HomeMy WebLinkAboutCC Reso No 1990-009,.~-
RESOLUTION NO. ~~_~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OE LARE ELSINORE ADOPTING ORDINANCE NO. 682
AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING
THE CONSTRUCTION~ RECONSTRUCTION~ ABANDONMENT~ AND
DESTRUCTION OF AELLS
WHEREAS, pursuant to Government Code Section 13801 et seq., the
County of Riverside has prepared a County Health Well Ordinance and:
WHEREAB, pursuant to the County Department of Public Health
a new well ordinance was adopted by the Board of Supervisors on
October 31, 1989.
WHEREAS, the County is recommending that the City of Lake
_Elsinore adopt the a well ordinance by reference.
WHEREAS, the City concurs in the method and/or organization for
implementation of the ordinance.
BE IT RESOLVED that the City Council of the City of Lake Elsinore
has voted its support of the efforts of Riverside County Department
Health Well Ordinance within its jurisdiction as specified.
BE IT FURTHER RESOLVED that the City Council hereby grants its
formal approval to said plan and hereby orders that a certified copy of
this Resolution shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County as indicating approval of County of
Riverside Ordinance No. 682.
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RESOLUTION NO. 90-9
PASSED, APPROVED AND ADOPTED on this 27th day of
February , 1990, upon the followinq vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS; NONE
ABSENT9 COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
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JI WINRLER~ YOR
CITY OF LARE ELSINORE
TESTO
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VICRI LYNNE RASAD~ CITY CLERR
CITY OF L2l,R ~ ELSINORE
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPERo
CITY OF LAKE EI
STATE OF CALIFORNIA ).
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk o£ the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting
of said Council on the 27th day of Eebruary, 1990, and that it
was so adopted by the following vote:
AYES: COUNCILMEMBERS: BUCR, DOMINGUEZ, STARKEY
WASHBURN, WINKLER
NOES: COUNCILNTEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~ l ^ll /~~1
VICKI LYNN KASAD~ CITY CLERK
CI`PY AF' LAK ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake.Elsinore,
DQ HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 90-9 of said Council, and that the
same has not been amended or repealed.
D~TED: March 6, 1990
V11.i~1 LS1V1V L~CIOAL~ ~.1
CTTY OF LA ELSINORE
(SEAL)
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G,ERALD~.GEERLINGS
CnUNTYCOUNSEL
~ SUITE J00 ~
35JS~~lOTH STREET
RIVERSIDE. CnLIFORNIA
OCT 3 1 i£89
~.5
ORDINANCE NO. 682
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GEMID ~. GEEAlJNGS
munrv counse~
SUITE J00-
~ )515~IOTHSTTtE~T ~
PIVENSIDE. CAIIFOPNIA
TABLE OF CONTENTS
Section 1. PURPOSE AUTHORITY & IMPLEMENTATION
Section 2. DF.FINITIONS
Paqe No.l
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Section 3. PF,RMIT REQUIRF.MENTS
A. Requlated Activities
B. Pe[mit Fee
C. Penalty for Failuce to Obtain A Permit
D. Petmit Application and Plot Plan
Section 4. CONDITIONS OF APPROVAL
Complianee with Standards
Completion Bonds
Conditians for Appcoval
Section 5. CONDITIONS OF DENIAL
A. Expication
B. Failuce to Meet Standacds
Section 6. EXPIRATION OR EXTENSION OF PERMIT
i A. Expiration
B. Extension
Section 7. PERMIT REVOCATION OR SUSPENSION
A. Revocation oc Suspension fot Violations
of this Ocdinance
B. Revocation ot Suspension for Fraud
oc Mis~epcesentation
Seetion 8. HEARINGS
Heacinq P~ocess Defined
Petitionec's Responsibility
Department's Responsibility
Disposition
Section 9. LICENSING AND REGISTRATION
Registcation Requi[ements foc Dtille[s
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1 Section 10. STANDARDS
Const~uction, Reconstruction and Destcuction
2 Standards fo~ all Wells in Accordance witri
DWR Standards
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Exemptions
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5 Section 11. LATERAL (HORIZONTAL) WELL STANDARDS
6 Construction Guidelines and Requi[ements
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Section 12. RE9UIRED INSPECTION OF WELL SITE
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P~e-Dcilling Site Inspection for
9 Community Watec Supply Wells
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11 Section 13. REOUIRED INSPECTION OF WELLS
A. Required F~equency of Depactmental
12 Inspectiqns
B• Additional Geophysical Testinq
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14 Section 14. DISCHARGE OF DRILLING FLUIDS
15 Discharqe and Clean-Up Requicements
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Section 15. GENERAL LOCATION OF WATER WELLS
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Required Setback Distances From
18 Known Contamination or Othe~
Potentially Hazacdous Conditions
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20 Section 16. WELL LOGS
21 Drillec's Responsibility to Loq and File
Limited Public Access to Well Loq
22 Infotmation
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Section 17. WATEA WBLL SURFACE CONSTRUCTION FEATURES
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We1L Accessoiy Requicements
25 A. Check Valve
B. Sample Spiqot
26 C. Disinfection Pipe
27 D. Water Well Mastec Metec
E. Ait-Relief Vent
8 F. Backflow Ptevention Assembly
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GERALDJ.GEEHLINGS . ~ ~
COUMNCOUfJSEL ~ -ZZ- .
