HomeMy WebLinkAboutORD 599ORDINANCE NO. 599
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
ADDING CHAPTER 8.50 TO TITLE 8 OF THE PALM DESERT
MUNICIPAL CODE ENTITLED REGULATIONS FOR THE
CONSTRUCTION, RECONSTRUCTION, ABANDONMENT AND
DESTRUCTION OF WATER WELLS.
The City Council of the City of Palm Desert, California DOES HEREBY
ORDAIN, as follows:
SECTION _1:_._ADDITION TO CODE: Chapter 8.50 is hereby added to Title 8
of the Palm Desert Municipal Code to read as follows:
CHAPTER 8.50 _REGULATIONS FOR THE CONSTRUCTION, RECONSTRUCTION,
ABANDONMENT AND DESTRUCTION OF WATER WELLS.
SECTIONS:
Section 8.50.010 PURPOSE AUTHORITY 8 IMPLEMENTATION
Section 8.50.020 DEFINITIONS
Section 8.50.030 PERMIT REQUIREMENTS
8.50.031 Regulated Activities
8.50.032 Permit Fee
8.50.033 Penalty for Failure to Obtain a Permit
8.50.034 Permit Application and Plot Plan
8.50.035 Abandoned Wells
Section 8.50.040 CONDIT_I0145_OF APPROVAL
Compliance with Standards
Completion Bonds
Conditions for Approval
Section 8.50.050 CONDITIONS _OF_DENIAL
Section 8.50.060 EXPIRATION OF EXTENSION OF PERMIT
8.50.061 Expiration
8.50.062 Extension
8.50.063 Permit Renewal
Section 8.50.070 PERMIT REVOCATION OR SUSPENSION
8.50.071 Revocation or Suspension for
Violations of this Ordinance
8.50.072 Revocation or Suspension for Fraud
or Misrepresentation
Section 8.50.080 HEARINGS
Hearing Process Defined
Petitioner's Responsibility
Department's Responsibility
Disposition
iection 8.50.090 LICENSING AND REGISTRATION
�— Registration Requirements for Drillers
Business License Requirements
iection 8.50.100 STANDARDS
Construction. Reconstruction and
Destruction Standards for all Wells in
Accordance with DWR Standards
Exemptions
iection 8.50.110 LATERAL (HORIZONTAL) WELL STANDARDS
Construction Guidelines and Requirements
-ection 8.50.120 REQUIRED_INSPECTION_OF WELL SITE
Pre -Drilling Site Inspection for
Community Water Supply Wells
,ection 8.50.130 RE U1RED INSPECTION OF WELLS
8.50.131 Required Frequency of Departmental
Inspections
8.50.132 Additional Geophysical Testing
8.50.133 Well Seal Without Inspection
ection 8.50.140 DISCHARGE OF_DRILLING FLUIDS
Discharge and Clean-up Requirements
ection 8.50.150 GENERAL LOCATION OF_WATER _WELLS
_
Requirement Setback Distances From
Known Contamination or Other Poten-
tially Hazardous Conditions
ection 8.50.160 WELL LOGS
Driller's Responsibility to Log and
File Limited Public Access to Well
Log Information
ection 8.50.170 WATER WELL SURFACE CONSTRUCTION FEATURES
Well Accessory Requirements
8.50.171 Check Valve
8.50.172 Sample Spigot
8.50.173 Disinfection Pipe
8.50.174 Water Well Master Meter
8.50.175 Air -Relief Vent
8.50.176 Backflow Prevention Assembly
action 8.50.180 DISINFECTION OF WATER WELLS
T Requirement and Procedure
Section 8.50.190 WATER__R
_ UALITY- -_STANDARDS
-- -
Monitoring Requirements For:
8.50.191 Community Water Supply Wells
8.50.192 Individual Domestic Wells
8.50.193 Exceptions
Section 8.50.200 PRIVATE WELL EVALUATIONS
Inspection and Sampling at the Request
of the Owner/Seller
Evaluation Service Fee
Section 8.50.210 WELL -ABANDONMENT
Procedures
Section 8.50.220 PUBLIC NUISANCE ABATEMENT
Declaration of Public Nuisance
Abatement Powers
Section 8.50.230 DECLA_R_ATION OF PROPOSED REUSE
Written Declaration of Intent
Inactive Status
Inactive Status Rescinded for
Section 8.50.240 ADMINISTRATION VARIANCE
Section 8.50.250 VIOLATION_ AND PENALTIES
8.50.251 Right to Enter
8.50.252 Violation Penalties
8.50.253 Requirement to Abate
Section 8.50.260 SEVERABILITY
Section 8.50.270 CONFLICT WITH EXISTING LAWS
to Reuse
Cause
8.50.010. Purpose, Authorityand Implementation. The purpose of this
ordinance is to provide minimum standards for construction, reconstruction,
abandonment. and destruction of all wells in order to: (a) protect
underground water resources, and (b) provide safe water to persons within
the City of Palm Desert. Pursuant to the authority cited in Chapter 13801
(c) of the California Water Code, the Riverside County Health Department
shall enforce the provisions of this ordinance within its jurisdiction.
