(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:
means the city council of the City of Bartlett, Texas.
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.
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.
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.
(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:
(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)
Any person who shall violate any provision of this article shall
be required to remove the prohibited construction or potential source
of contamination within seven (7) days after notification that they
are in violation of this article.
(Ordinance 2012-10, sec. 2(10),
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)
