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HomeMy WebLinkAbout6.5 AdptALCO Ord Re: Wells04 F1 I n rt d rt rt rt ri w rt n a w y H I O pV G G G' G' D G a' 0 D I i- i m a m He D F- h a m G m rt I G f m D rt rt He I n 0 He fmh D H D y w I- t O n z I r• ri m He n G D G 0 G N o I F a U1 ri I- 3 0 Ft G H h H He n H N D H I N• rt m m G 0 n 0 P' G rt I 8 G w a rt D G I' i D He i- i w F'• w 0 D I m w Fii rt n m n rt 0 rt Ft, P I m G Fti w H G 1C He E F'• m G d I rt n G D 0 G d G y a I-] rt o G I He D ri a w 0 OQ D w OQ F-` F'• Izv Fh n I G m a m ri G ri w 0 0 rt D d I OQ w n d He i- i a w rt w 0 I- i ri F- A n 0 I G O O G G He M rt Imo• OQ D D n tza m 1 o a m OQ El G m n D a d w O w D I G 0 rt m w G m G G w 0 a" d G d 1 rt m D 0 G G n N n N w m G rt 0 a rh rt m w a m V H o a. rt kc I o' rt m rt CO) rt rn G rt 0 w rt I ri 0 0' rt b 0 G m G He n ow) I G rt rt He a kC 0 I- t rt a• p G o He I w G' p" m m m He I- t C m m a 0 n I I- t m w I- t 0 rt rt G m I- h I rt 0 I- i m n n He w rt rt 0 d I- t m I- h He 0 0 He I--' G 0 y I- t I W G rt a o m rt ri G m o a 0 N• a I rt ur F'• G ri C d 0 Fh rt rt N• 0 m a w w 0 o m n D w 1 n n G m n rt w a n rt m G 1 r• n m m rt rt rt He 0 m N n w n I o' rt m o m G G N 0 m I D C rt rt ri a m w rt G m G O 1 w w w G• G rt d m 1- h FJ• I ri n G w rt m n 0 rt m art C W D H w G I ri G D Cn o rt n w D m 0 I p DD N( D rt rt n I O" F'• w d rt n n a 0 i p He He 0 I m 1- j rt G 0 m w G 0 m o Iwd I C w m F'• G w n I-- H I m L^ G H G rt n rt m F5 0 LTJ I n w 0 He m p" 0 I G m hi n I pa He rt n n G m G d a n Pe d I m C He m a G I- i m w 0 H I a m n G" n n rt F o rt d I• t O I G m m 0 0 C o n G" w n w I F rt m w I- t rr G G m w He o rt I m G' I• i a r G n F-' a rt I• i G m 9y I am 0 He w rt 0 aG G F-' n I Ffi G He rt kC a rt OQ rt rt w n7 I hh ri OQ rt m Q' m I- t I- t C v Eg n 1 0 m rt rt$ m O m m m p' I rt w cr w O" He E w G n CO) a I a m m m m N w rt G G 0 0 d PI n I rt Imo• F In a a G a ri ttj 1 G w n m m m o n I m OQ m m He n G m w rt C O N I w 1- a n rt 0 0 I w rt rt rt He O I G W t- i a He C G rt a w m G d m 0 I m G F'• rt rt 5 0 ri n m He d m I x a G I- h C He He w He a rt ri 0 G I rt OQ 0 G G a G w He G cY l I He 1- A o n t o He ri He 0 Un n FM" I n G o' H rt o m d m a F- G m Ho I He rt m 0 a I" i rt rt m l n 0 n I rt rt Ho O rt m m rt Fh I O He G 0 0 a ti I- h d He E I a G w ri He 0 0 0 Oi OrQ ri rt G I n n rwt DD OGQ W 1 m m m c cn z n' x o w m tV H z cn H H H z n t • • x z mew00H Ho z W N N I—' O w n ' d 0 v v O a r m W Np ( D ' O O W ca rt y n He 0 m n m ' d w ' i ri He m m rt N• ` rt o 0 N m r• C ' d o G rt m w P G w m a• rn o (( DD o w H He a U) rtH ta rt0 GQ 0 C w rwh n B W 0 .. 0° rrt' h ' ( D a n ~'' d ' d o p w w n w m ( D w• (( DD P, st N. Pi Co 0 O IMm % e ti He 0 OGQ rt p • CN rt rt n m m a a rt ' d (( D 0 rt n aQw H rmtn 0 m Ul Nww He rt G mro 0 N• n G N n He ri a' a m rt F G P; rmi ' d W O OQ w rt 0' tz D m n N ( DD ' (( DD n CO m a rt N rt H, w mn m P n N rnt p G F'• n G 0 0 m rt n rt n 0 n m m rt IQ C7 w rt m O H H LTJ b7 r H ORDINANCE NO. -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 and 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 least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. of PASSED AND ADOPTED by the City Council of the City of Dublin on this , 1988. th day AYES: NOES: ABSENT: Mayor ATTEST: City Clerk · ~ .--.... ( -., .