8.50.020 _ Definitions. Whenever in this ordinance the following terms
are used, they shall have the meanings respectively ascribed to them in this
section:
A. "Abandoned Wells" and "Abandonment" shall apply to a well whose
original or functional purpose and use has been discontinued for a period of
one (1) year and which has not been declared for reuse by the legal owner
with the Department, or a well in such a state of disrepair that it cannot
be functional for its original purpose or any other function regulated under
this ordinance. Exploration holes shall be considered abandoned twenty-four
(24) hours after construction and testing work has been completed.
B. "Agriculture Well" shall mean any water well used to supply water
for irrigation or other agricultural purposes, including so-called "Stock
Wells".
C. "Annular Seal" or "Sanitary Seal" shall mean the approved material
placed in the space between the well casing and the wall of the drilled hole
(the annular space).
D. "Cathodic Protection Well" shall mean any artificial excavation in
excess of 50 feet (50') 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
cathodic protection.
E. "Community Water Supply Well" shall mean any well which provides
water for public water supply systems.
F. "Contamination" shall mean an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to the
public health through poisoning or through the spread of disease.
G. "Cross -Connection" shall mean any unprotected connection between
any part of a water system used or intended to supply water for domestic
purposes and any source or system containing water or other substances that
are not or cannot be approved as safe, pure, wholesome. and potable for
human consumption.
H. "Department" shall mean the Riverside County Department of Health,
Division of Environmental Health Services.
1. "Director" shall mean the Director of Health or his duly authorized
representative.
J. "Distribution System" shall include the facilities, conduits, or
any other means used for the delivery of water from the source facilities to
the customer's system.
K. "Exploration Hole" shall mean an uncased excavation for the purpose
of immediately determining the existing geological and/or hydrological
conditions at the site either by direct observation or other means.
L. "Individual Domestic Well" shall mean any well used to supply water
for domestic needs other than a public water supply system.
M. "industrial Well" shall mean any well used primarily to supply
water for industrial processes and may supply water intentionally or
incidentally for domestic purposes.
N. "Lateral (horizontal) Well" shall mean a well drilled or
constructed horizontally or at an angle with the horizon as contrasted with
the common vertical well and does not include horizontal drains or "wells"
constructed to remove subsurface water from hillside, cuts, or fills.
0. "Monitoring Well" shall mean an artificial excavation by any method
for the purpose of observing, monitoring, or supplying the conditions of a
water bearing aquifer, such as fluctuations in groundwater levels, quality
of groundwaters, or the concentration of contaminants in underground waters.
P. "Person" shall mean any individual, firm, corporation, association,
profit or non-profit organization, trust, partnership, special district, or
governmental agency to the extent authorized by law.
Q. "Pollution" shall mean an alteration of water by waste to a degree
which unreasonably affects: such water for beneficial uses, or facilities
which serve such beneficial uses. "Pollution" may include "contamination".
R. "Public Water System" shall mean:
1. A system regardless of type of ownership for the provision
of piped water to the public for domestic use, if such system has
at least five (5) service connections or regularly serves an
average of at least twenty-five (25) individuals daily at least
sixty (60) days of the year. A public water system includes:
a. Any collection, treatment, storage, and
distribution facilities which are used primarily in
connection with such systems and which are under control
of the water supplier.
b. Any collection or pretreatment storage
facilities which are used primarily in connection with
such system but are not under control of the water
supplier.
