ARTICLE XIV. WELLHEAD PROTECTION

SECTION 13-300. Statement of Purpose

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to contamination of the public water supply, to maximize groundwater protection/pollution abatement control procedures, and minimize land use restriction to ensure that the public is provided with a safe potable water supply now and for future generations.

SECTION 13-301. Scope of Article

The provisions of this article shall apply to all wells located within Grand Prairie city limits, in the extra territorial jurisdiction (ETJ), and at any location within the radius of one thousand (1,000) feet of the City and all underground storage tanks located within Grand Prairie city limits.

SECTION 13-302. Definitions

In this article:

Abandoned Well: shall mean any well which has been continuously out of use for a period of at least two (2) years unless a waiver is obtained by the Director or any monitoring well, if at the end of an investigation, the well is not properly closed in the manner required by this article.

Anthropogenic: shall mean produced as a result of human activities.

Contamination: shall mean the admission of contaminants into the potable water supply system.

Closure letter: a letter issued by the state regulatory authority which states that, based on the information available, the state regulatory authority agrees that corrective action has been completed for the referenced release in accordance with such authority’s requirements.

Director: shall mean the director of the department who is vested with the authority and responsibility for the implementation of an effective well head protection program and for the enforcement of the provisions of this article.

Domestic well: shall mean any well used for domestic uses such as, but not limited to, drinking water and irrigation, as well as, for agricultural purposes.

Existing UST system: an underground storage tank system which is used or designed to contain an accumulation of regulated substances for which installation either had commenced prior to December 22, 1998, or had been completed on or prior to December 22, 1998.

Hazardous materials: any matter which is or may be reasonably expected to be dangerous to human health, the environment, or property , and shall include, but not be limited to, those substances defined as hazardous waste or material by federal or state agencies.

Industrial well: shall mean any well used for industrial purposes such as, but not limited to, make-up water, production water, and irrigation.

Monitoring well: shall mean any well used for the purposes of monitoring groundwater and for investigative purposes such as, but not limited to, determining whether pollution is present.

New UST system: an UST system which is used or designed to contain an accumulation of regulated substances for which installation commenced after December 22, 1988; or an underground storage system which is converted from the storage of materials other than regulated substances to the storage of regulated substances after December 22, 1988.

Observation Well: a monitoring well or other vertical tubular structure which is constructed, installed, or placed within any portion of a UST excavation zone, and which is designed or used for the observation or monitoring of groundwater, or for the observation, monitoring, recovery, or withdrawal of either released regulated substances or groundwater contaminated by such released regulated substances.

Person: shall mean any individual, partnership, association, corporation, firm, club, trustee, receiver, and bodies politic and corporate.

Potable water supply: shall mean any water supply intended or used for human consumption or other domestic use.

Premises: shall mean any piece of property to which water is provided, including improvements, mobile structures, and structures located on it.

Regulated materials: any material regulated by the state and/or federal regulatory agencies including, but not limited to, oils, petroleum products, and vehicle fluids.

Regulatory authority: shall mean any municipal officer or department of the city appointed by the city manager to administer this article.

Secondary containment: a containment method by which a secondary wall, jacket, or barrier is installed around the primary storage vessel in a manner designed to prevent a release from migrating beyond the secondary wall or barrier before the release can be detected.

State regulatory authority: shall mean the state’s agencies which have the authority to adopt and enforce any rules necessary to carry out its powers and duties under the laws of Texas.

Underground Storage Tank (UST): any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground.

Underground Storage Tank System: an UST, all associated underground piping and underground ancillary equipment, spill and overfill prevention equipment, release detection equipment, corrosion protection system, secondary containment equipment, and all other related systems and equipment.

Well: shall mean any opening in the ground utilized for the purpose of extracting or producing water, monitoring ground water, and/or for temporary purposes.

Wellhead Protection Area (WHPA): shall mean the surface and subsurface area surrounding a public water well or well field through which contaminants could likely pass and eventually reach the ground water supply as determined by the Texas Natural Resource Conservation Commission (TNRCC).

SECTION 13-303. Methods of Reducing Potential Contamination

In order to accomplish its purposes, this ordinance shall employ the following methods:

(a) Establish a wellhead protection area (WHPA) based on a five year time of travel.

(b) Restrict uses within the WHPA that pose risks of contamination to the public water supply.

(c) Control anthropogenic activities within the WHPA that may increase the threat of potential contamination of the public water supply.

