Ordinance - 1836C7
ORDINANCE NO. 1836
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA,
CALIFORNIA, ADDING ARTICLE VI
(SECTIONS 23-305 THROUGH 23-316)
TO CHAPTER 23 OF THE WEST COVINA
MUNICIPAL CODE, ADOPTING A WATER
WELL, CATHODIC PROTECTION WELL,
AND MONITORING WELL DRILLING AND
ABANDONMENT ORDINANCE AND ADOPTING
BY REFERENCE STANDARDS THEREFOR.
The City Council of the City of West Covina finds
as follows:
(A) Section 13801 (c) of the California Water Code
requires the City to adopt a water well, cathodic protection
well, and monitoring well drilling and abandonment ordinance;
(B) The State Water Resources Control Board has
provided a Model Well Ordinance which complies with Section 13801
of the California Water Code, which adopts the Water Well
Standards, State of California contained in California Department
of Water Resources Bulletin 74-81 and Supplement Bulletin 74-90;
(C) This ordinance is for the protection of the
health, safety and -welfare of the people by ensuring that the
ground waters will not be polluted or contaminated.
The City Council of the City of West Covina does
ordain as follows:
Section 1. Chapter 23, Article VI, Sections
23-305 are hereby added to the West Covina Municipal Code to read
as follows set out on Exhibit 1, attached and incorporated. .
Section 2. This ordinance shall be effective
thirty (30) days from the date of its adoption.
Section 3. The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be
published as required by law.
PASSED, APPROVED AND ADOPTED THIS 32jh_ day
of February , 1990.
ATTEST:
C ' ty 4 ieric. v
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, Janet Berry , City Clerk of
the City of West Covina, do hereby certify that the foregoing
Ordinance No. 1836 was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the ?ind
day of January , 1990. That hereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council
on the 12th day of Fehruary , 1990, by the following vote, to
wit:
AYES: COUNCILMEMBERS:Tarozzi, McFadden, Manners, Lewis, Bacon
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
APPROVED AS TO FORM:
ity Attorney
' City Clete
23-305 PURPOSE AND DEFINITIONS:
A. INTENT OF ORDINANCE: It is the purpose of this
ordinance to protect the health, safety, and general
welfare of the people of the State of California by
ensuring that the ground waters of this state will not
be polluted or contaminated. To this end, minimum
• requirements are contained in this ordinance for
construction, reconstruction, repair, and destruction
of water wells, cathodic protection wells, and
monitoring wells.
B. DEFINITIONS AND INTERPRETATION:
AS DEFINED IN OTHER DOCUMENTS: Except as
otherwise required by the context of this
ordinance, the terms used in this ordinance
shall have the same meaning as in Chapter 10
of Division 7 of the California Water Code
and regulations adopted thereto and the
Department of Water Resources Bulletin 74-81
and subsequent supplements or revisions.
(1) "City Engineer" shall include his or
her designee.
(2) "PERSON" shall mean any person, firm,
corporation or governmental agency, to the
extent authorized by law.
(3) "WELL OR WATER WELL" The California
Water Code, Section 13710, defines well or
water well to mean "...any artificial
excavation constructed by any method for the
purpose of extracting water from, or
injecting water into, the underground." The
State Water Resources Control Board does not
intend that potholes, drainage trenches or
canals, waste water ponds, shallow root zone
piezometers, stock ponds, or similar
excavations be included within the definition
of wells.
(4) TENSE OR GENDER: Words used in the
present tense include the future as well as
the present. Words used in the masculine
gender include the feminine and neuter. The
singular number includes the plural, and the
plural the singular.
EXHIBIT 1
I . .
•
(5) SECTION HEADINGS, when contained in
this ordinance, shall not be deemed to
govern, limit, modify, or in any manner
affect the scope, meaning, or intent of the
provisions of any section.
23-306 WELL PERMITS
A. PERMIT APPLICATIONS:
1) WHEN REQUIRED: No person shall dig,
bore, drill, deepen, modify, repair, or
destroy a water well, cathodic
protection well, observation well,
monitoring well or any other excavation
that may intersect ground water without
first applying for and receiving a
permit as provided in this Article VI
unless exempted by law.
2) EMERGENCY WORK: The above provisions
shall not apply to emergency work
required to maintain drinking water or
agricultural supply systems. In such
cases, the person responsible for the
emergency work shall:
a. TIME LIMIT: Apply for a permit
within three working days after
commencement of emergency work.
b. URGENCY: Satisfy the City
Engineer that such work was
urgently necessary.
c. CONFORMANCE WITH STANDARDS:
Demonstrate that all work performed
was in conformance with the
technical standards as designated
in Section 23-307.
