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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 designate~ 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.
PASSED AND ADOPTED by the City Council of the City of Dublin on this 8th day of
February, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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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:
St andards :
Enforcement:
Conflicts:
Severability:
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Article 14
Construction, Repair, Reconstruction,
Destruction or Abandonment of Wells
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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 co~taminated 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 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. l, Ord. 73-68)
§ 3-l60.l Definitions: Definitions of ter3S 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, '~ater Well Standards: State of
California," as modified and with additions herein.
(l) "Countv" shall mean the County of Ala::1ecia.
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(2) "Board" shall mean the Board of Supervisors of the County of
Ala:neda.
(3) "Advisorv Board" shall mean a \.]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 }!onday 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 t'¡orks" 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, fir::1, corporation, municipality,
district or public agency.-
(6) ''Well'' shall mean any artificial excavation constructed by any
method for the purpose of extracting ~ater 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 wat er wells; or (b) wells used for the ptÍrpose of (1) dewatering,-_.'
excavation during constr~ction, or (2) stabilizing hillsides or earth
embankments.
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(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.
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(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, sealing, 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 po~ential physical hazard.
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(10) "Repairl1 shall mean the deepening or enlargement o.f a well or the
perforation or replacement of a casing or sealing-off of aquifers,
or other work to improve or maintain the integrity of the well and
its water-producing capacity.
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(11) "Exploratory Holel1 shall mean any artificial excavation constructed
by any method for the purpose of determining subsurface geological or
hydrological conditions.
(12) I1public Nuisance" shall mean any well which threatens to impair the
quality of groundwater or otherwise jeopardize the health or safety
of the pub lic.
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(Based on Sec. 1, Ord. 73-68)
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9 3-160.2 Jurisdiction: 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. I, 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 councilor city
ordinance, which resolution or ordinance shall designate the Alameda County
Department of Public Works as administering agency.
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(Based on Sec. 1, Ord. 73-68)
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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 or established by the
Director of Public Works. The Director of Public Works shall pre-
scribe and provide a regular for.m of application for the use of any
applicant for a permit required by this Ordinance. The application
form shall contain space for thp. name and address, together with
such detail as in the judgment of the Director of Public Works is
necessary to establish the identity of the applicant and the location,
description of work to be done ,and purpose of the proposed work, or
other pertinent information. In addition, drawings and/or specifi-
cations of the proposed work shall be submitted in an approved forD
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 accordarrce
with the provisions of the California Environmental Quality Act of
1970.
(2) Fees and Costs: The schedule of fees and costs will be those reCOD-
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 ~ith the County cash or a certified
or cashier's check, in a sufficient sum to cover th~ fee for issuance
of the permit, charges for field investigation, and the fee for
necessary inspection or other work, all in accordance with schedules
established and adopted by the Board. Public utilities or other
governmental agencies may, at the option of the Director of Public
Works, make pa)~ent 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 per~it, there remains any excess of deposit or of
fees or charges, the Director of Public Works shall certify the sa=e
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 beerr 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 h~ve 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.
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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 deemed necessary
by the Director of Public Works to remedy improper or uncompleted
~ork, 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) Compliance with Other Regulations: The issuance of any pe~it 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 perforw his obligation under
said permito 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 Apoeal: 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 tilGe and plac~ 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 ~ithin
9 3-160.4 (continued)
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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
revie~ of grievances shall be submitted in writing and filed directly
with the Board of Supervisors. The Board of Supervisors shall hold a
hearing of revie~ 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.
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(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, ''Water Well Standards:
State of California" and Appendixes E, F and G a part thereof, together ...,ith
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:
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(1) No well intended to produce fresh groundwater shall be perforated
opposite aquifers producing saline water. It is recognized that in
some instances producrion may be desired from areas and/or depths
which contain poor or margin~l 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 fr~sh water supplies is maintained. Fi~al
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. Durin£ well construction, the
permittee shall provide some provision for the detercination of ground-
water quality characteristics of the majar 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.
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(5) Backfilling work on e~~lor.¿tory holes, as defined herein, shall be
subject to requirements equivalent to those in ~he destruction of
abandoned wells.
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9 3-l60.5 (continued)
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(6) All 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) All 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. l, Ord. 73-68)
§ 3-160.6 Enforcement:
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(I) 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 cade, 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) Emergencv 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 ow~er or
permittee, he may abate the condition without giving notice as required
in (1) above, and the cost thereof shall be a charge agåinst the owner
of the land as shown on the last equalized assessment roll.
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(4) Penalty: 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 FI\~ 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)
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3-160.7 Conflicts: All ordinances of the County in conflict herewith
are hereby repe~led to the extent of such conflict. .,,' _.J. .
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3-160.8 Severability:' If any section, sub-section> paragraph, sub-paragraph,
sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such invalidity or~unconstitutionality shall not
affect the validity or constitutionalitY'of 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 would
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. - ~'. ~
(Based on Sec. 1, Ord. 73-68)
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