HomeMy WebLinkAboutOrdinance #1919 ORDINANCE NO . 1919
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO SECTIONS 3460 THROUGH 3464
PERTAINING TO CONSTRUCTION AND ABANDONMENT OF
WATER WELLS TO INCORPORATE BY REFERENCE PROVI-
SIONS CONTAINED IN ORANGE COUNTY ORDINANCE
NO . 2607
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 346o through 3464 to read
as follows :
346o . ADOPTION OF COUNTY REGULATIONS . Except as herein
otherwise provided, that certain document entitled Ordinance
No . 2607 of the County of Orange relating to construction and
abandonment of wells as compiled and adopted by the County of
Orange, three (3) copies of which have been filed with the
City Clerk of the City of Huntington Beach for use and examina-
tion by the public, is hereby adopted and enacted as the Well
Construction and Abandonment Ordinance of the City of Huntington
Beach as fully as though same were set forth herein, and for
the purposes stated therein.
3461 . REQUIREMENTS AUGMENT EXISTING REGULATIONS. The
requirements of this article shall be in addition to any other
requirements of the City of Huntington Beach, and before a permit
is issued by the city, satisfactory proof of compliance with all
provisions relating thereto must be presented to the Director of
Public Works .
3462 . DESIGNATION OF ADVISORY BOARD. The Orange County
Well Standards Advisory Board, established by Orange County
Ordinance No. 2607 dated July 18, 1972, is hereby designated
as the Well Standards Advisory Board of the city of Huntington
Beach.
3463. ADAPTATION OF DESIGNATIONS .
(a) Any reference to "unincorporated territory" in said
Ordinance No." 2607 shall mean "territory within the boundaries
of the city . "
1.
MHM: er
(b ) Reference to Government Code Section 28545 in said
Ordinance No . 2607 shall mean Section 38773 . 5 of the Government
Code, the appropriate section applicable to cities .
3464 . PERMIT FEE SCHEDULE. The City Council shall adopt,
by resolution, an appropriate permit fee schedule for con-
struction, reconstruction and abatement of abandoned wells .
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a newspaper
of general circulation, printed and published in Huntington Beach,
California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of May , 1974 .
ti
Mayor
ATTEST:
City Clerk -
AP R VED AS TO FORM:
Do B nfa, City Attorney
By
1IUIVUJIS , Assistant
tvy t rney '
2 .
Division 5
WATER CONSERVATION
Article 1. Well Water, §§ 4-5-1-4-5-18 Article 2. Construction and Abandonment of Wata
Wells, §§ 4-5-14-4-"l
ARTICLE 1.WELL WATER pond or artificial reservoir, such storing
of water shall be deemed a waste of water,
Sec. 4-5-1. Definitions. unless it is used thereon for the beneficial
The following terms as used in this article purposes of domestic use and/or propa-
shall, unless the context clearly indicates other- gation of fish and/or thereafter removed
wise, have the respective meanings herein set therefrom and used for the beneficial pur-
forth: pose of irrigation.
Beneficial use or beneficial purpose is de- (b) The causing, suffering or permitting any
fined to be the causing, suffering or permitting water pumped or flowing from any well
to run upon the .land of .any person, or
of any water pumped or flowing from any well upon the public lands of the United States
to be used for the purpose of irrigation of lands or the State of California, unless it be
and/or for domestic use and/or for the propa-
gation of fish. used thereon for the beneficial purposes
of irrigation thereof or for the propaga-
Irrigation of land is defined to be the arti- tion of fish.
ficial application of water to lands whenever (c) The causing, suffering or permitting any
rainfall is insufficient to meet the full water water pumped or flowing from any well to
requirements of crops, applied to lands in such be used for a beneficial Purpose, where
quantities and in such manner, from time to
such beneficial use allows more than five
time during the growing season of the trees (5) per cent of the water so pumped to
or plants being irrigated, as will provide suffi- escape in such a way as would define the
cient moisture to promote plant growth, having use of such escaped water to be classified
reference to the particular kind of crops grown as "waste of water" under this section.
and the particular type of soil involved.
