Requirements for Use of Lateral Wells
8 in Domestic Water Systems as such publication may be amended by the
9 State from time to time . The content of said publication is hereby
10 incorporated herein by reference .
11 Section 12 . REQUIRED INSPECTION OF WELL SITE. A site
12 inspection by the Department is required prior to issuance of a
13 permit for a well that is to be part of a public water system or
14 other wells that possess a high potential for contamination as
15 determined by the Director . In the event that the well is to serve
16 a system under the direct jurisdiction of the State Department of
17 Health Services, then, that agency may perform the site inspection
18 and notify the Director of its approval or disapproval .
19 Section 13 . REQUIRED INSPECTIONS OF WELLS .
20 A. A well inspection shall be requested of the
21 Department at least two (2 ) working days in advance of the
22 following activities :
23 1 . For individual domestic wells, agricultural
24 wells, cathodic protection wells, and monitoring
25 wells :
26 a . The filling of the annular space or
27 conductor casing.
28 b. Immediately after the installation of all
LLD J.GEERLINGS
LINTY COUNSEL
SUITE 300 -12-
5 IOTH STREET
5 DE.CALIFORNIA �'
1 surface equipment and (for individual domestic
2 wells) after the well has been disinfected and
3 purged .
4 2 . For community wells :
5 a . All community water wells shall be inspec
6 at the frequencies stated in subsection 1 . of thi-
7 section for individual domestic water wells . In
8 addition, a site inspection) prior to issuance of
9 permit: is required in accordance with Section 12 .
10 this ordinance .
11 3 . For all. wells :
12 a . Any other operation or condition for whicl
13 special inspection is stipulated on the well perms
14 4 . For well destruction (all wells) :
15 a . During the actual sealing of the well .
16 b. Immediately after all well destruction wot
17 has been completed .
18 B. Upon failure to notify the Department of the fill,
19 of the annular space, approved geophysical tests includin(
20 Sonic Log and Gamma Flay Log shall be conducted at the
21 owner ' s expense, to substantiate that an annular seal has
22 been properly installed .
23 C. If the enforcement agency fails to appear at the
24 well site at 'the time designated for sealing, the well may
25 be sealed without the presence of the enforcement agency .
26 However , the driller shall seal the well in accordance wi
27 the standards of this ordinance and the permit in the
28 absence of any inspection.
GERALD J GEERLINGS
COUNTY COUNSEL _13_
SUITE 300
3535 IOTH STREET
RIVERSIDE CALIFORNIA
1 Section 14 . DISCHARGE OF DRILLING FLUIDS . Drilling fluids
2 and other drilling materials used in connection with cathodic
3 protection, monitoring or water well construction, shall not be
4 allowed to discharge onto streets or into waterways , and shall not
5 be allowed to discharge to the adjacent property unless a written
6 agreement with the owner (s ) of the adjacent property is obtained;
7 provided, however , that such fluids and materials are cleaned up
8 and removed within thirty (30) days after completion of the well
9 drilling and there is no violation of waste discharge regulations .
10 This section shall not operate to prohibit the surface discharge of
11 contaminated groundwater provided such discharge is carried out in
12 compliance with a lawful order of a regional water quality board .
13 Section 15 . GENERAL LOCATION OF WATER WELLS . It shall be
14 unlawful for any person or entity to drill , dig, excavate, or bore
15 any water well at any location where sources of pollution or
16 contamination are known to exist, have existed , or otherwise
17 substantial risk exists that water from that location may become
18 contaminated or polluted even though the well may be properly
1g constructed and maintained. Exceptions to the above include the
20 following:
21 1 . Extraction wells used for the purpose of extracting and
22 treating water from a contaminated aquifer .
