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HomeMy WebLinkAboutAGENDA REPORT 1990 0620 CC REG ITEM 08SBERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr Councilmember LILLIAN KELLERMAN City Clerk MOORPARK O• City Council IN./leeiing of • • �w`,1 M E M O 'R A N D U M The Honorable City Council Kenneth C. Gilbert, Director of Public DATE: June 12, 1990 (Council Meeting 6- 20 -90) SUBJECT: Groundwater Conservation Program OVERVIEW ITEM wor STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer This presents for consideration certain draft documents which, if adopted, would enable the County of Ventura to continue to administer a groundwater conservation program within the City of Moorpark. DISCUSSION A. Background The attached letters from the County of Ventura Public Works Agency (Exhibit "A "), discusses the need to refine existing well regulatory efforts. B. Program Description The County of Ventura Public Works Agency would like to continue to provide well inspection services throughout the County. But in order to continue to provide such-services within the boundaries of any city, it will be necessary for each of those cities to amend their existing (or adopt new) provisions pertaining to such matters. The well regulations being recommended by the County are listed below. These provisions include a Service Agreement which will enable the County to work within each of the cities being served. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Water Wells June 6, 1990 Page 2 C. Documents Attached are copies of the draft documents supplied by the County Public Works Agency. They are identified as follows: Exhibit "B ": Groundwater Conservation Ordinance Exhibit "C": Resolution Establishing Well Inspection Fees Exhibit "D ": Agreement with the County of Ventura to Provide Well Inspection Services D. Participation All of the Cities in the County have been asked by the Ventura County Public Works Agency to participate in this new program. Staff has been advised that each of those City are now at various stages of their review and /or adoption of the program. D. Fiscal Impact The cost of the program will be re- couped by the fees paid by applicants as set forth in the resolution mentioned above. The program will be administered by the County of Ventura under the terms of the Service Agreement mentioned above. There will be no net cost to the City of Moorpark for the on- going administration of this program. As the owner of the water wells at the Arroyo Vista parksite, the City of Moorpark would be subject to the provisions of this new program as they would apply to those facilities. RECOMMENDATION Direct staff to prepare final, documents and present same for approval and /or adoption. -PUBLIC WORKS AGENCY County Ofi veibxa Manager — Administrative Services Paul W. Ruffin July 17, 1989 Mr. Richard Hare Deputy City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93011 EXHIBIT A 1of4 Director Arthur E. Goulet Deputy Directors Ron Brazill Real Property Services Al F. Knuth Transportation T. M. Morgan Engineering Services G. J. Nowak Flood Control/Water Resources Subject: REGULATION OF CONSTRUCTION AND DESTRUCTION OF WATER WELLS, MONITORING WELLS, ENGINEERING TEST HOLES AND CATHODIC PROTECTION WELLS 4 Dear M are: Although State mandated ordinances regulating well construction have been in effect throughout Ventura County for nearly 20 years, and State officials point to Ventura County as a model example for other California counties to follow in well ordinance matters, it has recently come to our attention that no formal service agreement exists to allow the Public Works Agency to enforce the well ordinance in the cities. This letter is to provide background information on the well ordinance and request that formal agreements be reached allowing the County Public Works Agency to enforce the State well standards through a well ordinance in each city. During the mid- 1960's the California Department of Water Resources conducted a study of Ventura County ground water basins to determine requirements for the effective sealing of wells to be constructed or destroyed. Bulletin 74 -9, "Water, Well Standards, Ventura County," was published in 1968. Ventura County and all cities were required by the State to adopt an ordinance regulating the sealing of wells throughout the County. County Ordinance 2372 was adopted August 31, 1970, and soon after, all cities adopted ordinances patterned after the County's. Permits were issued by the County Environmental Health Department (EHD) and included sealing conditions determined by the Ground Water Section of the Public Works Agency. EHD sanitarians served as inspectors to observe sealing material placement when water wells were drilled and destroyed. Because service agreements between the EHD and the cities were it effect, the enforcement of well ordinance requirements for the deg. -.ruction of abandoned wells by EHD was proper, R E C E f v 800 South Victoria A,e e, V +w rci, CA 93009 JUL 2 0 9 EXHIIBIT A Mr. Richard Hare - 2JtQ1he 17, 1989 Three major changes have occurred in the past few years which now require action. First, in August 1985, administration of the Well Ordinance became a function of the Public Works Agency, Flood Control and Water Resources Department (PWA). Since that time, PWA has issued permits and inspected all well work throughout the entire County pursuant to informal