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HomeMy WebLinkAboutOrd 03-88 WellsORDINANCE NO. 3 -88 AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING ALAMEDA COUNTY CODE TITLE 3, CHAPTER 6, ARTICLE 14, BY REFERENCE The City Council. of the City of Dublin does ordain as follows: Section 1. The provisions of Article 14 of Chapter 6 of Title 3 of the Alameda County Code, relating to the construction, repair, reconstruction, destruction, or abandonment of wells are hereby adopted by reference as they now exist agd as may be amended provided that Zone 7 of the Alameda County Flood Control and Water Conservation District is designated as the administering agency. Section 2. A copy of Article 14 of Chapter 6 of Title 3 of the Alameda County Code shall be kept in the Office of the City Clerk and shall be available for public inspection. Section 3. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at ].east three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by 'the City Council of the City of Dublin on this 8th day of February, 1988. AYES: NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery ~ None ABSENT: None Mayorj~ ~ ,'~" City di~rk Construction ~ Destruction Article 14 Repair, Reconstruction, or Abandonment of Wells 3-160.0 3-160.1 3-160.2 3-160.3 3-160.4 3-160.5 3-160.6 3-160.7 3-160.8 ~u.rpose: Definitions: Jurisdiction: Prohibitions: Permit Procedure: Standards: Enforcement: Conflicts: Severability: Article 14 Construction, Repair, Reconstruction, Destruction or Abandonment of Wells 3-160.0 purpose: It is the purpose of this ordinance to provide for the construction, repair, reconstruction, and destruction of wells, including cathodic protection wells and exploratory holes, to the end that the groundwater found wholly or partially within the County of Alameda will not be polluted or contaminated and that water obtained from water wells will be suitable kor the beneficial uses intended and will not jeopardize the health, safety or welfare of the people of the County of Alameda, and for the destruction of abandoned wells or wells found to be public nuisances, including cathodic protection wells and exploratory holes, to the end that such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety or welfare of the people of the County of Alameda. . (Based on Sec. 1, Ord. 73-68) 3-160.1 Definitions: Definitions of terms for the construction, repair, reconstruction, destruction or abandonment of wells shall be as set forth in Chapter II and in Appendix I, of the Department of Water Resources Bulletin No. 74, 'Water Well Standards: State of California," as modified and with additions herein. (1) "County" shall mean the County of Alameda. (2) "Board" shall mean the Board of Supervisors of the County of Alameda. (3) "Advisory Board" shall mean a Well Standards Advisory Board, consisting of three (3) qualified persons, which may be appointed by the Board of Supervisors for two (2) year terms, ending 12:00 noon on the first Monday after January 1 of each odd numbered year. The matter of qualification lies Solely within the discretion of the Board of Supervisors. In the event a Well Standards ~Advisory Board is not created, the Board of Supervisors shall assume the duties of said Advisory Board. (4) "Director of Public Works" shall mean the Director of Public Works of the County of Alameda and the Alameda County Flood Control and Water Conservation District. (5) '~erson" shall mean any person, firm, corporation, municipality, district or public agency. (6) 'Well" shall mean any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include: (a) 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 (b) wells used for the purpose of (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankment s. (7) "Cathodic Protection Well" shall mean any artificial excavation 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 cathodic protection. (8) "Construction~ Reconstruction" shall mean to dig, drive, bore, drill, or deepen a well, or to reperforate, remove, replace or extend a well casing. (9) "Destruction" shall mean the proper filling, sealin~ or otherwise rendering unusable a well that is no longer useful or has become hazardous to public health or safety, so as to assure that the ground- water is protected and to eliminate a potential physical hazard. (10) "Repair" shall mean the deepening or enlargement of a well or t~e perforation or replacement of a casing or sealing2off of.aquifers, or other work to improve or maintain the integrity of the well and its water-producing capacity. .. '(11) "Exploratory Hole" shall mean any artificial excavation constructed by any method for the purpose of determining subsurface geological or hydrological conditions. (12) "PubliF Nui.san.ce" shall mean any well which threatens to impair the quality of groundwater or otherwise jeopardize the health or safety of the public. (Based on Sec. 1, Ord. 73-68) · 3-160.2 0urisdiction: This ordinance shall have effect in the unin- corporated area of the County of Alameda and in those incorporated areas which have by ordinance or resolution adopted the provisions of this ordinance by reference thereto and have designated the Alameda County Public Works Department, through the Alameda County Flood Control and Water Con- servation District, as the administering agency. (Based on Sec. 1, Ord. 73-68) 3-160.3 Prohibitions: No person, firm, corporation, or special district formed under the laws of this State shall, within the area subject to the provisions of this ordinance, construct, repair, reconstruct, destroy, alter, or abandon any well unless a written permit has been obtained therefor from the Director of Public Works of the County of Alameda as provided in this ordinance; provided, however, that any incorporated area may elect to adopt this ordinance by reference by resolution of the city council or city ordinance, which resolution or ordinance shall designate the Alameda County Department of Public Works as administering agency. (Based on Sec. 1, Ord. 73-68) / ,.. · 3-160.4 Permit Procedure: (1) Application: Written permits required by this Ordinance shall be issued by the Director of Public Works, subject to conditions set forth in this Ordinance, required by law nr established by the Director of Public Works. The