(a) The
rules, regulations, policies and procedures for the operation, maintenance,
improvements and extensions of the municipally owned water, reclaimed
water and sewerage systems on file in the office of the city secretary
are hereby adopted and shall be enforced by the officers of the city.
(b) Sections 3(1) and 3(b) of the rules, regulations, policies and procedures for the operation, maintenance, improvement and extension of the municipally owned water and sewerage system as adopted in subsection
(a) of this section are hereby amended by the adoption of the revised city-developer agreement, developers’ cash escrow, contractors’ performance, payment and maintenance bonds, along with contracts and forms, copies of which revised forms are on file in the office of the city secretary and are by reference incorporated in this section. Such forms adopted hereby shall be those forms required by the city in utility extension procedures.
(c) Outdoor
watering, using city provided potable water, through sprinklers or
irrigation systems is prohibited between 10:00 a.m. and 6:00 p.m.
each day of the week year round. Home foundations, lawns, and new
landscape plantings may be watered by handheld hose, drip irrigation
or a soaker hose.
(d) If, reclaimed water is made available by the city to a property within the city, the owner of such property shall be required to utilize reclaimed water for all landscape irrigation purposes, except for residential irrigation of single-family homes, in accordance with all applicable local, state, and federal regulations. The owner of said property shall construct, connect to, and use reclaimed water as set forth in Chapter
86 of the City of Euless Code of Ordinances. Use of reclaimed water shall provide an exemption from the requirements of drought restrictions defined in section
86-36.
(e) Property described in section
86-26(d), which fail to comply with the requirements of the 86-26(d) will be billed for landscape irrigation use of potable water at the rate specified in section
30-35 “water and wastewater service-monthly rates,” “irrigation service,” “supplemental irrigation.”
(Code 1974, § 16-1; Ordinance 1777, § I, 6-26-07; Ordinance 1923, § 3, 8-30-11; Ordinance 2003, § 3, 8-27-13; Ordinance 2023, § 2, 2-25-14; Ordinance 2231, § 5, 9-10-19)
Customers moving or changing locations must pay all debts from
previous addresses before receiving service at new locations. The
deposit at an address cannot be changed to another name for the purpose
of receiving service without paying outstanding debts.
(Code 1974, § 16-2)
It will be considered theft of city services to take water from
the water system, or dump anything into the city sanitary sewer system
unless all requirements of this chapter pertaining to city services
are complied with.
(Code 1974, § 16-3)
If deficient water pressure or deficient water reserves occur,
the mayor is authorized and empowered without further council action
to declare by proclamation any measures deemed necessary to restore
water pressure or reserves, including a total and complete prohibition
of all outside water usage.
(Code 1974, § 16-4)
Hotels, motels, office buildings, tourist courts, trailer parks,
duplexes and apartment buildings shall be allowed more than one unit
per water meter. All other customers must have one meter and one sewer
connection per residence, business or consumer.
(Code 1974, § 16-5)
(a) Each
month’s charges shall be due and payable on or before the 20th
day after the date of the bill. If such charges are not paid within
25 days from the date of bill, a penalty shall be added in the amount
of ten percent of the past due amount.
(b) If the
bill is not paid or other disposition made within 15 days of the date
of the billing, water service is subject to termination.
(c) Receipt
of a check that is dishonored shall be deemed nonpayment, and there
shall be an additional bad check service charge.
(d) Fire hydrant meters shall be returned to the city water billing office at 201 N. Ector Drive, for reading prior to the 20th of each month. Failure to return fire hydrant meters for reading will result in a nonrefundable service charge as established in chapter
30, section
30-34.
(Code 1974, § 16-6; Ordinance 1091, § 1, 9-8-92; Ordinance 1237, § 1, 8-12-97; Ordinance 1470, § 1, 6-26-01)
(a) If any portion of a month’s charges remain unpaid 36 days after the billing date, a tag will be delivered to the service address notifying the customer of delinquent charges. If the charges are not paid prior to 12:00 noon the following day, service at the delinquent address will be discontinued. A service charge will be assessed as established in chapter
30, section
30-34 for delivery of the delinquent tag. An additional deposit will be required for those accounts that have had service terminated for nonpayment as established in chapter
30, section
30-34. Service shall not be continued or reconnected until all current and delinquent charges have been paid.
(b) The
city manager shall appoint a city utility hearing officer who shall
serve in that capacity at the pleasure of the city manager. The city
utility hearing officer shall be empowered to resolve billing errors
in advance of any scheduled date of service termination. Any user
or customer shall be entitled to a pre-termination hearing before
the utility hearing officer prior to the cutoff date specified in
the delinquent notice. It will be the duty of the utility hearing
officer to determine that customers are not overcharged or charged
with services not rendered.
(c) A lien
is hereby imposed against an owner’s property, unless it is
a homestead as protected by the Texas Constitution, for delinquent
bills for municipal utility service to that property. A homestead
is a place of residence owned by the person living there and intended
by the owner to be the owner’s primary personal residence, indefinitely.
(d) The
city’s lien shall not apply to bills for service connected in
a tenant’s name after notice by the property owner to the city
that the property is rental property. Such notice shall be in writing
and shall not be effective until delivered to the city water billing
office. The city’s lien also shall not apply to bills for service
connected in a tenant’s name prior to the effective date of
this section.
(e) The
city shall perfect its lien by recording in the real property records
of Tarrant County, Texas, a “Notice of Lien” containing
a legal description of the property and the city’s account number
under which the delinquent charges were incurred. The city’s
lien may include penalties, interest and collection costs as provided
elsewhere in this chapter or otherwise. The city’s lien is inferior
to a bona fide mortgage lien recorded before the recording of the
city’s lien in the real property records, but is superior to
all other liens, including previously recorded judgment liens and
any liens recorded after the city’s lien.
(Code 1974, § 16-7; Ordinance 1237, § 2, 8-12-97; Ordinance 1470, § 2, 6-26-01; Ordinance 1605, § I, 9-23-03; Ordinance 1881, § 4, 8-31-10)
No sewer service shall be provided to any customer outside the
city except on specifically expressed consent by the city council.
(Code 1974, § 16-8)
All customers connected to the sanitary sewage system who have
a source of water supply that is in addition to, or in lieu of, the
city water supply must have a meter approved and tested by the city
on that source of water supply and the volume charge as set forth
in this chapter shall be based on the sum of the volumes delivered
by all sources of supply. Such method of volume determination will
not be applicable if the customer installs a meter approved by the
city on the wastewater produced by the customer before it enters the
city sanitary sewer.
(Code 1974, § 16-9)
(a) Civil
penalties.
Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulations and permits issued hereunder, shall be fined as provided in section
1-12 of this Code for violations of provisions governing public health and sanitation. In addition to the penalties provided herein, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.
(b) Falsifying
information.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine as provided in section
1-12 of this Code for violations of provisions governing public health and sanitation.
(Code 1974, § 16-10; Ordinance 1077, § XXIII, 5-12-92)
(a) Introduction.
The purpose of this drought contingency
plan is as follows:
(1)
To conserve the available water supply in times of drought and
emergency.
(2)
To protect and preserve public health, welfare, and safety.
(3)
To maintain supplies for domestic water use, sanitation, and
fire protection.
(4)
To minimize the adverse impacts of water supply shortages.
(5)
To minimize the adverse impacts of emergency water supply conditions.
(b) Drought stages - trigger criteria, actions and termination.
The city manager or
his/her designee in consultation with the Trinity River Authority
(TRA) will monitor the water supply and shall determine when conditions
warrant initiation of each of the following stages:
(1)
Stage 1: water watch.
a.
Triggering conditions:
1.
Total combined raw water supply in Tarrant Regional Water District
(TRWD) western and eastern division reservoirs drops below 75% (25%
depleted) of conservation storage.
2.
Water demand has exceeded or is expected to exceed 80% of maximum
sustainable production of delivery capacity for an extended period.
3.
Water demand is projected to approach the limit of permitted
supply.
4.
Supply source becomes contaminated.
5.
Water supply system is unable to deliver water due to the failure
or damage of major water system components.
6.
The city manager, or his/her designee, with concurrence of TRA,
finds that conditions warrant the declaration of a stage 1 drought.
b.
Terminating conditions.
Stage 1, water watch will
be terminated when the total combined raw water supply in TRWD's
western and eastern division reservoirs exceeds 95% of conservation
storage or remains above 85% for 90 consecutive days, whichever occurs
first and/or when the circumstances that caused the initiation of
stage 1 no longer prevail, or at the discretion of the city manager,
or his/her designee.
c.
Goal for use reduction.
The goal for water use
reduction under stage 1, water watch, is to decrease use by five percent.
If circumstances warrant, the city manager can set goal for greater
water use reduction.
d.
Actions available under stage 1, water watch.
The city manager may order the implementation of any of the actions
listed below, as deemed necessary. Measures imposing mandatory requirements
on customers require notification to TCEQ.
1.
All water users.
(i) Initiate mandatory restrictions to prohibit nonessential
water use as follows:
A. Prohibit hosing of paved areas, such as sidewalks,
driveways, parking lots, tennis courts, or other impervious surfaces.
B. Prohibit hosing of buildings or other structures
for purposes other than fire protection.
C. Prohibit using water in such a manner as to allow
runoff or other waste, including failure to repair a controllable
leak within a reasonable period of time after having been given notice
to repair such leak.
(ii) Prohibit outdoor watering with sprinklers or irrigation
systems between 10:00 a.m. and 6:00 p.m. (city requires this restriction
yearround).
(iii) Limit landscape watering with sprinklers or irrigation
systems at each service address to twice per week. (Exceptions: Foundations,
new plantings (first year) may be watered on any day by handheld hose,
drip irrigation, or a soaker hose. Restrictions do not apply to locations
using treated wastewater effluent for irrigation.)
(iv) Washing of any motor vehicle, motorbike, boat,
trailer, airplane, or other vehicle shall be limited to the use of
a hand-held bucket or a handheld hose equipped with a positive shutoff
nozzle for quick rinses. Vehicle washing may be done at any time on
the premises of a commercial carwash or commercial service station.
Further, such washing may be exempt from these requirements if the
health, safety, and welfare of the public are contingent upon frequent
vehicle cleansing, such as garbage trucks and vehicles used to transport
food and perishables.
(v) Encourage reduction in frequency of draining and
refilling swimming pools.
(vi) Encourage use of Texas native and drought tolerant
plants in landscaping.
(vii) Watering of athletic fields (field only, does
not include surrounding landscaped areas) used for organized sports
practice, competition, or exhibition events may occur as necessary
to protect the health and safety of the players, staff, or officials
present for athletic events. A water use management plan must be submitted
to and approved by the city detailing a proposed watering plan.
2.
Municipal government.
In addition to actions listed
above:
(i) Review conditions and problems that caused stage
1.
(ii) Increase public education efforts on ways to reduce
water use.
(iii) Intensify leak detection and repair efforts.
(iv) Increase enforcement efforts.
(v) Municipal parks and golf courses using potable
water restricted to twice per week landscape watering schedule. (Exceptions:
Golf courses may water greens and tee boxes without restrictions;
foundations, new plantings (first year) may be watered on any day
by handheld hose, drip irrigation, or a soaker hose. Restrictions
do not apply to locations using treated wastewater effluent for irrigation.)
(vi) Reduce nonessential water use. As used herein,
nonessential water uses are those that do not have any health or safety
impact and are not needed to meet the core function of the agency.
3.
Commercial or industrial.
(i) Limit landscape watering of parks and golf courses
using potable water to twice per week. (Exceptions: Golf courses may
water greens and tee boxes without restrictions; foundations, new
plantings (first year) may be watered up to two hours on any day by
handheld hose, drip irrigation, or a soaker hose. Restrictions do
not apply to locations using treated wastewater effluent for irrigation.)
(ii) Identify and encourage voluntary reduction measures
by high-volume water users through water use audits.
(iii) Encourage hotels and restaurants to serve drinking
water to patrons on an "on demand" basis.
(2)
Stage 2: water warning.
a.
Triggering conditions.
1.
Total raw water supply in TRWD western and eastern division
reservoirs drops below 60% (40% depleted) of conservation storage.
2.
Water demand for all or part of the delivery system exceeds
delivery capacity because delivery capacity is inadequate.
3.
Water demand has exceeded or is expected to exceed 85% of maximum
sustainable production of delivery capacity for an extended period.
4.
Supply source becomes contaminated.
5.
Water supply system is unable to deliver water due to the failure
or damage of major water system components.
6.
The city manager, with concurrence of the TRA, finds that conditions
warrant the declaration of a stage 2 drought.
b.
Terminating conditions.
Stage 2, water warning,
will be terminated when the total combined raw water supply in TRWD's
western and eastern division reservoirs exceeds 75% of conservation
storage or remains at or above 70% for 30 consecutive days, whichever
occurs first, and/or when the circumstances that caused the initiation
of stage 2 no longer prevail, or at the discretion of the city manager.
c.
Goal for use reduction.
The goal for water use
reduction under stage 2, water warning, is to decrease use by 10 percent.
If circumstances warrant, the city manager can set a goal for greater
water use reduction.
d.