agreements and understandings. This function is not covered by existing City- County service agreements. Second, much current Well Ordinance activity involves the drilling or destroying of monitoring wells at automotive service stations or other underground fuel storage tank sites. The State legislature has included these types of monitoring and exploratory wells with water wells for well sealing requirement purposes. Nearly all gasoline stations are within incorporated cities. Therefore, many more well permits are now being issued for locations within cities. Third, Assembly Bill 3127 (attached) requires that each county and each city in California adopt an ordinance controlling well construction and destruction under their revised standards not later than January 15, 1990. Although these activities have been controlled since December 1970 through the County Well Ordinance, since August 20, 1985, this has not been through a legally enforceable agreement. To ensure uniform enforcement of well standards throughout the entire County, which we consider essential to protect ground water resources, PWA would like to continue issuing permits and determining sealing requirements for Well Ordinance activity as the County has done for many years. Our Counsel indicates that the best way for the PWA to provide this service is for us to enter into a service agreement (general or specific) with each city, under which the Ground Water Section of PWA would continue to administer the entire program, including collection of fees to cover all costs. It would also be necessary for the city to adopt an updated well ordinance to comply with AB3127 by January 15, 1990. Hopefully, this ordinance would be the same as the County's (attached), except that the appropriate City would be substituted for all references to "the unincorporated area." Current well permit fees are shown in the attached fee resolution which is included with the ordinance. Other specific differences could be included if deemed appropriate by either party. Because the County believes that this is an important matter which must be expedited, we are drafting service agreements and a standard well ordinance which will be sent to each city for review and comment as soon as possible. In the interim, if you have any questions about our request, or ideas which might expedite this process in your city, please contact John Turner of the :'round Water Section at 654 -2025. Very truly yours, 7J. Nowak eputy Director of Public Works ood Cont 1 and Water Resources Department Enclosures: Ordinance 3809 Assembly Bill 3127 LH /fm /W W -A /cities ---==' U B---1 C -W,0 R -K-S- - -A GE N C Y- caxnty of wntum Manager — Administrative Services Paul W. Ruffin Dec, .5/ / Mr. Richard Hare Deputy City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 9307.1 LAPR2 g0 �,RK EXHIBIT A 3of4 Director Arthur E. Goulet Deputy Directors Ron Brazill Real Property Services Al F. Knuth Transportation T. M. Morgan Engineering Services G. J. Nowak Flood Control/Water Resources Subject: TRANSMITTAL OF MODEL CITY GROUNDWATER CONSERVATION ORDINANCE, FEE SCHEDULE AND SERVICE AGREEMENT Dear Mr. Hare: During July 1989, a letter was sent to each city providing background information on the ordinance regulating the drilling, modification, and destruction of wells in Ventura County. A copy of Ordinance 3809 and a copy of Assembly Bill 31 27 requiring each City to adopt a well ordinanc=e in conformance with State standards by January 15, 1990, was also attached. Shortly thereafter, the State Water Resources Control Board widely distributed a proposed Model Well -)rdinance. As you recall, our July 1989 letter, stressed the need for the County to enter into a formal agreement with each city for the County to continue administration of the well ordinance within the incorporated areas. We have existing staff with the expertise necessary to administer the entire program and believe that the proposed arrangement would result in more uniform enforcement of State - mandated well standards in Ventura County. Our Department, with the assistance of County Counsel, has recently reviewed and modified our well ordinance _and fee resolution to conform with the changing nature of drilling techniques, State pollution monit,)ring requirements, new State well standards, and legal requirements for due process. We have also developed a draft city wei l ordin<�nce almost identical to the modified County ordinance ai,;l fee resolution and a draft service agreement. We ;ire 01 the opinion that this well - ordinance is in conformance with Mate' requirements. To confirm this, we have recently sent a crop, of our ordinance to the State Water Resources Control Hoard for their review and opinion. Tf any changes to the ordinance are ieOrned necessary to bring local ordinance., into con formance, w will contact you. These documents provide' for the County i;> admiriir� ter the entire program including collection of fees ade(l to cover the entire cost. EXHIBIT A 4of4 Please review the enclosed items as soon as possihlc so that they can he finalized for your City to adopt them prior tc, the January 990 deadl i n mandated by St ,te Assemhl y R i 11 31 27. If you have questions regarding the proposed City well ordinance and fee resolution, please cell Mr. John Turner of the Water Resources and Development Department at 654- 202ri. ,John and his staff will he happy to work