(a) 
Except as otherwise specifically provided in this chapter or under an existing annexation service plan or annexation agreement, it shall be unlawful for any person to drill, dig or otherwise construct or install a new water well of any type or expand the capacity of an existing well.
(b) 
A person may drill, construct or install a new water well in areas zoned as an agricultural district, provided that the well is used for agricultural use, and that the well is drilled, installed, constructed and completed, in accordance with local groundwater district, federal and state laws and regulations. Agricultural use shall mean any use or activity involving agriculture, including irrigation.
(c) 
The city may drill, dig, or otherwise construct or install water wells.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
Wells in existence and in use at the time of the adoption of the ordinance from which this chapter is derived may be used as a primary source of water, provided that they meet all state and local regulations related to water wells and the person is not required to connect his property to the city’s water supply system as provided in section 94-4.
(b) 
As provided in section 94-4, a person who has a well in existence and in use as of the effective date of said ordinance, and who is required to connect to the city’s water supply system may continue to use the water well for irrigation purposes; provided, however, that the well has all of the necessary state and local permits, the well and the utility service connection have been inspected by a licensed inspector and an inspection report presented to the city that there are no cross connections between the water well and the city’s water system.
(c) 
All wells must be either in use or capped in accordance to local and state regulations and no well may be abandoned.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
A new irrigation well allowed by section 94-109(b) must be drilled by a water well driller and water well pump installer to register with the city.
(b) 
It shall be unlawful for anyone to provide services for the drilling, or construction of any new water well, or any other artificial excavation to explore for or produce groundwater, without first registering in the manner required by the city administrator or his/her designee.
(c) 
It shall be unlawful for any person to provide services for the reconstruction, capping, plugging, correction or repair of a water well without first registering in the manner required by the city administrator or his/her designee.
(d) 
It shall be unlawful for anyone to install a water well pump without first registering in the manner required by the city administrator or his/her designee.
(e) 
It shall be unlawful for any person to provide services for the repair of a water well pump without first registering in the manner required by the city administrator or his/her designee.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
Every application for registration of a person who provides services for the drilling, construction, repair, reconstruction, capping or plugging, or correction of a water well or of a person who provides services for the installation of a water well pump shall be considered incomplete unless all information requested by the city administrator or his/her designee’s registration form has been provided. The city administrator or his/her designee shall maintain and update registration application forms to request all information necessary to carry out the intent of this chapter.
(b) 
A person shall register with the city administrator or his/her designee before the person provides services for the drilling of any water well or installation of any water well pump.
(c) 
An applicant may apply to the city administrator or his/her designee for registration as a licensed water well driller or water well pump installer for properties receiving service from Magnolia Water Utility with approval being granted by the city administrator or his/her designee if the Texas Department of Licensing and Regulation (TDLR) has issued a license to the applicant water well driller or water well pump installer.
(d) 
A registration remains in effect unless:
(1) 
The water well driller or water well pump installer fails to maintain eligibility for registration; or
(2) 
As a result of an appeal to the city manager, established by rule, the city administrator or his/her designee by order revokes the registration for failure to comply with this code or other applicable state law.
(e) 
A person must have a current license issued by the TDLR to drill a water well or install a pump on a water well regulated under this chapter. If TDLR revokes or suspends a person’s license, the person’s registration is automatically revoked.
(f) 
A person must submit proof of a current TDLR license with his or her registration application.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
Each water well drilled, constructed, repaired, capped or plugged, each water well pump installed or repaired, and any facilities connected to or associated with a water well or pump constructed or altered shall be done so in conformance with all relevant city code provisions, including but not limited to section 94-2; building, plumbing and electrical codes adopted by the city in article V of chapter 14 of the Code of Ordinances. Any plan review, approval, permit and inspection requirements under these relevant code provisions are applicable to each water well or water well pump related project.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
Before a new irrigation well is drilled or an existing water well or irrigation well is re-drilled, plugged, or capped, the property owner shall provide the city administrator or his/her designee advance notice of the intent to have a irrigation well drilled or an existing water or irrigation well re-drilled, plugged, or capped by providing the information requested in the notice form provided by the city. Advance notice shall be provided five business days prior to any work on a water well described under this section, unless the city administrator or his/her designee determines that for plugging or capping a well public health and safety concerns warrant allowing for a shorter advance notice period.