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SUITE ]00
7535~IOTM STREET
RIVEPSIDE. CAUFOflNIP
Section 18. DISINFECTION OF WATER WELLS 17
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2 Requicement and P~ocedute
3 Section 19. WATER 9UALITY STANDARDS l~
4 Monitoting Requicements foc:
A. Community Wate[ Supply Wells
5 B. Individual Domestic Wells
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Section 20. PRIVATE WELL EVALUATIONS ta
7 Inspection and Samplinq at the Request
of the Ownei/Sellec
8 Evaluation Service Fee
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Section 21. WELL ABANDONMENT 18
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P[oceduies
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12 Section 22. PUBLIC NUISANCE ABATEMENT 19
13 Declacation of Public Nuisance
County Abatement Powers
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15 Sectian 23. DECLARATION OF PROPOSED REUSE 19
~6 W[itten Declatation of Intent to Reuse
Inactive Status
17 Inactive Status Resdinded for Cause
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Section 24. ADMINISTRATIVE VARIANCE 20
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z~ Section 25. VIOLATION AND PENALTIES Z~
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Section
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SEVERABILITY
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23 Section 27. CONFLICT 4AITH EXISTING LAWS 22
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25 Section 28. REPEAL 22
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Section
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EFFECTIVE DATE 22
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GEMLDJ.GEEflLiriGS
COUNTY COUNSEL ~ ~ ~ ~
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SUITE J00 ~ ~ ~
~35J5~10TH STAEET ~ . ~ ,
pIVEN5IDE. CALIfORNI~ ~ ~
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GEMLD J. GEERLINGS
COUNTYCOUNSEL
SUITE 700
35JS~ IOTH STIiEET
BIVENSIOE. CALIFONNIP
The Boacd of Supecvisots of the County of Riverside, State
of Califocnia, Otdains as Follows:
Section 1. PURPOSE AUTHORITY AND IMPLEMENTATION. The
pucpose of this ocdinance is to provide minimum standards foc
constcuction, reconsttuction, abandonment, and destcuction of all
wells in ocdec to: (a) pcotect undecqcound water tesources, and (b)
p~ovide safe watec to petsons within Riverside County. Pursuant to
the authocity cited in Chaptec 13801(c) of the California Water
Code, the Riverside County Health Department shall enforce the
p~ovisions of this o~dinance within its jurisdiction.
Section 2. DEFINITIONS. Whenever in this ocdinance the
fallowinq tecros are used, they shall have the meaninqs tespectively
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 fo~ a peciod of one (1) year and which has not
been declared foc reuse by the leqal owner with the i
Depactment, oc a well in such a state of discepair that it
cannot be functional foc its oriqinal pucpose or any other
function cequlated under this ordinance. Exploration holes
shall be consideced abandoned twenty-fout (24) houcs aftec
construction and testinq wock has been completed.
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GERALD J. GEEPLIRGS
COUt+TVCOUNSEL
SUITE ]00
3575-IOTH STAEET
XIVERSIOE. CALIFONMp
B. "Agcicultuce Well" shall mean any water well used to
supply watet for i[[igation or othe[ aqticultutal purposes,
inciudinq so-c~lled "Stock Wells~'.
C. "Annulac Seal" oc "Sanita~y Seal" shall mean the
app~oved matecial placed in the space between the well
casing and the wall of the drilled hole (the annulac space).
D. "Cathodic Pcotection Well" shall mean any a•[tificial
excavation in excess of 50 feet (50') constcucted by any
method for the pu~pose of installinq equipment or facilities
for the protection elecCrically of inetallic equipment in
contact with the g~ound, commonly ~eferced to as cathodic
ptotection.
E. "Community Watec Supply Well" shall mean any well
which pcovides watet fo~ public water supply systems.
F. "Contamination" shall mean an impairment of the
quality of the watecs of the state by waste to a deg~ee
which eceates a hazacd to the public health throuqh
poisoning or thtough the spread of disease.
G. "Cross-COnnection" shall mean any unprotected
connection between any pact of a watec system used or
intended to supply water for domestic purposes and any
soucce oc system containinq watec or othec substances that
ace not oc cannot be appcoved as safe, puce, wholesome, and
potable for human consumption.
H. "Depactment" shall mean the Rivetside County
Department of Health, Division of Envitonmental Heaith
Secvices.
I. "Dicector" shall mean the di~ector of Health o~ his
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GEIULD J. GEEAUNGS
mumvcouw5e~
SUITE ]00
3535~1OTH STREET
flIVEfl51DE. CALIFONMP
duly autho~ized cepcesentative.
J. ~'Distribution System" shall include the facilities,
condvits, o[ any othe~ means used for the delivecy of watec
feom the sou~ce facilities Go the custome~'s system.
K. "Exploeation Hole" shall mean an uncased excavation
fo~ the purpose of immediately determininq the existing
qeoloqical and/or hydcological conditions at the site either
by di~ect obsecvation oc othec means.
L. "Individual Domestic Well" shall mean any well used
to supply watec fo~ domestic needs other than a public watec
supply system.
M. "Industcial Well" shall mean any well used pcimarily
to supply water foc industtial pcocesses and may supply
watet inteationally oc incidentally fot domestic pucposes.
N. "Latetal (ho[izontal) Well" shall mean a well
drilled or constcucted horizontally oc at an angle with the
ho~izon as contcasted with the eommon vettical we11 and does
not include horizontal dcains ot "wells" constructed to
[emove subsutface water ftom hillside, cuts, ot fills.
O. "Monitorinq Well" shall mean an actificial
excavation by any method fot the puxpose of obsecvinq,
monitorinq, oc supplyinq the conditions of a watec bea~inq
aquifer, such as fluctuations in qroundwatet levels, quality
of qtoundwate[s, oc the concentcation of contaminants in
undecground watets.
