(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.
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.
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
|
(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)