HomeMy WebLinkAboutOrdinance No. 742 CITY OF THE COLONYv TEX~
&N ORDINANCE OF THE CITY OF THE COLONY, TE~S,
~E~IN~ C~PTER 12 OF THE CODE OF ORDIN~CES
OF THE CITY, By ~DIN~ ~TICLE IV~ RELATIN~ TO
THE DRILLIN~ OF WELLS IN THE CITY OF THE
COLO~ PROVIDIN~ ~ PE~IT FEEs PROVIDIN~ FOR
INSPECTION;PROVIDIN~ CONSTRUCTION
REQUIR~E~S~ PROVIDING A S~E~ILITY C~USE~
PROVIDING ~ PEN~TY OF NOT LESS T~ ONE
DOL~ NOR MORE T~ ~O THOUS~
DOL~S($2000.00) FOR E~CH OFFENSE ~ ~
SEP~TE OFFENSE S~L BE DE~ED CO~ITTED
UPON ~CH D~Y D~ING OR ON ~ICH A VIO~TION
OCC~S~ DECL~IN~ ~ ~ERGENCY ~ PROVIDING
~ EFFECTIVE D~TE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~CIL OF THE CITY
OF THE COLONY, TE~S:
Section 1. That Chapter of the Code of Ordinances shall be
and ~s hereby amended by adding the following:
~TICLE IV
~. POWERS ~D DUTIES OF THE CITY COUNCIL
The City Councll of the City of The Colon~ or its designated
agent or representative shall have the followlng powers:
1.
a. To make or have made ex~nations of all wells ~
the city and all wells outside the city limits which by
law is under the jurisdiction of the cit~, privately o~ed or
othe~ise;
b. To make or have made at any time the necessary analyses
for tests of water therefrom~
c. To go upon the land and property of the owner of a well
for that purpose=
d. To re~ire the o~er to furnish all information re~ested
concerning a well, including, in the case of new wells,
complete logs of the well showing depth to the aquifer through
all geologic formations encountered~
e. To supervise the construction, repair, abando~ent and
plugglng of wells with an~ the operation of such wells. The
1
City shall keep a register of all wells within the area
defined in sub-paragraph i above, which shall show the name of
the owner, the location and the date of construction of each
well, its depth and diameter, the purpose for which the well
was constructed, and if abandoned, the date of abandonment.
2. The city or its authorized representative shall keep an
accurate record of all wells within the City and within the
extraterritorial jurisdiction of the City which shall show the name
of the owner or owners, the location and date of drilllng or
construction of each well, its depth and diameter of casing and
screen, the purpose for which the well was constructed and current
use, and if abandoned, the date of such abandonment. The City
Council or its authorized representative will make current all
information concerning the status and condition of each permitted
well and shall note the then conditions of each well in its
records, together with an analysis of the water from each well
every three years.
3. Whenever necessary to make an inspection to enforce any
of the provisions of this article the city Council or its
authorized representative may enter such building premises at all
reasonable times to inspect the well or to perform any inspection
imposed upon the City Council by this article~ provided that if
such buildings or premises be occupied, it shall first present
proper credentlals and request entry~ and if such building or
premises be unoccupied, it shall first make a reasonable effort to
locate the owner or other persons having charge or control of the
buildlng or premise and request entry, includlng notifying the
record owner or other persons having control of the property by
notice in writing. If such entry is refused, the City Councll or
its authorized representative shall have recourse to every remedy
provided by law to secure entry.
4. When the city Council or its authorized representative
shall have first obtained a proper inspection warrant or other
remedy provided by law to secure entry, no owner or occupant or any
other persons having charge, care or control of any buildlng or
premises shall fall or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the City or
its authorized representative for the purpose of inspection and
examination pursuant to this article.
B. COMPLIANCE WITH ~RTICLE
It shall be deemed a violation of this article for any person to
fail or refuse to comply with any order of the City or its
authorized representative made in conformity with and under the
authority of this article.
C. SCOPE OF i~TICLE
The provision of this article shall apply to all wells.
Furthermore, the owner of any proposed well shall be required to
apply and receive from the city a permit to construct such a well
or opening, the appllcation for which shall supply all the
information required, and for such permit the City shall charge and
receive the fee hereinafter provided for.
The sole intent and purpose of this permit and lloense issued
to the property owner/owners, shall be for their exclusive use.