P. ~~Pecson" shall mean any individual, fi~m,
corpocation, association, pcofit oc non-profit o[qanization,
ttust, pattnecship, special district, or qovernmental aqency
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GEfULD J. GEERLINGS
wunrv counsE~
~ ~SUITEJ00
3535~IOTH STAEET~
PIVEfi51DE. CALIFORNIA
to the extent authocized by law.
Q. "Pollution" shall mean an alte~ation of wate[ by
waste to a degcee which unteasonably affects: such watet foc
beneficial uses, oc facilities which secve such beneficial
uses. "Pollution" may include "contamination".
R. "PUblic Water System" shall mean:
1. A system [egacdless of type of ownecship foc the
p~ovision of piped water to the public for domestic use,
if such system has at least five (5) service connections
oc ceqularly setves 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 eollection, treatment, stocaqe, and
disttibution faciliCies which ace used p~ima~ily in
connection with such system and which ace undec
contcol of the watec suppliet. ,
b. Any collection or pceteeatment sto~aqe
facilities which are used pcima[ily in connection
with such system but ace not nndet control of the
watei supplie[.
S. "Reconstruction" means cectain wock done to an
existinq we11 in ocder to cesto~e its pcoduction, ceplace
defective casing, seal off ceztain stcata or surface water,
o~ similac wock, not to include the cleaning out of
sediments, sucginq, oc maintenance to the pump os
appu~tenances whe~e Che inteqrity of the annulac seal oc
watec bearinq sttata ate not violated.
T. "SOU[ce Facilities° shall include wells, st~eam
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GERALD J. GEERLIMGS
. ~COVNTYCOUfJSEL
~ SUITE J00 ~
J535~IOTH STREET
RIVERSIDE. UUFONPIr1
dive~sion wo[ks, infiltration qallecies, sp[inqs, ~ese[voi~s
tanks, and all othec facilities used in the p[oduction
tteatment, disinfection, stocaqe, oc delivecy of watet to
the distcibution system.
U. "Watez Well" shall mean any actificial excavation
constcucted by any method for the purpose of extcacting
watee f~om, or injectinq water into the qround. Tti;is
definition shall not include:
1. oil and qas wells, oc qeoxhecmal wells
const~ucted under the jutisdiction of the Califocnia
State Depattment of Consecvation, except those wells
converted to use as water wells; or
2. Wells used for the pucpose of:
a. Dewatecinq excavation durinq const~uction,
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b. Stabilizinq hillsides or earth embankments.
Section 3. PERMIT REOUIREMENT.
A. No pecson ot entity, as p~incipal aqent, ot employee,
shall dig, d~ill, bo[e, dtive, ceconstcuct or destcoy (1) a
well that is to be, or has been, used to p[oduce or inject
water, (2) a cathodic pcotection well, or (3) a monitorinq
well, without ficst filinq a wtitten application to do so
with the Department, and ceeeivinq and retaininq a valid ~
pecmit as pcovided hecein. II
B. No person oc entity shall enqage in any activity ~
subject to the jucisdiction of this ocdinance without fitst I,
payinq all applicable fees to the Depactment of Health foc
each activity in the amounts set forth in Rivecside County
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GERAI.D J. GEERLINGS
countvcourvse~
SUITE 700
J535~IOTM STREET
RNERSIDE. CPUFORNIA
Ocdinance No. 640 et se .
C. Any person who shall commence any wock foc which a
permit is cequired by this Department without havinq
obtained a pecmit therefore, shall, if subsequently gtanted
a pe~mit, pay double the permit fee foc such wotk; provided,
however, that this provision shall not apply to emergency
work when it shall be established in w[itinq to the.
satisfaction of the Ditectot that sueh work was utgently
necessary and that it was not pcactical to obtain a permit
befoce commeneement of the work. In all cases in which
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emecgency wo~k is necessacy, a permit shall be applied foc
within thcee (3) wotkinq days aftet commencement of the
wock. The applicant for a permit foc any such emetqency
wo~k shall; in any case, demonsttate that all wock pecfocmed'
is in compliance with the technical standa~ds of Section l0.
of this ocdinance.
D. An application for a petmit to eonst[uct a watet
we11, monito~inq well, oc cathodic protection well, shall be
submitted to the Department on a fotm and in a mannec
p[eseribed by the Depattment, and shall include the followin~
infocmation:
1. A Piot Plan showing the proposed well location
with cespect to the followinq items within a cadius of
five hundred feet (500') £tom the well:
a. P~opetty lines, includinq ownecship.
b. Sewaqe oc waste disposal systems (includinq
resecved waste disposal expansion aceas), or wotks
for ca~tying or containing sewage oc waste.
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4ERALD J. GEERLINGS
COUNTVCOUPSEL
SUIiE J(q
35JS~IOTM SiAEET
RIVEfl51DE. GLIF09NIN
c. All inte~mittent or pe~ennial, natural, oc
attificial bodies of watet oc wateccourses.
d. The appcoximate drainaqe pattern of the
propetty.
e. Other wells, including abandoned wells.
f. Access coad(s) to the well site.
q. St~uctures.
2. Location of the pcopecty with a vicinity map
including the leqal desctiption of the ptope[ty
(Assessot's Pa~cel Map/Ttact Map Numbet).
3. The name and state license number of the qenecal
cont~actot (when applicable), and the C-57 license
number of the pe[son cesponsible foc const[ucting the ,
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well.