Water well or wells shall mean an artificial
Propagation of fish is defined to be the hole made in the ground through which water
breeding and/or propagating of edible or pet naturally flows from subterranean sources to
species of fish where such breeding and/or the surface of the ground, commonly known
propagation is carried on as a commercial and designated as an artesian well, or any well
enterprise. from which water is obtained by means of a
Unnecessarily flow is defined to be the caus- pump or other mechanical device, commonly
ing, suffering or permitting water flowing known and designated as a pumping well.
from an artesian well or pumped from a pump- (Code 1961, § 46.011)
ing well to be stored or used for any purpose Sec. 4-5-2. Unlawful use of water.
other than a beneficial use or beneficial pur-
pose,as defined in this section. It shall be unlawful for any person, firm,
Waste of water is defined to be: copartnership, corporation or association of in-
dividuals, either as owner, tenant, manager,
(a) The causing, suffering or permitting of agent or employee, to cause, permit or suffer
any water pumped or flowing from any any water well or wells, under the ownership,
well to run into any river, creek or other control or management of such person, firm,
natural watercourse or channel, or into copartnership, corporation or association of in-
any bay or pond or artificial reservoir, or dividuals,to be operated or used in such manner
into any street, road or highway, unless it as to cause, suffer or permit the water from
be used thereafter for a beneficial pur- such well or wells to unnecessarily flow or be
pose; and where such water is caused, pumped therefrom or to go to waste. (Code
suffered or permitted to be run into any 1961, § 45.012)
1413
ORANGE COUNTY CODE # 44-15
Sec. 4-5-3. Civil execution on fine. Cathodic protection well. Any artificial exca-
Any fine imposed for violation of the pro- vation in excess of fifty (50) feet constructed
visions of this article may be collected as in by any method for the purpose of installing
other criminal cases, and the Court may also equipment or facilities for the protection, elec-
issue an execution upon the judgment therein trically, of metallic equipment in contact with
rendered and the same may be enforced and the ground, commonly referred to as a cathodic
collected as in civil cases. (Code 1961, § 45.013) protection well or a deep anode.
Community water supply well. A water well
Sees. 4-5-4-4-5-13. Reserved. used to supply water for domestic purposes in
systems subject to chapter 7 of part I of divi-
ARTICLE 2.CONSTRUCTION AND sion 5 of the California Health and Safety Code.
ABANDONMENT OF WATER WELLS Construct, reconstruct (construction, re-
construction). To dig, drive, bore, drill or
Seca 4-5-14. Purpose. deepen a well, or to reperforate, remove, re-
It is the purpose of this article to control the place or extend a well casing.
construction and reconstruction of wells to Destruction. The proper filling and sealing
the end that the groundwater of this County of a well that is no longer useful so as to as-
will not be impaired in quality and that water sure that the groundwater is protected and to
obtained from such wells will be suitable for eliminate a potential physical hazard.
the purpose for which used and will not jeop- Electrical grounding well. Any artificial ex-
ardize the health, safety or welfare of the cavation in excess of fifty (50) feet constructed
people of this County, and to provide for the by any method for the purpose of establishing
destruction of abandoned wells or wells found an electrical ground.
to be public nuisances to the end that such wells
will not impair the quality of groundwater or Health Officer. The Orange County Health
Officer or his designee.
otherwise jeopardize the health, safety or wel-
fare of the people of this County. (Ord. No. Individual domestic well. A water well used
2607, § 1, 7-18-72) to supply water for domestic needs of an indi-
vidual residence or commercial establishment.
Sec. 4-5-15. Definitions. Industrial well. A water well used to supply
As used in this article, the following words an industry on an individual basis.
shall have the meanings provided in this sec- Observation well. A well used for monitoring
tion: or sampling the conditions of a water-bearing
Abandoned and abandonment. The terms aquifer, such as water pressure, depth, move
"abandoned" or "abandonment" shall apply to ment or quality.
a well which has not been used for a period Permit. A written permit issued by the
of one year, unless the owner declares in writ- Health Officer permitting the construction,
ing, to the Well Standards Advisory Board, his reconstruction, destruction or abandonment of
intention to usg the well again for supplying a well.
water or other associated purpose (such as an Person. An
observation well or injection well) and receives y person, firm, corporation or
governmental agency.
approval of such declaration from the Board. .
All such declarations shall be,renewed annual- Public nuisance. The term "public nuisance,"
ly and at such time be resubmitted to the Board when applied to a well, shall mean any well
for approval. Test holes and exploratory holes which threatens to impair the quality of
shall be considered abandoned twenty-four (24) groundwater or otherwise jeopardize the
hours after construction work has been com- health or safety of the public.
pleted, unless otherwise approved by the Health Saltwater (hydraulic) barrier well. A well
Officer. used for extracting water from or injecting
Agricultural well. A water well used to sup- water into the underground as a means of pre-
ply water for irrigation or other agricultural venting the intrusion of saltwater into a fresh
purposes, including so-called stock wells. water-bearing aquifer.
