HomeMy WebLinkAboutOrd 714-2016 Water Well DrillingCITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 (Water Well Drilling) AN ORDINANCE OF THE CITY COUNCIL OF ANNA, TEXAS, AMENDING THE CITY'S CODE OF ORDINANCES, ARTICLE 49, PUBLIC WORKS, SECTION 2.17, WELL DRILLING; ESTABLISHING NEW REGULATIONS FOR THE CONSTRUCTION AND/OR DRILLING OF WATER WELLS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FINDINGS; PROVIDING FOR AMENDMENT TO THE CODE OF
ORDINANCES; PROVIDING FOR A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna is a Home Rule Municipality located in Collin County,
Texas, created in accordance with the provisions of the Texas Local Government Code and
operating pursuant to the enabling legislation of the State of Texas and the City of Anna,
Texas Home-Rule Charter; and
WHEREAS, the City Council has investigated and determined that it would be in the
best interest of the City of Anna, Texas (Anna) and its inhabitants to amend its regulations
for the construction, location and/or drilling of water wells within Anna and its Extraterritorial
Jurisdiction (ET J); and
WHEREAS, the City Council finds that establishing regulations relating to the
construction, location and/or drilling of water wells and water systems in Anna and its ET J, if
same is connected or could be connected to Anna's approved distribution system, or will
help protect the health, safety and welfare of the citizens of Anna; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. Recitals Incorporated.
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
Section 2. Findings.
After due deliberations the City Council has concluded that the adoption of this
Ordinance is in the best interest of the City of Anna, Texas and of the public health, safety
and welfare.
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 1OF10
Section 3. Amendment. That Article 49, Section 2.17, Well Drilling, of the Anna City Code of Ordinances ("Anna Code") is hereby amended to wholly delete its current content and replace same with the following: 2.17 Well Drilling (a) Definitions For the purpose of this section 2.17, the following definitions shall apply, unless the
context clearly indicates or requires a different meaning:
Approved Water Supply Source. The City's potable water system.
Approved Distribution Svstem. The City's complex of facilities, installations, methods, and
procedures designed to receive, store, maintain, distribute, and control the flow of potable
water between the point of receipt into the City's system and the point of issue to end
users.
Air Gap. The unobstructed vertical distance through the free atmosphere between the
lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor, sink,
or other assembly and the flood level rim of the receptacle. The vertical, physical
separation must be at least twice the diameter of the water supply outlet, but never less
than 1.0 in.
Auxiliary Water Supplv. Any water supply other than the Approved Water Supply Source,
including water from another public water supply or from a natural source including, but
not limited to, wells, cisterns, springs, rivers, streams, used waters, or industrial fluids.
Backflow. The reversal of flow of water or mixtures of water and other liquids, gases or
other substances into the distribution pipes of a potable water supply from any sources
other than the Approved Water Supply Source.
Backflow Prevention Assembly. An assembly which, when properly installed between the
Approved Distribution System and at or near the point where the supply source enters the
premise. For the purposes of this Ordinance the only approved assembly shall be a
Reduced Pressure Backflow Assembly ("RPBA").
Backf/ow Prevention Assembly Tester. An individual licensed in accordance with Texas
Commission on Environmental Quality ("TCEQ") rules, as amended, for the purpose of
testing Backflow Prevention Assemblies.
Anna or Citv. The City of Anna, Texas and its duly authorized representatives.
City Engineer. A registered Professional Engineer in the State of Texas or a Consulting
Engineer providing authorized services to Anna .
Contamination. An impairment of the quality of the Approved Distribution System or a
private auxiliary water supply by the introduction or admission of any foreign substance
that degrades the quality and which creates an actual or potential hazard to the public
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 2OF10
health through poisoning or through the spread of disease by sewage, industrial fluids, or waste. Cross-Connection. A point in the plumbing system where the Approved Distribution · System is connected directly, or has the potential of being connected, to an outside source or substance that is not part of the Approved Distribution System. This connection may be temporary or permanent, potential or actual, indirect or direct. Director of Public Works. Person or other designated authority charged with the administration and enforcement of this Ordinance. Domestic Use. A well providing potable water or other material directly to a premise.
Existing Work. A well or water system which had been installed prior to the effective date
of this Ordinance.
Extraterritorial Jurisdiction or ET J. The area outside of City's corporate limits comprising
the City's extraterritorial jurisdiction as determined by state law.
Health Hazard. A cross-connection, potential contamination hazard, or other situation
involving any substance that can cause death, illness, and spread of disease or has a
probability of causing such effects if introduced into the approved distribution system.
Non-Potable water. A water supply that has not been approved for human consumption by
a regulating person.
