O 087 S.C.
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^. ORDINANCE NO. 87 C..S. ')
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. A..~ ORDINANCE OF 'rHE CITY OF ARROYO GR..\NDE ANENDING
CHAPTER 8 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO TIlE REGU!.ATIOl~ OF WATER WELLS.
rdE CITY COUNCIL OF IrlE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS,
SECTION 1. Chapter 8 of Title 6 of the Arroyo Grande Municipal Code sgall
be &mended to read as follows:
Section 6-8.01 PURPOSE: It is the purpose of this ordinance to provide for
the construction, repair, modification and destruction of wells in such a manner
that the ground water of this City will not be contaminated or polluted and that
water obtained from wells will be suitable for beneficial use and will not jeop-
ardize the health, safety or welfare of the people of this City.
Section 6-8.02 DEFINITIONS: (A) "Well. t.t Means any artificial excavation
constructed by any method fer the purpose of extracting water from or injecting
water into, the underground, or for providing cathodic protection or electrical
grounding of equipment, or for making tests or observations of underground oondi-
tio~or for any other similar purpose. Wells shall include, but shall not be
limited to, community water supply wells, individual domestic wells, industrial
wells, agricultural wells, cathodio protection wells, electrical grounding wells,
test and exploratory holes, observation wells and salt water (hydraulic) barrier
wells, as defined here:tr!, and other wells whose regulation is necessary to ful-
fill the purpose of this article. This definition shall not include: (1) oil and
gas wells, or geothermal wells constructed under the jurisdiction of the State
Department of Conservation, except those wells converted to use as water wells; or
(2) wells used for the purpose of (a) dewatering excavation during construction,
or (b) stabilizing hillsides or earth embankments; and (3) the following artifical
excavations: (a) drHl holes for soil testing purposes where ouch holes are less
than twenty five (25) feet in depth; (b) holes or excavations for soil percolation
tes ts ; (c) drill holes for seismic exploration where such drill holes are less than
twenty five (25) feet in depth; and (d) excavatiot~ for drainage percolation ponds
or spreading basins.
(B) "Communi tv Water SUD'Dlv Well." A water well for domestic
purposes in systems subject to Chapter 7 of Part 1 of Division 5 of the California
Health and Safety Code (commencing with Section 4010).
(C) "Individual Domestic Well." A water well used to supply water
for domestic needs of an individual residence or commercial establishment.
, (D) "Industrial. Wells." Water wells used to supply industry on
an individual basis.
(E) "Agricultural Wells." Water wells used to supply water for
irrigation or other agricultural purposes, including stock wells.
(F) , S. a .1 t. Wa ter (Hvdrau lie) Barrier. We lIs. II Wells constructed
to extract or introduce water into the ground as a means of preventing intrusion
of salt water into a fresh waterbearing aquifer.
(G) "Cathodic Protection Well.'J Means any artificial excavation
in an aquifer or in excess of 50 feet, constructed by any method for the purpose
of installing equipment O~ facilities for the protection electrically of metallic
equipment in contact with the ground commonly referred to as cathodic protection. I
(H) "Test or ExDloratorv Hole." An excavation used for determining \
the nature of underground geological or hydrological conditions, whether by seismic
investigation, direct obse~Tation, or any other means.
(I) "Electrical Grounding Well." Any artificial excavation in an
aquifer or in excess of 50 feet, conotructed by any method for the purpose of
establishing an electrical ground.
(J) "Observation Well." A well used for monitoring or sampling
the condition of a water-bearing aquifer, such as water pressure, depth, movement
or quality.
(K) I1Contamination." An impair.nent of the quality of water to a
degree which creates a l~zard to the public health through poisoning or through
spread of disease.
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. . (L) II 110;. lutit);.!o II An altcratio:~.. cd: the j'~')iitY of water to a. degree
./' which unreasonably affects (1) ~llch WIl;:",:3 for b.,nefiei~l nsea, or (2) facilities
, whiCh serve such benafid,al 11>)0>8. Follut::ton !Th'Jl)" ).IlGlude cfl::\tami:tation..
(M) "Modification or Re'Pair.1I lJ~ht; <leepei1.'$.n6 of a 1jJell~ r\~-perfora.tion,
sealing or replacement of a well c~~ingo
(N) ItImalth Officer." ~ae ,~alth Officer of the City of Arroyo
Grande, his medical deput1,~s, 'his sanitarians, or his duly authorized rept'<!sentatives.
