The water superintendent is hereby charged with the enforcement of this article and shall exercise the powers herein granted for this purpose.
(Ordinance 81, sec. 15, adopted 1/10/40; 1972 Code, sec. 14-18)
The water superintendent shall have the power (i) to make examinations of all wells within the city, whether privately owned or otherwise; (ii) to make or have made at any time the necessary analysis and tests of water therefrom; (iii) to go upon the land and property of the owners of wells for that purpose; (iv) to require the owners to furnish all the information requested concerning such wells; and (v) to supervise the construction, repair, abandonment and plugging of wells and the operation of the same. The superintendent shall keep an accurate register of all wells within the city, which shall show the name of the owner, the location and date of construction of each well, its depth and diameter, the purpose for which the well was constructed, and if abandoned, the date of such abandonment. At such intervals as may be considered necessary by the superintendent, but not exceeding two (2) years, there shall be entered in the register the then condition of each well registered, together with an analysis of the water from each of such wells.
(Ordinance 81, sec. 4, adopted 1/10/40; 1972 Code, sec. 14-19)
It shall be deemed a violation of this article for any person to fail or refuse to comply with any order of the superintendent made in conformity with and under the authority of this article.
(Ordinance 81, sec. 16, adopted 1/10/40; 1972 Code, sec. 14-20)
It shall be unlawful for any person to drill or otherwise construct, repair, correct, abandon or plug a water well, or to engage upon such work, within the city, without first applying for and securing a permit from the water superintendent. Such permit shall be granted by such superintendent to any person who files with him the application hereinafter provided for, and pays the fee hereinafter required, and complies with all other provisions of this article.
(Ordinance 81, sec. 1, adopted 1/10/40; 1972 Code, sec. 14-21)
Every application for a permit for the construction, repair and correction, abandonment or plugging of a well shall state the name and address of the owner thereof; the purpose for which the permit is desired, which shall be one or more of the acts just mentioned; the definite location of the well or proposed well; its approximate depth; and if for a permit for the drilling or construction or repair and correction of a water well, the estimated amount of water to be, or which is, pumped daily, monthly, or annually, and the uses for which the water will be or is required; if for a permit for the drilling or correction, the proposed method of drilling and correction, and the kind of equipment to be used; and in all cases the name of the contractor when the owner desires to drill or construct, repair and correct, or do the work pursuant to an abandonment of a well through a contractor.
(Ordinance 81, sec. 2, adopted 1/10/40; 1972 Code, sec. 14-22)
The fees for the permits required by this article shall be as set forth in the fee schedule in appendix A of this code.
(Ordinance 81, sec. 3, adopted 1/10/40; Ordinance 1078, sec. 1, adopted 2/13/07; 1972 Code, sec. 14-23; Ordinance adopting 2023 Code)
All permits shall be executed in duplicate, one copy to be delivered to the applicant and one copy to be retained in the office of the water superintendent.
(Ordinance 81, sec. 14, adopted 1/10/40; 1972 Code, sec. 14-24)
In no instance shall any well be drilled within the city to a lesser depth than sixty-five (65) feet and all stratas above such depth of sixty-five (65) feet shall be properly sealed and cased off to the full and complete satisfaction of the water superintendent.
(Ordinance 81, sec. 13, adopted 1/10/40; 1972 Code, sec. 14-25)
Every well hereafter constructed shall comply with the minimum requirements of the administrative rules of the state department of licensing and regulation, 16 Texas Administrative Code, chapter 76, Water Well Drillers and Water Well Pump Installers.
(Ordinance 81, sec. 5, adopted 1/10/40; Ordinance 1078, sec. 1, adopted 2/13/07; 1972 Code, sec. 14-26)
The casing of every well shall extend approximately one (1) foot above the surface of the ground at the location of the well, or if in the judgment of the superintendent a greater extension is required to prevent the possible contamination and pollution of the city’s water supply the casing shall extend such distance above the surface of the ground as in the judgment of the superintendent is necessary to effect such purpose. The owner of the well shall furnish to the superintendent a complete log during the construction of the well, which shall record the top and bottom of each change in formation, these samples of the material to be enclosed in covered glass containers and plainly labelled with the depth at top and bottom of the section of the well from which they were taken, and should any stratas be of greater thickness than ten (10) feet, samples shall be taken and preserved of such section at each ten (10) feet or fraction thereof in the manner herein described.