Overhaul. Work performed on a well that is not considered routine maintenance.
Person. Any individual, firm, partnership, association, corporation, company or
organization of any kind.
Physical Separation. A physical break or means of division between an approved
distribution system and a private distribution system, with the minimum distance between
systems being 12 inches. This pertains to any liquid or gas well and distribution system.
Plumbing Inspector. Any person hired by Anna for the purpose of inspecting work and
installation in connection with health and safety laws as provided in, or referred to in this
ordinance. Such person shall have a valid license by the Texas State Board of Plumbing
Examiners (TSBPE) in accordance with the Texas Plumbing License Law (Texas
Occupation Code § 1301. 001 ·et seq., as it exists or may be amended.)
Potable water. A water supply that has been approved for human consumption by a
regulating person.
Premises or Property. Any property real, improved or personal, that is connected to the
Approved Distribution System. ·
Premises Isolation. The practice of protecting the approved distribution system by
installing a backflow prevention assembly at or near the point where liquid or gas enters
the premises.
Public Sewer. A pipe which carries wastewater, storm or surface water and groundwater
controlled by the City.
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 3OF10
Reduced Pressure Backflow Assembly (RPBA). An assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly includes properly located resilient-seated test cocks and two tightly-closing resilient-seated shutoff valves at each end of the assembly. Regulating Person. The Executive Director of the Texas Commission on Environmental Quality (TCEQ) or his/her designee. Septic Tank. A watertight receptacle which receives the discharge of a drainage system or part thereof, which is designed and constructed so as to separate solids from the liquid,
digest organic matter through a period of detention, and allow the liquids to discharge into
the soil outside of the tank through a drain field, disposal or perforated piping .
Service Connection. The terminal end of a service connection from the Approved
Distribution System (i.e., where the retail water provider loses jurisdiction and sanitary
control over the water at its point of delivery to the customer's water system). If a meter is
installed at the end of the service connection, then the service connection shall mean the
downstream end of the meter.
Testing or Reporting Deficiencies. Incomplete or inaccurate backflow prevention assembly
test results or reports filed with the City pursuant to this Ordinance, use of inaccurate
gauges, or the use of improper operational certification methods.
Water main. A water-distribution pipe for public or community use.
Water Purveyor. The operator of a potable water system supplying at least 15 service
connections or servicing at least 25 individuals at least 60 days out of the year.
Wells. Bored wells, dug wells and drilled wells developed into the underground soils,
which are used to extract a solid, liquid or gas from the underground soils.
(b) Licensing Requirements
Construction of wells shall be performed only by an insured and bonded company holding
a valid well drillers license issued by the State of Texas. The license number shall be
displayed during construction at the site of the work. The number shall be clearly legible
from the nearest traveled public roadway. Well drillers must hold a current contractor
registration with the City and be in good standing. In addition, the approved permit issued
by the City shall be displayed during construction at the site of the work and remain on
site until a final inspection is obtained.
(c) Permits and Inspection
(1) When Permit Required. It shall be unlawful to construct a well or to overhaul a
well without first securing a well permit from the City.
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 4OF10
I (2) When Permit Not Required. Permits are not required for routine maintenance of preexisting wells, as determined by the City Engineer or Director of Public Works or his or her designee. It is the well driller's responsibility to notify the City Engineer or Director of Public Works or his or her designee of routine maintenance so a determination may be made on whether or not a permit is required. (3) Permits Not Transferable. Each permit issued under this ordinance shall be personal to the pe'rmittee. No such permit shall be assigned or transferred to another person, and no person shall permit another person to obtain a permit in his or her name or permit any new well construction or overhaul work to be performed under his/her permit other than a person authorized to do the same. (4) False Statement or Bad Faith. Any person who shall willfully make any false statement in order to obtain a permit shall be guilty of a misdemeanor and subject to the penalty provided herein. Bad faith or unreasonable delay in the performance of work under this ordinance shall be deemed a sufficient reason for suspension of the permit of the well driller so offending and no further permit shall be issued until such act of bad faith or unreasonable delay has been corrected. Well drillers in violation of any ordinance governing contractor registration requirements may be suspended or have their registration revoked. (d) Issuance of Permit The Building Official or his or her designated representative, shall issue all permits in accordance with the provisions and requirements of this Ordinance. Incomplete applications shall be rejected or denied. All applications for permits shall be on the City of Anna's approved application form and provide the following information: (1) Company name, address and telephone number of the well driller; (2) Well drillers license number and Anna assigned contractor registration number; (3) Name, address, telephone number of property owner and legal description of the property; (4) Company name and Anna assigned contractor registration number of electrical contractor; (5) Company name and Anna assigned contractor registration number of plumbing contractor; (6) Company name and Anna assigned contractor registration number of irrigation contractor (if applicable); (7) Company name and Anna assigned contractor registration number of back flow prevention assembly tester; CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 5 OF 10
(8) Plan, specifications, manufacturer's cut sheets and diagrams in sufficient detail to allow the reviewing person to determine whether a proposed well meets the minimum standards as determined by this ordinance and all other local, state and federal regulating agencies; (9) A plan of the property that shows the location of the proposed well, all buildings, septic tanks, drain fields and other significant structures. The plan shall also show the location of structures and adjacent property if within ten (10) feet of the property line; (10) Documentation indicating approval of the construction of the well by the North Texas Groundwater Conservation District and the Texas Department of
Licensing and Registration;
(11) Detailed description of what the well will be used for ; and
(12) Any other information deemed necessary by the City.