(0) "Com':)letion or Conmletio~~ O~eration. It Any work conducted after
artificial excavation to include (l) plac~ent of well casing, (Z) gravel packing,
(3) sealing, (4) casing perforation or, (5) other operations deemed necess&ry by the
Health Officer.
(P) "Dest.ruction or Destrov." The complete filling of a well in
such a manner that it will not produce water or act as a conduit for the inter-
change of water, when such intercha~ge will result in 1eterioration of the quality
of water in any water-be~ring formations pcnetrat~j.
(Q) lI~l11 Drillin~ Co~trac-::ox.tl Meat~ a aontractor licensed in
accordance with the provision~ of the Co~tract~rs License Law, Chapter 9 of
Division 3 of the Business a~d Professions Code (c~ancing with Section 7000).
(R) "Public Nuisance." When applieti to a well, means any well
which threatcns to impair the qua.lity of ground water or othe:rwise jeopardize the
health and safety of t!II' publil'.
(S) I1Person." Shall include an~ person, firm, association,
corporation, organiza!;!."", partnerllhip, business trust, compa~y, or special
district formed under the laws of the State of California.
(T) The terms "abandonP-d" or "abandonment" shall apply to a well
which has not heen used for a period of one year, unless the owner declares in
writing to the Health Office::, his intenti.on to use the well again for supplying
water or other associated purpose (such as an observation well or injection well)
and received approval of such declaration. All such declarations shall be renewed
annually. Test holes and sr.ploratory holes sMll be considered abandoned twent~
four (24) hours after construction work hes been completed, unless otherwise
approved by the Health Officer.
Section 6-8.03 ACTS PROHIBITED, PERMIT REQUIRED: (A) No person shall
within the incorporated arca of the City of Arroyo Grande construct, repair,
modify or destroy any well unless such person possesses a valid permit issued by
the Health Officer as provided in this c!~ptcr.
(B) No peraon shall constru,:t, repair, modify or destroy any well
unless &uch construction, repair, modification or destruction is in conformance
with the terms, conditions, and standards specified in this chapter and in the
written permit issued by the rwalth Officer.
Section 6-8.04 PE!UlITS : (A) ADvl1cations: Applications for permits shall
be made to the Hea1~h Officer and uhall include the following:
(1) A plot plan indicating the exact location of the well with
respect to tlle following items within a radius of 200 feet
of th~, well:
a) Property Lines.
b) Sewage disposal systems or works carrying or containing
sewage or industrial wastas.
e) All intermittent or perer.mial, natural or artificial water
b('l(lie3 or wa.ter coursec.
d) Drainage pattern of the property.
e) Existing wells.
f) Access roada.
(2) l,Qca~ion 0\: the propert)'. (Inc Iuds township, range and
see tion).
(3) Nam'~ of t~le person wllO will construct the well.
(4) Estimated or proposed depth of well.
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~ (5) Use of well.
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(6) Other information as may be necessary to determine if
underground waters will be protected.
(B) Fees: (1) Permitapplica~on fees. . Every permit application
except those made by a public agency shall be accompanied by a fee of $25.00, none
of which shall be refundable.
(2) Expiration of ~e~it. . Each permit issued pursuant to this
chapter shall expire within six (6) montha following the issuance of the permit.
Upon expiration of any permit issued pursuant hereto, no further work may be done
in connection with construction, repair, modification, or destruction of a we'll
unless and until a new permit for such purpose is secured in accordance with the
provisions of this chapter.
(C) Prohibition: No permit shall be issued to any person who is not a
well drilling contractor, provided that a permit may be issued to an owner or
occupant of property who does the work of construction, repair, modification or
destruction of a well located on such property himself or through his own employees;
and provided further that a permit may be issued to any person exempt from the
provisions of the Contractors License Law, Chapter 9, Division 3, of the Business
and Professions Code (commencing with Section 7000).
(D) Bonds : As a condition precedent to the issuance of a permit, every
applicant for a permit sP~ll file or have on file with the Health Officer a
corporate surety bond in the sum of $2,500.00 issued by a surety company licensed
to do business in this State, or in lieu thereof, a cash deposit in the sum of
TWo Thousand Five Hundred Dollars ($2,500.00).
As used in this subsection, the term "cash deposit" shall include, without
limitation, certificates of deposit payable to the City issued by banks doing
business in this State, investment certificates or share accounts assigned to the
City and issued by savings and loan associations doing business in this State, or
bearer bonds issued by the United States Government or by this State.
Said surety bond shall be conditioned t~ secure the compliance and
faithful performance by the permittee of the terms, conditions and standards
imposed by this chapter, or by any permit issued hereunder.