Extension of lines and appurtenances to adjacent properties is
expressly prohibited.
D. PERMIT - REQUIRED FOR WORK ON WELLS
It shall be unlawful for any person to drill or otherwise
construct, repair, correct, abandon or plug a well, or to engage
upon such work, within the corporate llmits of the City, or at any
location within the extraterritorlal jurisdiction of the City,
without first applylng for, and obtaining a permit. Such permit
may be granted with the approval of the City Council to any person
who files with such City the application hereinafter provided for
and pays the fee hereinafter required, and complies with all other
provisions of this article applicable to him.
E. LOCATION OF DEWATERING, MONITORING, DOMESTICw INDUSTRIAL
INJECTION AND IRRIGATION
1. A well shall be located a minimum horizontal distance of 25
feet from any water-tight sewage line, liquid-waste collectlon
facility or domestic water line except in the case of monitoring
wells and dewatering wells which may be located where necessity
dictates.
2. Except as noted under "Standards of Completion for DeWatering,
Monitoring, Domestic, Industrial, Injection and Irrigation Wells-,
a well shall be located a minimum horizontal distance of 150 feet
from any concentrated sources of contamination, such as existing or
propose? livestock or poultry yards, privies, and septic system
absorption fields, except in the case of monltorlna we11~ and
dewaterlng wells which may be located where necessity dictates.
3. A well shall be located at a site not generally 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
known flood level.
F. LICENSE DRILLER - REQUIRED
Any person who applies for a permit hereunder must engage the
services of a water well driller who is currently licensed by the
State of Texas for drilling water wells, monitoring wells, de-
watering wells, injection wells or irrigation wells. The followlng
license number suffixes define t~pes of licenses required by the
Texas Water Well Drillers Board of the State of Texas:
W - Licensed to drill water wells, monitor wells, de-
watering wells, injection wells, test wells and
irrigation wells.
D - Licensed to drill de-watering wells only.
E - Licensed to drill closed-loop injection wells only.
M - Licensed to drill monitor wells only.
G. PERMIT - APPLICATION
Every application for a permit for the dri11ing, construction,
repair and correction, abandonment or plugglng of a well, shall
state the name and address of the owner or the name and address of
the person acting as agent for the owner, the name, address and
Texas State drillers license n~mher of the person who has been
engaged to drill, construct, monitor, repair, correct, abandon, or
plug the well~ the purpose for which the well is to be used and for
which the permit is to be issued; the type of well to be drilled or
otherwise affected~ the proposed method of drilling, repair, or
oonstruotion~ the exact location, including legal description of
the proposed well~ the estimated diameter of the hole to be
drilled~ its approximate depth~ and the materials with which the
well is to be constructed. If the permit application is for a well
that is to be drilled, repaired, or otherwise constructed, for the
purpose of producing water, whether resldentlal, commercial,
industrial (including de-watering wells), or municipal, the
applicatlon shall also state the estimated rate of water to be
produced or pumped, indicated in units of gallons per minute, the
estimated days per year of expected production of pumping, and the
use for which the water will be or is required. The application
for a permit will also show the type of equipment to be used for
drilling, or otherwise constructing the well, and will include, but
not be limlted to, driving, auguring, mud rotary, reverse rotary,
air rotary, percussion, or "jetting" equipment. If the City
requires additional information, the applicant shall provide any
additional information reasonably necessary for evaluation of the
application.
H. PERMIT - FEE - AMOUNT
The fee to be paid to the city for the permit and or inspection
required by this article shall be as follows=
1. Permit for the drilling, construction and inspection of
a new well - $50.00
2. Inspection or re-inspection of a repaired well, which has
had major work performed for defect or plugging and
abandonment of a well - $50.00
(Preventive maintenance and scheduled inspections for
efficiency wear are excluded from this fee, when
performed by owner.)
3. Monitor wells and injection wells are per site - $200.00
The applicant shall pay the required fee to the city upon the
submission of his/her application. The applicant shall not be
entltled to a refund of any permit fee, unless he/she withdraws the
applicatlon within forty-eight hours of submission.
I. PERMIT - INSPECTION BEFORE ISSUANCE
It shall be the duty of the City or its authorized representative
to inspect the property where any well is to be drilled, sunk, dug,
or bored and to refuse the issuance of a permit to drill, sink, dig
or bore a well in a place which does not meet with its approval as
to drainage, other sanitary conditions and the distances referred
to in paragraph E of this Article.
