§ 5-1.503. Definitions.

(a)

"Abandoned well" means a well that has not been used for a period of one (1) year, unless the owner or person in lawful possession of the well demonstrates his/her intention to use the well again for supplying water or other associated purpose (such as an observation well). The well shall then be considered "inactive." As evidence of his/her intentions for continued use, the owner shall properly maintain the well in such a way that:

(1)

The well has no defects which will allow the impairment of quality of water in the well or in the water-bearing formations penetrated.

(2)

The well is covered such that the cover is watertight and cannot be removed except with the aid of equipment or the use of tools.

(3)

The well is marked so that it can be clearly seen.

(4)

The area surrounding the well is kept clear of brush or debris.

If the pump has been removed for repair or replacement, the well shall not be considered "abandoned." During the repair period, the well shall be adequately covered to prevent injury to people and to prevent the entrance of undesirable water or foreign matter.

Observation or test wells used in the investigation or management of groundwater basins by governmental agencies or engineering or research organizations are not considered "abandoned" so long as they are maintained for this purpose. However, such wells shall be covered with an appropriate cap, bearing the label, "Observation well," and the name of the agency or organization, and shall be secured and locked when measurements are not being made. When these wells are no longer used for this purpose or for supplying water, they shall be considered "abandoned."

(b)

"Cathodic protection well" means any artificial excavation by any method for the purpose of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground.

(c)

"Code" means the Municipal Code of the City of Modesto.

(d)

"Department" means the Public Works Department of the City of Modesto.

(e)

"Director" means the Public Works Director of the City of Modesto or their duly authorized representative.

(f)

"Monitoring well" means any well used exclusively for monitoring or sampling conditions of a water-bearing aquifer, e.g., water pressure, depth, movement, or quality.

(g)

"Exploratory boring" means an uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.

(Added by Ord. 2703-C.S., § 1, amended during 11-98 supplement and by Ord. 3129-C.S., § 1, and Ord. 3365-C.S., § 1, effective 12-9-04)