Director of Public Works shall pre- scribe and provide a regular form of application for the use of any applicant for a permit required by this Ordinance. The application form shall contain space for the name and address, together with such detail as in the judgment of the Director of Public Works is necessary to establish the identit~ of the applicant and the location, description of work to be done and purpose of the proposed work, or other pertinent information. In addition, draw~.ngs and/or specifi- cations of the proposed work shall be submitted in an approved form for review by the Director of Public Works; the Director may also require submission of a statement as to the environmental impact of any proposed work to be performed under this ordinance, in accordance with the provisions of the California Environmental Quality Act of 1970. (2) Fees and Costs: The schedule of fees and costs will be those recom- mended by the Director of Public Works and established and adopted by the Board from time to time by resolution. Before a permit is issued, the applicant shall deposit with the County cash or a certified or cashier's check, in a sufficient sum to cover th~ Zee fo~ issuance of the permit, charges for field investigation, and the fee for necessary inspection or other work, all in accordance with sched61es" established and adopted by the Board. Public utilities or other governmental agencies may, at the option of the Director of Public Works, make payment for the above charges as billed by the County instead of by advance deposit as required above. If, upon completion of any work under a permit, there remains any excess of deposit or of fees or charges, the Director of Public Works shall certify the same to the Auditor for refund to the permittee or refund the same from any trust fund established under his jurisdiction for such purposes. (3) Waiver of Fees and Costs: Neither the County of Alameda, its depart- ments nor its contractors shall be required to make applications for permits'as provided for hereunder, providing an agreed procedure for the mutual clearance of plans and prosecution of the proposed work has been reached between the County department heads responsible for such work and the Director of Public Works. All other public agencies must apply for permits but no permit fee shall be charged to them, and investigation and inspection costs for such permits may be waived by the Director of Public Works unless in his opinion they would constitute an undue burden upon the County. All privately-owned public utilities. making permit applications may have the fees and costs therefor waived upon a finding by the Director of Public Works that the County will incur no costs or expense beyond that which would normally be incurred under the procedure indicated above for other public agencies. 3-160.4 (continued) (4) Term and Completion of Work: The permittee shall begin the work authorized by a permit issued pursuant to this Ordinance within ninety (90) days from the date of issuance unless a different period is stated in the permit. If the work is not begun within ninety (90) days or within the time stated in the permit, then the permit shall become void. The permittee shall notify County three (3) working days in advance of beginning his permitted work of the date of said begin- ning of work. A permit shall be valid for a term of one year from the date of issuance unless a different term is specified in the permit, unless sooner terminated by discontinuance of the work for which the permit was issued, or revocation by the Board upon a showing of good cause therefor. The permittee shall complete the work authorized by a permit issued pursuant to this Ordinance within the time specified in the permit. A time extension to complete the work under the permit may be granted if, in the judgment of the Director of Public Works, a time extension is warranted. (5) Guarantee of Performance: Prior to ~he issuance of a permit, the applicant shall post with the Director of Public Works a cash deposit or bond guaranteeing compliance with the terms of this Ordinance and the applicable permit, such bond to be in an amount deemed necessary by the Director of Public Works to remedy improper or uncompleted work, but not in excess of the total estimated cost of the work. Such deposit or bond may be waived by the Director of Public Works where other assurances of compliance are deemed adequate by him. (6) ~ompliance with Other Regulations: The issuance of any permit pursuant to this Ordinance shall not in any manner relieve the permittee from compliance with applicable Federal, State, County, Municipal, and local regulations regarding well work and public health requirements, and from the necessity of obtaining any permits or consents required thereof, nor impose upon the County any obligation with respect to said permits or consents. (7) Liability: Permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused;;by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his obligation under said permit° If any claim of such liability is made against the County, or Alameda County Flood Control and Water Conservation District, and its agents, officers, or employees, permittee shall defend, indemnify and hold them and each of them~, harmless from such claim. (8) Review and Appeal: Any person aggrieved in any manner under the procedures established under this ordinance may request in writing that the matter be reviewed by the Advisory Board or may appeal directly to the Board of Supervisors. If request for review is made, the Director of Public Works shall schedule the matter for review by said Advisory Board and give reasonable notice of the time and place, thereof to the applicant. Recommendations by said Advisory Board shall not be binding and may be appealed to the Board of Supervisors. ~Such appeals must be submitted.in writing and filed with the Board of Supervisors within 3-160.4 (continued) ten (10) days after said Advisory Board recommendations have been sent to or served upon the applicant. The Board of Supervisors shall hold a hearing of said appeal and shall give reasonable notice of the time and place thereof to the applicant. The decision of the Board of Supervisors shall be binding upon all parties. In