(a) 
This article sets forth uniform requirements for the users and the construction of facilities in or on land within one hundred fifty feet (150') of the city’s wells, as well as providing the location, building and maintenance of private wells, in order to promote sanitary conditions in and around the city’s wells and the overall public water supply system, to secure all such land from pollution hazards, and to enable the city to comply with all applicable state and local regulations.
(b) 
The objective of this article is to prevent certain uses and the construction of facilities in or on land surrounding the city’s wells, which might create a danger of pollution to the water produced from such city’s wells.
(Ordinance 2012-10, sec. 1, adopted 12/10/2012)
Unless the context requires otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
City council
means the city council of the City of Bartlett, Texas.
City’s wells
means the water wells owned and operated by the city, which are more specifically identified and described in exhibit A attached to Ordinance 2012-10 and made a part hereof.
Person
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents, successors, or assigns.
Private wells
means the water wells owned and operated by private individuals or entities, to obtain a supply of water for private consumption only.
(Ordinance 2012-10, sec. 2(1), adopted 12/10/2012)
Water well sites that are operating must be located so that there will be no danger of pollution from flooding or from unsanitary surroundings, such as privies, sewage, sewage treatment plants, livestock and animal pens, solid waste disposal sites or underground petroleum and chemical storage tanks and liquid transmission pipelines, or abandoned and improperly sealed wells.
(1) 
Water wells shall be located a minimum horizontal distance of 50 feet from any watertight sewage and liquid waste collection facility.
(2) 
Water wells shall be located a minimum horizontal distance of 150 feet from any concentrated sources of contamination, such as existing or proposed livestock or poultry yards, privies, septic system absorption fields, evapotranspiration beds, improperly constructed water wells or underground petroleum and chemical storage tanks and drainfields.
(3) 
No well site shall be located within 500 feet of a sewage treatment plant or within 300 feet of a sewage wet well, sewage pumping station or a drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems.
(4) 
No water wells shall be located within 500 feet of animal feed lots, solid waste disposal sites, lands on which sewage plant or septic tank sludge is applied, or lands irrigated by sewage plant effluent.
(5) 
Normal farming and ranching activities are not prohibited by this article provided that livestock shall not be allowed within 50 feet of a well site.
(6) 
Sanitary or storm sewers constructed of ductile iron or PVC pipe meeting state water well standards for such materials, having a minimum working pressure of 150 psi or greater, and equipped with pressure type joints, may be located at distances of less than 50 feet from a well site, but in no case shall the distance be less than ten feet.
(7) 
Water wells shall be located at a site not subject to flooding; provided, however, that if a well must be placed in a flood-prone area, it shall be completed with a watertight sanitary well seal and steel casing extending a minimum of 24 inches above the known flood level.
(8) 
Construction and/or operation of any underground petroleum and/or chemical storage tank, liquid transmission pipeline, stock pen, feedlot, dump grounds, privy, cesspool, septic tank, sewage treatment plant, sewage wet well, sewage pumping station, drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems, solid waste disposal site, land on which sewage plant or septic tank sludge is applied, land irrigated by sewage plant effluent, septic tank perforated drainfield, absorption bed, evapotranspiration bed, area irrigated by low dosage, low angle spray on-site sewage facility, military facility, industrial facility, wood treatment facility, liquid petroleum and petrochemical production, storage, and/or transmission facility, class 1, 2, 3, and/or 4 injection well, pesticide storage and/or mixing facility, abandoned well, inoperative well, improperly constructed water well of any depth, and all other construction or operation that could create an unsanitary condition is prohibited within, upon, or across all areas of land within a 150-foot radius of the city wells. For the purposes of this article, “improperly constructed water wells” are those wells that do not meet the surface and subsurface construction standards for a public water supply well.
(9) 
Construction and/or operation of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within, upon, or across any area of land within a 50-foot radius of the city wells.
(10) 
Construction of homes or building upon any area of land within a 150-foot radius of the city wells is permitted, provided the restrictions described in subsections (8) and (9) above are met.
