It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to contamination of the public water supply, to maximize groundwater protection/pollution abatement control procedures, and to effectuate land use restrictions that:
(1) 
Protect human life and health;
(2) 
Minimize expenditure of public money for costly pollution remediation projects;
(3) 
Minimize business interruptions;
(4) 
Minimize damage to public facilities and utilities such as water mains, sewer lines, and treatment facilities;
(5) 
Ensure that the public is provided with a safe potable water supply now and for future generations; and
(6) 
Protect the natural resources of the state.
(1999 Code, sec. 38-100)
In order to accomplish its purpose, this article shall employ the following methods:
(1) 
Establish a wellhead protection area (WHPA) based on a five-year time of travel.
(2) 
Restrict or prohibit uses within the WHPA that pose risks of contamination to the public water supply (PWS).
(3) 
Control anthropogenic activities within the WHPA that may increase the threat of potential contamination of the public water supply.
(4) 
Frequent monitoring of existing and future anthropogenic activities within the WHPA that have been identified as potential sources of contamination.
(5) 
Enforcement of all applicable laws governing pollution abatement and control, storage and transport of hazardous toxic materials, and collection, storage, and transport and treatment of municipal and industrial sewage.
(6) 
Develop contingency plans for alternative drinking water supplies to help mitigate contamination of the current public water supply.
(7) 
Inventory all potential sources of contamination within designated WHPA(s) every three years.
(8) 
Enforcement of state and local laws regulating on-site sewage systems.
(9) 
Prohibition of storage of hazardous or toxic materials within the WHPA that is upgrade of the PWS well.
(10) 
Enclosure of the PWS well within a fenced enclosure accessible only via a locked gate. Well identification should be posted on the fence.
(11) 
Posting of signs that state "Wellhead Protection Area, City of Highland Village" around the perimeter of the WHPA(s) and governing ordinances.
(12) 
Regulation of the construction, operation, correction and abandonment of water wells within the city limits.
(13) 
Develop and implement an emergency response plan to deal with potential contamination events.
(14) 
Public education.
(15) 
Establish a water control and abatement program that encompasses the entire corporate city limits and areas within the city's extraterritorial jurisdiction (ETJ).
(1999 Code, sec. 38-101)
This article shall apply to all areas located within the designated WHPA(s) as designated by the director of public works or his designee. Division 2 shall apply to all areas within the city limits.
(1999 Code, sec. 38-130)
The wellhead protection area was delineated by the state commission on environmental quality (TCEQ) using a site-specific method stipulated in the Texas Wellhead Protection Program Description and is based on a five-year time of travel. Information submitted to the TCEQ required for this delineation included the maximum anticipated pumpage of each well in gallons per minute (GPM), the screened interval for each well, and the depth of each well. The respective wells were plotted on a city map and submitted to the TCEQ for delineation and compilation of a wellhead protection report. As required, an inventory of the WHPA(s) will be conducted by an organized group formed of citizens of the community, the results of which will be submitted to the TCEQ for inclusion in the report, which will be presented to the community upon completion.
(1999 Code, sec. 38-131)
A permit governing construction, operation, correction, and abandonment of wells shall not impinge on existing permitting requirements currently in effect, nor is it the intent of this article to invalidate their purpose.
(1999 Code, sec. 38-132)
It shall be deemed a violation of this article for any person to fail or refuse to comply with any order of the director of public works or his designee made in conformity with and under the authority of this article.
(1999 Code, sec. 38-133)
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(1999 Code, sec. 38-134)
In the interpretation and application of this article, all provisions shall be:
(1) 
Considered as minimum requirements;
(2) 
Liberally construed in favor of the governing body; and
(3) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(1999 Code, sec. 38-135)
The degree of protection of the city's PWS wells and public water supply is considered reasonable for regulatory purposes and is based on scientific and engineering considerations along with best professional judgment. It is recognized that not all potential sources of contamination are unavoidable and that a contamination event may occur due either to man-made or natural causes. This article does not imply that the WHPA(s) will totally preclude a contamination event from taking place. This article shall not create liability on the part of the city or any official or employee thereof for any damages that result from reliance on this article or any administrative decision lawfully made thereunder.
(1999 Code, sec. 38-136)