(Ordinance 81, sec. 6, adopted 1/10/40; 1972 Code, sec. 14-27)
The owner of every well shall furnish to the superintendent for analysis, samples of water when and as required, not only during the construction of the well but at any time thereafter when requested.
(Ordinance 81, sec. 7, adopted 1/10/40; 1972 Code, sec. 14-28)
The owner of a well under construction shall furnish to the superintendent a complete record of the length, position and size of screen and number and size of screen openings. Where smaller casings are inserted inside those of larger diameter there shall be used an overlap of at least ten (10) feet, and every opening between the different sizes of casings shall be completely sealed in a manner satisfactory to the superintendent, and all water above, and below if required by him, the depth from which a supply will be taken shall be sealed off and prevented from mixing with the supply source of the well. The method of casing and sealing in all particulars shall be subject to the approval and under the supervision of the superintendent, and no well shall be put in operation until authorized in writing by the superintendent. Such authorization shall be given when the superintendent has been satisfied that the provisions of this article governing the construction or repair, and operation, of the well have been in all things complied with.
(Ordinance 81, sec. 8, adopted 1/10/40; 1972 Code, sec. 14-29)
Every well which for any reason does not completely prevent the mixing of water or other liquid from above or below the source of the city’s water supply with them or which for any reason would tend to pollute or contaminate the water in the source of the city’s water supply shall be considered a defective well, and the superintendent on his own initiative or upon information or complaint from any source shall make an examination of any well suspected of being defective and shall issue written instructions to the owner or his agent in charge of such well or the property upon which it is situated, for correcting the defects to comply with the provision of this article and shall prescribe a time which, in his judgment, under all the circumstances, is reasonable and within which such instructions shall be complied with. It shall be unlawful for the owners or operators of such defective wells to fail to comply with such instructions within the time limit prescribed by the superintendent.
(Ordinance 81, sec. 9, adopted 1/10/40; 1972 Code, sec. 14-30)
Upon completion of the work of correcting the defects of any well, and before putting it into operation, the owner of such well shall file with the superintendent a sworn statement that all defects have been corrected to comply with this article in accordance with instructions issued by the superintendent, and failure to file such statement within thirty (30) days after completion of correction of the defects shall be deemed a violation.
(Ordinance 81, sec. 10, adopted 1/10/40; 1972 Code, sec. 14-31)
For the purposes of this article an abandoned well is (i) a defective well which, in the judgment of the superintendent, cannot be corrected to comply with the requirements of this article, or (ii) any well which has been continuously out of use for a period of two (2) years, or longer. Whenever any well has not been in active use for more than two (2) years, the owner or operator of the same shall report such fact to the superintendent. Every abandoned well shall be filled and plugged with such materials and in such manner, as, in the judgment of the superintendent, will prevent or tend to prevent the pollution and contamination of the city’s water supply. Such filling and plugging shall be done under the supervision of the superintendent and at the expense of the owner of such well. Whenever the superintendent shall receive notice, from any source, of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this article, he shall notify the owner or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall instruct him to fill and plug such well in accordance with this article, and the owner or operator of such well shall comply with such order within thirty (30) days after the date of same. Should he fail to comply within such period, or if after using reasonable diligence should the superintendent fail to locate the owner or the agent in charge of such well or of the property upon which the well is situated, the superintendent shall go on the land or property upon which the well is situated and plug the same in the manner required by this article. Whenever it becomes necessary for the superintendent to fill and plug any abandoned well the owner thereof shall be liable to the city for the cost of doing such work.
(Ordinance 81, sec. 11, adopted 1/10/40; 1972 Code, sec. 14-32)
Any well or other opening now constructed or which may hereafter be constructed penetrating the city’s underground water supply, and which pollutes or contaminates or tends in the judgment of the superintendent to pollute or contaminate the city’s water supply and which cannot be corrected in the judgment of the superintendent to prevent pollution or contamination, is declared a nuisance and, on notice to the owner of such well or opening, or to the agent in charge of it or the property on which it is situated, issued by the superintendent, such nuisance shall be abated by the owner within thirty (30) days from date of such notice, by filling and plugging the well or opening in the manner provided for in this article for abandoned wells, and if he shall fail to abate such nuisance within such time or if after exercising reasonable diligence the superintendent is unable to locate the owner or his agent, the superintendent shall go on the land or property upon which the well is situated, and abate said nuisance in the manner above provided, and the owner thereof shall be liable to the city for the cost of such work.
(Ordinance 81, sec. 12, adopted 1/10/40; 1972 Code, sec. 14-33)