S. "Reconstruction" means certain work done to an existing well in
order to restore its production, replace defective casing, seal off certain
strata or surface water. or similar work, not to include the cleaning out of
sediments, surging, or maintenance to the pump or appurtenances where the
integrity of the annular seal or water bearing strata are not violated.
T. "Source Facilities" shall include wells, stream diversion works,
infiltration galleries. springs, reservoirs, tanks. and all other facilities
used in the production treatment, disinfection, storage, or delivery of
water to the distribution system.
U. "Water Well" shall mean any artificial excavation constructed by
any method for the purpose of extracting water from, or injecting water into
the ground. This definition shall not include:
1. Oil and gas wells, or geothermal wells constructed under
the jurisdiction of the California 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.
8_50_030 _ Permit Requirement:
8.50.031. No person or entity, as principal agent, or
employee. shall dig, drill, bore, drive, reconstruct or destroy
(1) a well that is to be, or has been, used to produce or inject
water, (2) a cathodic protection well, or (3) a monitoring well,
without first filing a written application to do so with the
Riverside County Department of Health, Division of Environmental
Health Services, and receiving and retaining a valid permit as
provided herein.
8.50.032. No person or entity shall engage in any
activity subject to the jurisdiction of this ordinance without
first paying all applicable fees to the Department of Health for
each activity in the amounts set forth in Riverside County
Ordinance No. 640 et_seg.
8.50.033. Any person who shall commence any work for which a
permit is required by this Department without having obtained a permit
therefore, shall, if subsequently granted a permit, pay double the
permit fee for such work: provided, however, that this provision shall
not apply to emergency work when it shall be established in writing to
the satisfaction of the Director that such work was urgently necessary
and that it was not practical to obtain a permit before commencement of
the work. In all cases in which emergency work is necessary, a permit
shall be applied for within three (3) working days after commencement
of the work. The applicant for a permit for any such emergency work
shall, in any case, demonstrate that all work performed is in
compliance with the technical standards of 8.50.100 of this ordinance.
8.50.034. An application for a permit to construct a
water well, monitoring well, or cathodic protection well, shall be
submitted to the Department on a form and in a manner prescribed
by the Department, and shall include the following information:
1. A plot plan showing the proposed well location
with respect to the following items within a radius of
five hundred feet (500') from the well:
a. Property lines, including ownership.
b. Sewage or waste disposal systems
(including reserved water disposal expansion
areas), or works for carrying or containing
sewage or waste.
C. All intermittent or perennial,
natural, or artificial bodies of water or
watercourses.
d. The approximate drainage pattern of
the property.
e. Other wells, including abandoned
wells.
f. Access road(s) to the well site.
g. Structures.
2. Location of the property with a vicinity map
including the legal description of the property
(Assessor's Parcel Map/Tract Map Number).
3. The name and state license number of the
general contractor (when applicable). and the C-57
license number of the person responsible for
constructing the well.
4. The proposed well depth, including casing size
and zones of perforations and strata to be sealed off,
if such data can be reasonably projected.
5. The proposed use of the well.
6. Location of underground storage tank(s) within
five hundred feet (500') of the proposed well.
7. Location and classification by visual
inspection of any solid, liquid. or hazardous waste
disposal sites to include municipal and individual package
sewage treatment plants within two thousand feet (2,000') of
the proposed well.
8. Where proposed work is reconstruction or
destruction of a water well, monitoring well, or
cathodic protection well, provide the following
Information if available:
a. Method of reconstruction or
destruction of well.
b. Total depth.
c. Depth and type of casing used.
d. Depth of perforation.
e. Well log.
f. Any other pertinent information.
9. Other information as may be deemed necessary
for the Department to determine if the underground
waters will be adequately protected.
8.50.035. 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.
8.50.040 Conditions of Approval: Permits shall be issued after
compliance with the standards provided and incorporated by reference in this
ordinance. Plans shall be submitted to the Department demonstrating
compliance with such standards. Permits may include conditions and
requirements found by the Department to be reasonably necessary to
accomplish the purpose of this ordinance. Completion bonds, contractor's
bonds, cash deposits, or other adequate security may be required to insure
that all projects are performed completely and properly to protect the
public's health and safety and the integrity of underground water resources.
8.50.050 Conditions_ of Denial: Where the Department determines that
the standards of this ordinance have not been met, it shall deny the
application.
