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B. Private irrigation or agricultural wells. Private irrigation or agricultural wells (new or replacement) shall only be allowed if the applicant has demonstrated the following:
a. The proposed well will not contaminate the City’s water supply; and b. The proposed well will not significantly impact the City’s water supply with regard to volume (ability of City to pump or extract water), quality (impacts to flow, risks of pollution or contamination), or distribution (ability to provide potable water to City residents and businesses). c. The proposed well will be used only as described in the Well Use Permit application.
C. Private domestic wells. Private domestic wells (new or replacement) shall only be allowed if the applicant has demonstrated the following:
a. The proposed well will not contaminate the City’s water supply. b. City water service cannot reasonably be provided to the project site because the applicant must obtain easements across private property to the City water mains, and the applicant has demonstrated a good faith attempt to seek such easements in the opinion of the Administrative Authority, and the private property owners have refused to grant easements to the applicant.
c. The proposed well will not significantly impact the City’s water supply with regard to volume (ability of City to pump or extract water), quality (impacts to flow, risks of pollution or contamination), or distribution (ability to provide potable water to City residents and businesses). d. The proposed well will be used only as described in the Well Use Permit application.
D. Conditions. If the Planning Commission approves the granting of a Well Use Permit, it may be issued subject to reasonable conditions designed in furtherance of the public’s health and safety or to protect property. Such conditions may include, but are not limited to, quantity and quality testing methods, a performance bonding requirement, and other rational limitations or restrictions deemed in the public interest. Any abandoned wells on the property shall be destroyed as a condition of the issuance of a permit.
E. Notice and Appeals. The decision of the Planning Commission shall be mailed to all property owners of parcels within three hundred (300) feet of the property where the well has been proposed. The decision of the Planning Commission may be appealed to the City Council in accordance with the procedures provided in Section 16.12.150.
13.08.050 Inspection and Revocation
The applicant shall maintain a copy of the approved permit on the drilling site during all stages of construction or destruction. The City or its representative may conduct examinations and investigations to determine whether any provision of this
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chapter is being violated. A City representative may require that each completion, modification, or destruction operation be inspected prior to any further work. If the City representative determines that a violation of this chapter has occurred, or the applicant has misrepresented any material fact in its application or supporting documents, the City may initiate the revocation procedures associated with Section 16.16.220 and order a temporary suspension of the permit during the pendency of those proceedings. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted unless such permit has been reinstated by the City.13.08.060 Public nuisances.
In the event a City representative determines that a well constitutes a public nuisance, he or she shall abate such nuisance in accordance with the provisions of Section 3494 of the Civil Code of the State and/or City ordinance. Specific actions that would be considered a public nuisance include contamination of water sources, improper well construction or abandonment, excessive pumping or depletion of groundwater, failure to comply with regulatory standards of any governmental agency, or physical hazards such as leaving wells exposed or unmarked. 13.08.070 Immediate abatement.
If a City representative finds that immediate action is necessary to prevent either the pollution, contamination, or depletion of the City water supply or another identifiable threat to the health or safety of the public, he or she may summarily abate such nuisance in any manner permissible under the law.
13.08.071 Destruction of Wells
a) The City may condition wells for destruction as part of the discretionary review process.
b) Wells conditioned by the City to be destroyed shall be properly destroyed under County of San Luis Obispo Environmental Health Services Division permit and inspection by the City’s Administrative Authority. Failure to destroy a well that is conditioned for destruction will constitute a public nuisance, as defined, and the Administrative Authority will take appropriate measures to mitigate or abate the nuisance.
c) A Certificate of Destruction issued by the San Luis Obispo County Environmental Health Services Division shall be submitted to the City within 30 days of issuance.