J. PERMIT EXECUTED IN TRIPLICATE
All permits shall be executed in triplicate, one copy to he
delivered to the applicant and two copies to be retained in the
office of the City Secretary.
K. PIPE AND SCREEN REQUIREMENTS
Every well hereafter drilled, or otherwise constructed shall he
equipped with pipe and screen that has been fabricated of materials
that are environmentally, chemically, and physically appropriate
for the type of ground water to he produced or pumped from each
well, and for the products of hazardous wastes, hydrocarbons,
pesticides, and various chemicals that may be encountered during
drilling or construction activities and during pumping or
production. The followlng list indicates the types of materlals
that may be used for well construction:
1. Plastic Cas~na - shall be Natlonal Sanitation Foundation
(NSF) or American Society of Testing Material (ASTM F-
480) approved. Examples include the following:
a. Flouropolymer materials~ includes
1. Polytetrafluoroethylene (PTFE)
2. Tetrafluoroethylene (TFE)
3. Fluorinated ethylene propylene (FEP)
4. Perfluoroalkoxy (PFA)
b. Thermoplastic materials; includes:
1. Polyvinyl chlorlde (PVC)
2. Acrylon~trile butadiene styrene (ABS)
2. Steel casing shall be at least standard weight
(schedule 40) through 8 in inside diameter. Larger diameter casing
shall have minimu~ weight and thickness given by B-36, 10-1959 of
the American Standards Association (ASA) and standards A53-65 or
A120-65 of the American Society of Testing Material (ASTM).
Examples include the following=
a. Metallic materials; includes:
1. Carbon steel
2. Low-carbon steel
3. Galvanized steel
4. Stainless steel (304 and 316)
The casing and screen proposed to be used in each well shall
conform to the figures stated below and shall be approved by the
city.
Casing Pipe Weights and D~menslons
Oise in Inohes Wgt. Lbs. Per Ft. Wgt. Lbs. Per Ft. Thickness in
Plain End Thrds. & Cplge.* Inches
I 1.68 1.68 .133
i 1/4 2.27 2.28 .140
I 1/2 2.72 2.73 .145
2 3.65 3.68 .154
2 1/2 5.79 5.82 .203
3 7.58 7.62 .216
3 1/2 9.11 9.20 .226
4 10.79 10.89 .237
5 14.62 14.81 .258
6 18.97 19.18 .280
8 28.55 29.35 .322
10 34.24 35.75 .307
10 40.48 41.85 .365
12 43.77 45.45 .330
12 49.56 51.15 .375
14 54.57 57.00 .375
16 62.58 65.30 .375
18 70.59 73.00 .375
20 78.60 81.00 .375
*Nominal weight based on length of 20 feet including coupling.
L. DRILLING OF WELLS - M~NNER OF DOING WORK - ABATEMENT OF
NUISANCE
6
~ny well shall be drilled, constructed, or designed in such a
manner that it will prevent the mixing of brackish or saline ground
water, or water that may otherwise be contaminated with the ground
water supplies or resources for which the City relies upon for its
municipal water supply. Drilling or construction of any well will
be accomplished in the following manner:
1. The driller will keep an accurate log or record of all
formations penetrated, describing the type of materials
encountered, depths of the tops and bottoms of all strata
and rate of penetration of the drill bit.
The casing of every well shall extend a minimum of 18
inches above the finished floor or above ground level at
the location of the well, or if, in the judgement of the
City or its authorized representative, a greater
extension is required to prevent 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 city's judgement is necessary to effect
such purpose. Each well, whether a monitor, munlcipal,
domestic, industrial or private well, will he constructed
in such a manner that will exclude all sources of
contamination or pollution from surface origins by use of
neat cement grouting of surface pipe or well casing and
with the use of concrete slabs. The proposed well design
must he submitted to the City for approval before a
permit can be issued. When each well is drilled, the
owner or owners must submit a driller's log of the well
to the City or its authorized representative, the owner
or owners will submit drill cuttings of the well which,
if required, will have been captured at each 10 foot
interval and at the change of each major formation.