\' ('" t 9 9 9 9 § 9 9 9 § 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 Article 14 Construction, Repair, Reconstruction, Destruction or Abandonment of Wells Purpose: Definitions: Jurisdiction: Prohibitions: Permit Procedure: Standards: Enforcement: Conflicts: Severability: ß \> ./1 ( Article 14 Construction, Repair, Reconstruction, Destruction or Abandonment of Wells <\) 9 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 for 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 thnt 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. (.........' oJ (.\ , ¡ '. ~- -~/ (Based on Sec. 1, Ord. 73-68) § 3-160.1 Definitions: Definitions of ter8S 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, I~ater Well Standards: State of California," as modified and with additions herein. [, (1) "Countv" shall mean the County of Alamêåa. ì -' , . (2) "Board" shall mean the Board of Supervisors of the County of Alameda. ~. (3) "Advisorv Board" shall mean a t.]ell 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 I 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) ''Person'' 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 ~ells constructed under the jurisdiction of the Department of Conservation, except those wells converted to... use as water wells; or (b) wells used for the ptÍrpose of (1) dewatering,- _/' excavation during constr~ction, or (2) stabilizing hillsides or earth embankments. . I i ) ,.-"/ (0 \ \ \~ 9 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 the 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 deem~d 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) Comnliance 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) Liabilitv: 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 Supervi~ors within . r § 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 shall be binding upon all parties. , (Based on Sec. 1, Ord. 73-68) 9 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, "Water Well Standards: State of California" and Appendixes E, F and G a part thereof, together with the supplemental standards of Department of Water Resources Bu11etine 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 produccion may be desired from areas and/or depths which contain poor or margina~ 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 annular 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 sa~ples 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 e~~loÏ.atory holes, as defined herein, shall be subject to requirements equivalent to those in ~he destruction of abandoned wells. . " ~. ~ \.2,.~:, ~ . ," J ........ ~.. ... , ~: ,.. .:. ..".. - .- . t,: 9 i ~ It " _-'. ,.... ,..~J.r ~ f, \ ¡J'~.~~~ ~_:i·~~~, . § 3-160.7 Conflicts: All ordinances of the County in conflict herewith are hereby repealed to the extent of such conflict.', J.;J_,L _ - I .. - -. _::'. :-.:"': r;q.:.: t:-~;...:'ì.'~~ 'Í'~ ,tf; . '(Based on Sec. 1,' Ord. 73-68) : _ '-:.: ~:::? :ö fir;-r.:;d ;": . :: ;.: :-:~ -[',: .:~;i~- ·~:·i·. r,:':; ~'r;;; 3-160.8 Severability: - .If any section,sub-section, paragra"ph, sub-paragraph, . s-entence, clause or phrase of this Ordinance is for aný reason held to be invalid or unconstitutional, such invalidity or' unconstitutionality shall not affect the validity or constitutiona1ity~£ the remaining portions of this Ordinance; and the Board declares, that this Ordinance 'and each section, sub- section, paragraph~ sub-paragraph, sentence, clause; and phrase thereof ~uld have been adopted irrespective of the fact that one or more of such sectIon sub-section, paragraph, sub-paragrap~, sentence~ clause or phrase be declared invalid or unconstitutional. :':;:: c:::-'- (Based on Sec. 1, Ord. 73-68) · ~ - ,-. .. ..._--- . - · -þ . ", --- · -. . .. - . . . ' r- -.. - . -- -- - , .....- .... "- -~ - - -- _ -'- ~ . ~- .