If cash is deposited in lieu of such bond, said cash deposit shall seCure
the compliance and faithful performance by the permittee of the terma, conditions
and standards imposed by this chapter, or by any permit issued hereunder.
(E) Conditions : PrtDt!~tQ"*:.i!hnlAnCe, ,df;;ant. ,pe11ld.t .'~!"fr.h. .. &"11>'
*,Jlaacillmendat:!.orl. lIf the.:llealfih Ofl'fAlk',;:..\ihaU.pe,nbm1tted to the City Council.
The City Council shall consider the application within thirty (30) days of its
receipt at which time the Council may approve the application if, in its
discretion, the drilling and the eperation of the well will not deplete nor
contaminate the City water supply, and service from the City water system is
neither practical nor feasible. If the Council approves the granting of a permit,
it ~ be issued subject to such reasonable conditions as the Council imposes to
prevent the depletion and contamination of the City water supply and subject to
compliance with the standards provided in Section 6-8.06 of this chapter. In the
1!\I'I!nt that the City Council refuses to approve the permit, . the Health Officer may
not grant it.
(F) Tenn. C,OJnnletion of Work: The permittee shall complete the work
authorized by the permit prior to the expiration date set forth in the permit.
The permittee shall notify the Health Officer in writing upon completion of the
work and such work shall not be deemed to have been completed until such written
notification has been received.
(G) ReDorts: A copy of the well driller report required under
Section 13751 of the California Water Code shall be submitted to the Health Officer
upon completion of construction of each well.
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(H) Appeal Procedure: Any person aggrieved .bj/tP~ refusal of the Health
..'" Officer .to issue a permit or by the terms of a permit may appeal from the action of
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the Health Officer to the Arroyo Grande City Council by filing a written notice of
appeal with the City Clerk.. The City Clerk shall set the matter for hearing before
said City Council and shall give reasonable notice of the time and place thereof to
the applicant and to the Health Officer. The City Council shall hear the evidence
offered by the applicant or permittee and the Health Officer, and shall forthwith
decide the issue. Unless the City Council shall rescind the Health Officer's action
by a majority vote, his decision shall be deemed affirmed.
Section 6-8~05 INSPECTION: The Health Officer and his inspectors may at
any and all reasonable times enter any and all places, property, enclosures and
structures for the purpose of making examinations and investigations to determine
whether any provision of this chapter is being violated. The Health Officer may
require that each completion, modification, repair or destruction operation be
inspected prior to any further work.
Section 6-8.06 STANDARDS : Standards for the construction, repair,
modification or destruction of wells shall be as set forth in Cr~pter II of the
California Department of Water Resources Bulletin No. 74 entitled ''Water Well
Standards: State of California" and its Appendices E, F, and G; and those
pertaining to Zones II and III, as delineated in Figure 1 of the Department of
Water Resources Bulletin No. 74-7 entitled ''Water Well StaDdards, Arroyo Grande
Basin, San Luis Obispo County", and as set forth in Chapter II of the same and
California Department of Water Resources Bulletin No. 74-1, entitled "Cathodic
Protection Well Standards", State of California.
Section 6-8~O7 PUBLIC NUISANCE: In the event the Health Officer determines
that a well constitutes a public nuisance, he shall abate said nuisance in accordance
with the provisions of California Civil Code Section 3494.
Section 6-8.08 IMMEDIATE ABATEMENT: If the Health Officer finds that
immediate action is necessary to prevent impairment of the ground water or a
threat to the health or safety of the public, he may summarily abate said
nuisance in any manner permissible under the law.
SECTION 2. This ordinance shall be in full force and effect thirty (30)
days after its passage, and within fifteen (15) days after its passage it shall
be published once, together with the names of the Council Members voting thereon,
in the Five Cities Times.Prese-Recorder.
On motion of Councilman Millis, seconded by Councilman de Leon and on
the following roll call vote, to wit:
AYES: Councilmen Millis, Talley, Wood, de Leon and Mayor Schlegel
NOES: None
ABSENT: None
the foregoing ordinance was passed and adopted this 12th day of June, 1973.
{]jl_~
MAYOR
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A='~~
CITY
I, POLLY S. KINGSLEY, City Clerk of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify that the foregoing
Ordinance No. 87 C.S. is a true, full and correct copy of said ordinance passed
and adopted by the City Council of the City of Arroyo Grande at a regular meeting
of said Council held on the 12th day of June, 1973.
WITNESS my hand and the seal of the City of Arroyo Grande affixsd this
13th day of June, 1973. Q~
Cit~k 0 he tyW~Oyo Grande
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