(Ordinance 2012-10, sec. 2(2), adopted 12/10/2012)
All private wells shall be completed in accordance with state law requirements and the standards established by the state commission on environmental quality (TCEQ), and any other state agency that establishes standards for private water wells. Only licensed well drillers shall drill water wells as required by this article. No well shall be operated within the city limits that does not comply with state law.
(1) 
The annular space between the borehole and the casing shall be filled from ground level to a depth of not less than ten feet below the land surface or well head with cement slurry. The distances given in section 66-28(a) and (b) [sic] may be decreased, provided the total depth of cement slurry is increased by twice the horizontal reduction. In areas of shallow, unconfined groundwater aquifers, the cement need not be placed below the static water level. In areas of shallow, confined groundwater aquifers having artesian head, the cement need not be placed below the top of the water-bearing strata.
Editor’s note–Ordinance 2012-10, sec. 2(3), contained a scrivener’s error citing nonexistent section 66-28(a) and (b).
(2) 
In all private wells where plastic casing is used, a concrete slab or sealing block shall be placed above the cement slurry around the well at the ground surface. The slab or block shall extend at least two feet from the well in all directions and have a minimum thickness of four inches and shall be separated from the well casing by a plastic or mastic coating or sleeve to prevent bonding of slab to casing. The surface of the slab shall be sloped to drain away from the well. The top of the casing shall extend a minimum of one foot above the top of the slab.
(3) 
In all private wells where plastic casing is used, a concrete slab or sealing block shall be placed above the cement slurry around the well at the ground surface. The slab or block shall extend at least two feet from the well in all directions and have a minimum thickness of four inches and shall be separated from the well casing by a plastic or plastic coating or sleeve to prevent bonding of slab to casing. The surface of the slab shall be sloped to drain away from the well. The top of the casing shall extend a minimum of one foot above the top of the slab.
(4) 
In private wells where steel casing is used, the casing shall extend a minimum of one foot above the original ground surface. A slab or block is required above the cement slurry except when a pitless adapter is used. Pitless adapters may be used in such wells, provided that:
(A) 
The adapter is welded to the casing or fitted with another suitable effective seal; and
(B) 
The annular space between the borehole and the casing is filled with cement to a depth not less than 15 feet below the adapter.
(5) 
All private wells, especially those that are gravel packed, shall be completed so that aquifers or zones containing waters that are known to differ significantly in chemical quality are not allowed to commingle through the borehole-casing annulus or the gravel pack and cause quality degradation of any aquifer or zone.
(6) 
The well casing shall be capped or completed in a manner that will prevent pollutants from entering the well.
(7) 
Well construction materials containing more than 8.0% lead are prohibited.
(Ordinance 2012-10, sec. 2(3), adopted 12/10/2012)
(a) 
No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination will be isolated from the public water system by an air gap or an appropriate backflow prevention device and all private wells shall have an approved check valve or backflow prevention valve installed in order to prevent backflow into the well.
(b) 
No cross-connection between the public water supply and a private water system or private well is permitted. These potential threats to the public drinking water supply must be eliminated at the service connection by the installation of a check valve or reduced pressure zone backflow prevention device.
(c) 
No connection which allows water to be returned to the public drinking water supply or city’s wells is permitted. No cross-connection shall be made between private wells and the city public waterworks system or any other potable water supply system.
(Ordinance 2012-10, sec. 2(4), adopted 12/10/2012)
All wells shall have an approved check valve or backflow prevention valve installed in order to prevent backflow into the well.
(Ordinance 2012-10, sec. 2(5), adopted 12/10/2012)
A private well is abandoned if it has not been used for six consecutive months. However, a well can be considered in use and/or operative if the well is a non-deteriorated well that contains the casing, pump, and pump column in good condition, or a non-deteriorated well that has been capped.
(1) 
All abandoned or inoperative wells shall be capped or plugged in compliance with the state statutes, rules, directives and regulations.
(2) 
Contamination or injury caused by an abandoned or inoperative well shall be the responsibility of the landowner.
