The city council and the designated representative of the city
are hereby charged with the enforcement of this article and [shall]
exercise the powers herein granted to them for this purpose.
(1998 Code, art. 11.1300(o))
It shall be deemed a violation of this article for any person,
association of persons, firm, or corporation to fail to or refuse
to comply with any order of the designated representative of the city,
or of the city council, made in conformity with and under the authority
of this article.
(1998 Code, art. 11.1300(p))
Any person, association of persons, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine in accordance with the general penalty provision in section 1.01.009, and each day of failure to comply with this article shall be deemed a separate offense.
(1998 Code, art. 11.1300(q))
The designated representative of the city shall have the power:
(1)
To make examinations of all wells within the limits of the city,
whether privately owned or otherwise;
(2)
To make or have made at any time the necessary analysis and/or tests
of water therefrom;
(3)
To go upon the land and property of the owner or owners of wells
for that purpose;
(4)
To require the owner or owners to furnish all the information requested
concerning them;
(5)
To monitor the construction, repair, abandonment and plugging of
wells and the operation of the same. The designated representative
of the city shall keep an accurate register of all wells within the
city limits, which shall show the name of the owner, the location
and date of construction of each well, its depth and diameter, the
production rate, the purpose for which the well was constructed, and,
if abandoned, the date of such abandonment. At such intervals as may
be considered necessary by the designated representative of the city,
but not exceeding two years, there shall be entered in the register
the current condition of each well registered, together with a chemical
and production rate analysis of the water from each of said wells.
(1998 Code, art. 11.1300(d))
Every well hereafter constructed shall be cased in accordance
with TCEQ standards for water well design and construction, Texas
Administrative Code, title 30, part 1, chapter 290, subchapter D,
section 290.41. The pipe and also the screen proposed to be used shall
in all cases be subject to the approval of the designated representative
of the city.
(1998 Code, art. 11.1300(e))
The owner of the well shall furnish to the designated representative
a complete log during the construction of the well, which shall record
the top and bottom of each change in formation.
(1998 Code, art. 11.1300)
The owner of every well shall furnish to the designated representative
of the city, for analysis, samples of water when and as required,
not only during the construction of the well but at any time thereafter
when requested.
(1998 Code, art. 11.1300(g))
The owner of a well under construction shall furnish to the
designated representative of the city a complete record of the length,
position and size of screen and number and size of screen openings.
Where smaller casings are inserted inside those of larger diameter
there shall be used an overlap of at least 10 feet, and every opening
between the different sizes of casings shall be completely sealed
in a manner satisfactory to the designated representative of the city,
and all water above, and below if required by him, the depth from
which a supply will be taken shall be sealed off and prevented from
mixing with the supply source of the well. The method of casing and
sealing in all particulars shall be subject to the TCEQ standards
for water well design and construction, Texas Administrative Code,
title 30, part 1, chapter 290, subchapter D, section 290.41, and under
the supervision of the designated representative of the city, and
no well shall be put in operation until authorized in writing by the
designated representative of the city, and such authorization shall
be given when said designated representative has been satisfied that
the provisions of this article governing the construction and operation
of the well have been in all things complied with.
(1998 Code, art. 11.1300(h))
Every well which for any reason does not completely prevent
the mixing of water or other liquid from above or below the source
of the city’s water supply with them or which for any reason
would tend to pollute or contaminate the water in the source of the
city’s water supply shall be considered a defective well, and
the designated representative of the city, on his own initiative or
upon information or complaint from any source, shall make an examination
of any well suspected of being defective and shall issue written instructions
to the owner or his agent in charge of such well or the property upon
which it is situated, for correcting the defects to comply with the
provisions of this article, and shall prescribe a time which, in his
judgment, under all the circumstances is reasonable and within which
such instructions shall be complied with. It shall be unlawful for
the owners or operators of such defective well to fail to comply with
such instructions within the time limit prescribed by said designated
representative.
