It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any nonsafety provision hereof shall be fined, upon conviction, in an amount not more than $500.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Any person violating or failing to comply with any provision determined to be a health and safety violation provision hereof shall be fined, upon conviction, in an amount of not more than $2,000.00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(1998 Code, sec. 51.999; Ordinance 2023-07 adopted 3/7/2023)
No person, firm, corporation or other business entity shall drill or attempt to drill or use any water well within the corporate limits of the town except in compliance with the provisions of this article.
(1998 Code, sec. 51.90; Ordinance 2023-07 adopted 3/7/2023)
If town or other potable water service is available, no water well shall be used for potable water purposes in place of such water service. In the event a property owner desires to drill or use a water well to supplement town water service, such well may be used only for irrigation and livestock purposes and shall not be connected to the potable water system. In no case may a well be drilled or used on any lot or property of less than two acres, contingent upon all requirements in this article being complied with.
(1998 Code, sec. 51.91; Ordinance 2023-07 adopted 3/7/2023)
(a) 
No water well may be drilled within the corporate limits of the town without first obtaining a permit from the town, and such permit, when obtained, shall be affixed to a stake or other suitable marker at the well site.
(b) 
The application for a permit and the issued permit shall specify the location of the well; the depth and size of hole to be drilled; the type, diameter and length of the inner casing and well screen; the type, diameter and length of the outer steel casing (surface casing); and the size and type of the sanitary well seal. Such application shall contain the name, address and telephone number of the owner of the well and the name, address and telephone number of the well driller and any other information deemed relevant by the town engineer. The town inspector shall, before approving a permit, inspect drilling sites and verify the location of the well site in compliance with all applicable requirements. Permits may be revoked by the town inspector for any deviation from the permit.
(c) 
If a new irrigation system is going to be installed with the well, under no circumstances shall the system be connected to the town's potable water system. It must remain totally separate and any cross connections–as defined below–discovered will put the public's health and safety at risk and will constitute a health and safety violation of this article. Such irrigation system must also be permitted by the town in accordance with section 13.03.105 of this code.
(d) 
If an existing irrigation system currently being supplied by the town's public water system is going to be converted over to a water well supply, the physical connection must be permanently removed and inspected by the town's inspector as a part of the well permit. Under no circumstances will the irrigation system be supplied by both a water well and the town's potable water supply system ("cross-connection").
(e) 
No permit shall be issued unless a state-licensed water well driller is named as the water well driller. The water well shall be drilled in accordance with the Texas Well Drillers Act or any statute which supersedes or replaces that act.
(f) 
All water from a water well which is to be used for human consumption shall comply with all state and federal water hygiene standards and requirements. No person shall operate or cause to be operated a water well, the water from which is to be used for human consumption, unless the water from such water well complies with all state and federal water hygiene standards and requirements and no public potable water service is available.
(g) 
Applications for a water well permit shall be submitted to the town engineer at least 30 days prior to the commencement of drilling activity, and drilling shall not occur until the permit is granted. The inspection fee for a water well permit shall be $150.00; provided, however, if a water well requires more than two inspections, each inspection in excess of two inspections shall require the payment of $75.00.
(1998 Code, sec. 51.92; Ordinance 2023-07 adopted 3/7/2023)
(a) 
The minimum distance from any property line shall be 15 feet (that includes both the well and/or a well-house). If a well-house structure is planned to be built over the well, it can be constructed as a part of the well permit and will not count as an accessory structure if it is less than or equal to 120 sq. ft. in size unless the structure is used for one or more other purposes that would constitute an accessory structure in which case the size of the entire structure will count against the maximum size for an accessory structure.
(b) 
If a well house is proposed on a residential lot, the well must be located behind the front face of the home or the rear. If the well and piping are underground with no well house, then the well can be located in the front of the residence.
(c) 
Water wells and on-site septic systems must meet the separation distances as set forth in chapter 285 of the Texas Administrative Code below, or as said code may be amended:
Figure: 30 TAC § 285.91(10)
Table X. Minimum Required Separation Distance for On-Site Sewage Facilities
TO
FROM
Tanks
Soil Absorption Systems, & Unlined ET Beds
Lined Evapo- transpiration Beds
Sewer Pipe With Watertight Joints
Surface Application (Edge of Spray Area)
Drip Irrigation
Public Water Wells2
50
150
150
50
150
150
Public Water Supply Lines2
10
10
10
10
10
10
Wells and Underground Cisterns
50
100
50
20
100
100
Private Water Line
10
10
5
105 except at connection to structure
No separation distances
10
Wells Completed in accordance with 16 TAC § 76.1000(a)(1)
50
50
50
20
50
50
Streams, Ponds, Lakes, Rivers, Creeks (Measured From Normal Pool Elevation and Water Level); Salt Water Bodies (High Tide Only); Retention Ponds/Basin (Spillway elevation)
50
75 LPD with secondary treatment & disinfection - 50
50
20
50
25 when Ra <0.175 when Ra>0.1 (With Secondary Treatment & Disinfection - 50)
Foundations, Buildings, Surface Improvements, Property Lines, Swimming Pools, and Other Structures
5
5
5
5
Pipe may run beneath driveways and sidewalks or up to surface improvements if it is Schedule 80 pipe or sleeved in Schedule 40 pipe
Pipe containing secondary effluent has no setbacks from building foundations
No Separation Distances Except: Property lines - 206 Swimming Pools - 25
No Separation Distances Except4: Property Lines - 5
Underground Easements
1
1
1
1
May spray to edge of easement, but not into. Sprinkler heads must be 1 feet from easement edge
1
Overhead Easements
1
No setbacks if permission is granted by easement holder
1
No setbacks if permission is granted by easement holder
1
No setbacks if permission is granted by easement holder
1
No setbacks if permission is granted by easement holder
1
No setbacks if permission is granted by easement holder
1
No setbacks if permission is granted by easement holder
Slopes Where Seeps may Occur and detention ponds
5
25
5
10
10
10 when Ra< 0.1 25 when Ra>0.1
Edwards Aquifer Recharge Features (See Chapter 213 of this title relating to Edwards Aquifer)
50
150
50
50
150
100 when Ra< 0.1 150 when Ra>0.1
1.
All distances measured in feet, unless otherwise indicated.
2.
For additional information or revisions to these separation distances, see Chapter 290 of this title (relating to Public Drinking Water).
3.
No on-site sewage facility may be installed closer than 75 feet from the banks of the Nueces, Dry Frio, Frio, or Sabinal Rivers downstream from the northern Uvalde County line to the recharge zone.
4.
Drip irrigation lines may not be placed under foundations.
5.
Private water line/wastewater line crossings should be treated as public water line crossings, see Chapter 290 of this title.
6.
Separation distance may be reduced to 10 feet when sprinkler operation is controlled by commercial timer. See §285.33(d)(2)(G)(i) of this title (relating to Criteria for Effluent Disposal Systems).
(1998 Code, sec. 51.93; Ordinance 2023-07 adopted 3/7/2023)