(a) The
Texas Water Code states in pertinent part that a city has the power
to prohibit the pollution of any stream, drain, or tributaries thereof
which may constitute the source of water supply of any city, and to
provide policing of same, as well as to provide for the protection
of any watersheds.
(b) The
city council has expressed its desire for the city to regulate the
drilling of water wells within the city’s jurisdiction.
(c) The
city council has reviewed and examined the proposed wellhead protection/water
well drilling regulations as set out herein to promote the health,
safety, and general welfare of the community and the safe, orderly,
and healthful development of the city.
(d) Therefore,
the city council does hereby ordain the following.
(1988 Code, ch. 4, sec. 11.01)
(a) It
has been determined that potential sources of contamination exist
which may threaten the integrity of the city’s public water
supply, and, consequently, the health, safety, commerce, public services,
property, and the general welfare of the public.
(b) These
potential sources of contamination are created by a cumulative effect
of anthropogenic and/or natural activities taking place within sufficient
proximity to the city’s public water supply or source of said
supply as to pose a threat of contamination.
(1988 Code, ch. 4, sec. 11.02)
It is the purpose of this article to promote the public health,
safety and general welfare and to minimize public and private losses
due to contamination of the public water supply, to maximize groundwater
protection/pollution abatement control procedures, and minimize land
use restrictions that:
(1) Protect
human life and health;
(2) Minimize
expenditure of public money for costly pollution remediation projects;
(3) Minimize
regulations on land use;
(4) Minimize
business interruptions;
(5) Minimize
damage to public facilities and utilities such as water mains, sewer
lines, and treatment facilities;
(6) Insure
that the public is provided with a safe potable water supply now and
for future generations;
(7) Protect
the natural resources of the state.
(1988 Code, ch. 4, sec. 11.03)
In order to accomplish its purposes, this article shall employ
the following methods:
(1) Establish
a wellhead protection area (WHPA) based on a five-year time of travel.
(2) Restrict
or prohibit uses within the WHPA that pose risks of contamination
to the public water supply.
(3) Control
anthropogenic activities within the WHPA that may increase the threat
of potential contamination of the public water supply.
(4) Frequent
monitoring of existing and future anthropogenic activities within
the WHPA that have been identified as potential sources of contamination.
(5) Enforcement
of all applicable laws governing pollution abatement and control,
storage and transport of hazardous or toxic materials, and collection,
storage, and transport and treatment of municipal and industrial sewage.
(6) Develop
contingency plans for alternative drinking water supplies to help
mitigate contamination of the current public water supply.
(7) Inventory
all potential sources of contamination within designated WHPA(s) every
2 to 5 years.
(8) Enforcement
of state and local laws regulating on-site sewage systems.
(9) Prohibition
of storage of hazardous or toxic materials within the WHPA that is
an upgrade of the PWS well.
(10) Enclosure of the PWS well within a roofed structure located inside
a fenced enclosure accessible only via a locked gate. The well number
shall be posted on the fence and a raised impermeable barrier or berm
shall be constructed around the wellhead to prevent infiltration of
the well bore by surface runoff.
(11) Posting of signs that state “Ground Water Protection Area,
City of Jourdanton” around the perimeter of the WHPA(s) with
references to this article and other applicable ordinances plus emergency
telephone numbers.
(12) Regulation of the construction, operation, correction and abandonment
of water wells within both the city limits and the ETJ.
(13) Develop and implement an emergency response plan to respond to potential
contamination events.
(1988 Code, ch. 4, sec. 11.04)