23 2 . Wells from which water is to be treated to meet all
24 State Department of Health standards and requirements .
25 3 . Wells from which water will be blended with other water
26 sources resulting in water that meets all State Department of
27 Health standards and requirements .
28 Every well shall be located an adequate distance from all
ALD J.GEERLINGS
OUNT COUNSEL
SUITE 3W -14-
15 IOTH STREET '4
RSIDE,CALIFORNIA
r
1 potential sources of contamination and pollution as follows :
2 Sewer 50-foot minimum
3 Watertight septic tank 100-foot minimum
4 Subsurface sewage leach line or leach field 100-foot minimum
5 Cesspool or seepage pit 150-foot minimum
6 Animal or fowl enclosures 100-foot minimum
7 Any surface sewage disposal. system
8 discharging 2, 000 gal/day or more 200-foot minimum
9 Minimum distances from other sources of pollution or
10 contamination shall be as determined by the: Department upon
ll investigation and analysis of the probable risks involved . Where
12 particularly adverse or special hazards area involved as determine
13 by the Health 'Department, the foregoing distances may be increase
14 or specially approved means of protection, particulairly in the
15 construction of the well , may be required as determined by the
16 Department .
17 Section 16 . WELL LOGS . Any person who has drilled, dug,
18 excavated, or bored a well. subject to this ordinance, shall withi
19 thirty (30) days after completion of the drilling, digging,
20 excavation, or boring of such well , furnish the Department with a
21 complete log of such well on a standard form provided by the Star
22 Department of Water Resources . This log shall include depths of
23 formations , character, size distribution, i . e . , clay, sand, grave
24 rocks and boulders, and color for all lith.ological units
25 penetrated, the type of casing, pump test results when applicabl-
26 and any other data required by the Department . The Department m-
21 require inspection of the well log during any phase of the well ' -
2 B construction and where necessary to achieve the purposes of this
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1 ordinance, may require modification of the work as originally
2 planned .
3 Well logs furnished pursuant to this ordinance shall not be
4 made available for inspection by the public , but shall be made
5 available to governmental agencies for use in making studies ;
6 provided , that any report be made available to any person who
7 obtains written authorization from the owner of the well .
8 Section 1.7 . WATER WELL SURFACE CONSTRUCTION FEATURES .
9 A. Check Valve . A check valve shall be provided on the
10 pump discharge line adjacent to the pump for all water wells .
11 B. Sample Spigot . An unthreaded sample spigot shall be
12 provided on the pump discharge line of any water well used
13 as a public water supply adjacent to the pump and on the
14 distribution side of the check valve.
15 C. Water Well Disinfection Pipe . All community water
16 supply wells and individual domestic wells shall be provided
17 with a pipe or other effective means through which chlorine
18 or other approved disinfecting agents may be introduced
19 directly into the well . The pipe shall be extended at least
20 four inches (411 ) above the finished grade and shall have a
21 threaded or equivalently secured cap on it .
22 D. Water Well Flow Meter . A flow meter or other
23 suitable measuring device shall be located at each source
24 facility and shall accurately register the quantity of water
25 delivered to the distribution system from all community
26 water supply wells serving a public water supply system.
27 E. Air-Relief Vent . An air-relief vent, when required ,
28 shall terminate downward, be screened, and otherwise be
ALD J,GEERLINGS r
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1 protected from the entrance of contaminants .
2 F . Backflow Prevention Assembly. Agricultural wells
3 equipped with chemical. feeder devices for fertilizers ,
4 pesticides , or other nonpotable water treatment , shall be
5 furnished with an approved backflow prevention assembly or
6 sufficient air gap to insure that a cross-connection with
7 the well does not. exist .
8 Section 18 . DISINFECTION OF WATER WELLS . Every new,
9 repaired, or reconstructed community water supply well Or individ
10 domestic well , after completion of construction, repair or
11 reconstruction, and before being placed in service, shall be
12 thoroughly cleaned of all foreign substances . The well gravel us
13 in packed wells , pipes , pump, pump column, and all well water
14 contact equipment surfaces , shall be disinfected by a Department-
15 approved method . The disinfectant shall remain in the well and
16 upon all relevant surfaces for at least twenty-four (24 ) hours .