Actions available under stage 2, water warning.
The city manager may order the implementation of any of the actions
listed below, as deemed necessary. Measures imposing mandatory requirements
on customers require notification to TCEQ.
1.
All water users.
(i) Continue actions under stage 1.
(ii) Limit landscape watering with sprinklers or irrigation
systems at each service address to once per week (Exceptions: Foundations,
new plantings (first year) may be watered on any day by handheld hose,
drip irrigation, or a soaker hose. Restrictions do not apply to locations
using treated wastewater effluent for irrigation.)
(iii) Prohibit use of water for dust control, except
as required to protect public health.
(iv) Restrict the operation of ornamental fountains
or ponds that use potable water except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
(v) Encourage the public to wait until the current
drought or emergency situation has passed before establishing new
landscaping.
(vi) Watering of athletic fields (field only, does
not include surrounding landscaped areas) used for organized sports
practice, competition, or exhibition events may occur as necessary
to protect the health and safety of the players, staff, or officials
present for athletic events. A water use management plan must be submitted
to and approved by the city detailing a proposed watering plan.
2.
Municipal government.
In addition to actions listed
above:
(i) Continue actions under stage 1.
(ii) Increase frequency of media releases on water
supply conditions.
(iii) Further accelerate public education efforts on
ways to reduce water use.
(iv) Limit landscape watering at municipal parks and
golf courses to once every seven days. Greens and tee boxes may be
watered as needed to keep them alive, however watering must be done
during off-peak hours, before 10:00 a.m. and after 6:00 p.m. (Exceptions:
Foundations, new plantings (first year) of shrubs, and trees may be
watered on any day by handheld hose, drip irrigation, or a soaker
hose. Restrictions do not apply to locations using treated wastewater
effluent for irrigation.)
(v) Halt nonessential water use. As used herein, nonessential
water uses are those that do not have any health or safety impact
and are not needed to meet the core function of the agency.
(vi) Prohibit wet street sweeping.
3.
Commercial or industrial.
(i) Continue actions under stage 1.
(ii) Limit landscape watering of parks and golf courses
using potable water to once every seven days. Greens and tee boxes
may be watered as needed to keep them alive, however watering must
be done during off-peak hours, before 10:00 a.m. and after 6:00 p.m.
(Exceptions: Foundations, new plantings (first year) may be watered
any day by handheld hose or a soaker hose. Restrictions do not apply
to locations using treated wastewater effluent for irrigation.)
(3)
Stage 3: water emergency.
a.
Triggering conditions.
1.
Total raw water supply in TRWD western and eastern division
reservoirs drops below 45% (55% depleted) of conservation storage.
2.
Water demand has exceeded or is expected to exceed 90% of maximum
sustainable production of delivery capacity for an extended period.
3.
Water demand for all or part of the TRWD delivery system exceeds
delivery capacity because delivery capacity is inadequate.
4.
One or more of TRWD's water supply sources has become limited
in availability.
5.
Water demand is projected to approach the limit of permitted
supply.
6.
Supply source becomes contaminated.
7.
Water supply system is unable to deliver water due to the failure
or damage of major water system components.
8.
The city manager, with concurrence of the TRA, finds that conditions
warrant the declaration of a stage 3 drought.
b.
Terminating conditions.
Stage 3, water emergency,
will be terminated when the total combined raw water supply in TRWD's
western and eastern division reservoirs exceeds 60% of conservation
storage or remains at or above 55% for 30 consecutive days, whichever
occurs first, and/or when the circumstances that caused the initiation
of stage 3 no longer prevail, or at the discretion of the city manager.
c.
Goal for use reduction.
The goal for water use
reduction under stage 3, water emergency, is to decrease use by 20
percent. If circumstances warrant, the city manager can set a goal
for greater water use reduction.
d.
Actions available under stage 3, water emergency.
The city manager can order the implementation of any of the actions
listed below, as deemed necessary. Measures imposing mandatory requirements
on customers require notification to TCEQ.
1.
All water users.
(i) Continue actions under stage 1 and 2.
(ii) Prohibit residential landscape watering, except
foundations and trees may be watered for two hours on any day (or
on a once per week schedule as set by city government) with a handheld
hose, drip irrigation, or a soaker hose.
(iii) Prohibit establishment of new landscaping.
Variances may be granted for those landscape projects started
prior to the initiation of stage 3 drought restrictions. However,
variances will not be granted for the irrigation of new landscape
and/or turfgrass installations after the initiation of stage 3 drought
restrictions.
(iv) Vehicle washing is restricted to commercial carwashes,
commercial service stations, or professional washing services only.
This includes home and charity carwashing. The washing of garbage
trucks and vehicles used to transport food and/or other perishables
may take place as necessary for health, sanitation, or public safety
reasons.
(v) Prohibit the operation of ornamental fountains
or ponds that use potable water except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
(vi) Prohibit the draining, filling, or refilling of
swimming pools, wading pools and Jacuzzi type pools. Existing private
and public pools may add water to maintain pool levels.
(vii) Watering of athletic fields (field only, does
not include surrounding landscaped areas) used for organized sports
practice, competition, or exhibition events may occur as necessary
to protect the health and safety of the players, staff, or officials
present for athletic events. A water use management plan must be submitted
to and approved by the city detailing a proposed watering plan.
2.
Municipal government.
In addition to actions listed
above:
(i) Continue actions under stage 1 and 2.
(ii) Implement viable alternative water supply strategies.
(iii) Increase frequency of media releases explaining
emergency situation.
(iv) Reduce municipal water use to maximum extent possible.
Restrictions do not apply to locations using treated wastewater effluent
for irrigation.
(v) Prohibit the permitting of new public and private
swimming pools, Jacuzzi-type pools, spas, ornamental ponds and fountain
construction. Pools already permitted and under construction may be
completely filled with water.
3.
Commercial or industrial.
(i) Continue actions under stage 1 and 2.
(ii) Prohibit commercial landscape watering, except
foundations and trees may be watered for two hours on any day (or
once per week schedule as set by city government) with a handheld
hose, drip irrigation, or a soaker hose. Restrictions do not apply
to locations using treated wastewater effluent for irrigation.
(iii) Prohibit establishment of new landscaping at
commercial locations.
(iv) Commercial water users required to reduce water
use by a set percentage.
(c) Procedure for granting variances to the plan.
(1)
The city manager or his designee may grant temporary variances
for existing water uses otherwise prohibited under this drought contingency
plan to a customer if one or more of the following conditions are
met:
a.
Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public
or the person requesting the variance.
b.
Compliance with this plan cannot be accomplished due to technical,
economic or other limitations.
c.
Alternative methods that achieve the same level of reduction
in water use can be implemented.