4. The pcoposed well depth, includinq casinq size 1
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and zones of pecfocations and stcata to be sealed off, i
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if such data can be reasonably pro]ected. I
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5. The pcoposed use of the well. !
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6. Location of undecground sto~age tank(s) within
five hundred feet (500') of the proposed well.
7. Location and classification by visual inspection
of any solid, liquid, o~ hazatdous waste disposal sites
to inciude municipal and individual package sewage
tceatment plants within two thousand feet (2,000') of
the pcoposed well.
8. Whe~e proposed wock is ceconst~uetion oc
dest~uction of a water well, monitotinq well, ot
cathodic ptoteetion well, provide the followinq
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1 infotmation, if available:
z a. Method of ~econsteuction or destcuction of
3 well.
4 b. Total depth.
5 c. Depth and type of casinq used.
6 d. Depth of pe~foration.
7 e. Well log.
a f. Any othe~ pettinent infocmation.
9 9. Othe[ infocmation as may be deemed necessary for
10 the Department to dete[mine if the undecqcound waters
11 will be adequately protected.
12 E. As a condition of a constcuction or [econstruction
13 Pe~mit, any abandoned wells on the prope~ty shall be
14 destroy~d in acco~dance with standatds pcovided in this
15 ocdinance.
16 Section 4. CONDITIONS OF APPROVAL. Pecmits shall be issued
17 aftec compliance with the standacds ptovided and incocpo~ated by
18 ~eference in this ocdinance. Plans shall be submitted to the
19 Department demonstratinq compliance with such standatds. Pecmits
20 may include conditions and ~equirements found by the Depattment to
21 be ~easonably necessacy to accomplish the pu[pose of this
22 ocdinance. Completion bonds, contcactoc's bonds, cash deposits, ot
23 othee adequate secu~ity may be cequiced to insure that all ptojects
24 are perfo~med completely and pcopecly to protect the publie's
25 health and safety and the inteqcity of undetgcound watec cesoucces.
26 Seetion 5. CONDITIONS OF DENIAL. Where the Depactment
27 detecmines that the standatds of this ocdinance have not been met,
28 it shall deny the application.
GENALD J. GEERLFfiGS ~
YOUNTYCOUNSEI ~ ~ ~ -B- ~
SUITE 300 ~ ~
7535~IOTM SiREET . .
RIVERSIDE. CPLIFORNIA '
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.GEMLD J. GEERIJNGS
counrv counse~
~ SUIFE7(ID
35J5 ~ IOTH ST5IEET
0.1VERS~DE: CPLIFORNII
Section 6. EXPIRATION OR EXTENSION OF PERMIT.
A. Each permit issued puisuant to this ocdinance shall i
expi[e and become null and void if the work authocized ~
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the~eby has not been completed within six (6) months '
followinq the issuance of the petmit.
B. Any pecmit issued pu[suant to this o[dinance may be
extended at the option of the Department. Each ind~ividual
extension q[anted by the Depa[tment shall be fo~ not.lonqet
than one hundced twenty (120) days. In no event shall the
Depattment qrant an extension which would make the total
tecm of the permit exceed one (1) yeac. Application foc
extension shaTl be made on a fo[m provided by the Depactment.
The appl,ieation shall be accompanied by a fee in the amount
set forth in Rivecside CounCy Ordinance No. 640 et se .
C. Upon expication of any pecmit issued putsuant
heceto, no fucther wock may be done in connection with
const[uction, [epait, ceconst[uction, or abandonment of a
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well unless and until a new pecmit for such pucpose is
secuced in accorda~ce with the pcovisions of this o[dinance.
5ection 7. PERMIT REVOCATION OR SUSPENSION.
A. A pecmit issued hereundec may be cevoked or suspende~
by the Dizectoc as heceinaftet provided if he determines
that a violation of this ordinance exists, that wcitten
notice has been dicected to the pecmittee specifyinq the
violation, and that the pe~mittee has failed oc neqlected to
make the necessaty adjustments within fifteen (15) days
aftec ceceivinq such notice.
B. A permit may be so ~evoked or suspended by the
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Dicectos if he detecmines at a hearinq held foc such purpose
ehat the pecson to whom any pe[mit was issued pucsuant to
this ocdinance has obtained the same by ftaud oc
miscepcesentation.
Section 8. HEARINGS. Any pecson whose application fo[ a
pe~mit has beeh denied ot whose pe~mit has been suspended o~
~evoked may [equest a heacinq. The pecson shall file with the
Department a wcitten petition requestinq the heating and settinq
fo~th a btief'statement of the qcounds fot the tequest. The Hearin
Offieer shall be the Di~ectoc or his desiqnee. At the time and.
place set for the heatinq, the Heatinq Officer shall qive the
petitionet and othec intetested petsons, adequate oppoctunity to
p~esent any facts pertinent to the mattec at hand. The Hea~inq
Officer may, when he deems it necessary, continue any heazing by
settinq a new time and place and by qivinq notice to the petitione~
of such action.
At the close of the hea[inq, o~ within thirty (30) wo[king
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days the[eaftet, the Hea~inq Officec shall ordet such disposition
of the application oc permit as he has detetmined to be proPet. and
;shall, by postaqe ptepaid, tegisteced mail, notify the petitioner
of his final detetmination.
