HomeMy WebLinkAboutNS-1219ORDINANCE NO. NS-1219
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING ARTICLE IV TO
CHAPTER 39 OF THE SANTA ANA MUNICIPAL
CODE, PERTAINING TO THE CONSTRUCTION AND
ABANDONMENT OF WELLS WITHIN THE CITY OF
SANTA ANA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is
hereby amended by adding an article, to be numbered IV,
to Chapter 39 thereof, which said article is to consist
of sections to be numbered 39-60 through and including
39-71 and is to read as follows:
Sec. 39-60. Purpose
It is the purpose of this article 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 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 qround water or otherwise jeopardize the health,
safety or welfare of the people of this City.
Sec. 39-61. Definitions
As used in this article, the following words shall
have the meaning provided in this section.
ABANDONED and ABANDONMENT. The terms "abandoned" or "abandon-
ment'' shall apply to a well which has not been used for a period
of one year, unless the owner declares in writing, to the
Advisory Agency his intention to use the well again for sup-
plying water or other associated purpose (such as an obser-
vation well or injection well) and receives approval of such
declaration from the Advisory Agency. All such declarations
shall be renewed annually and at such time be resubmitted to
the Advisory Agency 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 Enforcement Officer.
ADVISORY AGENCY. At all such times as an agreement is in
effect between the City of Santa Ana and the County of Orange
providing for the enforcement of the provisions of this Article
by the County of Orange, the Advisory Agency shall be as set
forth in that agreement; otherwise, the Advisory Agency shall
be the City Council of the City of Santa Ana.
AGRICULTURAL WELL. A water well used to supply water for irri-
gation or other agricultural purposes, including so-called
stock wells.
ORDINANCE NO.
PAGE TWO
NS-1219
CATHODIC PROTECTION WELL. Any artificial excavation in
excess of 50 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
~node.
COMMUNITY WATER SUPPLY WELL. A water well used to supply
water for domestic purposes in systems subject to Chapter 7
of Part I of Division 5 of the California Health and Safety
Code.
CONSTRUCT, RECONSTRUCT (CONSTRUCTION, RECONSTRUCTION). To
dig, drive, bore, drill or deepen a well, or to reperforate,
remove, replace, or extend a well casing.
DESTRUCTION. 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. Any artificial excavation in excess
of 50 feet constructed by any method for the purpose of estab-
lishing an electrical ground.
ENFORCEMENT OFFICER. At all such times as an agreement is in
effect between the City of Santa Ana and the County of Orange
providing for the enforcement of the provisions of this Article
by the County of Orange, the Enforcement Officer shall be as
set forth in that agreement; otherwise, the Enforcement Officer
shall be the Director of Public Works of the City of Santa Ana
nr his designee.
INDIVIDUAL DOMESTIC WELL. A water well used to supply water
for domestic needs of an individual residence or commercial
establishment.
INDUSTRIAL WELL. A water well used to supply an industry on
an individual basis.
OBSERVATION WELL. A well used for monitoring or sampling the
conditions of a water-bearing aquifer, such as water pressure,
depth, movement or quality.
PERMIT. A written permit issued by the Enforcement Officer
permitting the construction, reconstruction, destruction, or
abandonment of a well.
PERSON. Any person, firm, corporation or qovernmental agency.
PUBLIC NUISANCE. The ter~ "public nuisance", when applied to
a well, shall mean any well which threatens to impair the
quality of ground water or otherwise jeopardize the health
or safety of the public.
SALT WATER (HYDRAULIC) BARRIER WELL. 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. An excavation used for determining
the nature of underground geological or hydrological conditions,
whether by seismic investigation, direct observation or any
other means.
ORDINANCE NO. NS-1219
PAGE THREE
WELL. 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 article as determined by the Advisory Agency.
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 article as determined by the Advisory Agency.
Sec. 39-62. Acts prohibited, permit required.
No person shall, within the City of Santa Ana,
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 Enforce-
ment Officer as provided in this article.
Nor shall any such person abandon a well unless it
has been destroyed pursuant to and in conformance with a written
permit issued by the Enforcement Officer.
Nor shall any such person violate the terms of any
order issued by the Advisory Agency or the Enforcement Officer,
issued pursuant to this article.
Sec. 39-63. Permits.
Applications for permits shall be made to the En-
forcement Officer containing such information as he shall require.
Each application shall be accompanied by a fee which
shall be established by resolution of the City Council of the
City of Santa Ana on the basis of the cost incurred in enforcing
the provisions of this article. Fifty percent (50%) of the
~ee shall be returned to the applicant should the permit be
denied or if the permit is cancelled within sixty (60) 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 re-
quirement found by the Enforcement Officer to be necessary to
accomplish the purposes of this article.
