(b)
Nothing in this article shall prohibit use or repair of a private
water well-constructed prior to the effective date of this article.
(ordinance adopted September 19, 2006; Ordinance 21-24 adopted 4/6/21)
It shall be unlawful for any person to drill private water well
for the purpose of serving any residence, business or industry within
the city or the extraterritorial jurisdiction (ETJ) of the city.
(Ordinance 21-24 adopted 4/6/21)
(a)
Notwithstanding section 13.17.002 above, if water service from the city or another utility district is not available within one thousand feet (1,000') of the property line of the subject property, a private water well or irrigation well for a single-family residence may be drilled only upon the issuance of a well drilling permit as follows:
(1)
No person shall drill any private water well in the city or the ETJ
without first obtaining a permit from the city.
(2)
Application for such permit shall be made in writing to the city
manager or his designee, and the city manager or his designee shall
consider said application within thirty (30) days from receipt thereof.
The city manager or his designee may grant such permit if, after said
consideration and investigation, the city manager or his designee
finds that:
(A)
A necessity exists for the drilling of said private water well;
(B)
If applicant is not permitted to drill said private water well, an
unreasonable hardship will be brought upon the applicant;
(C)
The drilling of said water well by the applicant will not at the
time or in the immediate future in any way affect, diminish or interfere
with the city water supply; and
(D)
Any required approval from the state has been obtained. Applicant
shall affirmatively show this.
(3)
The well drilling permit application shall include, at a minimum,
the following information:
(A)
The location of the property where the well is proposed, including
the specific location of the proposed well on such property;
(B)
Specifications for the well (whether the well will be drilled, bored,
or driven; well depth; well diameter);
(C)
The name, address and telephone number of the owner;
(D)
The location and distance from the proposed well to any septic tank,
sewer line, utility or telecommunication lines, creeks or streams,
lakes or ponds, flood zone areas, animal or livestock pens or barns,
streets or alleys;
(E)
The location and distance from the proposed well to all buildings
on the property;
(F)
The name, address and telephone number of the well driller;
(G)
The estimated construction cost of the proposed water well;
(H)
A written recommendation from a competent water engineer familiar
with sands at the proposed drilling site and the necessity for the
requisites of water conservation in Hood County, Texas, the cost of
said investigation and report to be paid by the person making said
application; and
(I)
Any additional information the city director of public works deems
necessary to permit the city manager or his designee to evaluate the
application.
(4)
There shall be a two hundred fifty dollars ($250.00) administrative
fee for each well drilling permit application filed if the proposed
well will be drilled for single-family residential use. There shall
be a five hundred dollars ($500.00) administration fee for each well
drilling permit application filed if the proposed well will be drilled
for business use. There will be a ten thousand dollar ($10,000.00)
administration fee for each well drilling permit application filed
if the proposed well is for industrial use. The purpose of such fee
is to recoup the administrative expenses incurred by the city in processing
a well drilling permit application. The administration fee shall be
retained by the city regardless of whether the applicant is issued
a permit.
(b)
Any person drilling a private water well pursuant to a city manager
or his designee authorized drilling permit shall abide by the following
conditions:
(1)
All private wells must be inspected and approved by the city prior
to being used.
(2)
The city may require the abandonment of existing private water wells
if the subject water threatens the public water supply or the health
of its citizens. All abandonment costs will be the responsibility
of the owner. The abandonment procedures must comply with all applicable
state commission on environmental quality (TCEQ) rules and regulations.
(3)
All private water wells shall be located so that there will be no
danger of pollution from flooding or from unsanitary surroundings,
such as privies, sewage, sewage treatment plants, livestock and animal
pens, solid waste disposal sites or underground petroleum and chemical
storage tanks and liquid transmission pipelines, or abandoned and
improperly sealed wells. In addition, all water wells shall be drilled
and maintained in accordance with the rules promulgated by the state
commission on environmental quality, including, without limitation,
the provisions of title 30 of the Texas Administrative Code, rule
290.41, as it may be amended.
(4)
All private wells shall be while either in use or abandoned, plugged
and covered on the top so as to prevent a person from falling into
the well. All abandoned wells not properly covered shall be plugged.
(Ordinance 21-24 adopted 4/6/21)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be fined not more than
two thousand dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ordinance 21-24 adopted 4/6/21)
Any person, firm, or corporation shall within ten (10) days
from the date of denial of any application for a private water well
file a notice of appeal with the city council, through the city manager’s
office and the city council shall within thirty (30) days:
(1)
Hear and decide an appeal that alleges error in an order, requirement,
decision, or determination made by an administrative official in the
enforcement of this subchapter or an ordinance adopted under this
subchapter.
(Ordinance 21-24 adopted 4/6/21)