with you to modify the proposed City well ordinance, fee resolution and <,ervice agreement and to help you present this information to ,,,_>ur Council. very truly yours, �. hn C. Crow Deputy Director of Public Works Water Resources and Development Department L H /,7T /f w Attach ments W W- R /ord -moor EXHIBIT B 1 of 10 MODEL CITY GROUNDWATER CONSERVATION ORDINANCE Sec. 1 - PURPOSE - It is the purpose of this Ordinance to provide, in cooperation with the County of Ventura, for the construction, maintenance, operation, use, repair, modification, and destruction of wells within the City in such a manner that the groundwater of the County of Ventura will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the County. Sec. 2 - DEFINITIONS - For the purposes, of this Ordinance, unless the context otherwise requires: (a) "Abandoned well" means any of the following: (1) a well, other than a monitoring well, which has been in continuous disuse for one year or more, unless such disuse is attributable to removal of the pump for repair or replacement and efforts to repair or replace the pump are being diligently pursued; (2) a monitoring well from which no monitoring data has been taken for a period of three years; (3) a well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this Article; or (4) an engineering test hole 24 hours after construction and testing work has been completed on the site. (b) "Cathodic protection well" means any artificial excavation constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground. (c) "City" means the City of (d) "City inspector" means a person authorized by the Director to inspect all work for which a permit is issued pursuant to this Ordinance. (e) "Community water supply well" means any water well which provides water for public water systems as defined in Section 4010.1(e) of the Health and Safety Code. (f) "Completion operation" means any of the following work conducted after artificial excavation: (1) placement of a well casting, (2) gravel packing; (3) sealing; K372/1 EXHIBIT B 2 of 10 (4) perforation of a well casing; or (S) any other work listed on a permit issued pursuant to this Article as being a required part of a completion operation. (g) "Contamination" means an alteration of waters by waste, salt water intrusion or other material to a degree which creates a hazard to the public health through actual or potential poisoning or through an actual or potential spreading of disease, (h) "Department" means the City's Department. (i) To "destroy" a well means to fill it (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the interchange of water between any water - bearing formations penetrated. (�) "Director" means the Director of the Department or his or her duly authorized representative. (k) "Engineering test hole" means an uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means. (1) "Individual domestic well" means any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation. (m) To "inspect" a well means to personally witness, record and certify work pursuant to a condition or conditions of a valid permit. (n) To "modify" or to "repair" a well means to replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a Liner in the well, or to change the depth of the well. (o) "Monitoring well" means a cased or uncased well used exclusively for monitoring or sampling the conditions of a water- bearing aquifer, such as water pressure, depth, movement or quality. (p) A person "owns" a well if such person is the owner of the land on which the well is located. (q) "Person" means any natural person and any artificial person including any corporation, partnership or governmental entity. (r) "Pollution" means an alteration of waters by waste, salt water intrusion or other material to a degree which adversely affects either the suitability of such waters for beneficial uses or the facilities employed in conjunction with such beneficial uses. (s) A person "possesses" a well if such person is in actual possession of the well or has is ea gal right to the possession thereof. K372/2 EXHIBIT B 3 of 10 (t) "Registered inspector" means a professional engineer or registered geologist currently registered in California and approved by the Director to inspect drilling and sealing operations for engineering test holes and monitoring wells. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one of the aforementioned professionals shall be deemed qualified to perform required inspection(s) provided one of the aforementioned professionals reviews the well inspection record and assumes responsibility for the accuracy and completeness of the work by signing the well inspection record. (u) "Water well" means any artificial excavation constructed by any method for the purpose of determining the availability of water, extracting water from or injecting water into the underground, except the following: (1) oil wells, gas wells, and geothermal wells subject to regulation under the provisions of Division 3 (commencing with Section 3000) of the Public Resources Code; (2) wells used exclusively for the purposes of dewatering excavation during construction or of stabilizing hillsides or earth embankments; and (3) seepage pits approved for use under permit from the Department. (v) "Well" includes a cathodic prctection well, engineering test hole, monitoring well or water well... Sec. 3 - PERMIT REQUIRED - No person shall, within