17 Disinfection procedures shall be repeated until microbiological.ly
18 safe water is produced, as set forth in the California Code of
19 Regulations , Title 22, Domestic Water Quality monitorin .
20 Se c , o,n 19 . WIATEN QUALITY STANDARDS .
21 A. Water from all new, repaired, and reconstructed
22 community water supply wells , shall. be tested for and mee
23 the standards for microbiological , general mineral , gener
24 physical, chemical. ,, and radiological quality in accor.danc
25 with the California Code of Regulations . Title 22 , Domest
26 Water ,QualitY, and , Monitori. -
?7 B . In addition to the microbiological standards requ
28 in Section 18 . of this ordinance, all individual domestic
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I water wells shall be tested for and meet the nitrate,
2 fluoride , and total dissolved solids (TDS) standards in
3 accordance with the California Code of Regulations, Title
4 22 , Domestic Water Quality and Monitoring.
5 C. At the discretion of the Director , for the purpose
6 of protecting the health and safety of the public , any new,
7 repaired, or reconstructed individual domestic water well ,
8 or community well , shall be tested for and must meet, any or
9 all additionally specified Water Quality Standards in
10 accordance with the California Code of Regulations , Title
11 22 , Domestic Water Quality and Monitoring. Exceptions would
12 be community well water to be either treated or blended with
13 other water sources to meet State Department of Health
14 Services standards and requirements . Said treatment or
15 blending must be approved by the State Department of Health
16 Services .
17 Section 20 . PRIVATE WELL EVALUATIONS . All individual
18 domestic water wells for which the owner requests a Department
19 evaluation of water quality, shall be tested for Water Quality
20 Standards for individual domestic water wells as provided for in
21 Section 18 . of this ordinance . The Department shall perform a
22 well-site inspection and conduct the microbiological sampling
23 portion of the evaluation. Any additional testing, including any
24 pump test to determine the yield quantity of the well , shall be
25 performed by State certified individuals at the expense of others .
26 The Department shall collect an evaluation service fee in
27 accordance with Riverside County Ordinance No. 640 et seg.
28 Section 21 . WELL ABANDONMENT. If after thirty (30) days of
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1 abandonment , the owner has not declared to the Department a
2 proposed reuse of the well per Section 23 of this ordinance , and
3 the well has been found by the Department to be a hazard , whereby
4 its continued existence is likely to cause damage to ground water
5 or a threat to public health and safety, the Department shall
6 direct the owner to destroy the well in accordance with Section
7 of this ordinance .
a Upon removal of the pump, the casing shall be provided wit-
9 a threaded or equivalently secured watertight cap . The well steal
10 be maintained so that it will not be a hazard to public health an
11 safety until such time as it is properly destroyed .
12 Section 22 . PUBLI_C. NUISANCE ABATEMENT. Where an abandon--
13 well has been identified and the owner fails to comply with the
14 Department ' s order to destroy the well , such well may be declare
15 public nuisance pursuant to Government Code Section 50231 , and
16 thereafter abated pursuant. to Title 5 , Division 1, Article 9 of t
17 California Government Code: . Where abatement is undertaken at th--
18 expense of the County, such cost shall constitute a special
19 assessment against the parcel and shall be added to the next
20 regular tax bill as enumerated under Government Code Section 5021
21 et seq.
22 Section 23 . DECLARATION OF' PROPOSED REUSE . Where a well
23 unused or its disuse is anticipated, the owner may apply to the
2zL Department, in writing, stating an intention to use the well agaR
25 for its original or other approved purpose . The Department shall
26 review such a declaration and may grant an exemption from certait
27 of the provisions of Section 21 of this ordinance, provided no
?8 undue hazard to publ'.ic health or safety is created by the contin
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COUNTY COUNSEL -19-
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1 existence of the well . Thereafter , an amended declaration shall be
2 filed annually with the Department . The original or subsequent
3 exemption may be terminated for cause by the Department at any time
4 Section 24 . ADMINISTRATIVE VARIANCE . Subject to approval
5 by the State Department of Health Services, the Director may grant
6 an administrative variance of the provisions of this ordinance
7 where documentary evidence establishes that a modification of the
8 standards as provided herein, will. not endanger the general public
9 health and safety, and strict compliance would be unreasonable in
10 view of all the circumstances .