(e) Duration of Permits
Every permit issued under the provisions of this ordinance shall expire ninety (90) days
after the date issued. In every case where a permit is expired, a new permit shall be
obtained before any work is resumed.
(f) Inspections and Tests
The City Engineer or Director of Public Works or their designees shall have the right,
at any time, to enter the property for the purpose to inspect a well and ensure
compliance with this ordinance. In addition, the City Engineer or Director of Public
Works or their designees shall have the right to enter the property at any time in the
future for the purpose of inspection to ensure that there are no cross-connections or
other deficiencies or violations. Reasonable notice to the property owner will be
attempted prior to entrance of the property. A 120v Ground Fault Circuit Interrupting
("GFCI") receptacle shall be installed immediately adjacent to the well equipment to
allow for maintenance work on the equipment or the use of a freeze protection device.
When applicable, the following inspections shall be required on all wells drilled within
Anna or its ET J:
(1) Plumbing Rough -to verify initial connections to the well and distribution
system(s);
(2) ·Plumbing Final -to verify the required physical separation of the private
system from the approved City-owned potable water distribution syst em, as
well as the completed connections to the well and private distribution
system(s);
(3) Electrical Underground (EUG) -to verify trench depth and proper wire is used
(size & type);
(4) Electrical Final -to verify disconnects are installed and appropriate panel box
in place (weather tight);
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 6 OF 10
(5) Upon completion of the well, the well driller shall furnish the City Engineer, Public Works Director or his/her designee with a copy of the driller's report and a copy of the water analysis. Any well that is not completed shall be sealed and considered a plugged or an abandoned well in accordance with the rules, regulations and statues of the State of Texas; (6) A Backflow Assembly Test Report, on a City approved form, shall be submitted . Thereafter the test report shall be completed annually, within twelve months from the last test. Only a state licensed, City registered, Backflow Prevention Assembly Tester (BPAT), shall perform the test. (g) Construction Requirements
(1) Casing. A casing of steel or other approved material shall be provided to
prevent caving of the formations penetrated and also to ensure protection of
the liquid or gas supply from contamination by material from shallow strata.
The wall shall be cased from the bottom of the drilled hole to twenty four (24)
inches above the finish grade or more if required to keep surface water from
entering casing. The well casing shall be cemented in place and sealed to
protect the underground water formation from potential contamination
resulting from surface water or individual waste disposal systems (i.e. septic
tanks).
(2) Well seal. The annular space between the drilled hole and the well casing
shall be sealed with concrete or grout for a depth of at least ten (10) feet
above the liquid or gas producing formation. The casing shall be covered at
the ground with a concrete slab no less than twenty-four (24) inches by
twenty-four (24) inches by twelve (12) inches. The top of the slab shall
protrude six (6) inches above finished grade and shall be sloped away from
the casing. The top of the casing shall be provided with a suitable well seal to
prevent contamination of the well. If a vent is provided on the casing, it shall
be equipped with an elbow turned downward and screened with a 16-mesh
screen.
(3) Disinfection of Wells and Equipment. Upon completion of the well, but before
it is placed into service, the well and equipment shall be disinfected by the use
of chlorine (powdered, tablet or solution).
(4) Water Samples. After the chlorine has been flushed, a sample of water shall
be analyzed for purity. If used for human consumption, the well shall not be
placed into service until the water has been tested and found to be suitable for
human consumption.
(5) Abandonment of Wells. Permanently abandoned wells shall be filled with
cement grout or concrete . Abandoned wells shall not be used for the disposal
of wastewater, septic tank effluent or other wastes.