the City, construct, repair, modify or destroy any cathodic protection well which is over 50 feet deep, any engineering test hole which is over 50 feet deep, any monitoring well, or any water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the Department as provided in this Ordinance. The Director may issue an annual permit for one or more engineering test holes which are over 50 feet deep and are inspected by registered inspectors. Sec. 4 - APPLICATION FOR PERMIT - Applications for permits shall be made to the Department, and shall include the following: (a) A plot plan indicating the exact location of the well with respect to the following items within a radius of 500 feet of the well: (1) approximate property lines, (2) sewage disposal systems or works carrying or containing sewage; (3) all intermittent or perennial, natural or artificial water bodies or water courses; (4) drainage pattern of the property; K372/3 EXHIBIT B 4 of 10 (5) existing wells of all types, regardless of whether they are subject to regulation under this Ordinance; and (6) access roads. (b) Location of property. (c) Name of the person who will perform the work on the well. (d) Name and affiliation of registered inspector (monitoring wells and engineering test holes only). (e) Proposed depth of well. (f) Use of well. (g) Proof satisfactory to the Director that the person who will construct the well is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractor's License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code). (h) A certificate satisfying the requirements of Section 3800 of the Labor Code (Worker's Compensation). (i) Such other information as the Director may deem necessary in order to determine whether underground waters will be protected. Permits shall be issued or denied within 15 days after the day on which the completed applications are received by the Department. Sec. 5 - PERMIT REQUIREMENTS AND EXPIRATION - Permits shall require compliance with all applicable standards set forth in Section 10. A permit to be valid must comply with all other applicable provisions of law. A permit shall expire six months from the date of issuance unless it is extended by the Director. The Director may grant one or more extensions of a permit, each for a period not to exceed three months, if the permittee proves to the satisfaction of the Director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering test holes shall expire one year from the date of issuance. Sec. 6 - TIME TO COMPLETE PERMITTED WORK AND SATISFY PERMIT REQUIREMENTS - The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit. Sec. 7 - GUARANTEE OF PERMITTED WORK - Prior to the issuance of a permit or any extension thereof, the applicant may be required to post with the Department a cash deposit or bond to guarantee compliance with the provisions of this Ordinance and the applicable permit, such cash or bond to be in an amount deemed necessary by the Director to remedy improper work, but not in excess of the total estimated cost of the permitted work. K372/4 EXHIBIT B 5 of 10 Sec. 8 - LICENSE AND REGISTRATION REQUIRED OF PERSONS PERFORMING PERMITTED WORK - No person shall perform any work, either on such person's own property or on the property of another, for which a permit is required by Section 3 unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) and is registered with the Department to perform work permitted by this Article. Licensed water well contractors (Class C -57) registered with the Department may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C -61) registered with the Department may only perform permitted work on engineering test holes. Sec. 9 - SUSPENSION OR TERMINATION OF PERMIT - Any permit issued pursuant to Section 3 is subject to suspension or termination prior to expiration as provided in this Section. (a) Grounds. Any of the following occurrences constitutes a ground for termination of the permit: (1) suspension, revocation or termination of the license, required by Section 8, of the person who is to perform the work; or (2) failure of such person to comply with any provision of Section 3800 of the Labor Code; or (3) failure of such person or of any person who owns or possesses the well to comply with any provision of this Ordinance or any permit issued pursuant thereto. (b) Notice. To initiate proceedings to terminate a permit, the Director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termination, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in termination of the permit. (c) Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing,- whether there has been such an occurrence. The determination of the Director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If the determination is that there has been such an occurrence, the Director shall terminate the permit; provided, however, that the Director shall. have the discretion not to terminate the permit if the Director determines that the occurrence was not willful, is not ongoing, and is o, likely to recur. K372/5 EXHIBIT B 6 of 10 (d) Prehearing Suspension. The Director may suspend a permit prior to the hearing when the Director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The Director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the Director makes a final determination based upon the hearing; provided, however, that the Director may lift the suspension at any earlier time