It is the purpose of this chapter to control the construction and reconstruction of wells to the end that the ground water of this city will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this city; that the obligation of the city to produce and distribute water for the present and future use, benefit and protection of the citizens and residents of the city will not be impaired; and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of the ground water or otherwise jeopardize the health, safety or welfare of the people of this city.
(Ord. 724 § 2, 1974)
As used in this chapter, the following words shall have the meaning provided in this section:
"Abandoned and abandonment"
shall apply to a well which has not been used for a period of one year, unless the owner declares in writing to the public works director his intention to use the well again for supplying water or other associated purposes (such as an observation well or injection well) and receives approval of such declaration from the public works director. All such declarations shall be renewed annually and at such time be resubmitted to the public works director for approval. Test holes and exploratory holes shall be considered abandoned twenty-four hours after construction work has been completed, unless otherwise approved by the public works director.
"Agricultural well"
means a water well used to supply water for irrigation or other agricultural purposes, including so-called stock wells.
"Cathodic protection well"
means any artificial excavation in excess of fifty feet 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 a cathodic protection well or a deep anode.
"Community water supply well"
means a water well used to supply water for domestic purposes in systems subject to Sections 4010 et seq. of the California Health and Safety Code (the California Pure Water Act).
"Construct, reconstruct (construction, reconstruction)"
means to dig, drive, bore, drill or deepen a well, or to reperforate, remove, replace or extend a well casing.
"Destruction"
means the proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard.
"Electrical grounding well"
means any artificial excavation in excess of fifty feet constructed by any method for the purpose of establishing an electrical ground.
"Individual domestic well"
means a water well used to supply water for domestic needs of an individual residence or commercial establishment.
"Industrial well"
means a water well used to supply an industry on an individual basis.
"Observation well"
means a well used for monitoring or sampling the conditions of a water bearing aquifer, such as water pressure, depth, movement or quality.
"Permit"
means a written permit issued by the public works director permitting the construction, reconstruction or destruction of a well.
"Person"
means any person, firm, corporation or governmental agency.
"Public nuisance,"
when applied to a well, means any well which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public.
"Public works director"
means the public works director of the city of Fountain Valley or his designee.
"Salt water (hydraulic) barrier well"
means a well used for extracting water from or injecting water into the underground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer.
"Test or exploratory hole"
means an excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means.
"Well"
means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic protection or electrical grounding of equipment, for making tests or observations of underground conditions, 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, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter as determined by the city council. Wells shall not include: (a) oil and gas wells, geothermal wells, or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (b) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (c) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the city council.
(Ord. 724 § 2, 1974)
Reference is made to Ordinance No. 2607, especially Section 4-5-16 thereof, duly adopted by the board of supervisors of the county of Orange, California. This section establishes a well standards advisory board consisting of five members with certain qualifications appointed by the county board of supervisors. The public works director and city council may be guided in their determinations by the suggestions and advice of the well standards advisory board in order to carry out the purpose of this ordinance and to effectuate uniformity within the county of Orange, relative within the city of Fountain Valley as to the construction and destruction of wells.
(Ord. 724 § 2, 1974)
No person shall, within the incorporated area of the city of Fountain Valley, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the public works director as provided in this chapter.
Nor shall any such person allow a well to remain abandoned, but shall destroy it pursuant to and in conformance with a written permit issued by the public works director.
Nor shall any such person violate the terms of any order issued by the public works director pursuant to this chapter.
(Ord. 724 § 2, 1974)
A permit shall only be issued for the construction of a well if the director of public works determines that the issuance of the permit will not cause:
(1) 
The withdrawal of more water from the groundwater basin than will be replenished over time;
(2) 
Saltwater intrusion;
(3) 
Adverse effects on the rate of flow through the aquifer;
(4) 
Significantly adverse effects on the water table;
(5) 
Overdraft of groundwater based upon the pre-existing and reasonably foreseeable beneficial use of water on lands within the corporate limits overlying the aquifer;
(6) 
The operation of any well in a manner that causes a cone of depression in the water table that affects a Fountain Valley municipal waterwell;
(7) 
Significantly increased energy or other production costs to the city's water production facilities;
(8) 
Other significantly adverse environmental effects; unless the director of public works determines that the public's interest is otherwise provided for such as, but not limited to, by agreement to mitigate or otherwise provide for such impact or through arrangements with the Orange County water district or successor entity.
(Ord. 1236 § 1, 1995)
Applications for permits shall be made to the public works director containing such information as the public works director shall require.
Each application shall be accompanied by a fee which shall be established by the city council on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty percent of the fee shall be returned to the applicant should the permit be denied or if the permit is canceled within sixty days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance.
Permits may be issued subject to any condition or requirement found by the public works director to be necessary to accomplish the purposes of this chapter.
A permit may be canceled or the conditions amended by the public works director if the public works director determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter.
(Ord. 724 § 2, 1974)
The permittee shall notify the public works director in writing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the public works director and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed and all work thereon completed to the satisfaction of the public works director.
(Ord. 724 § 2, 1974)
In the event a permit is denied or cancelled, the applicant or permit holder shall be given written notice by the public works director, which notice shall specify the reasons for his action, and shall notify the applicant or permit holder of his right to request a hearing before the city council within ten days.
(Ord. 724 § 2, 1974)
In the event the public works director determines that a well constitutes a public nuisance, the city clerk shall mail a written notice to the landowner and the permit holder if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date, and place at which a hearing shall be held by the city council relating thereto, which date shall not be less than ten nor more than thirty days after the date such notice is mailed. The notice shall state that in the event the city council determines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement.
(Ord. 724 § 2, 1974)
If the public works director 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 abate the nuisance without giving notice. Within twenty-four hours after initiating such abatement, the city clerk shall give notice of a hearing before the city council in the manner prescribed in Section 8.12.080.
(Ord. 724 § 2, 1974)
At the time fixed for the hearing, the city council shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested person. In the event the city council finds that a public nuisance exists, it shall direct the public works director to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the city council. The costs of such corrective work by the public works director shall become a special assessment upon the land pursuant to Section 8.12.110.
If the city council finds that a permit was improperly denied or cancelled, it shall order the public works director to issue or reinstate such permit.
(Ord. 724 § 2, 1974)
Upon finding by the city council that a well constitutes a public nuisance, all costs of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty days, they shall then be declared a special assessment and shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary city taxes. The city shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally.
(Ord. 724 § 2, 1974)
Standards for the construction, reconstruction or destruction of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II. Standards for the construction, reconstruction or destruction of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74-1.
(Ord. 724 § 2, 1974)
Any violation or failure to comply with any of the provisions of this chapter shall render a person guilty of a misdemeanor, and such person shall be punished in accordance with the provisions of Section 1.16.010 of the Fountain Valley municipal code.
(Ord. 724 § 2, 1974)