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 7OF10
(6) Screening. The substance bearing formation shall be screened to control, among other similar conditions, the flow or production of sands and formation materials. (h) Applicability of Other Regulations The regulations of the North Texas Groundwater Conservation District, Texas Department of Licensing and Registration, and Chapter 1901 of the Texas Occupation Code, as existing or as may be amended and as they pertain to the construction of wells, shall be and are hereby incorporated into this Ordinance and must be strictly complied with. To the extent of any conflict between this ordinance and any of the other regulations referenced in this paragraph, the stricter regulation shall govern to the extent of the conflict.
(i) Domestic Use
No well shall be used to supply any liquid or gas to a premise when that premise has
direct connection to the City's approved distribution system.
U) Irrigation Use
Any irrigation water well must be constructed in accordance with the provisions of this
ordinance. No irrigation water well shall be used for domestic (potable water) use. No
irrigation water well shall be shared without complying with the following requirements:
(1) The owner of an existing water well, or proposed water well, shall furnish a
notarized letter to Anna that includes their name, address and legal
description of the property. The letter shall include the names, addresses and
legal descriptions of all properties wishing to tie on to the well. The letter shall
state that the owner and all affected properties acknowledge and understand
the well is for irrigation use only and not domestic (potable water) use.
(2) All properties currently tied or wishing to tie on to an existing or proposed well
shall hire a state licensed, City registered plumbing or irrigation contractor and
obtain the necessary permits. Permits shall expire ninety (90) days after the
date issued. In every case where a permit is expired, a new permit shall be
obtained before any work is resumed.
(k) Location
Wells shall be constructed no closer to property lines or significant structures as defined
below:
(1) Front, Rear and Side yard setbacks as defined by the final plat or current
zoning district for the subject property;
(2) Primary Buildings: ten (10) feet;
(3) Power lines: thirty (30) feet;
(4) Septic tanks and drain fields: one hundred fifty (150) feet;
(5) Septic tanks and drain fields: fifty (50) feet; if well is cement encased.
(6) Septic spray heads/soil absorption area: eighty (80) feet;
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 8 OF 10
(7) Barns and animal pens: one hundred, fifty (150) feet; (8) Permanent derricks and towers: no closer than forty (40) feet to side property lines. (I) Sewer Charges The City is required to charge for water discharges into the public sewer on the basis of actual quantity of water discharged. The method of determining this quantity is based on the water meter readings; therefore the following shall apply: (1) Wells used only for yard or irrigation watering and other uses not connected with the sanitary sewer: No change in sewer charges is required.
(2) Wells used in such a manner that all or a portion of the well water enters the
public sewer: A City approved meter must be installed and accessible to meter
readers. Sewer charge shall be based on the current approved rate structure.
(m) Cross Connections
There shall be a complete physical separation of at least twelve (12) inches between the
Approved Distribution System and any private system.
(n) Debris, etc. on Public Right of Way
There shall .be no debris, dirty water, mud or any other refuse dumped and/or discharged
onto public rights-of-way. The drilling operation of any well shall control and dispose of,
among other things, all drilling, cuttings, mud and water so as not to create a mud pit or
disposal operation at the well site.
Section 3. Penalty.
A violation of any of the terms of this ordinance, whether herein denominated in this ordinance
as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation.
Each day of continuance of such violation is considered a separate offense and will be
punished separately. Notwithstanding the foregoing, the City reserves any and all rights to
pursue legal and/or equitable remedies in a court of competent jurisdiction to enforce the
provisions of this ordinance.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are r~pealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the
same as if such invalid or unconstitutional provision had never been a part hereof. The City
declares that it would have passed this ordinance, and each section, subsection, sentence,
CITY OF ANNA, TEXAS ORDINANCE NO. 714-2016 PAGE 9OF10
/ clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. ~~~E~ .._ ?:' the City Council of the City of Anna, Texas, on this the c5?f/.J day of ~2016. ATTESTED: APPROVED: l~~·edskit/! City Secretary Carr:(eLSmith ,,,,,11•;111;,,,,,1 CITY OF ANNA, TEXAS ,,,, 0 F ~ 111,, ~' '"{ IV, ,,., ~ ,,,, ~ ~ •• • ••• ':A .. ~ ~ ..... 5:i:•" . . .. ~ ""'1-~-..... r -:r. • .o;.. ~ ~: ~ ~ ~ . . ~ -. . -~ : : ~ -ill • * -: * . . :: .l • • .::--r: • • ...... ~ ·.. .· ~ -;. * .. .• * ~ ~ .. .. . ~ .... .,. ... ,,,,,, re»<~'-',,,,,,'""' 11111111111111111\\ ORDINANCE NO. 714-2016 PAGE 10OF10