the event the Advisory Board is not created under this Ordinance, requests for review of grievances shall be submitted in writing and filed directly with the Board of Supervisors. The Board of Supervisors shall hold a hearing of review of such grievances and shall give reasonable notice of the time and place thereof to the applicant. The decision of the Board of Supervisors sl~all be binding upon all parties. (Based on Sec. 1, Ord. 73-68) 3-160.5 Standards: Standards for the construction, repair, reconstruction, destruction or' abandonment of wells shall be as set forth in Chapter II of the Department of Water Resources .Bulletin No. 74, '~4ater Well Standards: State of California" and Appendixes E, F and G a part thereof, together with the supplemental standards of Department of Water Resources Bulletine No. 74-2, "Water Well Standards: Alameda County; and Department of Water Resources Bulletin No. 74-1, "Cathodic Protection Wells Standards: State of California", with the following modifications: (1) No well intended to produce fresh groundwater shall be perforated opposite aquifers producing saline water. It is recognized that in some instances production may be desired from areas and/or depths which contain poor or marginal quality water in all aquifers penetrated. It is not the intent of these standards to preclude' such situations so long as the integrity of the fresh water supplies is maintained. Final jUdgment on well construction that would cause intermingling of waters of different qualities shall be at the discretion of the County. (2) In wells open to fresh water aquifers, penetrated aquifers producing saline water shall be sealed-off as specified in Section 13, Chapter II, Bulletin No. 74, and in Chapter IV, Bulletin 74-2. (3) Perched saline water shall be excluded from wells by a deep annut~r seal as specified in Section 9, Chapter II, Bulletin No. 74, and in Chapter IV, Bulletin 74-2. (4) As a guideline, saline water is considered as water which contains more than 250 ppm chloride ion. During well construction, the permittee shall provide some provision for the determination of ground- water quality characteristics of the major aquifers penetrated so that a judgment can be made as to whether or not intermingling will take place. Such determination can consist of evaluation of data:regarding adjacent wells, evaluation of samples of formation materials encountered. Final judgment as to the probability of intermingling and the need for evaluation of conditions shall be at the discretion of the County. (5) Backfilling work on exploratory holes, as defined herein, shall be subject to requirements equivalent to those in the destruction of abandoned wells. 3-160.5 (continued) (6) Ail water wells shall be maintained in such a manner that water quality samples can be readily collected. The.County shall be empowered to collect water quality samples and to perform .tests on any well at any reasonable time. (7) Ail work in the construction, repair, reconstruction, and destruction of wells shall be performed by contractors licensed in accordance · with the provisions of the Contractors License Law (Chapter 9, Division 3, of the Business and Professions Code) unless exempted by that act. .- (8) In no case will an outer casing or conductor casing be an acceptable substitute for a seal. (Based on Sec. 1, Ord. 73-68) 3-160.6 Enforcement: (1) Notice: In the event a well subject to this Ordinance is found to be a public nuisance or constructed, repaired, reconstructed or destroyed contrary to the terms of this Ordinance or a permit issued for such well pursuant to this Ordinance, the Director of Public Works may send written notice to the owner of the land as shown on the most recent equalized assessment roll or the permittee, at his address listed on the permit, which notice shall state the manner in which the well is in violation~ what corrective measures must be taken, the time within which such correction must be made, and that if the land owner or permittee fails to make corrections within the period provided, the corrections may be made by the County and land owner or permittee shall be liable for the costs thereof. (2) Abatement by County: If the corrections listed in the notice given pursuant to (1) above are not made as required in said notice, the Director of Public Works with the approval of the Board of Supervisors, and after a reasonable opportunity for the person notified to be heard by said Board, may abate the condition and the cost thereof shall;be a charge against the person notified. (3) ~merRe~y Abatement: If the Director of Public Works finds that the condition or operation of a well subject to this Ordinance is, by its operation or maintenance, causing significant irreparable damage to the groundwater and that it is-impracticable to notify the owner or permittee, he may abate the condition without giving notice as required in (1) above, and the cost thereof shall be a charge.against the owner of the land as shown on the last equalized assessment roll. .. (4) p~nalty: Any person who does any work for which a permit is required by this Ordinance and who fails to obtain a permit shall be guilty of a misdemeanor punishable by fine not exceeding FIVE HUNDRED DOLLARS ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted, and shall be subject to the same punishment as for the original offense. (Based on Sec. 1, Ord. 73-68) 3-160.7 .confli. cts: All ordinances of the County in conflict herewith are hereby repealed to the extent of such conflict. . . · (Based on Sec. 1, Ord. ~3-68) ..: ':.~.:;~ ic ~,':~'~"~. , , 3-160.8 Severabiltty: If ~y section, sub-section,' ~ara~aph, sub-para,apb, sentence, clause or phrase of this Ordtn~ce ~s for ~y reason held ~o be ~nvalid or unconsti~ution~l, such invalidi~y or .uncons=itu~ionali~y shall not affect the validity or constitutionality 'of the rem~n~ng portions of =his Ordtn~ce; and the Board declares ~ha~ ~h~s ~d~n~ce '~d each section, sub- section, paragraph, sub-paragraph]-sentence, clause, ~d phrase thereof ~uld have been adopted irrespective of ~he fac= tha~ one or more of such section sub-section, paragraph, sub-paragraph, sentence, clause or phrase be decl~ed invalid or unconstitutional. . -. " :::.7~ ,:':~ (Based on Sec. 1, Ord. 73-68) '.