at which the Director determines that it is no longer necessary. This Section shall not deprive the Director or the City of the authority to pursue any other action or remedy otherwise available to them under the law. Sec. 10 - STANDARDS - Standards for the construction, repair, modification or destruction of wells shall be those set forth in the California Department of Water Resources Bulletin No. 74 -1 entitled "Cathodic Protection Well Standards," Bulletin No. 74 -9, Chapter IV, entitled "Water Well Standards - Ventura County" and Bulletin No. 74 -81, Chapter II, entitled "Water Well Standards - State of California," as supplemented or revised from time to time by the California Department of Water Resources, with the foLlowing exceptions: (a) The Director may adopt additional or more stringent standards to be applicable in any or all zones of the City as delineated in aforementioned Bulletin No. 74 -9 (b) All community water supply wells and individual domestic wells shall be provided with a pipe or other ef17ective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height equal to the pump slab or at least four inches above the finished grade, shall be kept sealed, and shall be provided with a threaded or equivalently secure cap. Equivalent protection for excluding contamination from the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16 mesh screen to prevent i.ontaminating material from entering the vent. (c) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of the aforementioned Bulletin No. 74 -81. (d) In Sealing Zone III as described in the aforementioned Bulletin No. 74-9, no permit shall be issued pursuant to Section 3 for the construction, repair or modification of any well which is perforated in the Oxnard aquifer zone and /or the Mugu aquifer unless it is demonstrated to the satisfaction :;I the Director either that: (1) there is no substantial possibility that use of the well will cause overdraft or seawater intrusion into an aquifer; or K372/6 EXHIBIT B 7of10 (2) all of the following conditions apply: (i) the well is necessary to carry out seawater intrusion control programs and projects; (ii) the well has a casing diameter no greater than six inches; (iii) the pump will have no more than five horsepower; (iv) extraction will not exceed ten acre feet per year; and (v) the well will be used only for domestic purposes. (e) Engineering test holes greater, than 50 feet deep shall be destroyed immediately upon completion of testing by complete filling and /or sealing of the borehole in accordance with criteria established by the Director. The Director may waive complete sealing if the permittee demonstrates to the Director's satisfaction that the purpose of this Ordinance as set forth in Section 1 will be satisfied. Sec. 11 - LOG OF WELL - Any person who has performed any work for which a permit is required by Section 3 and which involves drilling, digging, excavating or boring of a well shall, within 30 days of completion of such work, submit to the Department an accurate and complete well log on forms satisfactory to the Director. In areas for which the Director deems the available subsurface information to be insufficient, the permit may require any person performing a completion operation to submit a well log prior to commencement of the completion operation. A well log shall include all of the following: (a) a detailed record of the boundaries, character, size, distribution and color of all lithologic units penetrated: (b) the type and size of well casing (c) the location of perforations and sealing zones; (d) reports on the quantity and quality of groundwater (if available); and (e) any other data required by the Director in the permit conditions. Sec. 12 - WELL INSPECTION REPORT - Any registered inspector who has inspected any work pursuant to conditions of a permit required by Section 3 which involves drilling, digging, excavating or boring a well shall, within 30 days of completion of such work, submit to the Department an accurate and complete well inspection report on forms satisfactory to the Director. A well inspection report shall include all of the following (a) permit number; (b) type and volume of sealing material and depth of seal; (c) diameter of borehole and well casing in sealing zone; (d) method of placement (if grout pipe include number and length of sections); (e) confirmation that casing was ripped or perforated (destruction only); (f) conditions which may have caused sealing to be less than satisfactory; K372/7 EXHIBIT B 8 of 10 (g) date sealed; (h) an opinion as to whether the well sealing operation was satisfactory or unsatisfactory certified by signature of the registered inspector; and (i) any other data required by the Director in the permit conditions. Sec. 13 - CORRECTIVE ACTIONS - Any person who owns a well and any person who is in possession of a well may be required to take corrective action with respect to the well as provided in this Section. (a) Grounds. Any of the following occurrences constitutes a ground for ordering corrective action: (1) maintenance, operation or use of the well in a manner that will cause or contribute to, or run a substantial risk of causing or contributing to, the pollution or contamination of the groundwater; or (2) construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this Ordinance. (b) Notice. To initiate proceedings to order corrective action, the