(2)
Variances shall be granted or denied at the discretion of the
city manager. All petitions for variances should be in writing and
should include the following information:
a.
Name and address of petitioner(s).
c.
Specific provisions from which relief is requested.
d.
Detailed statement of the adverse effect of the provision from
which relief is requested.
e.
Description of the relief requested.
f.
Period of time for which the variance is sought.
g.
Alternative measures that will be taken to reduce water use.
h.
Other pertinent information.
(d) Implementation and enforcement.
It will be the responsibility
of the city manager to implement and enforce the provisions of the
drought contingency plan. Persons found in violation of stage 1, stage
2 or stage 3 drought restrictions will be given a notice of violation.
Additional violations will result in a citation with a fine not to
exceed $500.00 per day.
(e) Public involvement.
Opportunity for the public to provide
input into the preparation of the drought contingency plan was provided
at a city council briefing session and through the city website.
(f) Notification of initiation and termination.
When a trigger
condition has been reached, the public will be notified through publication
of news releases to the Star-Telegram, notices on the city's
webpage and announcements on the city's cable access channel.
When trigger conditions have passed, notification will be made in
the same manner.
(g) Public information and education.
The city provides
water conservation education opportunities each year. These opportunities
include the Euless Water Forum, Arbor Daze and town hall meetings.
(h) Pro rata water allocation.
In the event that stage 3
trigger conditions are reached, the city will work with the TRA to
determine the necessary water delivery needed to ensure the health,
safety and welfare of the citizens of the city. In extreme water shortages,
TRA may initiate pro rata allocation of water in accordance with Texas
Water Code section 11.039.
(i) Coordination with regional water planning groups.
The
city is located within the Region C Regional Water Planning Area.
In accordance with TCEQ rules, a copy of the drought contingency plan
has been provided to the Region C Water Planning Group.
(Ordinance 1383, § 1(Exh. A), 9-14-99; Ordinance 1694, § 1, 9-13-05; Ordinance 1871, § 1, 4-13-10; Ordinance 1923, § 4, 8-30-11; Ordinance 2029, § I, 4-22-14; Ordinance
2381, 4/23/2024)
(a) A consumer
shall be held responsible for loss of water due to breakage in pipe
or plumbing on the discharge side of the meter. If this water is not
paid for according to the established rates when the billing for such
use becomes due, the consumer’s water service will be subject
to termination until all charges are paid. A consumer may request
billing adjustments for leaks. To qualify for such an adjustment,
the consumer must present to the city proof of repairs for the leak.
The adjustment shall not exceed fifty percent of the metered or estimated
water loss. The amount of estimated water loss shall be limited to
100,000 gallons. Consumers shall be limited to one adjustment per
year.
(b) Should
any meter fail to register correctly, the city reserves the right
to estimate a consumption amount using an average of any three month’s
consumption.
(Ordinance 1470, § 3, 6-26-01)
(a) Definitions.
Approved use
shall mean an application or beneficial use of reclaimed
water authorized by a reclaimed water service agreement.
Approved use area
shall mean a site designated in a reclaimed water service
agreement to receive reclaimed water for an approved use.
Authorized representative
shall mean a representative of a user and may be:
(2)
A responsible corporate officer, if the entity submitting the
application or report is a corporation, including the president, vice
president, secretary, or treasurer of the corporation in charge of
the principal business function, or any other person who performs
similar policy or decision-making functions for the corporation;
(3)
An official of an association, nonprofit organization, local
governmental entity, or state or federal installation having direct
control of management decisions and fiscal responsibilities;
(4)
Any partner or proprietor if the user is a partnership or proprietorship,
respectively;
(5)
The manager of one or more manufacturing, production, or operation
facilities, if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures; or
(6)
A duly authorized representative of an individual as specified
above if such representative is responsible for the overall operation
of the facilities and when written authorization for such representative
is submitted to the city.
Chapter
shall mean chapter
86, “Utilities” of the City of Euless Code of Ordinances.
Chapter 210
shall mean Chapter 210 of Title 30 of the Texas Administrative
Code, titled “Use of Reclaimed Water,” as it may be amended
from time to time.
Chapter 210 reclaimed water authorization
shall mean the written approval received from the TCEQ for
implementing the reclaimed water use notification submitted to TCEQ
that defines the reclaimed water service area and the intended uses
of the reclaimed water system.
City
shall mean the City of Euless, Texas.
Container unit
shall mean any container that is used to hold reclaimed water
during transport from an offsite reclaimed water facility to an approved
use area.
Cross connection
shall mean any connection, physical or otherwise, between a potable water supply system and any plumbing fixture, or any tank, receptacle, equipment or device, through which it may be possible for any non-potable, used, unclean, polluted, and contaminated water, or other substances, to enter into any part of such potable water system under any condition or set of conditions or as described by chapter
14, Buildings and Building Regulations, of the City of Euless Code of Ordinances.
Director
means the director of the city public works department, as
designated and appointed by the city manager of the city, or the city
manager appointed designee charged with the administration and enforcement
of this article.
Offsite reclaimed water facilities
shall mean any reclaimed water distribution, storage, or
delivery facilities upstream of the point of connection to an approved
use area.
Onsite reclaimed water facilities
shall mean any reclaimed water distribution, storage, or
delivery facilities downstream of the point of connection to an approved
use area, i.e., on the customer’s side of the reclaimed water
meter.
Reclaimed water
shall mean wastewater, collected and treated at a wastewater
treatment plant, which has been treated to a quality that meets or
exceeds the requirements of the TCEQ’s Chapter 210 reclaimed
water authorization to the city.
Reclaimed water distribution system
shall mean a system, for the provision to a user of reclaimed
water, consisting of pipes and related facilities for the distribution,
use, and sale of reclaimed water at various points of connection,
that may be designed and constructed, or otherwise acquired, and thereafter
operated by the city.
Reclaimed water service
shall mean furnishing of reclaimed water to a user, through
a metered connection, to onsite reclaimed water facilities.
Reclaimed water service agreement
shall mean a contractual agreement between a user and the
city that establishes the conditions and terms for delivery and use
of reclaimed water subject to supply to the city.
Reclaimed water service area
shall mean all territory within the limits of the city and/or
such additional territories as authorized under the city’s Chapter
210 reclaimed water authorization.
Standard specifications
shall mean the latest revision of City of Euless’s
“Standard Specifications for Public Works Construction”.
TCEQ
shall mean the Texas Commission on Environmental Quality.
User
shall mean a party to a reclaimed water service agreement
with the city.
User reclaimed water facilities
includes all connections and facilities on the user’s
side of the reclaimed water meter beginning with and including the
connection to the reclaimed water meter.