1414
4-5-15 WATER CONSERVATION 4-&18
Teat or exploratory hole. An excavation used field of water quality; and one shall be a regis-
for determining the nature of underground tered geologist under the laws of the State of
geological or hydrological conditions, whether California who is qualified in the field of
by seismic investigation, direct observation or groundwater hydrology. One of the aforemen-
any other means. tioned persons shall be a representative of the
Well. Any artificial excavation constructed Orange County Water District and one shall
by any method for the purpose of extracting represent the Orange County Water PollutionDepartment.
water from or injecting water into the under-
ground, for providing cathodic protection or Members shall serve for a three-year term
electrical grounding of equipment, for making and until the qualification of a successor,
tests or observations of underground condi- except that the first members shall serve stag-
tions, or for any other similar purpose. Wells gered terms, as determined by the drawing of
shall include, but shall not be limited to, com- lots, in the following manner One member
munity water supply wells, individual domestic shall serve for a one-year term of office; two
wells, industrial wells, agricultural wells, ca- (2) members shall serve for a two-year term of
thodic protection wells, electrical grounding office;two (2) members shall serve for a three-
wells, test and exploratory holes, observation year term of office. All terms shall end on the
wells and saltwater (hydraulic) barrier wells, as first Monday in January of the year in which
defined herein, and other wells whose regula- such term is to expire.
tion is necessary to fulfill the purpose of this
article as determined by the Well Standards. Traveling and other expenses incurred by
Advisory Board. Wells shall not include: each Board member in the performance of his
official duties shall be reimbursed at a rate of
(a) Oil and gas wells, geothermal wells or ten dollars ($10.00) per meting. (Ord. No.
other wells constructed under the juris- 2607, § 1, 7-18-72)
diction of the State Department of Con-
servation, except those wells converted to Sec, 4-5-17. Acts prohibited; permit require&
use as water wells
(b) Wells used for the purpose of dewatering No person shall, within the unincorporated
excavations during construction, or sta- area of the County of Orange, construct or
bilizing hillsides or earth embankments; or reconstruct any well unless such construction
or reconstruction is carried out pursuant to
(c) Other wells whose regulation is not neces- and in conformance with a written permit is-
sary to fulfill the purpose of this article as sued for that purpose by the Health Officer
determined by the Well Standards Advi- as provided in this article.
sort' Board. (Ord. No. 2607, § 1, 7-18-72) Nor shall any such person abandon a well
unless it has been destroyed pursuant to and
Sec. 4-5-16. Well Standards Advisory Board. in conformance with a written permit issued by
the Health Officer.
A board consisting of five (5) members shall
be appointed by the Board of Supervisors. One Nor shall any such person violate the terms
of the members appointed shall be a person em- of any order issued by the Well Standards Ad-
ployed in a supervisory capacity by a water visory Board or the Health Officer, issued pur-
purveyor in the County of Orange whose sys- suant to this article. (Ord. No. 2607, § 1,
tem relies to a significant extent upon ground- 7-18-72)
water; one shall be a registered civil engineer
under the laws of the State of California who Sec. 4-5-18. Permits.
is experienced in sanitary engineering and Applications for permits shall be made to
who is qualified in the field of water supply; the Health Officer containing such information
one shall be a person licensed in accordance as with the provisions of the Contractors License he shall require.
Law, chapter 9, division 3 of the Business and Each application shall be accompanied by a
Professions Code of the State of California; fee which shall, be established by the Board of
one shall be a person who is qualified in the Supervisors on the basis of the cost incurred
1415
44-18 ORANGE COUNTY CODE
in enforcing the provisions of this article. Fifty the corrective measures deemed necessary; and
(50) per cent of the fee shall be returned to time, date and place at which a hearing shall
the applicant should the permit be denied or be held by the Well Standards Advisory Board
if the permit is canceled within sixty (60) days relating thereto, which date shall be not leas
after issuance and no work has been done. A than ten (10) nor more than thirty (80) days
permit shall remain in effect for one year from after the date such.notice is mailed. The notice
date of issuance. shall state that in the event the Board deter-
Permits may be issued subject to any Bondi- mines that a public nuisance exists a special
tion or requirement found by the Health Offi- assessment shall be imposed upon the land for
cer to be necessary to accomplish the purposes any costs of abatement. (Ord. No. 2607, § 1,
of this article. 7-18-72)
A permit may be canceled or the conditions Sec. 4-5-27. Immediate abatement.
