The purpose of this chapter shall be to provide a uniform procedure for protecting the groundwater by regulating the construction, reconstruction, placement and destruction of existing and abandoned water wells, test wells, test holes and excavations in the City; to prescribe permits required therefor; to apply penalties for the violations thereof; to provide for the Board of Building Regulations appeals to assist in the implementation hereof; and to insure that such water wells, test wells, test holes and excavations are consistent with and promote the public health, safety and welfare.

The Chief Building Official of the City may promulgate rules and regulations consistent with the purpose of this chapter. Whenever such rules and regulations are promulgated and approved, they shall be available to the public in the Building Department of the City.

Words in this chapter shall be used in their ordinary sense unless otherwise defined in this section or in the rules and regulations promulgated by the City Building Department, as adopted by resolution of the City Council.

Administrative Authority. Whenever the term "Administrative Authority" is used in this chapter, it shall be construed to mean the City Health Officer of the City of Santa Rosa or his authorized representative.

The Administrative Authority shall determine the classes of and requirements for the issuance of water well permits. This determination shall be consistent with the purposes of this chapter and the rules and regulations promulgated by the City Building Department, as adopted by resolution of the City council.

Any person who installs, maintains or abandons a well, test well, test hole or excavation in any manner that will result in the pollution or contamination of the potable groundwater, or which allows the entrance of surface waters into the potable or usable groundwater, or which allows direct connection to a City or community water system, shall be guilty of a misdemeanor. Any person who constructs, reconstructs or destroys a water well, test well, test hole or excavation without obtaining a valid permit therefor, as provided in this chapter, shall be guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed.

If evidence is presented to the satisfaction of the Administrative Authority that any existing or abandoned well, test well, test hole or excavation is polluting or contaminating the potable groundwater, or is a direct or potential hazard to the purity of potable water, the Administrative Authority shall declare such well, test well, test hole or excavation a nuisance and shall require that repairs be made to such well, test well, test hole or excavation to eliminate the nuisance, or that such well, test well, test hole or excavation be abated in accordance with the provisions specified in the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, and the whole thereof save and except that wherever the word "dangerous building" is used in the Uniform Code for the Abatement of Dangerous Buildings, it shall be held to mean "existing or abandoned wells, test wells, test holes or excavations which have been declared a nuisance."

Any person violating the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of damages incurred as a result of such violation.

Whenever a violation of the provisions of this chapter causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such condition.

All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

The findings and determinations set forth in Section 1 of Ordinance No. 3439 are incorporated herein by reference.

Notwithstanding any other provision of law, in a zone of groundwater contamination, there shall be no cross-connection between a well and either of the following: (1) the City's or any other public potable or recycled water supply system, or (2) piping for potable or recycled water purposes. To ensure proper implementation of this provision, (1) underground piping connected to such a well shall be disconnected at the well head, or (2) for any continued use of groundwater in a zone of groundwater contamination which is not prohibited by this article, or other applicable law, either (a) aboveground piping shall be used to deliver the water from the well head to the point of use, or (b) the owner of the developed parcel shall demonstrate to the satisfaction of the administrative authority that there is no cross-connection between underground piping for any allowable use and piping for potable or recycled water purposes. Once piping has been disconnected from a well, no re-connection shall be allowed in the future.

No new water supply well shall be installed or constructed in the Red Zone. Additionally, prior to issuing any well permit in any area within 2000 feet of the outer boundary of the Red Zone, the administrative authority shall consider the potential effect of the proposed new water well on contaminant spreading and movement within the Red Zone. Within 2000 feet of the outer boundary of the Red Zone, no new water well shall be installed or constructed unless (1) the applicant has submitted a hydrologic report to the administrative authority which documents that the well will not affect contaminant spreading and movement in the Red Zone and (2) the administrative authority concurs with the report.

Any owner of a developed parcel who asserts that his or her use of groundwater for potable water purposes in a zone of groundwater contamination does not, and will not, have the reasonable potential to draw contaminated water or significantly affect the movement of contaminated water, or who asserts that this chapter is unconstitutional as applied to him or her shall have the right to appeal the requirement of mandatory water supply connection to the administrative authority. The administrative authority has the authority to adopt reasonable rules and regulations regarding the appeal procedure and his or her decision on the appeal shall be final.

It is the intent of the Council to encourage voluntary compliance with this article. Should it become necessary to enforce this article, the Council declares its intention to use its authority under the police power and the provisions of Health and Safety Code Section 101024, et seq., in addition to any and all other remedies available to the City under the law, to take action deemed necessary to protect the public health and safety. Based on the findings above, the Council declares that continued use of a groundwater well in violation of the water supply connection requirements in this article constitutes a public nuisance.