8.50.060 _Expiration or Extension of Permit:
8.50.061. Each permit issued pursuant to this ordinance
shall expire and become null and void if the work authorized
thereby has not been completed within six (6) months following the
issuance of the permit.
8.50.062. Any permit issued pursuant to this ordinance
may be extended at the option of the Department. Each individual
extension granted by the Department shall be for not longer than
one hundred twenty (120) days. In no event shall the Department
grant an extension which would make the total term of the permit
exceed one (1) year. Application for extension shall be made on a
form provided by the Department. The application shall be
accompanied by a fee in the amount set forth in Riverside County
Ordinance No. 640 et seg.
8.50.063. Upon expiration of any permit issued pursuant
hereto, no further work may be done in connection with construction,
repair, reconstruction, or abandonment of a well unless and until a new
permit for such purpose is secured in accordance with the provisions of
this ordinance.
8.50.070 Permit Revocation or Suspension:
8.50.071. A permit issued hereunder may be revoked or
suspended by the Director as hereinafter provided if he determines
that a violation of this ordinance exists, that written notice has
been directed to the permittee specifying the violation, and that
the permittee has failed or neglected to make the necessary
adjustments within fifteen (15) days after receiving such notice.
8.50.072. A permit may be so revoked or suspended by
the Director if he determines at a hearing held for such purpose
that the person to whom any permit was issued pursuant to this
ordinance has obtained the same by fraud of misrepresentation.
8.50.080 Hearings: Any person whose application for a permit has been
denied or whose permit has been suspended or revoked may request a hearing.
The person shall file with the Department a written petition requesting the
hearing and setting forth a brief statement of the grounds for the request.
The Hearing Officer shall be the Director or his designee. At the time and
place set for the hearing, the Hearing Officer shall give the petitioner and
other interested persons, adequate opportunity to present any facts
pertinent to the matter at hand. The Hearing Officer may, when he deems it
necessary, continue any hearing by setting a new time and place any by
giving notice to the petitioner of such action.
At the close of the hearing, or within thirty (30) working days
thereafter, the Hearing Officer shall order such disposition of the
application or permit as he has determined to be proper, and shall, by
postage prepaid, registered mail, notify the petitioner of his final
determination.
88.50.090 Licensing and Registration: No person shall engage in any
activity listed in Section 3 of this ordinance unless he is in compliance
with the provisions herein and possesses a valid C-57 license in accordance
with the California Contractor's State License Law (Chapter 9, Division 3 of
the Business and Professions Code), or possesses a license appropriate to
the activity to be engaged in. Such person shall register annually with the
Department and pay the registration fee specified in Riverside County
Ordinance No. 640 et sec. and secure a city business license as required by
Palm Desert Municipal Code Section 5.04.020 prior to commencing any activity
regulated by this ordinance.
8.50_100 Standards: Standards for the construction, reconstruction,
abandonment, or destruction of wells shall be the standards recommended in
the Bulletins of the California Department of Water Resources as follows:
Bulletin No. 74-81 Chapter II Water Wells, and Bulletin No. 74-90
(Supplement to Bulletin 74-81) as these Bulletins may be amended by the
State from time to time. The content of said Bulletins is hereby
incorporated by reference with the following additions or modifications:
Bulletin No. 74-90 Monitoring Well.
1. Exploration holes for determining immediate geological
or hydrological information relating to onsite sewage
disposal systems, liquefaction studies, hazardous
materials investigations, or geotechnical investigations
for construction purposes, such as foundation studies,
are exempt from the monitoring well destruction
standards of Part III Bulletin 74-90, provided that a
zone of low permeability overlying sediments with water
bearing capabilities has not been penetrated. For the
above -listed cases, the excavation or boring shall be
backfilled with native soils immediately after the
investigatory work has been completed. Where a zone of
low permeability has been penetrated, the hole shall be
abandoned as specified in Bulletin 74-90, Part III.
When the excavation or boring is to be left open and
unattended (such as at the end of a work shift), the
person in charge of the construction shall take all
necessary precautions to insure that the excavation has
not created a public health or safety hazard.
8.50.110 Lateral (Horizontal) Well Standards: The location and design
of lateral wells shall be in accordance with the standards recommended in
the State of California, Department of Health Services' Publication:
Requirements for Use of Lateral Wells in Domestic Water Systems as such
publication may be amended by the State from time to time. The content of
said publication is hereby incorporated herein by reference.