(Ordinance 2012-10, sec. 2(6), adopted 12/10/2012)
All private wells shall be built and maintained in compliance with state statutes, rules, directives and regulations to provide safeguards and prevent damage that may contaminate water sources or create a nuisance.
(1) 
At all times while a well is operational, the landowner shall ensure that all safeguards required by state law [are maintained] to ensure contamination of the water sources does not occur through inappropriate operation, maintenance or structuring of the well or irrigation systems.
(2) 
All reasonable precautions provided by state law will be taken to ensure that trespassers will not have access to the well site.
(3) 
The well site shall be fine graded so that the site is free from depressions, reverse grades, or areas too rough for proper ground maintenance so as to ensure that surface water will drain away from the well. In all cases, arrangements shall be made to convey well drainage, packing gland leakage, and floor drainage away from the wellhead.
(4) 
Suitable drain pipes shall be located at the outer edge of the well site to collect water and prevent its ponding or collecting around the wellhead. This wastewater shall be disposed of in a manner that will not cause any nuisance from mosquito breeding or sanitation. Drains shall not be directly connected to storm or sanitary sewers.
(5) 
In all cases, a concrete sealing block extending at least three feet from the well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inches per foot, shall be provided around the wellhead.
(6) 
Wellheads and pump bases shall maintain a sealed gasket or sealing compound and be properly vented to prevent the possibility of contaminating the well water. A well casing vent shall be provided with an opening that is covered with 16-mesh or finer corrosion-resistant screen, faced downward, elevated and located so as to minimize the drawing of contaminants into the well.
(7) 
If an air release device is provided or a blow-off line on a discharging pipe, it shall be installed and maintained in such a manner as to preclude the possibility of submergence or possible entrance of contaminants. In this respect, all openings to the atmosphere shall be covered with 16-mesh or finer corrosion-resistant screening material or an acceptable equivalent.
(8) 
Springs and similar sources of flowing artesian water shall be protected from potential contaminant sources in accordance with state law.
(9) 
Any owner or occupant shall comply with regulations under Texas Administrative Code title 30, part 1, chapter 290, subchapter D (Rules and Regulations for Public Water Systems).
(Ordinance 2012-10, sec. 2(7), adopted 12/10/2012)
Any private well or other opening which penetrates the underground water supply and which pollutes or contaminates the underground water supply is declared a nuisance, and on notice to the owner of such private well, or to the operator thereof, or to his agent in charge of the private well or of the property on which it is situated, issued by the city, such nuisance shall be abated by the owner within seven days from the date of such notice by filling and plugging the well or opening in the manner prescribed by state statutes, rules and directives for filling and plugging abandoned wells and the owner shall pay all costs of filling and plugging; and if he shall fail to abate such nuisance within such time or, after exercising reasonable diligence, the city is unable to locate the owner of his agent, the city shall have the right to go on the land or property upon which the well is situated and abate such nuisance in the manner provided by the state and the owner thereof shall be liable to the city for the costs of such work and shall pay such costs upon demand of the city [and the city] may enforce the penal provisions of this article.
(Ordinance 2012-10, sec. 2(8), adopted 12/10/2012)
City employees, or authorized representatives of the city, bearing proper credentials and identification, shall be permitted to immediately enter upon any premises located within a 150-foot radius of any city well or to conduct any inspection or observation necessary to enforce this article.
(Ordinance 2012-10, sec. 2(9), adopted 12/10/2012)
(a) 
It shall be unlawful for any person to drill a private well or to continue to operate a private water well within the distance of prohibition indicated herein or as provided under state law of a prohibited activity. Continued operation of a private well within the distance prohibited herein or as otherwise indicated by state law shall be a misdemeanor. The owner of the property, upon which the private well is operated, shall be given seven days’ notice to cease and desist operation of the well in proximity to the prohibited activity prior to filing charges, declaring the well a nuisance well and taking corrective action and seeking other remedies available at law.
(b) 
Any person who shall violate any of the provisions of this article, or who shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of two thousand dollars ($2,000.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 2012-10, sec. 2(11), adopted 12/10/2012)
Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of this article, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise.
(Ordinance 2012-10, sec. 2(12), adopted 12/10/2012)