11 Section 25 . VIOLATIONS ANI) PENALTIES .
12 A. The Director , or his designee, may at any and all
13 reasonable times enter any and all places, property,
14 enclosures , and structures for the purpose of conducting
15 examinations and investigations to determine whether all
16 provisions of this ordinance are being complied with.
17 B. It shall be unlawful for any person, firm,
18 corporation, or association of persons , to violate any
19 provision of this ordinance or to violate the provisions of
20 any permit granted pursuant to this ordinance . Any person,
21 firm, corporation, or association of persons , violating any
22 provision of this ordinance or the provisions of any permit
23 granted pursuant to this ordinance, shall be deemed guilty
24 of an infraction or misdemeanor as herein specified . Such
25 person, firm, corporation, or association of persons shall
26 be deemed guilty of a separate offense for each and every
27 day or portion thereof during which any violation of any of
28 the provisions of this ordinance or the provisions of any
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1 permit granted pursuant to this ordinance, is committed ,
2 continued, or permitted .
3 Any person, firm, corporation, or association of
4 persons so convicted shall be : (1) guilty of an infractio
5 offense and punished by a fine not exceeding one hundred
6 dollars ($100 . 00) for a first violation; (2 ) guilty of an
7 infraction offense and punished by a fine not exceeding t
d hundred dollars ($200 . 00) for a second violation at the s
9 site . The third and any additional violations on the sam
10 site shall constitute a misdemeanor offense and shall be
11. punishable by a fine not exceeding one thousand dollars
1P ($1, 000 . 00) or six ( 6) months in jail , or both.
13 Notwithstanding the above, a first offense may be charged
14: and prosecuted as a misdemeanor . Payment of any penalty
1°i herein shall not relieve a person, firm, corporation, or
16 association of persons from the responsibility for
17 correcting the violation.
18 C. Anything done, maintained, or suffered in violati
19 of any of the provisions of this ordinance, is a public
20 nuisance dangerous to the health and safety of the public
21 and may be enjoined or summarily abated in the manner
22 provided by law. Every public officer or body lawfully,
23 empowered to do so , shall abate the nuisance immediately.
24 Section 26 . ,SEVEIRAB'ILITY. If any provision, clause,
25 sentence, or paragraph of this ordinance, or the application
26 thereof , to any person, establishment, or circumstances , shall. b
2,7 held invalid, such invalidity shall not affect the other provi.si
28 of this ordinance which can be given effect without. the invalid
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1 provision or application, and to this end, the provisions of the
2 ordinance are hereby declared to be severable .
3 Section 27 . CONFLICT WITH EXISTING LAWS. The provisions of
4 any existing ordinance or State or Federal law affording greater
5 protection to the public health or safety, shall prevail within
6 this jurisdiction over the provisions of this ordinance and the
7 standards adopted or incorporated by reference hereunder .
8 Section 28 . REPEAL. Riverside County Ordinance No . 340 ,
9 and all amendments thereto, shall be repealed and of no further
10 force or effect upon the effective date of this ordinance .
11 Section 29 . EFFECTIVE DATE. This ordinance shall take
12 effect sixty ( 60) days after its adoption.
13
14 BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA
15
16
By
17 ATTEST: OCT 3 1 1"B9 C air n, Board of Supervisors
�
18 GERALD A. MALONEY
19 Clerk of the Board
20 By`-
21 Deputy
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(SEAL)
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Bare 26
097LIT
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LID J.GEERLINGS +• _ i
UNT COUNSEL
SUITE300 -22-
5 10TH STREET
SIDE CALIFORNIA
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15 STATE OF CALIFORNIA)
)
16 as.
COUNTY OF RIVERSIDE)
17 I HEREBY CERTIFY that at a regular meeting of the beard of Supervisors of said county
18 held on October 31, _-19 89, the foregoing ordinance consisting of_.29 _
19 sections was adopted by said Board by the following vote:
20 AYES: Supervisors Cenbceros, Dunlap, Larson, Abraham, Youn<_
21 NOES: None
22 ABSENT: None
23 GERALD A. MALONEY
24
Dated: 10/31/89 _ Clerk of the Board
25
(Seat) BY: z _, Depu
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