8_50.120 _Required Inspection of Well Site: A site inspection by the
Department is required prior to issuance of a permit for a well that is to
be part of a public water system or other wells that possess a high
potential for contamination as determined by the Director. In the event
that the well is to serve a system under the direct jurisdiction of the
State Department of Health Services, then, that agency may perform the site
inspection and notify the Director of its approval or disapproval.
8.50.130 Required Inspection of Wells:
8.50.131. A well inspection shall be requested of the
Department at least two (2) working days in advance of the
following activities:
1. For individual domestic wells,
agricultural wells, cathodic protection wells,
and monitoring wells:
a. The filling of the annular space
of conductor casing.
b. Immediately after the
installation of all surface
equipment and (for individual
domestic wells) after the well has been disinfected and
purged.
2. For community wells:
a. All community water wells shall
be inspected at the frequencies
stated in subsection 1. of this
section for individual domestic
water wells. In addition, a site
inspection prior to issuance of a
permit is required in accordance
with 8.50.120 of this ordinance.
3. For all wells:
a. Any other operation or condition
for which a special inspection is
stipulated on the well permit.
4. For well destruction (all wells):
a. During the actual sealing of the
well.
b. Immediately after all well
destruction work has been completed.
8.50.132. Upon failure to notify the Department of the
filling of the annular space, approved geophysical tests including
Sonic Log and Gamma Ray Log shall be conducted at the owner's
expense, to substantiate that an annular seal has been properly
installed.
8.50.133. If the enforcement agency fails to appear at
the well site at the time designated for sealing, the well may be
sealed without the presence of the enforcement agency. However,
the driller shall seal the well in accordance with the standards
of this ordinance and the permit in the absence of any inspection.
8_50_140D i s_charge of Drilling.. ids* Drilling fluids and other
drilling materials used in connection with cathodic protection, monitoring
or water well construction, shall not be allowed to discharge onto streets
or into waterways, and shall not be allowed to discharge to the adjacent
Property unless a written agreement with the owner(s) of the adjacent
property is obtained: provided, however, that such fluids and materials are
cleaned up and removed within thirty (30) days after completion of the well
drilling and there is no violation of waste discharge regulations. This
section shall not operate to prohibit the surface discharge of contaminated
groundwater provided such discharge is carried out in compliance with a
lawful order of a regional water quality board.
8.50.150 General Location of Water Wells: It shall be unlawful for
any person or entity to drill, dig, excavate, or bore any water well at any
location where sources of pollution or contamination are known to exist,
have existed. or otherwise substantial risk exists that water from that
location may become contaminated or polluted even though the well may be
properly constructed and maintained. Exceptions to the above include the
following:
1. Extraction wells used for the purpose of extracting and treating
water from a contaminated aquifer.
2. Wells from which water is to be treated to meet all State
Department of Health standards and requirements.
3. Wells from which water will be blended with other water sources
resulting in water that meets all State Department of Health standards and
requirements.
Every well shall be located an adequate distance from all potential
sources of contamination and pollution as follows:
Sewer 50-foot minimum
Watertight septic tank 100-foot minimum
Subsurface sewage leach line or leach field 100-foot minimum
Cesspool or seepage pit 150-foot minimum
Animal or fowl enclosures 100-foot minimum
Any surface sewage disposal system
discharging 2,000 gal/day or more 200-foot minimum
Minimum distances from other sources of pollution or contamination
shall be as determined by the Department upon investigation and analysis of
the probable risks involved. Where particularly adverse or special hazards
are involved as determined by the Health Department, the foregoing distances
may be increased or specially approved means of protection, particularly in
the construction of the well. may be required as determined by the
Department.
8.50.160Well Log : Any person who has drilled, dug, excavated, or
bored a well subject to this ordinance, shall within thirty (30) days after
completion of the drilling, digging, excavation, or boring of such well,
furnish the Department with a complete log of such well on a standard form
provided by the State Department of Water Resources. This log shall include
depths of formations, character, size distribution, i.e. clay, sand. gravel,
rocks and boulders, and color for all lithological units penetrated, the
type of casing, pump test results when applicable, and any other data
required by the Department. The Department may require inspection of the
well log during any phase of the well's construction and where necessary to
achieve the purposes of this ordinance, any required modification of the
work as originally planned.