(b) 
The owner of any new irrigation well shall register such well within 70 days after the drilling of such well has been completed by providing the information requested in the registration form provided by the city.
(c) 
The owner of any existing water well or irrigation well shall register such well within 180 days from the effective date of this article by providing the information requested in the registration form provided by the city.
(d) 
Every application for registration of a new irrigation well or existing water or irrigation well shall be considered incomplete unless all information requested by the city administrator or his/her designee’s registration form has been provided. The city administrator or his/her designee shall maintain and update registration application forms to request all information necessary to carry out the intent of this chapter.
(e) 
The city administrator or his/her designee may allow a person a longer period within which to register an existing water well for good cause as determined by the city administrator or his/her designee.
(f) 
For existing wells, exceptions for certain reporting requirements may be granted for good cause as determined by the city administrator or his/her designee.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
A water well or irrigation may only serve the property on which the water well or irrigation well is located. No part of any plumbing system connected to the water well or irrigation well shall be located in any lot other than the lot that is the site of the water well or irrigation well. The crossing of any lot line or property boundary by any plumbing system connected to a water well or irrigation well is prohibited.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
For the purpose of this chapter, a contaminating water well is considered to be any water well, irrigation well or other opening which penetrates the underground water supply and which in any way pollutes, or contaminates, or threatens to pollute or contaminate, surface water, groundwater, any other well, or a public or private water supply.
(b) 
Any defective or contaminating well, as below, is hereby found to be a threat to the surface water, groundwater, public or private water supply, a potential source of disease, and injurious to the public health, and pursuant to V.T.C.A., Local Government Code secs. 217.002, 551.005, 552.001 and 552.015 is declared a nuisance.
(c) 
The city administrator or his/her designee may require the abatement of such nuisance. The city administrator or his/her designee may, on his own initiative, or upon information or complaint from any source, make an examination of any well suspected of causing contamination or being defective. If such examination indicates, in the opinion of the city administrator or his/her designee, that the water well is a contaminating or defective well, or that the water from such well is unsafe for human consumption, unless the city administrator or his/her designee finds that the manner of use of well water unsafe for human consumption presents no risk to human health and safety, then the city administrator or his/her designee shall issue an order or written instructions to the owner or his agent in charge of such well or the property upon which it is situated to plug this well in such a manner as prescribed by the city administrator or his/her designee and in compliance with TDLR and Texas Commission on Environmental Quality (TCEQ) regulations.
(d) 
For the purpose of this chapter, a water well or irrigation well is considered to be an abandoned well if it has not been used for a period of six consecutive months or longer, unless it is:
(1) 
A non-deteriorated, non-defective or non-contaminating well, which contains the casing, pump and pump column in good condition, and which is connected to an active electrical or other power source; or
(2) 
A non-deteriorated, non-defective or non-contaminating well, which has been properly capped, and for which a variance for such well has been granted by the city administrator or his/her designee.
(e) 
An abandoned water well or irrigation well has the potential to pollute the water supply, violate city requirements on water quality, or be otherwise injurious to the public health, and, pursuant to V.T.C.A., Local Government Code secs. 217.002, 551.005, 552.001 and 552.015 is a nuisance, for which the city may require the abatement of such nuisance.
(f) 
The owner, operator, or agent in charge of an abandoned water well or irrigation well shall notify the city administrator or his/her designee that the well is abandoned. Every abandoned water well or irrigation well shall be filled and plugged in accordance with all applicable TDLR and TCEQ regulations and with such materials and in such manner as will prevent the pollution and contamination of any other water well within the limits of the City of Magnolia and the city’s water service area.