(b) Reclaimed
water application and service.
(1) The city may make reclaimed water available to properties within the reclaimed water service area upon request or as required by the rules, regulations, policies and procedures adopted pursuant to section
86-26 of the city Code of Ordinances, when it is feasible and when such service is in compliance with this article and all applicable laws, ordinances, and regulations.
(2) To
request reclaimed water service from the city, a person shall submit
an application to the director and shall agree to abide by all requirements
for reclaimed water service as described in this article, including
design standards for reclaimed water facilities, the manner of construction,
the method of operation, and all other conditions for service.
(3) Upon
submittal of an application for reclaimed water service, the director
shall review such application and shall make such investigation as
is reasonably necessary to determine if such service is feasible and
practicable taking into consideration factors such as the predicted
availability of reclaimed water, source reliability, and any other
competing demands on city resources. The investigation may include
a visit to the proposed site for reclaimed water service.
(4) If
after careful review of a request for reclaimed water service, the
director determines the request feasible and the director approves
the application, the city may enter into a reclaimed water service
agreement with the user, provided the requester meets the minimum
system design and operation standards as described herein.
(5) Upon
successful inspection and approval of the reclaimed water service
facilities by the city, per the requirements of this article, the
requester shall execute a reclaimed water service agreement with the
city for reclaimed water service.
(6) The
reclaimed water service agreement shall incorporate the requirements
of this article, Chapter 210, and other terms and conditions prescribed
by the director.
(7) Prior
to delivery of reclaimed water, the requester must sign the reclaimed
water agreement acknowledging that as a user, that person is now responsible
for onsite reclaimed water facilities and related activities, that
the user shall comply with all applicable laws, ordinances, and regulations,
including but not limited to Chapter 210, and shall agree to hold
the city harmless from claims related to the reclaimed water and the
operation and maintenance of the onsite facilities and related activities.
(8) The
city may discontinue reclaimed water service if the user:
a. Violates
the terms of the reclaimed water service agreement or this article;
b. Tampers
with any facilities related to the service, including the meter;
c. Cross-connects
the reclaimed water system with a potable water source;
d. Refuses
to permit an authorized city representative to enter its premises
to inspect the user’s reclaimed water system; or
e. Performs
an act that the director determines may be detrimental to the water,
wastewater, and/or reclaimed water system or the health and safety
of the public.
(9) A
user who seeks to discontinue service shall pay for the reclaimed
water used until the service is disconnected.
(10) A user may not reconnect a discontinued reclaimed water service without
approval from the director.
(11) If a user reconnects a discontinued service without approval of the
director, the water utilities department may remove the service and
charge an additional fee as set by the city council.
(12) A user may apply for reinstatement of service after paying all fees
or charges assessed.
(13) The director shall charge a fee as set by the city council for reinstatement
of reclaimed water service.
(14) The director shall have the right to temporarily discontinue, disconnect,
and re-connect the reclaimed water service without notice to all users
for the purpose of cleaning the system and making repairs, connections,
and extensions of the system. The director shall have the right to
temporarily disconnect reclaimed water service without notice to a
user having a break on their private line, should that break present
a hazard to the general public. The director shall have the right
to discontinue without notice reclaimed water service in an emergency.
None of the terms of this article shall ever be construed as requiring
the city to maintain a specific constant pressure in its service lines.
(c) Compliance
with minimum design and operation standards.
(1) A
requester for reclaimed water service shall submit the following information
to the director for approval, prior to construction or retrofit of
an onsite reclaimed water facility that will use or receive reclaimed
water:
a. Design
drawings and specifications in compliance with the city’s policies
and regulations;
b. Drawings
of the final installed onsite reclaimed water facility and the entire
proposed use area;
c. Proof that the user will be compliant with chapter
14, Buildings and Building Regulations, of the City of Euless Code of Ordinances for cross connection control and other applicable city ordinances and laws regarding backflow prevention requirements, and proof that the user has the required backflow prevention assembly on the reclaimed water service line; and
d. Proof,
as requested by the director, that the user has sufficient storage
facilities for the reclaimed water and will be in compliance with
Title 30, Section 210.23 of the Texas Administrative Code.
(2) The
director shall issue written notice to proceed with construction and/or
retrofit upon satisfaction that the requester will meet the minimum
design and operation standards for reclaimed water service.
(3) The
user shall make a written request for inspection by the city.
(4) The
director shall grant the user approval of onsite reclaimed water facilities
if:
a. The
director determines that the requester meets the minimum design and
operation standards; and
b. The
system passes the inspection, including the cross-connection control
and operational tests.
(d) Rules
and restrictions on service.
(1) The
city will conduct the operation, management, and control of offsite
reclaimed water facilities and the oversight of the reclaimed water.
The city will conduct water quality assessments to comply with regulatory
requirements applicable to reclaimed water it delivers at the point
of connection. The city reserves the right to take action at such
times it deems necessary to safeguard the public health and safety.
(2) The
user shall be responsible for construction and operation of onsite
reclaimed water facilities up to the established point of connection
with the offsite reclaimed water facilities. The user shall provide
supervision and training to operations personnel, and conduct all
operations of onsite reclaimed water facilities in compliance with
this section, Chapter 210, and other applicable laws, ordinances,
and regulations; provide access to onsite reclaimed water facilities
at reasonable times for inspections by the city.
(3) The
use of reclaimed water is restricted to the purposes allowable under
Chapter 210 which include: turf and general landscape irrigation;
cooling tower, air conditioning or chiller makeup water; non-food
processing industrial processes, including natural gas exploration
processes; and other lawful uses as authorized by the city.
(4) A user may use reclaimed water only as authorized by the city and as designated in the reclaimed water service agreement and in compliance subject to prohibitions of City of Euless Code of Ordinances, chapter
86, article II, Water and Sanitary Sewer Systems, Chapter 210 and all applicable laws, ordinances, and regulations.
(5) The
following specific prohibitions or requirements that apply to the
use or handling of reclaimed water are not inclusive of all restrictions
on the use or handling of reclaimed water in this section.
a. Reclaimed
water shall not be purposely discharged to any pipeline, channel,
gutter, drain, or other conveyance structure that is connected to
the storm sewer system.
b. Reclaimed
water used for cooling, processing or any other non-consumptive use
shall be discharged to a sanitary sewer, in compliance with all applicable
permits and laws governing such discharges.
c. Reclaimed
water shall only be used for purposes approved by this section and
as stated in the reclaimed water service agreement.
d. Reclaimed
water shall not be used outside of the area approved in the reclaimed
water service agreement. The user shall not discharge airborne or
surface reclaimed water to another area without prior approval of
the city.
e. A
user of reclaimed water shall employ practices that apply reclaimed
water in a way that is efficient and avoids excessive application
that results in surface runoff, incidental ponding or standing water.
If such conditions occur, the user shall immediately alter application
methods to prevent any further runoff or standing water.
f. A
user shall store reclaimed water in a way that avoids discharge of
reclaimed water into waters of the state. The initial holding pond
shall not be located within the floodway, and if stored in a pond
the lining must be in compliance with Chapter 210 rules and have a
certification furnished by a Texas registered professional engineer.
Reclaimed water may be stored in leak-proof, fabricated tanks.
(6) The
director may inspect devices installed by the user to control the
flow of reclaimed water and may remove or secure such devices if installed
in violation of this section or any term of the reclaimed water service
agreement.
(7) The
director may inspect any offsite or onsite reclaimed water facilities,
as well as use areas and adjoining property, during normal business
hours and shall be granted access, without prior notice to the user.
(8) The
user and user’s operations personnel shall cooperate with the
city and its authorized representatives and assist in performing operational
tests.
(e) Standard
specifications for reclaimed water service.
(1) The
standard specifications, as amended, or other applicable laws, adopted
for water and sewer systems shall apply to reclaimed water system
improvements to the extent applicable.
(2) The
standard specifications, as amended, or other applicable laws, shall
be incorporated into all contracts for reclaimed water system improvements
and include standard specifications for reclaimed water such as reclaimed
water specific pipe and labeling of systems.
(3) The
director is authorized to alter, amend, add to, or waive all or any
part of said specifications with regard to specific reclaimed water
systems when, in the opinion of the director, such would be in keeping
with sound engineering practice and would provide for the health and
safety of the Euless residents, visitors, and businesses.
(f) Rules
and regulations for providing reclaimed water service.
(1) The
city will determine the reclaimed water service area within the City
of Euless and its Chapter 210 service area for providing reclaimed
water with an available reclaimed water supply and distribution system.
(2) A
property owner or user shall:
a. Execute
an agreement with the city prior to extension of any main or any construction
of facilities or appurtenances for a reclaimed water system and abide
by all laws, ordinances, and regulations of the city and state to
utilize reclaimed water.
b. Ensure
planned extensions of any main or construction of any facilities or
appurtenances for a reclaimed water system are within the Chapter
210 service area or if construction is outside the reclaimed water
service area notify the director to determine if services may be authorized.
(3) Construction
of all reclaimed water facilities required by these regulations shall
be in accordance with the requirements and specifications contained
in the city standard specifications, the city design policies, and
the regulations of the Texas Commission on Environmental Quality.
(4) A
user must identify reclaimed water facilities with signs using a template
to be provided by the city and having a minimum size of eight inches
by eight inches posted on the property, at all storage areas and on
all hose bibs and faucets reading, in both English and Spanish, “Reclaimed
Water, Do Not Drink” or similar warning in accordance with Section
210.25 of Title 30 of the Texas Administrative Code.
(g) Rates,
charges and billing.
The schedule of fees and monthly rates for reclaimed water shall be as set forth in chapter
30.
(h) Inaccurate
meter readings.
Chapter
86, section
86-37(b), shall govern in instances when a reclaimed water service meter fails to register or registers inaccurately.
(i) No
grant or transfer of water right or ownership interest.
The delivery of reclaimed water by the city and the acceptance and
use of the reclaimed water by the user is not a transfer or an acquisition
by the user of a water right or an ownership interest in any of the
offsite reclaimed water facilities.
(Ordinance 2023, § 1, 2-25-14)
(a) Definitions.
The definitions set forth in section
86-38(a) shall be applicable to the provisions in this section.
(b) General
provisions for transportation of reclaimed water.
(1) The
city may make reclaimed water available for transportation by vehicle
to an approved use area.
(2) Reclaimed water shall be made available only under the terms and conditions provided herein and only to such persons as are duly permitted by the city as users as provided in section
86-38(b).
(3) The
city shall not be obligated to provide such reclaimed water to users
and may discontinue such service at any time, to limit the volume
and to establish or alter loading procedures and/or locations as deemed
necessary by the director.
(c) Reclaimed
water transportation permits.
(1) A
reclaimed water transportation permit is required to transport reclaimed
water by vehicle from a city facility to an approved use area. An
application must be filed with the public works department to obtain
a permit from the director.
(2) An
applicant for a reclaimed water transportation permit shall:
a. Submit
with the application a photocopy of the applicant’s driver’s
license and photocopies of the driver’s license of every proposed
driver of the reclaimed water transportation vehicles.
b. Submit
to the director proof that applicant’s vehicles, which will
be registered under the permit, are insured in at least the minimum
amounts as required by state law, or are self-insured as provided
by state law to secure payment of all lawful and proper claims arising
out of the operation of each vehicle. A written statement from an
authorized agent of the applicant’s insurance carrier verifying
the issuance of such insurance shall be filed with the director before
a permit is issued. All such verifications of insurance shall provide
for a 30-day cancellation notice to the director.
c. Submit
for approval a traffic plan to use for routing the vehicles that transport
the reclaimed water.
d. Provide
any additional information requested by the director.
(3) Before
a permit is issued, each vehicle must satisfactorily pass city inspection
and meet the following requirements:
a. The
business name, telephone number and address of applicant shall be
permanently displayed on both sides of the vehicle in letters of a
minimum height of three inches, in a color contrasting to their background.
An address is sufficient if it states city and state. If applicant’s
business is not within a municipality, the name of the county and
state will be sufficient.
b. The
vehicle shall display current state vehicle registration tags and
inspection certificate.
c. The
vehicle shall be clean and odor free.
(4) Before
a permit is issued, each container unit the applicant proposes to
use shall meet the following requirements:
a. Container
units or tanks shall have a minimum capacity of 1,000 gallons, shall
be capable of being closed watertight and shall be so closed during
transport of reclaimed water; and shall be maintained in a leak-proof
condition. Special permits may be issued for container units with
a capacity of less than 1,000 gallons upon the determination by the
director that all other container unit specifications herein required
have been met and that the particular container unit does not create
an increased risk to the public health and safety.
b. Container units shall be identified by labels or signs such as “CAUTION - RECLAIMED WATER DO NOT DRINK” in English and Spanish, similar to labeling required for exposed piping or as in section
86-38 (f)(4) above. Labels or signs shall be placed, on both sides of container and rear end of container, so that they can be seen readily by all operations personnel using the vehicle and container unit.
c. Container
units or tanks shall have an air gap.