Well logs furnished pursuant to this ordinance shall not be made
available for inspection by the public, but shall be made available to
governmental agencies for use in making studies; provided, that any report
be made available to any person who obtains written authorization from the
owner of the well.
8.50.170 Water Well Surface Construction Features:
8.50.171. A check valve shall be provided on the pump
discharge line adjacent to the pump for all water wells.
8.50.172. An unthreaded sample spigot shall be provided
on the pump discharge line of any water well used as a public
water supply adjacent to the pump and on the distribution side of
the check valve.
8.50.173. Ali community water supply wells and
individual domestic wells shall be provided with a pipe or other
effective means through which chlorine or other approved
disinfecting agents may be introduced directly into the well. The
pipe shall be extended at least four inches (41') above the
finished grade and shall have a threaded or equivalently secured
cap on it.
8.50.174. A flow meter or other suitable measuring
device shall be located at each source facility and shall
accurately register the quantity of water delivered to the
distribution system from all community water supply wells serving
a public water supply system.
8.50.175. An air -relief vent, when required, shall
terminate downward, be screened, and otherwise be protected from
the entrance of contaminants.
8.50.176. Agricultural wells equipped with chemical
feeder devices for fertilizers, pesticides, or other nonpotable
water treatment, shall be furnished with an approved backflow
prevention assembly or a sufficient air gap to insure that a
cross -connection with the well does not exist.
8_ .50_180_Disinfection of Water Wells: Every new, repaired, or
reconstructed community water supply well or individual domestic well, after
completion of construction, repair or reconstruction, and before being
placed in service, shall be thoroughly cleaned of all foreign substances.
The well gravel used in packed wells, pipes, pump, pump column, and all well
water contact equipment surfaces, shall be disinfected by a Department
approved method. The disinfectant shall remain in the well and upon all
relevant surfaces for at least twenty-four (24) hours. Disinfection
procedures shall be repeated until microbiologically safe water is produced.
as set forth in the California Code of Regulations, Title 22, Domestic Water
Quality monitoring.
8.50.190 Water_ Quality.Standards:
8.50.191. Water from all new, repaired, and
reconstructed community water supply wells, shall be tested for
and meet the standards for microbiological, general mineral,
general physical, chemical, and radiological quality in accordance
with the California Code of Regulations, Title 22, Domestic Water_
_ualiand Monitoring.
8.50.192. In addition to the microbiological standards
required in Section 8.50.180 of this ordinance, all individual domestic
water wells shall be tested for and meet the nitrate, fluoride, and
total dissolved solids (TDS) standards in accordance with the
California Code of Regulations, Title 22, Domestic Water _Quality and
Monitoring.
8.50.193. At the discretion of the Director, for the
purpose of protecting the health and safety of the public, any
new, repaired, or reconstructed individual domestic water well, or
community well, shall be tested for and must meet, any or all
additionally specified Water Quality Standards in accordance with
the California Code of Regulations. Title 22, Domestic Water Quali y_
and Monitoring. Exceptions would be community well water to be either
treated or blended with other water sources to meet State Department of
Health Services standards and requirements. Said treatment or blending
must be approved by the State Department of Health Services.
8.50.200 Private Well Evaluations: All individual domestic water
wells for which the owner requests a Department evaluation of water quality,
shall be tested for Water Quality Standards for individual domestic water
wells as provided for in 8.50.180 of this ordinance. The Department shall
perform a well -site inspection and conduct the microbiological sampling
portion of the evaluation. Any additional testing, including any pump test
to determine the yield quantity of the well, shall be performed by state
certified individuals at the expense of others.
The Department shall collect an evaluation service fee in accordance
with Riverside County Ordinance No. 640 et seq.
8.50.210 Well Abandonment: If after thirty (30) days of abandonment,
the owner has not declared to the Department a proposed reuse of the well
per 8.50.230 of this ordinance, and the well has been found by the
Department to be a hazard, whereby its continued existence is likely to
cause damage to ground water or a threat to public health and safety, the
Department shall direct the owner to destroy the well in accordance with
8.50.100 of this ordinance.
Upon removal of the pump, the casing shall be provided with a threaded
or equivalently secured watertight cap. The wall shall be maintained so
that it will not be a hazard to public health and safety until such time as
It is properly destroyed.