B. APPLICATION PROCEDURE: Applications for permits
shall be made to the City Engineer on forms
approved by the City Engineer and shall contain
all such information the City Engineer requires to
accomplish the purposes of this ordinance. The
application shall be accompanied by the required
filing fee. If the City Engineer finds the
application contains all necessary information, he
shall issue to the applicant a comprehensive
permit containing such conditions as are necessary
to fulfill the purposes of this ordinance.
C. FILING FEES: Filing and permit fees may be set
by the City Council from time to time by
resolution.
D. PERMIT CONDITIONS:
1) LIMITATIONS: When the City Engineer
issues a permit pursuant to this
ordinance, he may condition the permit
in any manner necessary to carry out the
purposes of this ordinance. Conditions
may include, but are not limited to,
such quantity and quality testing
• methods as the enforcement agency finds
necessary.
2) PERFORMANCE BOND: The City Engineer
may require a performance bond as a
condition to the permit.
3) PERSONS PERMITTED TO WORK ON WELLS:
All construction, reconstruction, or
destruction work on wells shall be
performed by a person who possesses an
active C-57 contractor's license in
accordance with the provisions of the
California Business and Professions
Code, Section 7000, et. seq. and Water
Code Section 13750.5.
4) PROPER DISPOSAL OF DRILLING FLUIDS:
The permit shall contain a clause
requiring the safe and appropriate
handling and disposal of drilling fluids
and other drilling materials used in
connection with the permitted work.
5) ABANDONED WELLS: As a condition of a
construction or reconstruction permit,
any abandoned wells on the property
shall be destroyed in accordance with
standards provided in this ordinance.
6) EXPIRATION DATE: The permit shall
state its expiration date.
7) POSTING OF PERMIT: It shall be the
responsibility of the permittee to
maintain a copy of this permit on the
drilling site during all stages of
construction or destruction.
E. WELL PERMIT - DENIAL: The City Engineer shall
deny an application for a permit if, in his
judgment, issuance of a permit is not in the
public interest or does not meet the requirements
hereof. The decision of the City Engineer may be
appealed as set out in Section 23-312.
F. WELL PERMIT - EXPIRATION: The permittee shall
complete the work authorized by the permit within
the time before the date set out in the permit.
If there have been exceptional circumstances, -the
City Engineer may grant the applicant an
extension, and may place additional conditions on
such extension. Upon the expiration of the
permit, no further work shall be done unless and
until the.applicant has received an extension or a
new permit.
• G. WELL PERMIT - SUSPENSION AND REVOCATION:
1) CIRCUMSTANCES FOR SUCH ACTION: The
City Engineer may suspend or revoke any
permit issued pursuant to this Article,
whenever it finds that the permittee has
violated any of the provisions of
hereof, or has misrepresented any
material fact in his application, or any
supporting documents, for such permit,
or that continuation of the permit would
cause health and safety problems. Prior
to ordering any such suspension or
revocation, the City Engineer shall give
the permittee an opportunity for a
hearing thereon, after reasonable
written notice to the permittee and time
to prepare a response of the reasons for
such suspension or revocation. The
hearing shall be before the City
Engineer or his designated
representative. An appeal may be made
as set forth below in Section 23-312.
2) CONSEQUENCES: No person whose permit
has been suspended or revoked shall
continue to perform the work for which
the permit was granted until, in the
case of suspension, such permit has been
reinstated by the City Engineer.
3) ORDERED ADDITIONAL WORK: Upon
suspending or revoking any permit, the
City Engineer may order the permittee to
perform any work reasonably necessary to
protect the underground waters from
pollution or contamination, if any work
already done by the permittee has left a
well in such condition as to constitute
a hazard to the quality of the
underground waters. No permittee or
person who has held any permit issued
pursuant to this Article shall fail to
comply with any such order.
23-307 WELL STANDARDS: Except otherwise specified, the
standards for the construction, repair, reconstruction,
or destruction of wells shall be as set forth in:
The California Department of Water Resources Bulletin
74-81 "Water Well Standards, State of California" and
Bulletin 74-90 "California Well Standards" as adopted
by reference. A copy of Bulletin 74-81 and 74-90 shall
be on file in the City Clerk's Office and City
Engineer's Office at all times.
23-308 VARIANCES: The CityEngineer shall have the power
9
under the following specified conditions to grant a
variance from any provision of the standards referenced
above and to prescribe alternative requirements in
their place.
A. SPECIAL CIRCUMSTANCES: There must be, in a
specific case, a special circumstance where
practical difficulties or unnecessary hardship
would result from the strict interpretation and
enforcement of any standard. The variance may not
affect water quality in any way and may be
conditioned on other measures to mitigate any
potential problems. The denial of a request for
variance may be appealed.
