Loading...
HomeMy WebLinkAboutCC ORD 1974-1431 Adopts county well regulations (14.20)1431 ORDINANCE NO. 1431 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING ORDINANCE NO. ELAT NG TOO CONSTRUCTION, F THE BOARD OF SUPERVISORS COUNTY RECONSTRUCTION OF SAN DIEGO, R DESTRUCTION OF WELLS, AND INCORPORATING BY REFERENCE WATER WEL RESOURCL ES STANDARDS: STBULLETIN N.CALIFORNIA), AD CATHODIC SI OF DEPARTMENT STANDARDS: STATEOF WATER OF CALI- FORNIA NI FORNIA (CHAPTER II OF DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74-1). on July City Council of the City of Na- 2, 1974 by the following vote, tional City, California does ordain as to -wit: follows: follows: Councilmen Camacho, Dalla, R SECTION 1: That all other ordinancesReid and parts i ordinonconflictthe with City this Absent: Councilmen None s: Councilmen Pinson, Morgan Notional City,Abstain: Councilmen None e ordinance are hereby repealed. AUTHENTICATED BY: SECTION 2: There is hereby adopted LE MORGAN by the City Council of the City of Na- Mayor KILE othe City tional City for the purpose of prescribing of regulations governing provision for the National City, California construction, repair and reconstruction S/KILE of wells to the end that the ground City Clerk of the City MORGAN water of this County will not be polluted ityi Cle City, California Cityof t contaminated and that water ob- the fnthe from pu purposesuch for which ls ill be suitable I used and will ordinanceBwasEnotl finally that adopted foregoing forP not jeopardize the health, safety or twee calendar o�itshadtroducptiodbe- n and welfare of the people of this County, wit, on and for the destruction of abandoned the day of its final passage, to w wells or wells found to be public nuis- June 25, 1974 and on July 2, 4 AT nncesto the end cause pollution thatorwill id or - contamination dinanceRTwasR read in CERTIFY H full prior a to otits ground water or otherwise jeopardize final passage or that the reading of the health, safety or welfare of the said o ordinance notin ull ashdi penmajors Y th people of this County, that certain Or- by a mbers d tthe cil (NS) of the Board ofr Supervisors of thethe and thate there was eavailable for nthe of each County of San eeoo which hhovvinance e been Coundcilratndnthe public priorber of the to the day t less than three (3) hop and are now filed in the office of the of its passage a written or printed copy City Clerk of the City of National City of said ordinance. iand the same are ncorporated as fully if s outd and and fo ego nR CERTIFY is a that core length herein, and from the date on rect cop off ORDINANCE City, NO. 14 1anf which this Ordinance shall take effec th Council- said and the provision thereof shall be control ng ado to by within the limits of the City of Nati nal 2, 197 (Sea 0NE MINOGUE AMP L'rL City. C'ty Clerk of e City of PASSED AND ADOPTED this 2nd day ational Ci , California of July, 1974. KILE MORGAN Mayor 4ND L' HER Y CERTIFY that the same a-' ATTEST: been d y published according to law ZONE MINOGUE CAMPBEL ., k _ City Clerk (Seal) City Clerk oft City of Passed and adopted by the Council National City City of of the City of National City, Californio, ORDINANCE NO: 4286 (NEW SERIES) AN ORDINANOE ADDING CHAUTER 4 TO DIVISION 7 OF TITLE 6 OF THE SAN DIEGO COUNTY CODE RELA'f1\G TO CONSTRUCTION, REPAIR, RECONSTRUCTION OR DEeTRUC1ION OF WELLS, ANI) INCORPORATING BY ILEEER.FNOE WATER WELL STANDARDS: STATE OF CALIFORNIA (CHAPTER IIOF DEPARTMENT OF WATER RESOURCES UULLETIY NO. 74), AND CATHODIC STAND- ARDS: STATE OF CALIFORNIA (CHAPTER fI OF DEPARTMENT OE WATER, RESOURCES BULLETIN NO. 74-1). The Board of Supervisors of the County of Sun Diego do ordain as follows: . Section 1. Chapter 4 is hereby added to Division 7 of Title 6 of the San Diego County Cede to read as follows: CHAPTER 4 WELLS ARTICLE 1. GENERAL Sec. 67.401. PURPOSE AND INTENT. It Is the purpose of this Chapter �q to provide for the construction, repair and reconet uctlon of wells to the r+'I end that the ground water of this County will not be polluted or con - tee laminated and that water obtained from such wells will be seeable for the CV purpose far which used and will not jeopardize the health, safety or y� welfare of the people of this County and for the destruction of abandoned ' �.y wells or wells found to be public nuisances to the end that such wells will 11) not cause pollution or contamination of ground. water or otherwise po _�G.7y jeopardize 67.402. DEFINITIONS'ASeUSED 1N THIS C'HAPTDR. The foollow- ing word's shall have' the meaning provyided in this section: 7ft`i —"'iN ABANDONED and ABANDONMENT. The_ terms "abandoned" or "abase shall apply to a well wh•Ich has not been used for a period of one year, melees the owner declares In writing, to