8.50.220 Public Nuisance Abatement: Where an abandoned well has been
identified and the owner fails to comply with the Department's order to
destroy the well, such well may be declared a public nuisance pursuant to
Government Code Section 50231, and thereafter abated pursuant to Title 5,
Division 1, Article 9 of the California Government Code. Where abatement is
undertaken at the expense of the County, such cost shall constitute a
special assessment against the parcel and shall be added to the next regular
tax bill as enumerated under Government Code Section 50244 et sue.
8.50.230 Declaration of Proposed_Reuse: Where a well is unused or its
disuse is anticipated, the owner may apply to the Department, in writing,
stating an intention to use the well again for its original or other
approved purpose. The Department shall review such a declaration and may
grant an exemption from certain of the provisions of 8.50.210 of this
ordinance, provided no undue hazard to public health or safety is created by
the continued existence of the well. Thereafter, an amended declaration
shall be filed annually with the Department. The original or subsequent
exemption may be terminated for cause by the Department at any time.
8.50.240 Administrative Variance: Subject to approval by the State
Department of Health Services, the Director may grant an administrative
variance of the provisions of this ordinance where documentary evidence
establishes that a modification of the standards as provided herein, will
not endanger the general public health and safety, and strict compliance
would be reasonable in view of all the circumstances.
8.50.250 Violation and Penalties:
8.50.251. The Director, or his designee, may at any and
all reasonable times enter any and all places, property,
enclosures, and structures for the purpose of conducting
examinations and investigations to determine whether all
provisions of this ordinance are being complied with.
8.50.252. It shall be unlawful for any person, firm,
corporation, or association of persons, to violate any provisions
of this ordinance or to violate the provisions of any permit
granted pursuant to this ordinance. Any person, firm.
corporation, or association of persons, violating any provision of
this ordinance or the provisions of any permit granted pursuant to
this ordinance, shall be deemed guilty of an infraction or
misdemeanor as herein specified. Such person, firm, corporation,
or association of persons shall be deemed guilty of a separate
offence for each and every day or portion thereof during which any
violation of any of the provisions of this ordinance or the
provisions of any permit granted pursuant to this ordinance, is
committed, continued, or permitted.
Any person, firm, corporation, or association of persons so
convicted shall be: (1) guilty of an infraction offense and
punished by a fine not exceeding one hundred dollars ($100.00) for
a first violation: (2) guilty of an infraction offense and
punished by a fine not exceeding two hundred dollars ($200.00) for
a second violation at the same site. The third and any additional
violations on the same site shall constitute a misdemeanor offense
and shall be punishable by a fine not exceeding one thousand
dollars ($1,000.00) or six (6) months in jail, or both.
Notwithstanding the above, a first offense may be
charged and prosecuted as a misdemeanor. Payment of any penalty
herein shall not relieve a person, firm, corporation, or
association of persons from the responsibility for correcting the
violation.
8.50.253. Anything done, maintained, or suffered in
violation of any of the provisions of this ordinance, is a public
nuisance dangerous to the health and safety of the public and may
be enjoined or summarily abated in the manner provided by law.
Every public officer or body lawfully empowered to do so, shall be
authorized to abate said nuisances.
8.50.260 Severability: if any provision, clause, sentence, or
paragraph of this ordinance, or the application thereof, to any person,
establishment. or circumstances, shall be held invalid, such invalidity
shall not affect the other provisions of this ordinance which can be given
effect without the invalid provision or application, and to this end, the
provisions of the ordinance are hereby declared to be severable.
8.50.270 Conflict with Existing Laws: The provisions of any existing
ordinance or State or Federal law affording greater protection to the public
health or safety, shall prevail within this jurisdiction over the provisions
of this ordinance and the standards adopted or incorporated by reference
hereunder.
SECTION 2: PUBLICATION. The city clerk shall certify to the passage
and adoption of this ordinance and shall cause the same to be published and
circulated once in a newspaper of general circulation, printed, published
and circulated in the City of Palm Desert, California, and the same shall be
in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pa I m
Desert, California, this _ 22ndday of_ March 1990, by
the following vote:
AYES: BENSON, KELLY, SNYDER, WILSON, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
BUF CRITES, MAYOR
C1 OF PALM DESERT, CALIFORNIA
ATTEST:
HEILA R. GILLIGA , CITY CL
City of Palm Desert, Calif is