Director shall send written notice to the person who owns the well or the person in possession of the well or both of them. The notice shall briefly describe the suspected occurrence which constitutes a ground for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence or that the proposed corrective action is inappropriate, and shall state that failure to appear and present such evidence may result in an order requiring such person to take some or all of the proposed corrective action. (c) Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there has been such an occurrence, and, if so, whether the proposed corrective action is appropriate. The determination of the Director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. (d) Order. If the determination is that there has been such an occurrence and that some or all of the proposed corrective action is appropriate, the Director may issue and serve upon the person or persons who were served with notice of the heating a written order requiring such appropriate corrective action. the order shall state a deadline for K372/8 EXHIBIT B 9of10 commencing the corrective action if such action is to be ongoing and shall state a deadline for completing the corrective action if such corrective action is not to be ongoing. The order shall further state that, if the corrective action is not taken in compliance with the order, such action may be taken by the County at the expense of the person served with the order and, in addition, such person may be subject to criminal prosecution (e) Compliance. Any owner or possessor of the well who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing and complete every corrective action described therein as not being ongoing. Any owner or possessor of the well served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or possesses the well, continue to take every corrective action described in the order as ongoing, until such time as either the well is destroyed pursuant to this Ordinance or the Director states in writing that such ongoing corrective action is no longer necessary. Sec. 14 - DESTRUCTION OF ABANDONED WELLS - No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well unless either such well has been destroyed pursuant to this Ordinance or a current certificate of exemption has been issued for such well pursuant to Section 15. Sec. 15 - CERTIFICATE OF EXEMPTION - Any person who owns or possesses a water well or monitoring well which is abandoned or about to become abandoned but who intends to use such well again may apply to the Director, in a form satisfactory to the Director, for a certificate of exemption from the requirement that such well be destroyed. If the Director determines from such application that exemption from the requirement that the well be destroyed would not result in Pollution or contamination of groundwater and would not create a hazard to health or safety, the Director shall issue such' a certificate of exemption. A certificate of exemption shall expire three years after issuance and may be terminated by the Director at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of groundwater or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect: to a well in the same manner as the original certificate. Sec. 16 - FEES - The City Council may, by resolution, establish fees for the processing of any application for approval as a registered inspector, for registration with the Department pursuant to Section 8, or for a permit, extension of a permit, or certificate of exemption pursuant to this Ordinance. The payment of such fee, if any, established by such resolution shall accompany the application to which it pertains. If the application is withdrawn before issuance of the permit, the Department shall compute the cost to the City of processing the application up to that point in accordance with the City's standard cost accounting procedures and, of such cost is less than the amount of the fee paid, the difference shall be refur:ded to t_he applicant. K372/9 EXHIBIT B 10 of 10 Sec. 17 - INSPECTION - The Director and his or her City 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 Ordinance is being violated. The Director may require that any work for which a permit is required by this Ordinance be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing operations for engineering test holes and monitoring wells if required by permit conditions. Sec. 18 - MISDEMEANOR/ INFRACTION - Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed under this Ordinance or any other provisicn of law. Sec. 19 - ABATEMENT - If any corrective action required by an order issued pursuant to Section 13 is not taken in full compliance with such order, the Director may cause the corrective action to be taken by the City and all persons required by Section 13 to take such corrective action shall be jointly and severally liable to the City for the cast of such action. In cases where the public health and safety require emergency corrective action, the Director may cause the emergency corrective action to be taken by the City without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the City for the cost )f such action. Sec. 20 - EXEMPTION - The foregoing provisions of this Ordinance do not apply to any leak d-etection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) *of Division 20 of the Health and Safety Code or of Article 2 (commencing