(g) 
If the city administrator or his/her designee receives notice from any source of an abandoned water well which has not been plugged and filled, the city administrator or his/her designee shall notify the owner, operator, or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall order such person to fill and plug the well as set forth above. The city administrator or his/her designee may require any owner of a capped water well to take any action necessary or to provide any information or materials necessary to establish that such a capped well is not defective, contaminating, or deteriorated.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
If a person to whom an order is directed fails to abate the nuisance as required by the city administrator or his/her designee’s order, then the city administrator or his/her designee shall have the right to go on the property on which the well is situated and abate such nuisance, and the owner of the property thereof shall be liable to the City of Magnolia for the cost of such work and shall pay such cost upon demand to the City of Magnolia. The city administrator or his/her designee shall have the right to file a lien on the property to secure payment of the costs of such work.
(b) 
It shall be a violation of this chapter for any person to refuse or otherwise fail to comply with any requirement of this chapter, or with any order of the city administrator or his/her designee made in conformity with and under the authority of this chapter.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
For the purpose of protecting public health and safety from risks or potential risks associated with water wells and pumps, the city administrator or his/her designee may inspect or require an inspection of property, buildings, real property, or facilities, including water wells and all related components, on property provided water service by Magnolia with an existing or proposed water well or irrigation well. An inspection may include a survey of the property, buildings, real property, or facilities, including water wells and all related components for provision of water and waste water service for violations of this chapter, other related city regulations and state law requirements.
(b) 
The city administrator or his/her designee may enter a customer’s property or facility, including an easement or private property served by Magnolia Water Utility to gain access to a water well, cross connection, backflow prevention assembly, or piping. The city administrator or his/her designee’s right of entry is a condition of a customer’s water service or connection to the city’s public water system.
(c) 
The city administrator or his/her designee may inspect a customer’s water well, water system, piping, or the records required under this chapter or the rules of a public water system with which the city has an agreement for wholesale water service.
(d) 
A customer shall provide access to the city administrator or his/her designee to the customer’s property or facilities.
(e) 
In connection with action by the city administrator or his/her designee under this chapter, a customer with water service provided by the utility commits an offense if the person:
(1) 
Denies the city administrator or his/her designee right of entry;
(2) 
Fails to remove a barrier or obstacle to access by the city administrator or his/her designee; or
(3) 
Unreasonably delays access by the city administrator or his/her designee.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
Offenses.
A person commits an offense if the person:
(1) 
Commits or assists in the commission of a violation of this chapter;
(2) 
Is the customer, owner, occupant, lessee, or manager of property or facilities that are the source of a violation of this chapter; or
(3) 
Obstructs or delays the city administrator or his/her designee’s access to a customer’s property or facilities.
(b) 
Notice of violation.
(1) 
The city administrator or his/her designee may serve a written notice of violation on a person who has violated a requirement of this chapter.
(2) 
The city administrator or his/her designee may take any enforcement action without first issuing a notice of violation.
(c) 
Criminal penalty.
(1) 
A person violating this chapter commits an offense. An offense under this chapter is a class C misdemeanor, punishable in accordance with section 1-10. (General penalty; culpable mental state). Each occurrence of a violation of this chapter is a separate offense.
(2) 
Proof of a culpable mental state is not required for a conviction of an offense under this chapter.
(d) 
Civil remedies.
(1) 
The city attorney may enforce this chapter by injunction, declaratory relief, or other action at law or in equity.
(2) 
The city attorney may initiate a suit against the owner, occupant, tenant, manager, or water customer of property or facility that is the source of a violation of this chapter, to recover a civil penalty not to exceed $5,000.00 for each violation. Each day that a violation continues constitutes a separate violation.
(e) 
Liability.
