Editor’s note(s)—Ord. No. 8828, §
1, adopted Sept. 10, 2010, repealed former § 4-6-1 in its entirety
which pertained to a permit fee for the drilling of new water wells;
and derived from Ord. No. 3803, 6-13-1961; Ord. No. 6501, 1-8-1985,
eff. 2-1-1985.
The application for such permit shall include the name and address
of the owner and operator of said well, the name and address of the
drilling contractor, the legal description of the property on which
the well is to be drilled together with a plat showing the exact location
of the proposed well on said property; and shall include a statement
showing the manner in which it is intended to dispose of the slush
and other waste material created and involved in the drilling of any
such well.
(Ordinance 3803 adopted 6/13/1961)
It shall hereafter be unlawful for any person to drill a new
water well or rework or deepen an existing well in the City without
providing and using portable slush pits or tanks in which to contain
and subsequently dispose of any slush or other waste, water, material
or matter created by and involved in the drilling, reworking or deepening
of such a well. It shall be unlawful to permit any such slush or other
waste material or matter to run or drain into the city streets and
alleys or on other public or private places or property without the
express consent of the owner thereof and it shall further be unlawful
to divert or drain or permit any slush or other waste material or
matter to empty into the city sanitary sewer or underground storm
sewer systems.
(Ordinance 3803 adopted 6/13/1961)
It shall be unlawful to drill or have drilled a new water well
through a sub-irrigated septic tank drainfield.
(Ordinance 3803 adopted 6/13/1961)
It shall hereafter be unlawful for any person to drill or have
drilled a water well in the City unless same is cased from a point
at least one foot above the surface of the ground to a point at least
30 feet below the surface of the ground and the entire length of the
casing cemented so that all of the void space between the outside
of the casing and the sides of the drilled hole is filled with cement;
provided that this provision regarding casing shall not apply to existing
wells or the reworking or deepening thereof, and provided, further,
that the preceding requirement of bringing or extending the casing
one foot above the surface of the ground may be waived by the health
officer and building inspector in favor of any alternate surface completion
method that will effectively seal off the well from the flow or drainage
of surface water back into the well, in which event the permit may
be issued.
(Ordinance 3803 adopted 6/13/1961)
(A)
Abandoned well and deteriorated well:
Open well:
Well:
Definitions.
As used in this Section shall mean any well that has been
abandoned or has become deteriorated as defined by Vernon's Ann. Civ.
St. art. 7621e, § 14(c), as enacted by House Bill No. 1347, 1987
Texas Session Law Service, Chapter 401, at 3829 (Vernon), and as that
statute may later be codified or amended.
As used in this Section shall mean any well which is exposed
to the surface such as would permit the entrance into that well or
excavation of liquids or solid matters, including but not limited
to persons and animals, or is not capped or covered as required by
this Section. "Open well" as used in this Section shall not include
any well or excavation which is in the process of being drilled and
is being immediately supervised by a licensed driller, as defined
in Vernon's Ann. Civ. St. art. 7621e, or the agent of such a licensed
driller if that driller or agent of the driller is within 50 feet
of the well or excavation. "Open well" as used in this Section shall
not include any well which is in actual use and the surface opening
of which is occluded by equipment or facilities necessary for its
operation and such equipment or facilities are capable of sustaining
a weight of not less than 400 pounds and are fastened permanently
to the realty, not removable by human strength, and prevent the entrance
into that well of any person or animal. The term "open well" shall
not include any well which is plugged or capped pursuant to the terms
of this Section.
As used in this Section shall have the same meaning as given
by the Texas Legislature in Vernon's Ann. Civ. St. art. 7621e, §
2(q), as enacted by House Bill No. 1347, 1987 Texas Session Law Service,
Chapter 401, at 3829 (Vernon), and as that statute may later be codified
or amended.
(B)
Plugging
abandoned wells.
The owner and person in possession of
a property within the limits of the City of Midland on which property
there is an abandoned well or deteriorated well shall plug or cap
that abandoned well or deteriorated well in accordance with the requirements
of the statutes of the State of Texas and the administrative regulations
issued pursuant thereto.
(C)
Open
wells; capping and covering.
1.
Both
the owner and person in possession of any property within the corporate
limits of the City of Midland on which there exists an open well with
casing shall cap that well permanently with a covering or cap capable
of sustaining weight of not less than 400 pounds if that well has
constituted an open well under the terms of this Section for 30 days
or more. The cap on that well must be of the same constitution as
the casing on that well and must be permanently affixed thereto. If
the casing on that well is of metallic constitution, a similarly constituted
and strong metallic piece must be welded to the casing around the
complete circumference of the casing. If the casing on that well is
of polyvinyl chloride constitution, a similar polyvinyl chloride piece
must be permanently affixed, using a two-part solvent cement as recommended
by the manufacturer of the polyvinyl chloride pipe, to the casing
around the complete circumference of the casing such that the cap
may not be removed without cutting completely through the polyvinyl
chloride casing.
2.
Both
the owner and person in possession of any property within the corporate
limits of the City of Midland on which there exists an open well without
casing which well has constituted an open well under the terms of
this Section for 30 days or more shall plug that well in the same
manner as is required of abandoned wells or deteriorated wells pursuant
to subsection (B) of this Section.
3.
Both
the owner and person in possession of any property within the corporate
limits of the City of Midland on which there exists a well which has
constituted an open well as defined herein for less than 30 days must
plug that open well in the same manner as required by subsection (B)
of this Section or cap that open well in the same manner as required
by paragraph 1 of this subsection or must immediately upon that well
becoming an open well as defined herein cover that open well with
a covering capable of sustaining weight of not less than 400 pounds
and in such a manner as would effectively prevent the entrance into
that well of any person or animal and would effectively eliminate
any danger that well might pose to any person or animal. Furthermore,
the covering on that well must be unremovable by human strength.
(D)
Criminal
penalty.
Any owner of property and any person in charge
of property who shall knowingly violate or fail to comply with the
provisions of this Section shall be, upon proof of such in an appropriate
court of competent jurisdiction, deemed guilty of a misdemeanor and
shall be fined not more than $500.00. Each day on which an owner of
property or person in possession of property shall violate and fail
to comply with the provisions of this Section shall constitute a separate
and distinct offense.
(E)
Civil
abatement.
Any open or abandoned well as defined by this
Section is hereby declared to be a public nuisance and unlawful unless
abated pursuant to this Section. Should it be brought to the attention
of the City Council that a property owner or a person in control of
property on which there exists an open or abandoned well has allegedly
failed to comply with the requirements of this Section, the City Council
may, should it determine that sufficient evidence exists to indicate
the likelihood of a violation of this Section, upon majority vote,
authorize the city attorney to file suit against the property owner
and person in charge of property on which there exists an abandoned
or open well in order to abate that abandoned or open well and bring
such property into compliance with this Section.
(Ordinance 6817 adopted 1/12/1988)