with Section 4521) of Chapter 5 of Division 4 of the Ventura County Ordinance Code. The Director may also waive permit requirements for installation or destruction of monitoring and recovery wells which are not more than 50 feet. deep to determine the extent of or remove underground tank contamination, pursuant to requirements of the State of California or the County of Ventura, if t:tte Director determines that the purpose of this Ordinance as set forth in Sectioii 1 will be satisfied. The Director may also waive permit requirements for installation or destruction of natural gas monitoring and recovery wells which are '�A more than 50 feet deep pursuant to requirements of the State of California ci the County of Ventura if the Director determines that the purpose of this Ordui, nce as set forth in Section 1 will be satisfied. AG:lb /K372 K372/10 EXHIBIT C 1 of 3 MODEL CITY RESOLUTION ESTABLISHING FEES PURSUANT TO GROUNDWATER CONSERVATION ORDINANCE WHEREAS, City Ordinance No. , section 16, authorizes this Council to establish a schedule of fees for the processing of well permits and certain other services pertaining to groundwater conservation; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED as follows: I. The fee for a permit to construct, repair, modify or destroy a well issued pursuant to Section 3 of City Ordinance No. — shall be as follows: a. For permits relating to water wells, cathodic protection wells, monitoring wells and engi- neering test holes inspected by the city inspector, the fee shall be $475 for the initial well plus $50 for each additional well which is located on the same site and is perforated or sealed on the same day the initial well is perforated or sealed. b. For permits relating to monitoring wells and engineering test holes inspected by the Appli- cant's Registered Inspector, the fee shall be $325 for up to four wells on the same site Plus $25 for each additional well which is located on the same site. 3. on EXHIBIT C 2of3 C. For annual permits relating to engineering test holes inspected by registered inspec- tor(s), the fee shall be $500 per year per company. d. If a city inspector is required to be at a well site in the performance of an inspection of any completion operation (as defined in City ordinance No. section 2) in excess of two working days, the fee shall be increased by $175 for each working day or portion thereof in excess of the initial two working days. The fee for a Certificate of Exemption issued pur- suant to City ordinance No. section 15, shall be $100; provided, however, that no fee shall be charged for processing such a certificate respecting a well which i$ monitored annually by the Ventura County Public Works Agency or the United Water Conservation District. The fee for approval as a registered inspector ( as defined in City Ordinance No. sec- tion 2) and the fee for registration with the Director pursuant to Section 8 of City Ordinance No. shall be 75, S An application for such approval or registration shall include proof satisfactory to the Director that the applicant is F EXHIBIT C 3of3 in compliance with all applicable state laws per- taining to registration, licensing and workers' compensation insurance. An application for approval as a registered inspector shall include, in addition to the foregoing, proof satisfactory to the Director that the applicant is competent to be a registered inspector.. The list of such approved or registered persons shall specify the date each listed person's state registration or license will expire and the date each listed person's workers' compensation insurance or equivalent certificate will expire. A listed person shall be dropped from the list automatically on any such expiration date unless, prior to such date, he or she provides to the Director satisfactory proof that the expiration date has been extended in accordance with state law, in which case the new expiration date will be sub- stituted for the old one on the list. 5. This resolution shall become operative on -1 1.9___ c: \text \abg \2Model.res 3 EXHIBIT D 1of6 AGREEMENT FOR THE COUNTY OF VENTURA TO PERFORM GROUNDWATER CONSERVATION SERVICES FOR THE CITY OF THIS AGREEMENT is entered into by and between the County of Ventura, a political subdivision of the State of Califor- nia, hereinafter referred to as "County," and the City of , a municipal corporation of the State of California, hereinafter referred to as "City." WHEREAS, City expects to adopt an ordinance, hereinafter referred to as "City's Groundwater Conservation Ordinance," in a form substantially identical to article 1 (commencing with section 4811) and hereinafter referred to as "County's Groundwater Conservation Ordinance," of chapter 8 of division 4 of the Ventura County Ordinance Code; and WHEREAS, County and City wish to enter into a contract for the performance by Coun�y- within City's boundaries of certain groundwater conservation services under the City's Groundwater Conservation 0rn ance; and WHEREAS, such a contract is authorized by article 1 (commencing with section 513001) of chapter 1 of part 2 of division 2 of title 5 of the Government Code and by chapter 12 (commencing with section 54580) of part 1 of division 2 of title 5 of the Government Code;. EXHIBIT D 2of6 NOW, THEREFORE, the parties agree as follows: 1. City shall adopt and maintain in effect the City's Groundwater Conservation Ordinance and shall enact amendments thereto substantially identical to amendments hereafter made to County's Groundwater Conservation Ordinance promptly after being notified of such amendments by County. 