A person commits an offense if the person causes, allows, or
permits the use of a private water well within the city for purposes
other than irrigation or watering of livestock, unless the private
water well is approved for potable water (drinking, culinary and domestic
purposes as that term is defined in the plumbing code) by the city
council.
(Ordinance 547 adopted 12/14/99)
It is unlawful for any person, firm, company, or corporation
to dig, drill, bore, or drive a water well within the city without
first obtaining a water well permit from the city.
(Ordinance 547 adopted 12/14/99; Ordinance adopting Code)
Applications for a water well permit shall be submitted to the
director of public works. The applicant shall provide the following
information in reference to a proposed water well and the property
upon which the well is to be located:
(1) Name and address of the property owner(s);
(2) Location of the property where proposed well is to be located (such
as street address, block, lot, addition);
(3) Purpose for which the proposed well would be used (irrigation, water
lawn or garden, water livestock);
(4) Exact dimensions of the lot where the proposed well is to be located;
(5) Location and dimensions of all buildings on the property;
(6) Exact location where the proposed well is to be located on the property;
(7) Type of proposed well (dug, drilled, bored, or driven);
(8) Proposed depth of well (within twenty-five (25) feet);
(10) Identity of drillers of proposed well, including a copy of the driller’s
license/certificate from the state;
(11) Location of all utility easements and exact distance between proposed
well and the easement(s); and
(12) Location of and exact distance from proposed water well to any septic
tank(s); sewer lines (trunks, collectors, laterals); water lines,
supply, mains, laterals, service; gas lines (supply mains, service);
underground telephone lines; streets, alleys, thoroughfares; animal
or livestock pens, barns or shelters; dump grounds (public or private);
creeks or streams; lakes or ponds; and any flood zone area.
(Ordinance 547 adopted 12/14/99)
Applicants for water well permit shall pay a nonrefundable permit
fee in the amount of $50.00, and the city shall not act upon nor grant
any water well permit until the permit fee has been paid in full.
(Ordinance 547 adopted 12/14/99)
All water wells dug, drilled, bored, or driven shall conform
to all the applicable laws, rules, regulations, requirements, and
specifications set forth by the state and the city for the drilling
and installation of water wells. It is the duty of the building official
to insure that all appropriate and applicable laws, rules, and regulations
are strictly followed during the construction of a water well.
(Ordinance 547 adopted 12/14/99)
In considering the issuance of a water well permit, the director
of public works shall fully consider the health and public safety
of the citizens of the entire city as it relates to the depth of the
proposed well, and its proximity to city sewer lines, water lines,
septic systems, lakes, streams, creeks, and flood zone areas. However,
the granting of a permit for a water well shall not relieve the applicant
of responsibility for safety and health in the construction and operation
of the well, and the city reserves the right to inspect all wells
within the city as often as it reasonably determines necessary to
protect the public health and safety.
(Ordinance 547 adopted 12/14/99)
All water wells require a final inspection by the building official,
or the building official’s representative, prior to the use
of the well.
(Ordinance 547 adopted 12/14/99)
A private water well system shall not be connected to any other source of water supply as mandated by the state commission on environmental quality (TCEQ), without a cross connection or backflow prevention assembly approved by the building official. The property owner must have installed, at the meter, by a licensed installer, at owner’s expense, a cross connection or backflow prevention assembly on any approved connection of a private water well system in accordance with TCEQ rules and regulations and division
11 of article
3.05 of this code to insure the safety of the city’s potable water supply.
(Ordinance 547 adopted 12/14/99)
The owner of a water well shall install, maintain, and operate
the water well in accordance with the plumbing code of the city. If
there is a conflict between this article and the plumbing code, the
more restrictive provision shall apply.
(Ordinance 547 adopted 12/14/99)
(a) The owner of property which has no connection to city water service,
has never had a connection to city water service, and is serviced
by a water well shall pay the regular sanitation rates and the maximum
monthly applicable charge for sewer service as established in this
code.
(b) The owner of property which has no connection to city water service,
has previously had a connection to city water service, and is serviced
by a water well shall pay the regular sanitation rates, the minimum
monthly applicable charge for water, and the maximum monthly applicable
charge for sewer service as established in this code.
(Ordinance 547 adopted 12/14/99)
(a) A person commits an offense if the person digs, drills, bores, or
drives, or causes the digging, drilling, boring, or driving of a water
well in the city without a permit as required in this article.
(b) A person commits an offense if, as the owner of property in the city,
the person permits the digging, drilling, boring, or driving of a
water well on the property without a permit as required in this article.
(c) Each day a water well exists or is being dug, drilled, bored, or
driven without a permit constitutes a separate offense.
(d) A person who commits an offense under subsection
(a) or
(b) is guilty of a misdemeanor and upon conviction shall be fined as provided in section
1.01.009.
(Ordinance 547 adopted 12/14/99)
Nothing contained in this article prohibits the city from seeking
injunctive relief to enforce this article
(Ordinance 547 adopted 12/14/99)