Section 9. LICENSZNG AND REGISTRATION OF WATER WELL DRILLERS
AND CONTRACTORS. No pe~sons shall enqaqe in any activity listed in
Seetion 3. of this ocdinance unless he is in compliance with the
pcovisions he~ein and possesses a valid C-57 license in acco~dance
with the Califo[nia Conttactoe's State License Law (chapCec 9,
Division 3 of the Business and P~ofessions Code), ot possesses a
License apptoptiate to the activity to be enqaqed in
Such person
GEMLDJ.GEEHLINGS II
COUPTY COUf+SEL ~ -1 O -
SUITE~]OD ~
]535~IOTM S7REET ~
'pNER51DE. ULIFONNIA ~ ~
1 shall registec~annually with the Depactment and pay the reqisttatio
fee specified in Riverside County Otdinance No, 640 et seg., pcio[ '
z
to commencinq any activity regulated by this ocdinance.
3
Section 10. STANDARDS. Standa[~s foc the constcuction.
4
reconstruction, abandonment, or destcuction of wells shall be the
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standards recommended in the Bulletins of the California Department
6
of Wate~ Resources as follows: Bulletin NO 74-81 Chaptec II Water
7
and Bulletin NO 74-90 (Supplement to Bulletin 74-81) as
Wells
8 ,
these Bulletins may be amended by the State from time to time. The
9.
content of said Bulletins is hereby incocporated by cefe[ence with
10
the following additions ot modifications:
11
Bulletin NO 74-90 Monito[inq Well.
12
1. Exploration holes fot detecmining immediate qeoloqical
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or hydrological info~mation celating to onsite sewaqe
14
disposal systems, liquifaction studies, haza~dous
15
mate~ials investiqations, or geotechnical investiqations
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fo~ constcuction pu~poses, such as foundation studies,
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ace exempt fcom the monitotinq well destruction
18
1 standacds o£ Patt III Bulletin 74-90, provided that a
9
zone of low pe~meabilitly ovetlying sediments with wate~
20
beacing capabilities has not been penetrated. For the
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above-listed cases, the excavation oc bo~inq shall be
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backfilled with native soils immediately aftec the
23
investiqato~y wock has been completed. Whe~e a zone of
24
low pecmeability has been penetcated, the hole shall be
25
abandoned as specified in Bulletin 74-90, Part III.
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When the excavation oc bocing is to be left open and
27
unattended (such as at the end of a wotk shift), the
28
GENALDJ.GEENLINGS
~ COUNTYCOUNSEL ~ ~ ~
. -11- ~
~ SUITE ]00 ~ ~
' 3595~1OTM SIAEET . . ~ .
flIVEfl51DE.CALIFORNIA . . ~ ~
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GERALD J. GEENLINGS
munrv counse~
'.SUITE JQO
3535-IOTH STREET ~
RI VEft51DE. CALIFORNIA.
person in chatqe of the constcuction shall take all
necessary pcecautions to insure that the excavation has
not c~eated a public health ot safety hazatd.
Section 11. IATERAL (HORIZONTAL) WELL STANDARDS. The
location and design of late~al wells shall be in accoCdance with
the standards cecommended in the State of California, Department of
Health Se~vices' Publication: Re ui[ements foc Use of Late~al Wells
in Domestic Water SYStems as such publication may be amended by the
State f[om time to time. The content of said publication is here6y
inco~potated he~ein by cefecence.
Section 12. REOUIRED INSPECTION OF WELL SITE. A site
inspection by the Depactment is ceQuiced pciot to issuance of a
permit for a well that is to be part of a public watec system or
othet wells that possess a hiqh potential fot contamination as
detecmined by the Dicecto[. In the event that the well is to se~ve
a system undet the dicect jucisdiction of the State Depattment of
Health Secvic~s, then, that aqency may perform the site inspection
and notify the Dicector of its appcoval o~ disapproval.
Section 13. RE9UIRED INSPECTIONS OF WELLS.
A. A well inspeetion shall be cequested of the
Depactment at least two (2) wo[king days in advance of the
following activities:
1. For individual domestic wells, aqcicultueal
wells, cathodic p[otection wells, and monitocinq
wells:
a. The fillinq of the annulac space o~
conducto~ casinq.
b. Immediately aftec the installation of all
-1'L-
surface equipment and (for individual domestic
1 ~
wells) aftec the well has been disinfected and i
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purqed.
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z, For community wells:
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a. All community water wells shall be inspected
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at the f~equencies stated in subsection 1. of this I
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section for indiviciual domestic watet wells. In
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addition, a site inspection pcioc to issuance of a
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pecmit is requiced in acco~dance with Section 12. of
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this ordinan¢e.
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3. Fot all wells:
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a. Any other opecation or condition for which a
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1 special inspection is stipulated on the well pecmit.
3,
4. Fo~ well destcuction (all wells):
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a. Durinq the actual sealinq of the well.
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b. Immediately after all well destcuction wock
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has been completed.
17 -n
g. Upon failure to notify the Department of the fillinq
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of the annulac space, approved qeophysical tests includinq
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Sonic Loq and Gamma Ray Loq shall be conducted at the
20
owner's expense, to substantiate that an annular seal has
21
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If the enfoccement aqency fails to appear at the
C
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well site at the time desiqnated foc sealinq, the well may
24
be sealed without the presence of the enforcement aqency.
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However, the drillec shall seal the well in aceocdance with
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the standards of this o[dinance and the permit in the
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absence of any inspection.
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GERALDJ.GEENLICIGS . ~ ~ .
-13 -
CnUHTV COUHSEL .