2. After the water samples are captured, they will then be
delivered to a registered laboratory, approved by the
City for a complete chemical analysis of each sample
which includes, but is not limited to, the following
parameters and constituents:
ANIONS in MG/L CATIONS In H~/L
Phenol Alkalinity as CaCo Total Hardness as CaCo
Total Alkalinity as CaCo Calcium as CA
Carbonates as CO Magnesium as MG
Bicarbonates as HOC Sodium as NA
Chlorides as CI Potassium as K
Sulfates as SO Total Cations
Nitrates as NO TOTAL DISSOLVED SOLIDS
Total Phosphates as PO
Total &nions
7
The oener eill submit a certified copy of the analyses of
all tested eater s~mples to the City representative, eho
eill then determine if any eaters obtained from the test
hole are objectionable and likely to pollute the eater
bearing stratum or strata from which the water supply of
the City is taken, stored or pumped.
If it is found that any stratum or strata, above or below
those from which the City obtains its municipal water
supply, contains ground water of a quallty that will not
meet the requirements promulgated by the Texas Department
of Health or the United States Enviroumental Protection
Agency, which define llmits of chemical constituents and
potability of water, the stratum or strata will be
isolated from the upper stratum or strata. This will he
accompllshed by pumping a neat cement plug into the zone
of undeslrable ground water in such a manner that the top
of the neat cement plug will be at the bottom of the
upper fresh ground water stratum or strata and the
remainder of the cement plug will extend to the bottom of
the fresh ground water. The neat cement plug will
consist of a slurry of cement and water weighing no less
than 14.6 pounds per gallon of slurry.
4. The annular space between the outside of the casing and
the reamed hole will be pressure cement filled from
producing strata to surface with a neat cement slurry of
cement weighing no less than 14.6 pounds per gallon of
cement and water. This process shall be performed by the
licensed well driller.
5. The hours of construction shall comply with those set out
in the Engineering and Design Manual and Standard
Construction Details for Public Works of the City of The
C010ny.
6. While the well is being constructed, safety barriers,
signs, etc. as deemed necessary by the City shall be the
responsibillty of the owner or contractor of the well
being drilled.
M. WELLS POLLUTING OR CONT~MINATIN~ OTHER WATER SOURCE~
Any well or other opening located inside the area defined in
Section D of this article, which penetrates the underground water
supply and which pollutes or contaminates any other wells or the
city's water supply, is declared a nuisance and on notice to the
owner of such well, or to the operator therefor, or to his agent in
charge of the well or of the property on which it is situated,
issued by the City's authorized representative, such nuisance shall
he abated by the owner within ten (10) days from the date of such
notice by filling and plugglng the well or opening in the manner
provided for in this article for abandoned wells; and if he shall
fall to abate such nuisance within such time, 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 and the
owner thereof shall be liable to the City for the cost of such work
and shall pay such cost upon demand.
N. DEFECTIVE WELLS
Every well whether dug or drilled which for any reason does not
completely prevent the mixing of water or other liquld from above
and below the source of the city's water supply, or which for any
reason would tend to pollute or contaminate any other well or the
water source of the city's water supply, shall be considered a
defective well and the City on its own initiative or upon
information or complaint from any source may make an examination of
any well suspected of being defective and if such an examination
indicates in the opinion of the City that the well is a probable
source of contamination of the city water supply or any other well,
shall issue written instructions to the owner or his agent in
charge of such well or the property with the provisions of this
article, and prescribe a time which in its judgement, under all the
circumstances, is reasonable within which such instructions shall
be complied with. It shall be unlawful for the owner or operator
of such defective well to fail to comply with such instructions
within the time prescribed by the City.
O. ABANDONED WELLS
An abandoned well is: (a) defective well which, in the judgement of
the city cannot be corrected to comply with the requirements of
this article, or (b) any well which has been continuously out of
use for a period of six (6) months, or longer. Whenever any wells
have not been in active use for more than two (2) years, the owner
or operator of such well shall report the fact to the City. Every
abandoned well shall be filled and plugged with such materials and
in a manner approved by the Texas Water Well Drillers Board that
will, in their and the City's judgement, prevent the pollution and
contamination of the city's water supply or the contamination of
any other well within the llmits of the city and such filling and
plugglng shall be done under the supervision of the city and at the
expense of the owner of such well.