the Health Officer, his Intention to use the well again for supplying water or other associated purpose (such as an observation we'll or Injection well) and receives approval of such declaration from the Health Offeer. All such declarations shall be renewed annually and at such time be resubmitted to the Health Officer for approval. Test holes and exploratory holes shall be conaldored abandoned twenty-four hours after construction• work has been completed, unless otherwise approved by the Health Officer of San Diego County. ABATEMENT. The construction, reconstruction, repairor destruction of a well so as to eliminate a nuisance caused by a *ell polluting or eontahm;nating ground water. AGRICULTURAL WELL. A water web used to supply water for irriga- tion or other agricultural purposes, including. so-called stock wells. CATHODIC PROTECTION WELL. Any artificial excavation in excess of. 20 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. (See definitions of deep anode bed and shallow anode bed.) • COMMERCIAL WIs'LtL. A water well used to supply a single commercial establishment. COMMUNITY WATER SUPPLY WELL. A wafer wren 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_ CONSTRUCT, RECONSTRUCT (CONSTRUCTION, RECONSTRUCTION). To dig, drive, boo, drill or deepen a well, or to reperforate, remove, replace, or extend a well casing. CONTAMINATION. 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. DEEP ANODE BEAD. Any' cathodic protection well more than 50 feet deep DESTRUCTION. The proper filling and sealing of a web that Is no longer useful so as to assure that the ground water Is protected and to eliminate a potential physical hazard. ELECTRICAL GROUNDING WEiJ. Any artificial excavation In excess of 20 feet constructed by any method for the purpose of establishing an electrical ground. HEALTH OFFICER, The Health Officer of San Diego County or Ms designee. INDIVIDUAL DOMESTIC WELL. A water well used to supply water for domestic needs of an individual residence. INDUSTRIAL WELL. A water web used to supply an tndestry on an Individual basis. MODIFICATION REPAIR OR RECONSTRUCTION. The deepening of a well or the repertormation or replacement of a web casing and all web repairs and modifications that can affect the ground water quality_ OBSERVATION WELL. A well used for motltoing or sampling the conditeens of water -bearing aquitlier, such as water pressure, depth, movement or quality. ORDER Ole ABATEMFJNT. Both mandatory and prohibitory orders requiring or prohibiting one or more acts; said term shall also Include those orders effective tor a limited as well as an indefinite period of time, and shall include modifications or restatements of any order. PERMIT. A written permit issued by the Health Officer permuting the construction, reconstruction, tlestructien, or abandonment of a well. PERSON. Any person. firm. corporation or governmental agency. C ,, . i'/3/ POLLUTION. An alteration of the quality of water to a degree which unreasonably affects (1) such waters for beneficial uses, or (2) facilities which serve such beneficial uses. Pollution may include con- tamination. PUBLIC NUISANCE. The term "public nulsence",. when applied to a web, shalt moan any well which threatens to impair the quality of ground water or otherwise peopardize the health or safety of the public, SALT WATER (HYDRAULIC) BARRIER WELL. A well used for extracting water from or Infecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifier. SHALLOW ANODE BED. Any cathodic proteetion well more than 20 feet deep but less ditto 50 feet deep. TEST or EXPLORATORY HOLE. An excavation used for determining the nature of undergroundgeological or hydrological conditions, niee whetherna by seismic investigation, direct observation or any other WELL. Any arUBdial excavation constructed by any method for the purpose of extracting water from ear injecting water into the under- ground, for providing cathodic pprotection or electrical grounding of equipment, for making tests or obeetvations 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, commercial wells, Industrial wells, agricultural wells, cathodic pro- tection wells, e)eetrlcal 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 accomplish the purposes of this Chapter. Wells shall not Include: (a) oil and gas wells, geothermal wells or other wells constructed under the jurlettctlon of the State Department of Conservation, except those wells converted to use as water wells; . (b) wells used for the purpose of elewatering excavationsduring con- struction, or stabilizing hillsides or earth embankments; or (c). other wells tt whoee regulation Its not necessaryto fuffii the purpose of this WELL SppTAas NDAR:II0 ADVISORY e BOARD. th The Weil Standards Advisory Sec. 67.4031 STATE REPORTI O. Health Officer Nothing contant ined this in Chister. Chapter snail be deemed to release any person from compliance with the provisions of Article 3 of Chapter. 