B. INTENT OF ORDINANCE NOT COMPROMISED: The
granting of such a variance is consistent with the
purposes of this ordinance.
23-309 SPECIAL GROUND WATER PROTECTION: The City Engineer
may designate areas where ground water quality problems
are known to exist and where a well will penetrate more
than one aquifer. The City Engineer may require in
these designated areas special well seal(s) to prevent
mixing of water from several aquifers. Where an
applicant proposes well construction, reconstruction,
or destruction work in such an area, the City Engineer
may require the applicant to provide a report prepared
by a Registered Geologist or Registered Civil Engineer
(California Business and Professions Code Sections 7850
and 6762 respectively) that identifies all strata
containing poor quality water and recommends the
location and specifications of the seal or seals needed
to prevent the entrance of poor -quality water or its
migration into other aquifers.
23-310 INSPECTIONS: The City Engineer shall make an
inspection of the annular seal construction work. It
may make an initial inspection of each proposed
drilling site, an inspection at the completion of the
work, and inspections at such other times as it deems
necessary.
A. INITIAL INSPECTION: Upon receipt of an
application, the City Engineer may make an
inspection of the drilling site prior to the
issuance of a well permit. The purpose of this
inspection is to determine whether there are any
site conditions such that the enforcement agency
shall do the following:
1) RELOCATION OF DRILLING SITE: Require
• relocation of the drilling site should
the location shown on the permit
application be too close to potential
sources of pollution.
2) ADDITIONAL CONDITIONS: Set additional
conditions if needed to remediate any
previously unknown ground water quality
protection problems.
B. INSPECTION OF WELL SEAL: The City Engineer
shall inspect the annular space grout depth prior
to the sealing.
1) REQUIRED NOTICE: The City Engineer
shall be notified by the well driller in
writing a minimum of twenty-four hours
prior to sealing the annular space.
Drillers who anticipate completing a
well in less than one day shall notify
the City Engineer in writing twenty-
four hours prior to commencement of
drilling and provide the anticipated
time to commence the sealing of the
annular space.
2) SHOULD CITY ENGINEER FAIL TO BE
PRESENT: If the City Engineer wishes.
to allow a seal to be tremied or placed
without inspection, the driller shall
seal the well in accordance with the
standards of this ordinance and any
���r
nditions. No seal shall be
tremie placed until written
permission to proceed is given.
C. FINAL INSPECTION: If requested by the City
Engineer in the permit, the driller shall notify
the City Engineer in writing within seven days of
the completion of their work at each drilling
site.
The City Engineer may make a final inspection
after completion of the work to determine whether
the well was completed in accordance with this
ordinance.
D. WAIVER OF INSPECTIONS: The City Engineer may
waive inspections should any of the following
conditions exist:
1) WELL INSPECTED BY OTHER AGENCIES:
Inspections may be waived where the work
will be inspected by the staff of the
California Regional Water Quality
Control Board or the California
• Department of Health Services if these
designated agencies will inspect and
report to the City Engineer on all
drilling features required by the
Standards.
2) MONITORING WELLS UNDER SPECIFIED
CONDITIONS: Inspections may be waived
for monitoring wells that will penetrate
only aquifers containing degraded waters
or will penetrate only formations that
normally contain no water.
3) DRILLING SITES KNOWN TO HAVE NO THREATS
TO GROUND WATER QUALITY: Initial
inspections may be waived when the
drilling site is well known to the
enforcement agency staff and it is known
that no significant threats to ground
water quality exist in the area.
23-311 COMPLETION REPORTS: The driller shall provide the
City Engineer a written completion report within 30
days.of the completion of any well construction,
reconstruction, or destruction job.
A. SUBMITTAL OF STATE "REPORT OF COMPLETION": A
copy of.the "Report of Completion" (Water Well
Driller'S Report, Department of Water Resources
Form 188) required by California Water Code
Section 13751 shall be submitted by the permittee
to the enforcement agency within thirty days of
construction, alteration, or destruction of any
well. This report shall document that the work
was completed in accordance with the standards and
all additional permit conditions.
This section shall not be deemed to release any
person from the requirement to file said report
.with the State Department of Water Resources.
B. CONFIDENTIALITY OF REPORT: In accordance with
California Water Code Section 13752, reports shall
not be made available for inspection by the public
but shall be made available for inspection by
governmental agencies for use in making studies.
Reports shall be made available to any person who
obtains written authorization from the owner of
the well.
C. OTHER AGENCY'S REQUIREMENTS: Nothing in this
ordinance shall be deemed to excuse any person
from compliance with the provisions of California
Water Code Sections 13750 through 13755.relating
to notices and reports of completion or any other
Federal, State, or Local reporting regulations.