SURE J00
3535~IOTH STAEET
qIVEH5IDE. C/ UFOflMA
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counrv cour+sei
SUtTE J00
~ 35JS~IOTH STREET
NIVEfl51DE. CALIFORNIp
potential sour~es of eontamination and pollution as follows:
50-foot minimum
Sewe[
Watertiqht septic tank 100-foot minimum
Subsu~face sewaqe leach line or leach field 100-£oot minimum
Cesspool oe seepaqe pit 150-foot minimum
Animal o[ fowl enclosures 100-foot minimum
Any su[face sewaqe disposal system
discharqinq 2,000 qal/day'o~ mote 200-foot minimum
Minimum distanees fcom othe~ soucees of pollution or
contamination shall be as detecmined by the Depattment upon
investiqation and analysis oE the probable cisks involved. Whece
pacticula~ly adverse o~ special hazatds ace involved as detecmined
by the Health Depactment, the foteqoinq distances may be increased
oc specially appcoved means of protection, pacticulaily in the
construction of the well, may be cequi~ed as detetmiaed by the
Department.
Sectin~ 16. WF.LL LOGS. Any person who has drilled, duq,
excavated, ot hored a well subject to this ocdinance, shall within
thicty (30) days aftec completion of the dcillinq, diqqing,
excavation, or bo[i.nq of such well, fucnish the Department with a
complete loq of such well on a standazd focm p[ovided by the State
Department of Watec Resoucces. This loq shall include depths of
focmations, eharactec, si2e distcibution, i.e., clay, sand, gravel,
4 rocks and bouldets, and coloe fot all litholoqical units
5 penet~ated, the type of casinq, pump Cest cesults when applicable.
6 and any othec data cequired by the Depactment. The Depa~tment may
7~equiee inspection of the well loq du~inq any phase of the well's '
constcuction and whe~e necessacy to achieve the purposes of this
-15-
1 Section.~lA. DISCHARGE OF DRILLING FLUIDS. D~illinq fluids
2 and other drillinq materials used in connection with cathodic
3 pcotection, monito~inq o~ water well construction, shall not be
4 allowed to dischacqe onto stceets o~ into waterways, and shall not
5 be allowed to dischacge to the adjacent peopecty unless a w~itten
6 agceement with the owne[(s) of the adjacent p~opetty is obtained;
7 p[ovided, howeve~, that such fluids and matecials ace cleaned up
8 and cemoved within thicty (30) days aftet completion of the well
9 dcillinq and thece is no violation of waste discharqe cequlations.
10 This section shall not opetate to p[ohibit the sutface discha[qe of
11 contaminated qroundwatec provided snch discharqe is carcied out in
12 compliance with a Lawful otdec of a ceqional watec quality board.
13 Section 15. GENERAL LOCATION OF WATER WELLS. It shall be
14 unlawful for any pe[son oc entity to dcill, diq, excavate, oc boce
15 any wate~ well at any location whe~e soutces of pollution oc
T6 contamination are known to exist, have existed, oc othe~wise
17 substantial cisk exists that wate[ f[om that location may become
•n
1~ contaminated or polluted even thouqh the well may be pCOperly
19 consttucted and maintained. Exceptions to the above include the
_ 20 followinq:
21 1. Exttaction wells used foc the putpose of exttacting and
22 t~eatinq watec ftom a contaminated aquifer.
23 2. Wells €com which water is to be treated to meet all
24 State Department of Aealth standacds and requirements.
25 3. Wells fcom which water will be blended with other wate~ .
26 sources resultinq in water that meets all State Department of
27 Health standacds and cequicements.
28 Eve~y well shall be located an adequate distance fcom all
GERALDI.G~ERIlNGS ~ ~ ~
COUNN COUNSEL -14 -
SUITE ]00 ~ ~ ~
35JS~tOTM SiAEET .
RIVE0.51DE. CAIIFORNIn ~
o[dinance, may~~equice modification of the work as o[iginally
1
2 planned.
Well logs fuenished pu[suant to this o~dinance shall not he ,
3
made available for inspection by the public, but shall be made
4
available to qovernmental agencies foc use in making studies; '
5
p[ovided, that any [epott be made available to any petson who
6
obtains wtitten authorization f~om the owner of the well.
7
SeCtion 17. WATER WELL SURFACE CONSTRUCTION FEATURES.
8
A. Check Valve. A check valve shall be pcovided on the
9
pump discha[ge line adjacent to the pump fbc all water wells.
10
B• Sample Spiqot. An unthteaded sample spigot shall be
11
ptovided on the pump dischatqe line of any water well used
12
as a public wate~ supply adjacent to the pump and on the
~3
dist~ibution side of the check valve.
14
C• Watec Well Disinfection Pipe. All community water
15
supply wells and individual domestic wells shall be p[ovided
16
with a pipe oc other effective means thcough which chlotine
17 -n
or othet approved disinfectinq aqents may be introduced
18
ditectly into the well. The pipe shall be extended at least
19
fou~ inches (4") above the finished qcade and shall have a
20
thceaded or equivalently secured cap on it.
21
D. Water Well Flow Metet. A flow metet ot othec
22
suitable measu[inq device shall be located at each soutce
23
facility and shall accucately cegistec the quantity of water
24
deliveced to the distcibution system fcom all community
~5
watec supply wells servinq a public wate[ supply system.
26
E. Air-Relief Vent. An ait-telief vent, when cequiced,
27
shall terminate downwacd, be scceened, and othecwise be
28
GEMLUIGEERL{NGS
COUMTV COUNSEL ~ ~ .
~ -16 -
SUITE J00
15J5~lOTH STi1EET
pIVEP5IDE. CPLIFONNIp
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2E
GENALD J. GEERLINGS
COUNTVCOUNSEL
~ ' SUITE J00
3595~IOTH STREET
pNEN51DE. CAIIFORNIA
p~otected from the entcance of contaminants.