A permit may be cancelled or the conditions amended
by the Enforcement Officer if he 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 article.
ORDINANCE NO. NS-1219
PAGE FOUR
Sec. 39-64. Completion of Work
The permittee shall notify the Enforcement Officer
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 Enforcement Officer and no permittee shall be
deemed to have complied with this article or his permit until
such inspection has been performed..
Sec. 39-65. Notice; Cancellation or Denial of Permit
In the event a permit is denied or cancelled, the
applicant or permit holder shall be given written notice by
the Enforcement Officer, which notice shall specify the rea-
sons for his action and shall notify the applicant or permit
holder of his right to request a hearing before the Advisory
Agency within ten days.
Sec. 39-66. Notice; Public Nuisance
In the event the Enforcement Officer determines
that a well constitutes a public nuisance, he 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; the time, date, and place at which
a hearing shall be held by the Advisory Agency relating thereto,
which date shall be not less than ten nor more than thirty days
after the date such notice is mailed. The notice shall state
that in the event the Advisory Agency determines that a public
nuisance exists a special assessment shall be imposed upon the
land for any costs of abatement.
Sec.39-67. Immediate Abatement
If the Enforcement 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 abate
the nuisance without giving notice. Within twenty-four (24)
hours after initiating such abatement, the Enforcement Officer
shall give notice of a hearing before the Advisory Agency in
the manner prescribed in Section 39-66.
Sec. 39-68. Board Hearing
At the time fixed for the hearing, the Advisory
Agency shall hear and consider all relevant testimony and
evidence offered by the landowner and by any other interested
person. In the event the Advisory Agency finds that a public
nuisance exists, it shall direct the Enforcement Officer to
take any necessary action to protect the ground water or the
health and safety of the public, unless the situation is cor-
rected by the landowner on or before a date to be specified
by the Advisory Agency. The costs of such corrective work
by the Enforcement Officer shall become a special assessment
upon the land pursuant to Section 39-69.
If the Advisory Agency finds that a permit was
improperly denied or cancelled, it shall order the Enforce-
ment Officer to issue or reinstate such permit.
ORDINANCE NO. NS-1219
PAGE FIVE
Sec. 39-69. Abatement Costs a Special Assessment.
Upon a finding by the Advisory Agency that a well
constitutes a public nuisance, all cost 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 (60) days, they shall then
be declared a special assessment against that parcel as pro-
vided in Government Code Section 28773.5. Such special assess-
ment 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
deliquiency 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.
Sec. 39-70. Standards
Standards for the construction, reconstruction,
destruction, or abandonment of wells shall be the standards
recommended in the State Department of Water Resources Bulle-
tin No. 74, Chapter II and future amendments thereto. Stand-
ards for the construction, reconstruction, destruction or
abandonment of cathodic protection wells and electrical ground-
ing wells shall be the standards recommended in the State
Department of Water Resources Bulletin No. 74-1, and future
amendments thereto. Well standards may be modified by the
Enforcement Officer, with the advice and concurrence of the
Advisory Agency, where required to cope with the local geo-
logical and ground water conditions.
Sec. 39-71.
Any person who violates the terms of this Article
or any permit issued hereunder shall be guilty of a misdemeanor,
punishable by a fine not exceeding Five Hundred Dollars ($500)
or by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. 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.
SECTION 2: That Section 39-32 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the deci-
sion of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or
more sections, subsections, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 4: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as affecting any of the provisions of such ordi-
nances relating to the collection of any such license or
penalty or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or case de-
posit in lieu thereof, required to be posted, filed or depo-
sited pursuant to any ordinance, and all rights and obliga-
tions thereunder appertaining shall continue in full force
and effect.
ORDINANCE 'NO.
PAGE SIX
NS-1219
SECTION 5: The Clerk of the Council shall certify to the
passage of this ordinance and cause the smme to be published
in some daily newspaper printed and published in the City of
Santa Ana.
SECTION 6: This Ordinance shall take effect thirty (30)
days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of
Santa Ana at its regular meeting held on the 16th day of
September , 1974.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
qoing Ordinance was introduced to said Council at its _a~ourned regular
meeting held on the 9th day of September , 1974,
and was again considered by said Council at its meeting held
on the 16th day of September , 1974, and was at
said meeting passed and adopted by the following vote, to wit:
AYES, COUNCILMEN: Griset, Yamamoto, Markel, Ga~he,
Patterson, Evans, Ward
NOES, COUNCILMEN: None
ABSENT,
COUNCILMEN: None
CLERK OF THE COUNCIL
APPROVED AS TO FORM: