(a)
Purpose.
The purpose of this section is to protect the
water supply of all public wells in the city by means of sanitary
control easements and regulation.
(b)
Regulations.
(1)
Groundwater sources shall be located so that there will be no danger
of pollution from flooding or from sanitary 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.
(2)
The construction, existence, and/or operation of the following within
a 150-foot radius of any water well in the city is prohibited: septic
tank or sewage treatment perforated drainfields; areas irrigated by
low dosage, low angle spray on-site sewage facilities; absorption
beds; evapotranspiration beds; abandoned, inoperative or improperly
constructed water wells of any depth; underground petroleum and chemical
storage tanks or liquid transmission pipelines; sewage treatment plants;
sewage wet wells; sewage pumping stations; drainage ditches which
contain industrial waste discharges or wastes from sewage treatment
systems; animal feed lots; solid waste disposal sites; landfill and
dump sites; lands on which sewage plant or septic tank sludge is applied;
lands irrigated by sewage plant effluent; military facilities; industrial
facilities; wood-treatment facilities; liquid petroleum and petrochemical
production, storage, and transmission facilities; class 1, 2, 3 and
4 injection wells; pesticide storage and missing [mixing] facilities;
and all other constructions or operations that could pollute the groundwater
sources of a water well. For the purpose of this section, improperly
constructed water wells are those wells which do not meet the surface
and subsurface construction standards for a public water well. The
city shall have the right to enter all properties within a 150-foot
radius of any public water supply well for the purpose of inspection
and to verify that no potential sources of pollution exist as prohibited
by this section.
(3)
No well site shall be located within 500 feet of a sewage treatment
plant or within 300 feet of a sewage wet well, sewage pumping station,
or a drainage ditch which contains industrial waste discharges or
the wastes from sewage treatment systems.
(4)
No water wells shall be located within 500 feet of animal feed lots,
solid waste disposal sites, lands on which sewage plant or septic
tank sludge is applied, or lands irrigated by sewage plant effluent.
(5)
All known abandoned or inoperative wells (unused wells that have
not been plugged) within 1/4 mile of a proposed well site shall be
reported to the TCEQ along with existing or potential pollution hazards.
These reports are required for community and nontransient, noncommunity
groundwater sources. This information must be submitted prior to construction
or as required by the executive director of the TCEQ.
(c)
Prohibited uses within 50 feet.
The construction, existence
and/or operation of tile or concrete sanitary sewers, sewer appurtenances,
septic tanks, storm sewers, cemeteries, and/or the existence of livestock
in pastures is specifically prohibited within a 50-foot radius of
any public water well located within the city.
(e)
Penalty.
Any person who violates any provision of this section shall be guilty of a class C misdemeanor and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each and every day such violation continues or is allowed to exist shall constitute a separate offense.
(Ordinance 21-896 adopted 3/25/21; Ordinance adopting 2022 Code)
(a)
This division sets forth uniform requirements for the users 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.
(b)
The objective of this division 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.
(Ordinance 13-715, sec. 1, adopted 2/26/13; 2007 Code, sec. 12-401; Ordinance 21-908, sec. 1, adopted 11/11/21)
Unless the context requires otherwise, the following terms and
phrases, as used in this division, shall have the meanings hereinafter
designated:
shall mean the ordinance from which this division is derived
establishing rules and regulations regarding sanitary and pollution
control of the area in proximity to the city’s public water
supply wells.
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.
shall mean the water wells owned and operated by the city,
which are more specifically identified and described in exhibit “A”
attached to the ordinance from which this section is derived and made
a part hereof.
(Ordinance 13-715, sec. 2, adopted 2/26/13; 2007 Code, sec. 12-402; Ordinance 21-908, sec. 2, adopted 11/11/21)
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, 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, lowangle 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, 4 and/or 5 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 division, “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.
(4)
Normal farming and ranching operations are not prohibited by this
division; provided, however, livestock shall not be allowed within
a 50-foot radius of the wells.
(Ordinance 13-715, sec. 3, adopted 2/26/13; 2007 Code, sec. 12-403; Ordinance 21-908, sec. 3, adopted 11/11/21)
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
division.
(Ordinance 13-715, sec. 4, adopted 2/26/13; 2007 Code, sec. 12-404; Ordinance 21-908, sec. 4, adopted 11/11/21)
Any person who shall violate any provision of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 13-715, sec. 5, adopted 2/26/13; 2007 Code, sec. 12-405; Ordinance 21-908, sec. 5, adopted 11/11/21; Ordinance adopting 2022 Code)
Any person who shall violate any provision of this division
shall be required to remove the prohibited construction or potential
source of contamination within 10 days after notification that they
are in violation of this division.
(Ordinance 13-715, sec. 6, adopted 2/26/13; 2007 Code, sec. 12-406; Ordinance 21-908, sec. 6, adopted 11/11/21)
Whenever any applicable statute, regulation, or permit of any
state, federal, or other agency, having jurisdiction over the subject
matter of this division, is in conflict herewith, the stricter requirement
shall apply, unless mandated otherwise.
(Ordinance 21-908, sec. 7, adopted 11/11/21)
State Farm to Market Road 1960 is known to be located closer
than 150 feet to Water Supply Well Number 7.
(Ordinance 21-908, sec. 9, adopted 11/11/21)
Railroads operated by Union Pacific Railroad are known to be
located closer than 150 feet to Water Supply Well Number 6.
(Ordinance 21-908, sec. 10, adopted 11/11/21)
Deerbrook Mall Loop Road, a privately owned roadway open to
the public, is known to be located closer than 150 feet to Water Supply
Well Number 8. JM Hester Street, a street owned and maintained by
the city, is known to be located closer than 150 feet to Water Supply
Well Number 7. Canterbury Drive, a street owned and maintained by
the city, is known to be located closer than 150 feet to Water Supply
Well Number 8.
(Ordinance 21-908, sec. 11, adopted 11/11/21)