(5) The
permit holder may request a modification to the permit during the
permit year to register additional vehicles or container units. A
request to register additional vehicles or container units shall be
made to the director and at a minimum the permit holder shall:
a. Ensure that all vehicles or container units meet the requirements of section
86-39(c)(4); and
b. Provide proof of liability insurance or self insurance for such additional vehicles in accordance with section
86-39(c)(2)(b); and
c. Remit
the required permit fee for each additional container unit.
(6) If
the currently permitted transportation route is to be changed, the
permit holder must submit the alternate route plan and obtain approval
from the director for the new traffic plan prior to commencement of
use.
(7) If
currently permitted and desiring an alternate use area, the permit
holder must submit desired alternate use area for approval from the
director prior to commencement of operational use.
(8) A
permit modification may not extend the term of the original permit.
(9) Upon
the filing of the required application, and payment of the permit
fee for each container unit, the director shall upon determination
that the applicant and vehicles and container units are in compliance
with all applicable provisions of this section, issue a permit for
each container unit.
a. The
permit shall identify the particular container unit for which it is
issued and shall be displayed in a prominent place upon the container
unit.
b. Each
container unit shall be separately permitted.
(10) A permit shall be valid for one year unless suspended or revoked.
(11) A permit shall not be transferable.
(12) The city council shall set a base annual fee for a permit, which
shall include one container unit. For each additional container unit,
there shall be an additional fee as set by the city council.
(13) The director may deny the issuance of a permit if:
a. The applicant, a partner of the applicant, a principal in the applicant’s
business, or applicant’s manager or operator has:
1. Within the five years preceding the date of the application been
convicted of a misdemeanor that is punishable by confinement and/or
by a fine exceeding $2,000.00, and which relates directly to the duty
or responsibility of transporting reclaimed water or liquid waste.
2. Been convicted of a felony which relates directly to the duty or
responsibility of transporting reclaimed water or liquid waste.
b. The applicant fails to provide evidence of liability insurance or
self-insurance as required by this section;
c. The applicant had a permit, that was issued under this section, suspended
or revoked within the 12 months preceding the date of the application;
d. The application contains a false statement of a material fact;
e. The application or all required other information is incomplete;
f. The applicant’s vehicles or container units submitted for inspection
do not meet the criteria of this section;
g. The applicant has not shown proof that the applicant and the applicant’s
drivers are qualified under this section; or
h. The applicant has violated a provision of this section within the
preceding 12 months.
(14) An applicant whose permit is denied will be notified by the director,
in writing, of the denial and the grounds therefore. Such notice will
be sent by certified mail, return receipt requested, to the mailing
address listed on the application.
(15) An applicant whose permit is denied may request a reconsideration
within ten days after service of the notice of denial.
(16) A person who has been issued a permit by the director shall comply
with the following:
a. A permit holder shall immediately notify the director of any management
changes in the business during the time the permit is in effect, and
shall provide the director with a photocopy of the new manager’s
or chief operating officer’s driver’s license;
b. A transporter shall deliver reclaimed water only to users that have
been approved by the director and that have a reclaimed water service
agreement on file with the city;
c. The permit holder shall maintain insurance required by this section
and immediately notify the director of any changes in its insurance
carrier or policy, and insured status or self-insured status;
d. The permit holder shall maintain all vehicles and container units
registered under the permit in compliance with the requirements of
this section;
e. The permit holder shall immediately notify the director when it sells
or otherwise disposes of a vehicle or container unit registered under
the permit;
f. A permit holder shall ensure that all of the permit holder’s
employees collecting and transporting reclaimed water in vehicles
and container units registered under the permit remain sufficiently
knowledgeable of such vehicles and container units, and of the reclaimed
water user locations they service, so that they are able to collect
and transport reclaimed water in a safe and competent manner; and
g. The permit holder shall ensure that none of the vehicles registered
under a permit exceed state weight limits while transporting reclaimed
water.
(d) Transporter
responsibilities.
(1) Before
accepting a load of reclaimed water, a transporter shall determine
whether the transporter’s equipment is sufficient to properly
handle the transportation without spillage or leaks.
(2) A
transporter shall not operate a vehicle for the transportation of
reclaimed water or use container units that fail to meet the requirements
of this section.
(3) A
transporter shall deliver reclaimed water only to users that have
been approved by the director and that have a valid reclaimed water
service agreement.
(4) A
transporter shall not commingle reclaimed water with any other liquid
or waste, including other sources of non-potable water.
(5) All
container units used to transport any other liquid or waste, including
other sources of non-potable water, shall be cleaned and disinfected
prior to being used to transport reclaimed water. Required cleaning
and disinfection procedures will be provided by the director. Any
deviation from the required procedures must be approved in writing
by the director.
(6) A
transporter shall insure that reclaimed water is delivered to the
approved user immediately, but not later than 12 hours following receipt
of the reclaimed water from the city.
(7) A
transporter shall not discharge reclaimed water into the municipal
sanitary storm sewer system, or into any ponds, streams or rivers.
(8) Any
excess reclaimed water shall be disposed of by discharging to a wastewater
treatment system or wastewater collection system in compliance with
all applicable permits or laws for such treatment or collection systems.
(9) A
transporter shall allow the director and any authorized peace officer
to inspect vehicles and container units registered under a permit,
upon their request.
(10) A transporter shall allow the director and any peace officer to obtain
samples of reclaimed water from the transporter’s container
units, upon their request.
(11) A transporter operating under a city permit shall use a manifest
system book consisting of three-part trip tickets, purchased from
the director for a fee established by the city council, in the following
manner;
a. Each manifest system book shall be used exclusively for a single
vehicle.
b. A transporter will complete one trip ticket for each individual delivery.
c. The transporter shall sign the original part of a trip ticket at
the time of reclaimed water collection.
d. The transporter shall have the user sign the original part of the
trip ticket at the time the reclaimed water is delivered, and shall
leave the first copy of the trip ticket with the user.
e. The transporter shall retain the second copy of the trip ticket for
the transporter’s own records.
f. The transporter shall deliver to the director all completed original
trip tickets no later than the tenth day of the month following the
month in which they were completed.
g. The transporter shall retain its copies of all trip tickets for a
period of five years, and shall make such copies available to the
director, upon request, for inspection at all reasonable times.
(e) Offenses.
(1) A
person commits an offense if the person engages in the transportation
of reclaimed water and fails to comply with any provision of this
section.
(2) A
person commits an offense if the person operates or causes to be operated
a vehicle transporting reclaimed water in container units not registered
under a city reclaimed water transportation permit.
(3) A
person commits an offense if the person operates or causes to be operated
a vehicle transporting reclaimed water and fails to display to the
director or any peace officer upon demand, a copy of a valid city
permit.