(1) 
A person or public water system may be held liable for a violation of this chapter if the person:
(A) 
Commits or assists in the commission of a violation;
(B) 
Is an authorized representative under this chapter; or
(C) 
Is the owner, occupant, tenant, manager, or water customer of premises, property or a facility that is the source of a violation of this chapter.
(2) 
A person who violates this chapter is liable to the city for expenses, loss, or damage incurred by the city.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
The city administrator or his/her designee may terminate water or wastewater service in accordance with this section.
(b) 
The city administrator or his/her designee may terminate water or wastewater service if the customer, owner, tenant, or lessee does not correct a violation within ten (10) days after the person becomes aware of the violation by written notice unless a show cause hearing has been set pursuant to section 94-124.
(c) 
The city administrator or his/her designee may refuse or terminate water or wastewater service if all required corrections have not been made.
(d) 
The city administrator or his/her designee may terminate water or wastewater service if a customer fails to terminate a connection between a potable water system and an auxiliary water supply, including a water well.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19; Ordinance O-2020-003 adopted 1/14/20)
(a) 
On receipt of informal written or verbal notice, the city administrator or his/her designee may order the suspension of water service and disconnect a private or public water system from the city’s public water system without a hearing if the city administrator or his/her designee determines that contamination or pollution due to a violation of this chapter:
(1) 
Presents an imminent threat to the city’s public water system;
(2) 
Presents an imminent danger to public heath or safety;
(3) 
Presents a threat to the environment; or
(4) 
Threatens to interfere with the operation of the city’s public water system.
(b) 
A person notified of the suspension of the person’s service shall immediately stop use of the city’s public water system water and the city administrator or his/her designee shall disconnect the city’s public water system from the person’s private or public water system.
(c) 
If a person fails to immediately comply with an emergency suspension order, the city administrator or his/her designee may take action the city administrator or his/her designee determines is necessary to prevent contamination or pollution, or to minimize damage to the city’s public water system, the public, property, or the environment.
(d) 
The city administrator or his/her designee may take action under this section even if termination proceedings have been initiated under section 94-120.
(e) 
A suspension under this section is not affected by evidence that the danger caused by the contamination or pollution due to a cross connection of the city’s public water system has ceased.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
The remedies authorized under this chapter are cumulative unless specifically prohibited by state or federal regulation.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
The city administrator or his/her designee may accept from a person responsible for a violation under this chapter a written agreement for voluntary compliance or issue a consent order that establishes an agreement for voluntary compliance.
(b) 
An agreement under this section must:
(1) 
Describe the violation;
(2) 
Describe the specific action the person must take to correct the violation;
(3) 
Specify the time period for the person to complete the corrective action;
(4) 
Be signed and dated by the person responsible for compliance; and
(5) 
Be judicially enforceable.
(c) 
The city administrator or his/her designee may take action to enforce compliance with an agreement under this section.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
A person may request a hearing with the city administrator or his/her designee, or the city administrator or his/her designee may order a person responsible for a violation of this chapter or an enforcement order to appear before the city administrator or his/her designee and show cause why a proposed enforcement action should not be taken.
(b) 
The city administrator or his/her designee shall serve notice to a person under this section including:
(1) 
The time and place for a hearing;
(2) 
The nature of the violation;
(3) 
The proposed enforcement action;
(4) 
The reasons for the enforcement action; and
(5) 
A request that the person show cause why the proposed enforcement action should not be taken.
(c) 
The city administrator or his/her designee shall serve notice under this section in person or by certified mail, return receipt requested, no later than the third day before the hearing. Notice may be served on an employee, agent or other authorized representative of a person responsible for a violation.
(d) 
The city administrator or his/her designee may take immediate enforcement action following a noticed show cause hearing.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19; Ordinance O-2020-003 adopted 1/14/20)
(a) 
Compliance order.
(1) 
If the city administrator or his/her designee determines that a person has violated this chapter or an enforcement order, the city administrator or his/her designee may issue an order to the person directing the person to correct the violation within a specified time period.
