The city council designates the director of public works or his designee, who shall be responsible for the enforcement of the provisions of this article and shall have the following powers:
(1) 
To make or have made examinations of all wells within the city, privately owned or otherwise;
(2) 
To make of have made at any time the necessary analysis for tests of water therefrom;
(3) 
To go upon the land and property of the owner of a well for that purpose;
(4) 
To require the owner to furnish all information requested concerning a well, including, in the case of new wells, complete logs of the well showing depth to the aquifer through all geological formations encountered;
(5) 
To supervise the construction, repair, abandonment and plugging of wells and the operation of such wells. The director of public works or his designee shall keep a register of all wells within the area defined in subsection (1) above, which shall show the name of the owner, the location, and the date of construction of each well, its depth and diameter, the purpose for which the well was constructed, and if abandoned, the date of abandonment.
(1999 Code, sec. 38-110)
It shall be deemed a violation of this article for any person to fail or refuse to comply with any order of the city council or their designee made in conformity with and under the authority of this article.
(1999 Code, sec. 38-111)
The provisions of this article shall apply to all wells or other openings greater than ten feet in depth. Furthermore, the owner of any proposed well shall be required to apply and receive from the city a permit to construct such a well or opening, the application for which shall supply all of the information required under section 22.07.045, and for such permit the city shall charge and receive the fee hereinafter provided.
(1999 Code, sec. 38-112)
It shall be unlawful for any person to drill or otherwise construct, repair, correct, abandon or plug a well, or to engage upon such work, within the limits of the area defined in section 22.07.002(1), or to employ anyone else to engage in such work, without first applying for and securing a permit from the city or a duly authorized agent thereof. Such permit may be granted with the approval of the city's authorized agent to any person who files with the city the application hereinafter required, and complies with all other provisions of this article applicable to him. No permits will be issued for wells to be drilled into the Trinity Aquifer, except for public water supply use, and owned by the city.
(1999 Code, sec. 38-113)
Every application for a permit for the drilling, construction, repair and correction, abandonment or plugging of a well shall state the name and address of the owner thereof; the purpose for which the permit is desired; the location of the well or the proposed well; its approximate depth; and if for a permit for the drilling or construction or repair and correction of a water well, the estimated amount of water to be pumped, or which is pumped daily, monthly or annually, and the use or uses for which the water will be or is required; if for a permit for the drilling or construction or repair and correction of a water well, the proposed method of drilling or construction, or the proposed method of repair and correction, and kind of equipment to be used; and in all cases the name of the contractors, and license number issued by the state commission on environmental quality, if done through a contractor, whom the owner desires to drill or construct, repair and correct or do the work pursuant to an abandonment of a well in compliance with this article.
(1999 Code, sec. 38-114)
It shall be the duty of the city council or its designated representative to inspect the property where any well is to be drilled, sunk, dug or bored and to refuse the issuance of a permit to drill, sink, dig or bore a well in a place which does not meet with its approval as to drainage and other sanitary conditions.
(1999 Code, sec. 38-115)
All permits shall be executed in triplicate, one copy delivered to the applicant, and one copy to the director of public works, and one copy shall be retained in the office of the city secretary.
(1999 Code, sec. 38-116)
The fees to be paid to the city for the permits required by this article shall be as follows:
(1) 
Permit for the drilling or construction of a new well up to 50 feet deep, $100.00.
(2) 
Permit for the drilling or construction of a new well 50 feet deep to 150 feet deep, $150.00.
(3) 
Permit for the drilling or construction of a new well 150 feet deep to 400 feet deep, $225.00.
(4) 
For the drilling or construction of a new well over 400 feet deep, the fee last named, and in addition thereto, for each 100 feet or fraction thereof in excess of 400 feet, $50.00.
(5) 
Permit to repair or correct a defective well, $150.00.
(6) 
Permit to abandon or plug a well, $150.00.
(7) 
Triennial inspection fee, $150.00.
(1999 Code, sec. 38-118)
All fees and other money collected by the city by virtue of this article shall be expended by the city to cover the expense of making examinations of wells within the city, to make or have made the necessary analyses and test of water therefrom, to supervise the construction, repair, abandonment and plugging of wells, and their operation, and such other expenses as may be necessary to enforce this article.
(1999 Code, sec. 38-119)
(a) 
Every well constructed, whether drilled, dug, or excavated, which encounters salt water or water containing mineral or other substance injurious to health or vegetation, shall be securely plugged and sealed or cased in such manner that the waters be confined to the stratum or strata in which found, and all wells shall be so constructed and cased in such manner that the waters be confined to the stratum or strata in which found, and all wells shall be so constructed and cased so that no water from one stratum can by reason of the construction of the well come in contact with waters from another stratum. The casing shall be set in top of the stratum from which water is to be taken and shall be cemented in place by a suitable method to be approved by the director of public works or his designee to the end that cement be forced up around the outside of the casing to the surface of the ground so that all water found in the strata, except that from which water is to be used, [shall be confined to the stratum or strata in which found, except that if a better method] shall be scientifically developed to accomplish the purpose mentioned, such better method may be prescribed by the city in lieu of cementing. The casing used shall be of weight per foot not less than the following:
Size of Casing
Minimum Weight
Per Foot
4-inch
10 pounds
5-inch
14 pounds
6-inch
18 pounds
8-inch
28 pounds
10-inch
40 pounds
12-inch
49 pounds
15-inch
60 pounds
18-inch
80 pounds
20-inch
89 pounds
(b) 
The casing shall be mechanically continuous from the point of setting the bottom of the well to a point not less than 12 inches above ground level and shall be so installed as to make impossible any leakage as against any pressures which may be encountered.