F. Backflow Pcevention Assembly. Agricultural wells
equipped with chemical feeder devices foc fectilizers,
pesticides, o[ other nonpotable watec treatment, shall be
f.u~nished with an app~oved backflow prevention assembly or a
sufficient ai~ gap to insute that a c[oss-connection with
the well does not exist.
Section 18. DISINFECTION OF WATER WELLS. Every new,
repai~ed, or reconstcucted.community water supply well or individua
domestic well. aftet completion of constcuction, repair or
ceconst[uction, and before beinq placed in se~vice, shall be
thocouqhly cleaned of all foreiqn substanees. The well q[avel usedl
in packed wells, pipes, gump, pump column, and all well watec
contact equipment sutfaces, shall be disinfected by a Depactment-
app~oved method. The disinfectant shall ~emain in the well and
iupon all relevant surfaces for at 7east twenty-fouc (24) hours.
Disinfection_~~oaeduces shall be ~epeated until miccobiologically
safe wate[ is pcoduced, as set focth in the Califo[nia Code of
Regulations; Title 22, Domestic Water Qualitv monito[inct.
Section 19. WATER UALITY STANDARDS.
A. Watet from all new, [epai[ed, and teconstructed
community watet supply wells, shall be tested fot and meet
the standatds foe microbiological, general minetal, genecal
physical, chemical, and cadioloqical quality in acco~dance
with the Califocnia Code of Regulations, Title 22, Domestic
Water OualitY and Monitocinci.
B. In addition to the miccobioloqical standacds requi~e~
in Section 19. of this ocdinance, all individual domestic
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watec w.glls shall be tested fo~ and meet the nit~ate,
fluo~ide, and total dissolved solids (TDS) standacds in
acco~dance with the Califo[nia Code of Regulations, Title
22, Domestic Water 4ualitY and Monitorina.
C. At the disccetion of the Directoc, foc the pu~pose
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2F
6ERALDJ.GEERLINGS
courrveounse~
SUITE J(10
J535 ~ IOTM STAEET
RIVERSIDE. CALIFORNIn
of protectinq the health and safety of the public, any new,
repaired, o~ ceconstructed individual domestic watet well,
oc community well, shall be tested foc and must meet, any or
all additionally specified Water Quality Standa~ds in
acco~dance with the California Code of Requlations, Title
22, Domestic Watet ~ualitY and Monitorina. Exceptions would
be community well watec to be either treated or blended with
other water sou[ces to meet State Department of Health
Setvices standacds and requirements. Said tteatment or
blendinq must be appcoved by the State Depactment of Health
Services.
Section 20. PRIVATE WEI,L EVALUATIONS. All individual
~f~
domestic watec wells fot which the owne[ cequests a Department
evaluation of watec quality, shall be tested for Watec Quality
Standacds foc individual domestic watec wells as provided foc in
Section 18. of this o[dinance, The Depattment shall pe[focm a
well-site inspection and conduct the microbioloqical samplinq
poction of the evaluation. Any additional testinq, includinq any
pump test to determine the yield quantity of the well, shall be
pe~focmed by State cectified individuals at the expense of others.
The Department shall eollect an evaluation service fee in
accocdance with Rivecside County Ocdinance No. 640 et seg.
Seetion 21. WELL ABANDONMENT. If aftet thitty (30) days of
-18-
1 abandonment, tlie owner has not declared to the Depa~tment a '
2 p~oposed [euse of the well per &ection 23 of this ordinance, and
3 the weli has been found by the Depa[tment to be a hazacd, wheceby I
4 its continued existence is likely to cause damage to ground watet
5 0~ a threat to public health and safety, the Depa~tment shall
6 direct the owner to desttoy the well in accocdance with Section 10. I
7 of this o[dinance.
8 Upon [emoval of the pump, the casinq shall be ptovided with
9 a thceaded oe equivalently secured watectiqht cap. The well shall
10' be maintained so that it will not be a hazard to public health and
11 safety until such time as it is pcoperly destroyed.
12 Section 22. PUBLIC NUISANCE ABATEMF.NT. Where an abandoned
13 well has been identified and the ownet fails to comply with the
14 Depactment~s ocder to destcoy the well, such well may be declared a
15 B'~blic nuisance pursuant to Govecnment Code Section 50231, and
16 the[eaftec abated pucsuant to Title 5, Division 1, Acticle 9 of the
17 Califocnia Go~etnment Code. Whece abatement is undertaken at the
18 expense of the County, such cost shall constitute a special
19 assessment aqainst the paceel and shall be added to the next
20 ~egular tax bill as enumetated under Govecnment Code Section 50249
21 et s~e ,.
2~ Section 23. DECLARATION OF PROPOSED REUSE. Whece a well is
unused ot its disuse is anticipated, the ownec may apply to the
23
24 Depa~tment, in wciting, statinq an intention to use the well aqain
25', foc its oriqinal oc other approved purpose. The Department shall
26 ~eview such a declacation and may qtant an exemption fcom cectain
of the provisions of Section 21 of this ocdinance, ptovided no '
27 j
28 undue hazazd to public health oc safety is ceeated by the continued '
GEAALD J. GEERLIRGS ~ . ~
COUNTY COUNSE~ - ~' 9 . ~
~ SUITE J00 ~
35JS~IOTH STREET
PIVEPSIDE CALIFORNIA .