2. County's Public Works Agency and County's Director of Public Works or his or her designee, respectively, shall perform for City and exercise on behalf of City all those functions and all that authority which are to be performed and exercised by the "Department" and the "Director," respec- tively, under the City's Groundwater Conservation Ordinance, and shall do so to the same extent and in the same manner as they would perform such services and exercise such authority for County under the County's Groundwater Conservation Ordinance. 3. Any and all fees payable under the City's Ground- water Conservation Ordinance shall be collected and retained by County. If such fees are set by City in amounts less than are set by County for the same services under the County's Groundwater Conservation Ordinance, City shall pay County the difference between what County actually collects under the City's Groundwater Conservaton Ordinance and what County would have collected had the City's fees been identical to K EXHIBIT D 3of6 the County's fees. Such payment by City shall be made within thirty days of receipt of County's bill, which may be sent to City periodically at any time within six months after the month in which the charges listed in the bill accrued. 4. All persons employed by County in the performance of this Agreement shall be County employees. No person employed by County in the performance of this Agreement shall have any City pension, civil service status, or other right or status pertaining to City employment. However, for the limited purpose of giving official status to County personnel per- forming services pursuant to this Agreement, every County officer and employee performing such services shall be deemed to be doing so as an officer or employee of City. 5. City, its officers and employees, by this Agreement do not assume any liability for the direct payment of any salary or wages to any County officer or employee performing services hereunder for City, or for the direct payment of compensation or indemnity to any County officer or employee for any injury to or illness of such officer or employee arising out of his or her employment by County. 6. County, its officers and employees, by this Agree- ment do not assume any liability for the negligent or wrong- ful acts or omissions of City, or of any officer or employee EXHIBIT D 4of6 thereof, and City shall hold County, its officers and employ- ees, harmless from and indemnify and defend County, its officers and employees against, any and all costs, expenses, claims, suits and liability for bodily or personal injury to or death of any person and for any injury to or loss of any property resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of City, its officers and employees, performing or authorizing the performance of or failing to perform or authorize a performance of any work, services or functions to be performed under this Agreement. 7. City, its officers and employees, by this Agreement do not assume any liability for the negligent or wrongful acts or omissions of County, or of any officer or employee thereof, and County shall hold City, its officers and employ- ees, harmless from and indemnify and defend City, its officers and employees, against any, and all costs, expenses, claims, suits and liability for bodily or personal injury to or death of any person and for injury to or loss of any property resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of County, its officers and employees, performing or in failing to perform any work, services or- functions provided for, referred to or in any way connected with any work, services or functions to be performed under this agreement. 4 EXHIBIT D 5of6 8. Any notice or bill to be sent to a party hereto may be sent to the party at the address set forth below: COUNTY Ventura County Public Works Agency Water Resources & Development Department 800 South Victoria Avenue Ventura, California 93009 CITY Any notice or bill addressed to a party at the foregoing addresses, or at such other address as such party may from time to time furnish in writing to the other party, shall be deemed to have been received by the addressee on the first business day next following the day on which such notice or bill was deposited, postage prepaid, in the United States mail. 9. The term of this Agreement shall commence on the 31st day after execution by both parties, and shall continue indefinitely until terminated pursuant to this section. Either party may terminate this Agreement, in its sole dis- cretion, on 30 days' written notice to the other party. The responsibilities of the respective parties under sections 3, 6 and 7 of this Agreement shall remain in effect after any 5 EXHIBIT D 6of6 termination with respect to any acts or omissions preceding the termination. IN WITNESS WHEREOF, City and County have executed this Agreement on the dates indicated below. CITY OF Dated: ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney Dated: ATTEST: RICHARD D. DEAN, County Clerk, County of Ventura, State of California, and ex officio Clerk of the Board of Super- visors thereof. By Deputy Clerk c: \text \abg \lgrwater.cnt By Mayor COUNTY OF VENTURA 0 2 CHAIR, BOARD OF SUPERVISORS