(a) 
This article 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 article 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 519 adopted 5/13/14)
Unless the context requires otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
City.
The City of Sundown, Texas.
City Council.
The City Council of the City of Sundown, Texas.
Ordinance.
This article establishing rules and regulations regarding sanitary and pollution control of the area in proximity to the city’s public water supply wells.
Person.
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.
The water wells owned and operated by the city, which are more specifically identified and described in exhibit A attached to Ordinance 505 and made a part hereof for all purposes, and any future water wells owned and operated by the city, a list of which shall be kept on file with the city secretary.
(Ordinance 519 adopted 5/13/14)
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 article, “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.
(3) 
Construction of homes or building upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described in subsections (1) and (2) above are met.
(4) 
A sewage treatment plan within 500 feet of well sites or a sewage wet well, sewage pumping station, or a drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems within 300 feet of well sites.
(5) 
Animal feedlots, solid waste disposal sites, lands on which sewage plant or septic tank sludge is applied, or lands irrigated by sewage plant effluent located within 500 feet of the wells.
(6) 
Normal farming and ranching operations are not prohibited by this article; provided, however, livestock shall not be allowed within a 50-foot radius of the wells.
(Ordinance 519 adopted 5/13/14)
City employees, or authorized representatives of the city, bearing proper credentials and identification, in accordance with applicable laws, 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 article.
(Ordinance 519 adopted 5/13/14)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day a violation occurs shall constitute a separate offense.
(Ordinance 519 adopted 5/13/14)
Any person who shall violate any provision of this article 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 article.
(Ordinance 519 adopted 5/13/14)
Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of this article, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise.
(Ordinance 519 adopted 5/13/14)