amended by the Health Officer if he determines If the Health Officer finds that immediate
that to proceed with the 'work would result in action is necessary to prevent impairment of
a public nuisance or the permit holder has vio- the groundwater or a threat to the health or
lated the terms of the permit or this article. safety of the public, he may abate the nuisance
(Ord. No.2607, § 1, 7-18-72) without giving notice. Within twenty-four (24)
Seehours after initiating such abatement, the
. 4-5-29. Completion of work. Health Officer shall give notice of a hearing
The permittee shall notify the Health Offi- before the Well Standards Advisory Board in
cerr in writing upon completion of the work and the manner prescribed in section 4-5-26, (Ord.
no work shall be deemed to have been completed No. 2607, § 1, 7-18-72)
until such written notification has been re-
ceived. A final inspection of the work shall Sec. 4.5-28. Board hearing.
be made by the Health Officer and no per- At the time fixed for the hearing, the Well
mittee shall be deemed to have complied: with Standards Advisory Board shall hear and con-
this article or his permit until such inspection sider all relevant testimony and evidence of-
has been performed. (Ord. No. 2607, § 1, fered by the landowner, and by any other in-
7-18-72) terested person. In the event the Board finds
that a public nuisance exists, it shall direct the
Secs. 4-5-20--4-5-24. Reserved. Health Officer to take any necessary action to
protect the groundwater or the health and safe-
Sec. 4-5-25. Notice; cancellation or denial of ty of the public,unless the situation is corrected
permit. by the landowner on or before a date to be
In the event a permit is denied or canceled, specified by the Board. The costs of such cor-
the applicant or permit holder shall be given rective work by the Health Officer shall become
written notice by the Health Officer, which a special assessment upon the land pursuant
notice shall specify the reasons for his action
to section 4-5-29.
and shall notify the applicant or permit holder If the Board finds that a permit was im-
of his right to request a hearing before the properly denied or canceled, it shall order the
Well Standards Advisory Board within ten Health Officer to issue or reinstate such per-
(10) days. (Ord. No. 2607, § 1, 7-18-72) mit. (Ord. No. 2607, § 1, 7-18-72)
Sec. 4-5-26. Notice; public nuisance. Sec. 4-5-29. Abatement costs a special assess-
In the event the Health Officer determines ment.
that a well constitutes a public nuisance, he Upon a finding by the Well Standards Ad-
shall mail a written notice to the landowner visory Board that a well constitutes a public
and the permit holder, if other than the land- nuisance, all cost of abatement carried out
owner. A copy of the notice shall be posted under the terms of this article shall constitute
on the affected property. The notice shall state a charge and special assessment upon the par-
the specific facts giving rise to such nuisance; cel of land involved. If such costs are not paid
1416
1 4-5-29 WATER CONSERVATION 11 44-81
within sixty (60) days, they shall then be de- wells shall conform to the "Tentative Deep
clared a special assessment against that parcel Anode Standards," Sheets A-497-S-1 and A-
as provided in Government Code,section 25846. 497-S-2, revised December 10, 1969, of the
Such special assessment shall be collected at Southern California Cathodic Protection Com-
the same time and in the same manner as mittee. Well standards may be modified by the
ordinary County taxes are collected and shall Health Officer, with the advice and concur-
be subject to the same penalties and the same rence of the Well Standards Advisory Board,
procedures and sale in case of delinquency as where required to cope with local geological
provided for ordinary County taxes. The and groundwater conditions. (Ord. No. 2507,
County shall retain the additional and inde- § 1, 7-18-72)
pendent right to recover its casts by way of
civil action against the owner and person in See. 4-5-31. Penalty.
possession or control,jointly or severally. (Ord.
No. 2607, § 1,7-18-72) Any person who violates the terms of this
Sec. 4-5-30. Standards. article or any permit issued hereunder shall be
guilty of a misdemeanor, punishable by a fine
Standards for the construction, reconstruc. not exceeding five hundred dollars ($500.04)
tion, destruction or abandonment of wells shall or by imprisonment not exceeding six (6)
be the standards recommended in the State months,or by both such fine and imprisonment.
Department of Water Resources Bulletin No. Such person shall be deemed guilty of a sep-
74, chapter II and appendices E, F and G, and arate offense for each and every day or portion
future amendments thereto. Until such time as thereof during which any such violation is
standards for cathodic protection wells and committed, continued or permitted and shall
electrical grounding wells are recommended be subject to the same punishment as for the
by the Department of Water Resources, such original offense. (Ord. No. 2607, § 1, 7-18-72)
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1417
Ord. No. 1919
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the. City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 6th day of May
19 74 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of May 19 74 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the, City
Council, do hereby certify that this ordinance has
been published in the Huntington Beach News on
.. . ... .............. ;.... ........., �9.7.. .
In accord; the City Charter of said City.
ALICIA M. WEN_YWORTH
._...._. ..........City Clerk
....................................
Deputy City Clerk