Whenever the City 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 and/or the
Texas Water Well Drillers Board, it 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 sixty
(60) days after its date. Should he fail to so comply within such
9
period or if, after using reasonable diligence, should the City
fail to locate the owner or the agent in charge of such well or of
the property upon which the well is situated, the City may go on
the land or property upon which the well is situated and fill and
plug such well in the manner required by this article. Whenever it
becomes necessary for the City to fill and plug any abandoned well,
the owner thereof shall be liable to the City for the cost of doing
such work and shall pay such cost upon demand.
P. WELLS IMPOSIN~ I~EDIATE THREAT~ AB&TIN~ NUISANCE
A~y well, or other opening, located inside the area defined in
Section D of this article which, is the sole opinion of the City or
its authorized representative, presents an immediate threat and
menace to the health, morals, safety or general welfare of the
public is declared to be a nuisance. The City or its authorized
representatives shall have the right to go on the property upon
which such well is situated and abate the nuisance in a temporary
manner. Such well shall thereafter be filled and plugged by the
owner after the giving of required notice and in such manner set
out in this article. The owner thereof shall be llable to the
city for the Cost of doing such temporary work under this Section
and shall pay such cost upon demand.
Q. CORRECTION OF DEFECTS-STAT~M~WT REQUIRED
Upon completion of the work correcting the defects of any well, and
before putting it into operation, the owner of such well shall file
with the City, a sworn statement that all defects have been
corrected to comply with this article, in accordance with
instructions issued by the City. Failure to file such a statement
within thirty (30) days after completion of correction of the
defects shall be deemed a vlolatlon of this article.
PROHIBIT OF ACTIVITIES= JUSTIFICATION
Due to the potentlal hazard posed by anthropogenic activities to
the City's public water supply well(s) and, consequently, the
health and safety of the general public, it is necessary to
restrict activities that may be a potential threat to the ground
water quality, or the City's rain water runoff capture system.
S. ACTIVITIES TO BE RESTRICTED
1. The unauthorized disposal, placement, abandonment, or
otherwise discharge (hereafter referred to as "dnmping")
of any material in a manner inconsistent with established
City, State, or Federal ordinances, statute, or
regulation is hereby prohibited. Examples of dumping
include, but are not limited to disposal of oil, chemical
waste, paint, mineral spirits, garbage, trash, sludge
automobiles, drilling wastes, or sewerage/effluent.
10
2. The City or its authorized representative shall have the
power to determine whether or not an activity is a
potential source of contamination and should be
prohibited or restricted based on the perceived threat to
the City's public water supply system. This
determination shall be based upon available knowledge and
best professional judgement.
T. ~CTIVITIES IMPOSING I~DI~TE THREAT: aRaT~NG NUIB/~NCE
/~ny activity relating to construction and/or operation of a well
located within the City or under the jurisdiction of the City
which, in the sole opinion of the City or its authorized
representative, presents an immediate threat and menace to the
health, morals, safety or general welfare of the public is declared
to be a nuisance. The City or its authorized representative shall
have the right to go on property upon which such activity (les) is
(are) situated and abate the nuisance in a temporary manner. Such
activity shall thereafter be discontinued by the owner after the
giving of required notice and in such manner that may be prescribed
by the City. The owner thereof shall be liable to the City for the
cost of doing such temporary work under this Article and pay such
cost upon demand.
Section 2. This ordinance shall be cumulatlve of all
other ordinances of the City relating to wells and shall not repeal
any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict
with the provisions of this ordinance.
Section 3. If any section, article, paragraph, sentence,
clause, phrase, or word in this ordinance, or applicatlon thereto
any person or circumstances is held invalid or unconstitu~o,~l h~
a Court of competent jurisdiction, such holdina shall ,n~--~.~
the validLty of the rema~nlng port~ons of this ordinance~ and the
City. Council hereb~ declares }t would have R~ssed s~ch remaining
port%ohS of the ordinance despite such invalidity, which remaining
port~ons shall remain in full force and effect.
Section 4. Any person vlolating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 5. The fact that the present zoning ordinances
and regulations of the City are inadequate to properly safeguard
the health, safety, morals, peace and general welfare of the
inhabitants of the City creates an emergency for the immediate
preservation of the public business, property, health, safety and
general welfare of the public which requires that this ordinance
11
shall become effective from and after the date of. its final passage
and .publication as provided by law, and it is accordinalv so
ordained... ""
Patti A. Hicks, City Secretary
[SEAL)