10 of Division 7 of the Water Code of the State of California or any successor thereto. See. 67.404. PI eALTY. Any person who ye -totes the terms of this Chapter or any pernniit issued hereunder shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars (6500.00) or by Imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Such person Mall be deemed guilty of a separate offense for each and every day or portion thereof during winch any such violation Is committed, continued or permitted and shall be .subject to the same punishment as for the original offense. ARTICLE 2. WELL STANDARDS ADVISORY BOARD Sec. 67.410. ESTABLISHMENT OF' BOARD. There Is hereby created and established In the County of San Diego the Well Standards Advisory Board hereinafter referred to in this Chapter as "Advisory Board." Sec. 67.411. MEMBERS. The Advisory Board shall consist of seven whomnshailwo he of whom res'idents P the Cobe unty of Sanwell Diego,drilling id members ail shall appointed by the Health Officer and each member shall serve until he resigns or is removed by the Health Officer. Members of the Advisory Board shall serve without compensation. See. 67.412. MEETINGS. A chairman of the Advlsory Board shall be elected by the members thereof at the first meeting of the Advisory Board. Suck chairman shall serve for a term and shall have the duties established by rules and regulations to be adopted by the Advisory Board. The Advisory Board may prepare and adopt such Hues and regulations for the Internal government of Rs business as It may deem necessary or advisable. A staff member of the Department of Public Health designated by the Health Officer shall serve as secretaryto the Advisory Board. The Advisory Board shall meetfrom time to time at the request of the Health Officer. Three members shall constitute a quorum. The Advisory Board shall keep written minutes of its meetings, a copy of which shall be filed with the Health Officer- - Sec. 67.413. RESPONSIBILITIES. The Advisory Board is an advisory body with respect to the Implementation of this Chapter. It may make such recommendations to the Health Officer as It may deem reasonable and proper, necessary or advisable. ARTICLE 3. STANDARDS See. 07.t26. GENERAL. No person shall ennsintet. repair. reeonelruet or destroy any we'R auhleet to this Chapter which does not conform to tie standards established herein. Sec. 67.421. STANDARDS. FOR WATER WELLS. Standards for the construction, repair, reconstruction or destruction of water wells shall be as set forth In Chapter II of State Department of Water Resources Bulletin No. 74 (three copies of which have been filed with the Clerk of the Board of Supervisors of the County of San Diego and marked as Document No. 481211 with the following modifications: Part 11,. Secdlon 6(A) ADD: To footnote t/ "Shallow dug. or bored wells used for community water supply shall be located at least 250 feet from any sewage dis- pnsal far..lity." 2. Part II, Section 9 (A) SUBSTITUTE: "20 ft. 1/". for "none 3/" (this automatically deletes the 3/ footnote). 3, Part IL Section 9 (E) ADD: Following footnote following section title: •• Exception —where the air -rotary method Is used for individual domestic wells 9" In diameter or smaller, the thickness of seal may be reduced to 1". Part U. Section 10(13). DELETE: Entire section with exception of that portion ofthe first sentence which states: "Because of their susceptibility to contamination and pollution, the use of well pits should be avoided." 5. Part II. Section 15(A), Item 3 DELETE: Phrase: "Where the water Is to be used for domestic purposes." 6. Part II. Section 16 DELETE: From Section 16 title the words: "Large diameter" and SUBSTITUTE: the words "Bored or dug." 7. Part II. Section 16(A) DELETE: Word "Underground" from last sentence so sentence reads "When used for this purpose. these wells shalt be located at (east 250 feet from any sewage (Damsel facility," Sec. 67.422. STANDARDS FOR CATHODIC PROTE TION WELLS. Standards for the eonatruetion, repair, reconstruction or destruction of cathodic protection wells shall be as set, forth In Bulletin No. 74-1 of. the State Department of Water Resources (three copies of which are filed with the Clerk' nt the Board of Supervisors of the County of San Diego and marked as Document Nn. 49121111 with the fallowing modifications: 1. Mantes IL Part I. Section 1-A DELETE: Definition of Cathodic Protection Well:" as printed and ADD: "A. Cathodic Protection Well: A cathodic protection well means an artificial excavation In .excess of 20 feet constructed by any method for the purpose of Installing equipment or facilttl'es for the protection electrically of metallic eqn-nment In contact wtth the ground, commonly referred to es Cathodic Protection." • 2. Chanter II. Part H, Seethnn 9 DELETE: Word "Location" to Title and ADD: Word 'Kkmatraction" en Title reads: "WELL ('INSTRUCTION WITH Itlf1UCT TO POLLUTANTS" 3. (Mantpr IL Part fI, Section 10 DELETE: Subsection A-4 and the astes4sked footnote In their entirety. 