The use of on-site sewage facilities in close proximity to private water wells in the town is causing or may cause groundwater contamination or is injurious or may injure the public water well and public health.
(1999 Code, sec. 11.701)
All private water wells are subject to the following stipulations:
(1) 
Permit required; conditions.
Any person proposing to drill or install a private water well or improve an existing water well within the town limits must receive a permit from the town before proceeding with any work. Private water wells of any type may not be cross-connected with the town water system and must meet all rules and regulations required by the state, the county and the town.
(A) 
Lot size.
The minimum lot size for subdivision and/or parcels of land requiring the use of private water wells for residential development utilizing on-site sewage facilities shall be at least two (2) acres of usable land outside of any easements and right-of-way dedications for each individual residence.
(B) 
Minimum setbacks.
(i) 
From any OSSF tank, OSSF lines or surface application (edge of spray area) is one hundred fifty (150) feet.
(ii) 
From any property line or easement, one hundred (100) feet.
(C) 
Additional standards.
No well shall be approved and no permit issued until all applicable rules and regulations issued by the state, the county and the town are met for any well intended for household (potable) water use and if a connection to the town’s water system is readily available and within a reasonable distance from the proposed structure to be connected to the system. Consideration for connection requirements shall be the authority of the public works director or town’s engineer. In the event a property owner desires to drill or use a well to supplement town water service, said well shall meet all applicable rules and regulations issued by the state, the county and the town and such well may be used only for irrigation purposes and shall not be connected to the household water system or to the town water system.
(2) 
Revocation of permit.
The town shall revoke the permit for any private water well which violates the provisions of this article or any of the laws of the state.
(3) 
Notice of violation.
In the event of a violation in the water well system, the owner shall be notified by a written notice of violation issued by the director of public works and shall be required to correct the violation within the time set by the director of public works and obtain all town permits necessary.
(4) 
Failure to comply with notice.
If the owner does not correct the violation within the time stated by the director of public works, the permit shall be revoked and the well shall be considered abandoned.
(5) 
Plat map or site plan.
The location of private water wells approved by the town shall be shown on a plat map or a site plan prepared by a registered professional land surveyor or registered engineer indicating the proposed location of the proposed well, any other wells and/or on-site sewage facilities within one hundred fifty (150) feet of the proposed well and the location and a description of the existing or proposed use of the subject property. The plat map or site plan shall be recorded with the town and county upon issuance of the well permit and a well log shall be recorded with the town and county upon completion of the well.
(6) 
Inspections; violations.
All private water wells shall be subject to inspection by the director of public works or his/her designee to ensure compliance with town regulations and the state rules and regulations for the use of private wells. Noncompliance with town regulations or refusal of inspection shall be cause for revocation of the private well permit. Any inspection which reveals any threat to the town water system or town water supply, as determined by the director of public works, shall be subject to a desist order, which shall remain in effect until such threat is eliminated, and applicable penalties in section 12.04.009.
(1999 Code, sec. 11.702)
The town, wishing to adopt more stringent rules for its private well ordinance, understands that the more stringent conflicting applicable rule shall take precedence over the corresponding less stringent rule, state, county or local. Listed below is the more stringent rule adopted by the town. This article repeals and replaces any other water well ordinance for the town.
(1999 Code, sec. 11.703)
The rules for private water wells are hereby adopted, and all officials and employees of the town having duties under said rules are authorized to perform such duties as are required of them under said rules. Any permit issued for a private well within the jurisdictional area of the town must comply with the rules adopted in section 12.04.002 of this article.
(1999 Code, sec. 11.705)
Texas Administrative Code title 30, chapter 290; the technical requirements of Texas Administrative Code title 16, chapter 76; Texas Occupations Code chapters 1901 and 1902; and any applicable chapters of same, and all future amendments and revisions thereto, are hereby incorporated by reference and are thus made a part of these rules.
(1999 Code, sec. 11.706; Ordinance adopting Code)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the town council.
(1999 Code, sec. 11.708)
This article adopts and incorporates all applicable penalties for violation applicable hereto, which includes, but is not limited to, penalties found in the Texas Water Code and title 30 TAC chapter 290, as well as any penalty available under this code in an amount in accordance with the general penalty provision found in section 1.01.009 of this code for each offense.
(1999 Code, sec. 11.709)