(2) 
If a person does not comply within the time period provided, the city administrator or his/her designee may disconnect water or wastewater service to the noncompliant premises until the person installs an operational facility, device, or equipment to correct the violation.
(b) 
Cease and desist order.
(1) 
If the city administrator or his/her designee determines that a person is violating this chapter or an enforcement order, or that a past violation committed by the person is likely to recur, the city administrator or his/her designee may issue an order directing the person to:
(A) 
Immediately cease and desist the violation;
(B) 
Immediately comply with this chapter or an enforcement order; and
(C) 
Take necessary remedial or preventive action to address a present, continuing, or threatened violation, including halting operation.
(Ordinance O-2019-002, sec. 4(exh. A), adopted 1/8/19)
(a) 
The following requirements have been adopted to prevent pollution of water pumped from the wellheads of city-owned wells, as set out below:
(1) 
It shall be unlawful for any person to construct a tile or concrete sanitary sewer, sewer appurtenance, septic tank, storm sewer, or cemetery within 50 feet of a city water well. With respect to sanitary or storm sewers, it is an affirmative defense to prosecution under this item (1) that the sanitary or storm sewer is located ten feet or more from the city water well, is constructed of ductile iron or PVC pipe that meets American Water Works Association standards, has a minimum working pressure of 150 psi or greater, and is equipped with pressure type joints.
(2) 
It shall be unlawful for any person to allow livestock in pastures within 50 feet of a city water well.
(3) 
It shall be unlawful for any person to construct an on-site sewage facility tank perforated drainfield, tank absorption bed, or tank evapotranspiration bed, or to construct a petroleum or chemical storage tank or liquid transmission pipeline within 150 feet of a city water well.
(4) 
It shall be unlawful for any person to irrigate an area within 150 feet of a city water well with spray from an on-site sewage facility.
(5) 
It shall be unlawful for any person to construct a water well within 150 feet of a city water well unless the well complies with all applicable state regulations.
(6) 
It shall be unlawful for any person to construct a sewage wet well or sewage pumping station within 300 feet of a city water well.
(7) 
It shall be unlawful for any person to construct a drainage ditch for industrial waste or sewage treatment waste within 300 feet of a city water well.
(8) 
It shall be unlawful for any person to construct a sewage treatment plant, animal feed lot, or solid waste disposal site within 500 feet of a city water well.
(9) 
It shall be unlawful for any person to apply sludge or effluent from a septic tank or sewage treatment plant on land within 500 feet of a city water well.
(10) 
It shall be unlawful for any person to drill an oil or gas well, including an injection well for recovery of oil or gas, within 500 feet of a city water well.
(b) 
The department shall investigate existing facilities whether located within or without the distance requirements of subsection (a) and determine if those facilities are a pollution hazard to city well water. The department shall recommend acquisition of such facilities in the event the department determines that the facilities are a pollution hazard to city well water and the owner refuses to take action necessary to abate the pollution hazard.
(c) 
Any person who violates any provision of this section shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not less than $500.00 nor more than $2,000.00 for each violation. Each day in which a violation occurs shall constitute a separate offense. In addition to criminal prosecution, the legal department may seek appropriate judicial remedies to protect city ground water from contamination.
(Ordinance O-2022-011 adopted 4/12/22)
The city water conservation and drought contingency plans may be updated from time to time by exhibit attached to an ordinance adopted by city council and made a part hereof for all purposes as if set forth verbatim are adopted as the official policy of the city.
(Ordinance 2009-156, sec. 1, adopted 9/8/09; Ordinance O-2019-007 adopted 4/9/19)
The penalties for violation of the drought contingency plan are the penalties contained in the drought contingency plan as adopted by ordinance by the city council in section 94-128.
(Ordinance 198, sec. 4, adopted 5/17/94; Ordinance O-2019-007 adopted 4/9/19)