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GEAALOJ.GEERLINGS
COUf+N COUNSEI
SUITE 300
7535- lOTH STREEi
NNERSIDE. CALIFORNIA
existence of tite well. Thereaftec, an amended declacation shall be
filed annually with the Depattment. The otiqinal o[ subsequent
exemption may be te~minated foc cause by the Department at any time '
Section 24. ADMINISTRATIVE VARIANCE. Subject to appcoval
by the State Depactment of Health Secvices, the Di[ectoc may qtant i
an a~3ministeative vaciance of the provisions of this ocdinance
whece documentary evidence establishes that a modification of the
standacds as provided hecein, will not endanqec the genecaT public
health and safety, and stcict compliance would be unteasonable in
view of all the ciccumstances.
Section 25. VIOLATIONS AND PENALTIES.
A. The Ditectoc, ot his desiqnee, may at any and all
reasonable times enter any and all places, p~opetty,
enclosutes, and stcuctutes foc the purpose of conductinq
examinations and investiqations to dete[mine whethe[ all
pcovisions of this o[dinance ace being complied with.
B„1 It shall be unlawful for any person, fitm,
cocpocation, oc association of pecsons, to violate any
provision of this ocdinance oe to violate the pcovisions of
any pecmit qcanted pucsuant to this ordinance. Any pe~son,
ficm, co[pocation, o~ association of pecsons, violatinq any
provision of this ocdinance oc the provisions of any pe~mit
gcanted pursuant to this o~dinance, shall be deemed quilty
of an infcaetion or misdemeano~ as hecein specified. Such ~
peeson, fitm, corporation, oe association of persons shall
be deemed quilty of a sepatate offense foc each and eve~y
day or poction the~eof ducinq which any violatioa of any of
8 the provisions of this ordinance ot the pcovisions of any
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2E
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2f
GEPAID J. GEERLIMGS
COUNTYCOUNSEL
SUITE JW
3535~IOTH SiAEET
RIVEFSIDE. CnLIFOflNin
pe~mit 4ranted pursuant to this ocdinance, is committed, '
continued, or pe[mitted. '
~
Any person, fi~m, corpocation, ot association of
pe~sons so convicted sha11 bec (1) guilty of an inftaction
offense ~nd punished by a fine not exceedinq one hundred ~.
dollacs ($100.00) foc a fi~st violation; (2) quilty of an '
inftaetion offense and punished by a fine not exceedinq two
hund[ed dolla[s ($200.00) Eor a second violation at the same
site. The thicd and any additional violations on the same
site shall constitute a misdemeanot offense and shall be
punishable by a fine not exceedinq one thousand dollars
($1,000.00) o~ six (6) months in jail, oc both.
Notwithstandinq the above, a fiist offense may be charqed
and prosecuted as a misdemeanoc. Payment of any penalty
hecein shall not relieve a petson, fizm, corpocation, or
association of petsons fcom the responsibility foc
co~cec7~inq the violation.
C. Anytt~inq done, maintained, oc suffe~ed in violation
of any of the provisions of this ordinance, is a public
nuisanee danqe~ous to the health and safety of the public
and may be enjoined oc summacily abated in the manner
p~ovided by law. Evety public officer oc body lawfully
empowered to do so, shall abate ,the nuisance immediately.
Section 26. SEVERABILITY. If any p~ovision, clause,
sentence, ot garag~aph of this ordinance, o~ the application
the~eof, to any pecson, establishment, or citcumstances, shall be
held invalid, such invalidity shall not affect the othec p~ovisions
of this oedinance which can be given effect without the invalid
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GBore 26
4097LIT
"~/16/8~7
2E
GEPALD~J. GEENLINGS
COUNiYCOUhSEL
SUITE 700
J535 ~ IOTH STfiEET
RIVERSIDE. C/ UFONHIR
BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNiA
BY ~[~~t'~ ~~- l ~`%=G ~.~" ~',~'~1,_
Chaicm'~dn, Boacd of Superviso~s
~i
-zZ~
!
p[ovision or application, and to this end, the p[ovisions of the
ordinance are heceby declaced to be severable.
Section 27. CONFLICT WITH EXISTING TAWS. The ptovisions of
any existinq o~dinance o~ State or Federal law affocding q~eate~
protection to the public health ot safety, shall pcevail within
this jurisdiction over the ptovisions of this ocdinance and the
standacds adopted or incoepo~ated by cefecence heceunder.
Secti_om 28• REPF.AL. Rive~side County Ordinance No. 340,
and all amendments theceto, shall be cepeaLed and of no furthe=
foree oc effect upon the effective date of this ocdinance.
Section 29. EFFECTIVE DATE. This otdinance shall take
effect sixty (60) days after its adoption.
ATTEST: OCT 3 I~}^89
GERALD A. MALONEY
Cle~k of the Boacd
By`-' ~~ ~' '
, Deput
(SEAL)
e
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STATE OF CAUFORNIA~ u
COUNTY OF RIVERSIDE)
I HEREBY ~ERTIFY that at a reyular maetinp of the board of $upervi;ors of said cpunty
held o~ October 31~___._19 89 , the forepoi~ ordinance consisting of-. z9
sections was adopted by said Board by the followiny vct~.
AYES: Supervtsors Ceniceros, Dunlap, Larson, Abraham, Younqlove
NOES`. None
ABSENT: None
GERALD A. MALONEY
Dated: 10 / 31 /. 8 9 Clerk of fhe BoBed
\
~y , ~R~,,,,r• ~~~~~,` ~ , Deputy
(Seall
3.5
.i~~LBZ~ ~ ~ . . ,