23-312 APPEALS:
• A. RIGHT OF HEARING: Any person whose application
for a permit has been denied, or granted
conditionally, or whose permit has been suspended
or revoked, or whose variance request has been
denied, may appeal to the City Council, in
writing, within ten days after receipt of notice
any such denial, conditional granting, suspension,
or revocation. Such appeal shall specify the
grounds upon which it is taken, and shall be
accompanied by any filing fee therefor. The City
Clerk shall set such appeal for public hearing at
the earliest practicable time, -and shall notify
the appellant and the City Engineer; in writing,
of the time so set at least five days prior to the
hearing. The evidence before the City Council may
include any relevant evidence to effectuate and
implement this Article. The appellant shall have
the right to be heard and to present evidence at
such hearing.
B. ACTION BY THE CITY COUNCIL: After such hearing,
the City Council may reverse, or affirm, wholly or
partly, or may modify or condition the order or
determination appealed from. The action of the
City Council shall be final.
23-313 RIGHT OF ENTRY AND INSPECTION: Representatives of
the City Engineer shall have the right to enter upon
any premises at all reasonable times to make
inspections and tests for the purpose of such
enforcement and administration. If any such premises
are occupied, he/she shall first present proper
credentials and demand entry. If the same is
unoccupied, he shall first attempt to locate the owner
or other person having charge or control of same and
demand entry. If such entry is refused, or if he
cannot locate such person he may enter or have recourse
to such remedies as are provided by law to secure
entry.
23-314 ABATEMENT OF ABANDONED WELLS: All persons owning an
abandoned well as defined in the well standards shall
destroy it before December 31, 1991 except those
excluded by California Health and Safety Code Section
24440.
23-315 CRIMINAL CIVIL ENFORCEMENT:
A. VIOLATION A MISDEMEANOR: Any person who
violates any of the provisions of this ordinance
is guilty of a misdemeanor'.
B. CIVIL ENFORCEMENT - NOTICE OF VIOLATION:
1) NOTICE OF VIOLATION RECORDATION:
• Whenever the City Engineer determines
that a well (a) has not been completed
in accordance with a well permit or the
plans and specification relating
thereto, (b) has been.constructed
without the required permit,.or (c) an
abandoned well has not been destroyed in
accordance with the standards, the City
Engineer may prepare a notice of
violation with the office of the county
recorder. The owner(s) of the property,
as shown by the last equalized
assessment roll, on which the violation
is situated and any other person
responsible for the violation shall be
notified of the preparation of such
notice, if their address is available,
and provided a copy thereof.
If the property owner(s) or authorized
agent disagree with the determination,
he may submit evidence to the City
Engineer indicating that there is no
violation and then shall have a right to
appeal an adverse decision of the City
Engineer to the City Council in
accordance with the provisions of the
Section 23-312.
2) REMOVAL OF VIOLATION NOTICE: The City
Engineer may record a notice of
violation with the county recorder when
no appeal has been filed or the City
Council has upheld the notice. The City
Engineer shall record a.removal of such
notice when all required and corrective
work has been completed and approved by
the City Engineer.
C. CIVIL ENFORCEMENT - NUISANCE: Violations of
this ordinance shall be considered a public
nuisance.
23-316 REPORTS TO THE REGIONAL BOARD: Pursuant to
California Water Code Section 13225 (c), the City
Engineer shall submit a report, not less than annually,
to the California Regional Water Quality Control
Board(s) having jurisdiction in their area. This
report shall contain the following data, unless the
Regional Board determines a lesser amount of
information is necessary:
• A. WELLS CONSTRUCTED OR DESTROYED: The number of
wells constructed or destroyed.
B. ABATEMENT ACTIONS: Descriptions of all well
destructions undertaken by the enforcement agency
using its regulatory authority under nuisance
abatement powers.
C. VARIANCES GRANTED: A description of each
specific case where variances were granted and the
circumstances that made a variance necessary.
D. INSPECTION OF WAIVERS GRANTED: A description of
each specific case where an inspection was waived
and the circumstances that made the waiver
necessary.
Section 2: SEVERABILITY: If any section, subsection,
paragraph, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid, or
unconstitutional by a decision of a court of
competent jurisdiction, it shall not affect the
remaining portions of this ordinance, including
any other section, subsection, sentence, clause,
or phrase therein.
CERTIFICATION
I, JANET BERRY, City Clerk Df the City of West .Covina, State of
Ca
lifornia, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
Published and circulated in the City of West Covina.
Janet Berry, City Clerk
City of West Covina, California
DATED:--L�`-�//