(a) 
The Texas Commission on Environmental Quality (TCEQ) is mandated to regulate and control public drinking water systems in the state in accordance with the Texas Health and Safety Code Ann., chapter 341, subchapter C (Vernon’s 2010). In response to these obligations, TCEQ adopted Rules and Regulations for Public Water Systems at section 290.39 et seq., revised June 2012, to ensure public water systems supply safe drinking water in adequate quantities. The city owns and operates public water facilities, including fifteen (15) ground water wells and related facilities, providing potable water to city residents. Both TCEQ and the city want to ensure public water supplies provide safe drinking water for city residents.
(b) 
This article shall be known and may be cited as the sanitary standards and protection for public water supplies article of the city and shall apply to all public drinking water systems within the city’s jurisdiction.
(Ordinance 16-3637 adopted 9/27/16)
(a) 
It is the purpose of this article to promote the public health, safety and general welfare to ensure the city’s public water systems supply is safe from any contaminants by providing uniform rules for facility users and construction of such facilities in or on real property within one hundred fifty feet (150') of the water wells the city owns and operates.
(b) 
This purpose is to prevent certain uses and construction of facilities in or on land surrounding the wells, which may cause pollution to the water wells and develop into a health and safety hazard for city residents.
(c) 
Groundwater sources, the wells, shall not be located where a pollution danger exists from flooding or unsanitary 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.
(Ordinance 16-3637 adopted 9/27/16)
This article is not intended to repeal, abrogate, or impair any existing easement, covenants, or deed restriction. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever impose the more stringent restrictions to ensure the safety of the city’s public water system shall prevail.
(Ordinance 16-3637 adopted 9/27/16)
Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.
City.
The City of Plainview.
City council.
The City of Plainview’s legislative body.
Improperly constructed water wells.
Wells that do not meet the surface and subsurface construction standards for a public water supply well.
Ordinance.
The authoritative law or decree establishing rules and regulations regarding sanitary and pollution control of the area in proximity to the city’s water supply wells.
Person.
An individual, corporation, organization, government, business trust, partnership, association, or any other legal entity.
Privy.
A facility for human excreta disposal.
Public water systems supply.
A source or reservoir of water distributed and used for human consumption.
Sanitary.
A condition of good order and cleanliness that precludes the probability of disease transmission.
Septic tank.
A covered watertight tank designed for sewage treatment.
Wells.
The water wells the city owns and operates, including specifically the following wells:
#4 at 1400 Baltimore
#6A at 200 Kokomo
#7A at 2100 Houston
#8 at 1600 Milwaukee
#11 at 1508 Oakland
#12 at 3600 W. 16th
#13 at 1909 Jefferson
#14 at 700 Elm
#15 at 601 S.W. 3rd
#16 at 901 S.W. 3rd
#17 at 1101 S.W. 3rd
#18 at 4110 Highland Rd
#19 at 1910 E. 5th
#20 at 1400 W. 2nd
#22 at 1105 Smyth
Violation.
A breach of this article.
(Ordinance 16-3637 adopted 9/27/16)
To ensure the city’s ground water wells and related facilities are safe for city residents, pollution hazards shall not occur, and upon such violation, that person creating the danger shall be guilty of a criminal misdemeanor.
(Ordinance 16-3637 adopted 9/27/16)
Prohibited activities within designated real property areas surrounding the wells are as follows:
(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.
(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 real property within a 50-foot radius of the wells.
(3) 
Home or building construction upon any area of real property within a 150-foot radius of the wells is permitted, provided the restrictions described in subsections (1) and (2) above are met.
(4) 
Normal farming and ranching operations are not prohibited, provided that livestock shall not be permitted within a 50-foot radius of the wells.
(Ordinance 16-3637 adopted 9/27/16)
Authorized city employees, bearing appropriate credentials and identification, shall be permitted to immediately enter any premises located within a 150-foot radius of any well to conduct any inspection or observation necessary to enforce compliance with this article.
(Ordinance 16-3637 adopted 9/27/16)
Each violation under this article is a misdemeanor offense punishable upon conviction by a fine in accordance with this Code of Ordinances at section 1.01.009(b). Each day shall constitute a separate offense.
(Ordinance 16-3637 adopted 9/27/16)
Any person violating any provision of this article shall remove prohibited construction or potential sources of contamination within thirty (30) days after notification of such violation.
(Ordinance 16-3637 adopted 9/27/16)
Nothing in this article shall be construed to conflict with any state or federal law and shall be in addition to any rights granted thereby.
(Ordinance 16-3637 adopted 9/27/16)