4. Chornter 11. Part HI. Section 13B DELETE: Phrase "1f the easing is 9 inches or lamer In diameter" thereby leaving the phrase "The well 1s covered with an appropriate locked cap." ARTICLE 4. NUISANCES 1 • See. 67.430, TNVENTLOATION. The Health Officer may. [non reasonable ramie to believe that an aiantIned well or other well to rausine' a nil nee by polluting rtr rnntnminatlna around water. or constitutes a safety hazard. Investlehtte the enviethen to determine whether such a nuisence does in fact exist. He shall have the power. when In the performance of hta duty and limn first "wpsentimr hIs.erert-nttals and tdentlfvine himself as an emnioyee of the County Health Department to the person annarently In control . of the prerntssei If avalial le. to enter norm any such premises between the hours of A:I)ft a.m. and 6:00 n.m.. to discover or tnsnect any thing or con- dition which appears to Indicate stleh n nubrapce. ILe nay esantIne such premises, things or conditions, take such samples end make,surh testa as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists. Sec. 67.431. ORDIRR TO ABATE NUISANCE. Whenever the Health Officer determine that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard,. he may Issue a we:N.ten order requiring that the conditions productive of the nuisance be abated within a period of ten clays thereafter and shall forthwith serve the oiler upon the person occupying the premises, if any, and If no person occupies the premises, the order shall he pasted upon said prctnises In a eellSpleuous place. In addition, a copy shall he mailed to the owners of the premises as tho:r names and addressesappearupon the last equ.'lzed assessment roll. The Health Officer may tor 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 Board of Supervisors and to stay the order of abatement pending such appeal. Sec. 67.4:32. APPEAL EitOM OHOLII Ql" A1tAT1 \IEN'1'. Any person who hoe been given an order of abatement may, within ten clays following the receipt of the order 04 abatement, file an appeal in writing to the Board of Supervisors. Said appeal shall be arcomparded by a filing fee of twenty-five dollars ($25.00) and shall specify the grounds npnn which the appeal Is taken. The Clerk of the Board shall then proceed to set the matter for hearing, not later than 20 clays there:Mee .and sigh appeal shall try the effect of any order issued pursuant to N•Uc•tion 07.131 until the Board hears the appeal and issues Its order either to affirm. overrule or modify the action of the Health Officer. Notice of the hearing shall be mailed to the appealing party at. least five clays prior to the hearing. Sec. 67.433. AIUATFME'NT BY COUNTY. In the event that a nuisance Is not abated In accordance with an Order of Abatement., the Hcatth Officer may, upon securing the approval of the Board of Supervisors, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the Board. Sec. 67.434. PAYMENT OF COST BY OWNER. The Health Officer shall prepare and file with the Clerk of the Board of Supervisors a report specifying the work done, the Itemized and total Bost of the work, a de- scription of the rear 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 oftrust of record, and any other person known to have a legal interest in the property. A hearing shall be held on said report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal Interest inthe property at least ten days pool' to the date set for the hearing. The Board of Supervisors shall determine at the hearing the correct charge to be made for the work. Alt costs of abatement carried out under the terms of this section shall constitute a charge and special assessment against the parcel of land in- volved. If such costs are not paid within. 60 days, they shall then be declared a special assessment against that property as provided in Govern- ment Code Section 25945. The assessment shall be collected at the same time and In the same manner as ordinary crnmty taxes are collerted and shall be sublect to the same penalties and the same procedure and -ale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. In addition to its rights to impose said special assessment, the County shall retain the alternative right to recover its costs by way of civil action against the owner and person In possession or control jointly and severnily.