(4) A
person commits an offense if the person operates or allows to be operated
a vehicle and/or containers which allows for the leakage or spillage
of reclaimed water.
(f) Grounds
for suspension or revocation of reclaimed water transportation permit.
The director may suspend a permit for up to six months or may
revoke a permit if the director determines that:
(1) The
permit holder, a partner of the permit holder, a principal in the
permit holder’s business, a permit holder’s manager or
operator, or an officer of permit holder:
a. Has
within the five years preceding the date of the hearing been convicted
of a misdemeanor that is punishable by confinement and/or by a fine
exceeding $2,000.00, and which relates directly to the duty or responsibility
in operating a reclaimed water transportation business; or
b. Has
been convicted of a felony which relates directly to the duty or responsibility
in operating a reclaimed water transportation business.
(2) The
permit holder failed to comply with any of the permit conditions stated
in [this] section;
(3) The
permit holder or any agent or employee thereof failed to use the manifest
system book in compliance with this section, or to maintain manifests
for five years, or to allow the director to inspect the manifests;
(4) The
permit holder or any agent or employee thereof improperly disposed
of reclaimed water;
(5) The
permit holder or any agent or employee thereof commingled reclaimed
water with any other liquid or waste, including other sources of non-potable
water, in a city-permitted container unit;
(6) The
permit holder or any agent or employee thereof refused or failed to
allow the director or a peace officer to inspect a reclaimed water
transportation vehicle or container unit or obtain reclaimed water
samples from a container unit; or
(7) The
permit holder or any agent or employee thereof, within the 12 months
preceding the hearing, was convicted of violating this section.
(g) Reclaimed
water transportation user responsibilities.
(1) A
user of reclaimed water delivered by vehicle shall submit a reclaimed
water service application and obtain approval for reclaimed water
service, per the requirements of this article.
(2) A
user of reclaimed water delivered by vehicle shall comply with all
applicable user responsibilities of this article.
(3) A
user of reclaimed water delivered by vehicle shall sign the original
of a City of Euless trip ticket prepared by a transporter operating
under a city permit for all reclaimed water received on the user’s
premises from such transporter.
(4) The
user shall note any significant discrepancies on each copy of the
trip ticket.
a. Trip
ticket discrepancies are differences between the quantity of reclaimed
water on the trip ticket and the quantity of reclaimed water a user
actually received.
b. A
significant discrepancy in quantity is any variation greater than
15 percent, measured in gallons.
(h) Additional
reclaimed water transportation permit holder responsibilities.
(1) A
permit holder shall immediately notify the director in writing when
the reclaimed water transportation business is sold or ceases to operate.
(2) In addition to the written notification required in subsection
(g)(1) above, when a reclaimed water transportation business is sold or ceases to operate the permit holder shall immediately deliver to the director:
a. All
completed original trip tickets in the permit holder’s possession;
b. All
unused trip tickets in the permit holder’s possession; and
c. The
permit holder’s permit(s).
(3) A
permit holder commits an offense if the permit holder fails to provide
notice to the director as required by this section.
(4) A
permit for the transportation of reclaimed water shall be invalid
upon the sale or cessation of operation of a reclaimed water transportation
business.
(Ordinance 2023, § 1, 2-25-14)
(a) Purpose.
(1) This
section sets forth uniform requirements for uses and the construction
of facilities in or on land within one hundred fifty feet (150') of
the wells in order to promote sanitary conditions in and around such
wells, to secure all such land from pollution hazards, and to enable
the city to comply with all applicable state and local regulations.
(2) The
objective of this section is to prevent certain uses and the construction
of facilities in or on land surrounding the wells, which might create
a danger of pollution to the water produced from such wells.
(b) Definitions.
City
shall mean the City of Euless, Texas.
City council
shall mean the City Council of the City of Euless, Texas.
Person
shall mean any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity, or its legal representatives,
agents, successors, or assigns.
Wells
shall mean the water wells owned and operated by the City,
which are more specifically identified and described as follows:
Well Name
|
Coordinates*
|
Site Address
|
---|
Far North Well #2
|
32°52'24.90"N,
97° 5'0.20"W
|
2591 N. Main St. Euless, TX 76039
|
Fuller Well #2
|
32°50'25.51"N,
97°05'0.63"W
|
118 W. Fuller Dr. Euless, TX 76039
|
1 Mil
|
97°4'56.20"W
32°51'23.14"N
|
1400 N. Main St. Euless, TX 76039
|
*Coordinate System is GCS WGS 1984
|
(c) Prohibited
activities.
The following activities are prohibited within
the designated areas of land surrounding the wells:
(1) Construction
and/or operation of any underground petroleum and/or chemical storage
tank, liquid transmission pipeline, stock pen, feedlot, dump grounds,
privy, cesspool, septic tank, sewage treatment plant, sewage wet well,
sewage pumping station, drainage ditch which contains industrial waste
discharges or the wastes from sewage treatment systems, solid waste
disposal site, land on which sewage plant or septic tank sludge is
applied, land irrigated by sewage plant effluent, septic tank perforated
drain field, absorption bed, evapotranspiration bed, area irrigated
by low dosage, low angle spray[,] on-site sewage facility, military
facility, industrial facility, wood treatment facility, liquid petroleum
and petrochemical production, storage, and/or transmission facility,
class 1, 2, 3, and/or 4 injection well, pesticide storage and/or mixing
facility, abandoned well, inoperative well, improperly constructed
water well of any depth, and all other construction or operation that
could create an unsanitary condition is prohibited within, upon, or
across all areas of land within a 150-foot radius of the wells. For
the purposes of this section, “improperly constructed water
wells” are those wells that do not meet the surface and subsurface
construction standards for a public water supply well.
(2) Construction
and/or operation of tile or concrete sanitary sewers, sewer appurtenances,
septic tanks, storm sewers, and cemeteries is specifically prohibited
within, upon, or across any area of land within a 50-foot radius of
the wells.
(d) Permitted
activities.
(1) Construction of homes or buildings upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described in subsection
(c) above are met.
(2) Normal
farming and ranching operations are not prohibited by this section;
provided, however, livestock shall not be allowed within a 50-foot
radius of the wells.
(e) Right
of entry.
City employees, or authorized representatives
of the city, bearing proper credentials and identification, shall
be permitted to immediately enter upon any premises located within
a 150-foot radius of any well to conduct any inspection or observation
necessary to enforce this section.
(f) Required
removal.
Any person who shall violate any provision of
this section shall be required to immediately cease construction and/or
remove the prohibited building, use or potential source of contamination
within 90 days after notification that they are in violation of this
section.
(Ordinance 2028, § 1, 4-8-14; Ordinance 2248, § 1, 6-23-20)