(c) 
If casing is of two or more diameter sizes, the different sizes shall be connected with threaded nipples or be sealed with rubber, cement or by some other manner satisfactory to the city.
(1999 Code, sec. 38-120)
Any well or other opening located inside the area defined in section 22.07.002(1) which penetrates the underground water supply and which pollutes or contaminates any other wells or the city's water supply is declared a nuisance, and on notice to the owner of such well, or to the operator thereof, or to his agent in charge of the well or of the property on which it is situated, issued by the director of public works or his designee, such nuisance shall be abated by the owner within ten calendar days from the date of such notice by filling and plugging the well or opening in the manner provided for in this article for abandoned wells; and if the owner or his agent shall fail to abate such nuisance within such time, the director of public works or his designee shall have the right to go onto the land or property upon which the well is situated and abate such nuisance in the manner provided herein and the owner thereof shall be liable to the city for the cost of such work and shall pay such cost upon demand to the owner by the city. A fine of not less than $1,000.00 nor more than $5,000.00 per day will be imposed on the owner and/or operator for each day that exceeds the ten calendar days. In such cases where a situation occurs that compliance cannot be made in ten calendar days, a request must be submitted to the director of public works or his designee to determine if circumstances warrant an extension. If the ten calendar days have expired prior to the request being submitted, the request will not be accepted, and all fines shall be imposed. Cost of repairs will not be considered as justification for an extension request. If, however, the owner can prove that he is financially unable to make the repairs, then said owner must submit, in writing, a request for the city to make the repairs and agree to make restitution in full to the city.
(1999 Code, sec. 38-121)
Every well, whether dug or drilled, which for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the city's water supply, or which for any reason would tend to pollute or contaminate any other well or the water in the source of the city's water supply, shall be considered a defective well and the director of public works or his designee on his own initiative or upon information or complaint from any source may make such an examination of any well suspected of being defective, and if such examination indicates, in the opinion of the director of public works or his designee, that the well is a probable source of contamination of the city water supply or any other well, or that the water from such well is unsafe for human consumption, he shall issue written instructions to the owner or his agent in charge of such well or the property [to comply] with the provisions of this article, and prescribe a time which in his judgment, under all the circumstances, is reasonable within which such instructions shall be complied with. It shall be unlawful for the owner or operator of such defective well to fail to comply with such instructions within the time prescribed by the director of public works or his designee. If instructions are not followed in the given time frame, a fine of not less than $1,000.00 per day, nor more than $5,000.00 per day, will be imposed.
(1999 Code, sec. 38-122)
(a) 
An abandoned well is: (i) a defective well which, in the judgment of the director of public works or his designee, cannot be corrected to comply with the requirements of this article, or (ii) any well which has been continuously out of use for a period of six months or longer. Whenever any wells have not been in active use for more than two years, the owner or operator of such well shall report the fact to the city in writing. Every abandoned well shall be filled and plugged with such materials and in a manner approved by the state commission on environmental quality that will, in its and the city's judgment, prevent the pollution and contamination of the city's water supply or the contamination of any other well within the limits of the city and at the expense of the owner of such well.
(b) 
Whenever the city shall receive notice from any source of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this article and/or the Texas Water Drillers Act or rules promulgated by the state commission on environmental quality, it shall notify the owner or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall instruct him to fill and plug such well in accordance with this article, and the owner or operator of such well shall comply with such order within 60 days after the date of written notice. Should he fail to so comply within such period or if, after using reasonable diligence, should the city fail to locate the owner or the agent in charge of such well or of the property upon which the well is situated, the director of public works or his designee may go on the land or property upon which the well is situated and fill and plug such well in the manner required by this article. Whenever it becomes necessary for the city to fill and plug any abandoned well, the owner thereof shall be liable to the city for the cost of doing such work and shall pay such cost upon demand.
(1999 Code, sec. 38-123)
The owner or lessee of property on which any well heretofore drilled or that may be hereafter drilled outside the city which is found to be a contaminating or polluting influence to the underground water-bearing strata from which the municipal water supply of the city is taken or drawn or may hereafter be taken or drawn, as well as the owner or lessee of all wells drilled inside the area defined in section 22.07.002, shall be subject to all the provisions of sections 22.07.052 and 22.07.053 and all other provisions of this article relating to the protection of the water supply of the city, and any such contaminating well may be abated as provided herein.
(1999 Code, sec. 38-124)
Any well or other opening located inside the area defined in section 22.07.002(1) which, in the sole opinion of the director of public works or his designee, presents an immediate threat and menace to the health, morals, safety or general welfare of the public, is declared to be a nuisance. The director of public works or his designee shall have the right to go on property upon which such wells are situated and abate the nuisance in a temporary manner. Such well shall thereafter be filled and plugged by the owner after giving of required notice and in such manner set out in section 22.07.054 hereof. The owner thereof shall be liable to the city for the cost of doing such temporary work under this section and shall pay such cost upon demand.
(1999 Code, sec. 38-125)
A person who violates any of the provisions of this article is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than $10.00 nor more than $5,000.00. Each day a violation occurs constitutes a separate offense.
(1999 Code, sec. 38-126)