(1998 Code, art. 11.1300(i))
Upon completion of the work of correcting the defects of any
well, and before putting it into operation, the owner of such well
shall file with the city secretary a sworn statement that all defects
have been corrected to comply with this article in accordance with
instructions issued by the designated representative of the city,
and failure to file such statement within 30 days after completion
or correction of the defects shall be deemed a violation of this article.
(1998 Code, art. 11.1300(j))
(a)
For the purpose of this article, an abandoned well is:
(1)
A defective well which in the judgment of the designated representative
of the city cannot be corrected to comply with the requirements of
this article; or
(2)
Any well which has been continuously out of use for a period of two
years or longer; whenever any well has not been in active use for
more than two years, the owner or operator of the same shall report
said fact to the designated representative of the city.
(b)
Every abandoned well shall be filled and plugged with such materials
and in such manner as prescribed in the TCEQ standards for water well
design and construction, Texas Administrative Code, title 30, part
l, chapter 290, subchapter D, section 290.41. Any such filling and
plugging shall be done under the supervision of said designated representative
and at the expense of the owner of such well. Whenever the designated
representative 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, he shall notify the owner or
agent in charge of said 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 sixty (60) days after
the date of same. Should he fail to so comply within such period or
if, after using reasonable diligence, should the designated representative
fail to locate the owner or the agent in charge of such well or of
the property upon which the well is situated, the designated representative
shall go on the land or property upon which the well is situated and
plug the same in the manner required by this article. Whenever it
becomes necessary for the designated representative to fill and plug
any abandoned well, the owner thereof shall be liable to the city
for the cost of doing such work.
(1998 Code, art. 11.1300(k))
Any well or other opening now constructed or which may hereafter
be constructed penetrating the city’s underground water supply,
and which polluted or contaminated or tends in the judgment of the
designated representative of the city to pollute or contaminate the
city’s water supply and which cannot be corrected in the judgment
of the designated representative to prevent pollution or contamination,
is hereby declared a nuisance, and on notice to the owner of such
well or other opening, or to the agent in charge of it or the property
on which it is situated, issued by the designated representative,
said nuisance shall be abated by the owner within sixty (60) 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 he shall fail to abate said nuisance within said time, or if, after
exercising reasonable diligence, the designated representative is
unable to locate the owner or his agent, the designated representative
shall go on the land or property upon which the well is situated and
abate said nuisance in the manner above provided, and the owner thereof
shall be liable to the city for the cost of such work.
(1998 Code, art. 11.1300(l))
The provisions of this article shall not apply to wells or other
openings less than 10 feet in depth.
(1998 Code, art. 11.1300(m))
It shall hereafter be unlawful for any person, association of
persons, firm or corporation to drill or otherwise construct, repair
or correct a well casing and/or well head, abandon and/or plug a well,
or engage upon such work within the limits of the city, without first
applying for and securing a permit from the designated representative
of the city. Such permit shall be granted by such designated representative
to any person, association of persons, firm or corporation who or
which files with the designated representative of the city the application
herein provided for, and pays the fee herein required, and complies
with all other provisions of this article applicable to him, them,
or it.
(1998 Code, art. 11.1300(a))
Every application for a permit for the construction, repair
and correction, abandonment and/or plugging of a well shall state
the name and address of the owner thereof; the purpose for which the
permit is desired, which shall be one or more of the acts just mentioned;
the definite location of the well or proposed well; its approximate
depth; and if for a permit for the drilling or construction or repair
and correction of water well, the estimated amount of water to be,
or which is, pumped daily, monthly, or annually, and the use or uses
for which the water will be or is required; for a permit for the drilling
or construction and repair and correction of well casing and/or well
head, the proposed methods to be used and the kind of equipment to
be used; and in all cases the name of the contractor when 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
through a contractor.
(1998 Code, art. 11.1300(b))
The fees for the permits required by this article shall be as provided for in the fee schedule in appendix A of this code.
(1998 Code, art. 11.1300(c))
All permits shall be executed in duplicate, one copy to be delivered
to the applicant and one copy to be retained in the office of the
city.
(1998 Code, art. 11.1300(n))