(d) Monitoring of existing and future anthropogenic activities within the WHPA that have been identified as potential sources of contamination.

(e) Enforcement of all applicable laws governing pollution abatement and control, storage and transport of hazardous, regulated, or toxic materials, and collection, storage, transport and treatment of municipal or industrial sewage and underground storage tanks.

(f) Develop contingency plans for alternative drinking water supplies which also provides for emergency response to such contamination.

(g) Inventory potential sources of contamination within designated WHPA(s) as necessary.

(h) Enforcement of State and local laws regulating on-site sewage systems.

(i) Regulation of the construction, operation, correction and abandonment of water wells within both the City limits and the extraterritorial jurisdiction (ETJ).

(j) Public education.

SECTION 13-304. Powers and Duties of Regulatory Authority

The regulatory authority or its designated agent or representative shall have the following powers:

(a) To make or have made examinations of all wells within the City and all wells outside the City limits which by law are under the jurisdiction of the City, privately owned or otherwise;

(b) To enter property of the owner of a well and/or to make or have made at any time the necessary analyses for tests of water therefrom;

(c) To require the owner to furnish all information requested 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;

(d) To observe the construction, repair, abandonment and plugging of wells and the operation of such wells. The regulatory authority shall keep a register of all known and newly registered wells within the incorporated area of the city and its ETJ, 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.

(e) To inspect underground storage tanks and storage of any regulated or unregulated materials.

SECTION 13-305. Permit - Required for Work on Wells

It shall be unlawful for any person to drill or otherwise construct, repair, correct, extend the depth, abandon or plug a well, or to engage upon such work, within the limits of the area defined in this ordinance, or to employ anyone else to engage in such work, without first applying for and securing a permit from the regulatory authority. Such permit may be granted with the approval of the regulatory authority to any person who files the application hereinafter provided for and pays the fee hereinafter required, and complies with all other provisions of this article.

SECTION 13-306. Permit Requirements

Every application for a permit for the drilling, construction, repair, correction, extension, abandonment, or plugging of a well must:

(a) be submitted on a form supplied by the regulatory authority;

(b) provide the name of the contractor(s), and the license number issued by the Texas Water Well Drillers Board or future organization, if done through a contractor, whom the owner desires to drill or construct, repair and correct, or do the work pursuant to an abandonment of a well in compliance with this Article;

(c) meet the minimum required separation distances for on-site sewage facilities as required by Chapter 285 of the Texas Health and Safety Code or any amendments thereof.

(d) provide the regulatory authority all analytical data and /or reports upon request.

SECTION 13-307. Fees – Amounts.

The fees to be paid to the regulatory authority for the permits required by this article shall be as follows:

(a) Permit for the drilling, construction, or repair of a residential well, twenty-five dollars.

(b) Permit for the drilling, construction, or repair of a non-residential well on private property, one hundred dollars.

(c) Permit for the drilling, construction, or repair of a non-residential well on City property, five hundred dollars.

(d) Permit fees for local, state, and federal agencies, and their contractors are waived.

SECTION 13-308. Construction

Every well constructed must meet all applicable federal, state, and local regulations. If done through a contractor, he or she must provide the regulatory authority with the license issued by the Texas Water Well Drillers Board or future organization.

The casing materials, as well as, all materials used in the construction and/or repair of any well must comply with all applicable federal and state regulations.

All observation wells that are regulated as monitoring wells by the Water Well Drillers Board shall be constructed or installed in accordance with all applicable state requirements.

SECTION 13-309. Wells Contaminating Other Water Sources; Abating Nuisance

(a) A well may be considered a nuisance under the following conditions:

(1) A well which pollutes or which has the potential to contaminate any other wells or the City's municipal wells;

(2) A well which, in the sole opinion of the City or its agents, presents an immediate threat to the health, safety or general welfare of the public is declared to be a nuisance;

(3) A well which, for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the City's municipal water supply, or which for any reason would tend to pollute or contaminate any other well or the water in the source of the City's water supply.

(4) A well which is abandoned.

(b) Whenever any wells have not been in active use for more than two years, the owner or operator of such well shall report the fact to the regulatory authority.

(c) 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 , a twenty-five percent (25%) administrative fee, and shall pay such cost upon demand.

(d) Upon 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 regulatory authority such nuisance shall be abated by the owner within sixty (60) days from the date of such notice by filling and plugging the well in the manner provided for in this article for abandoned wells.

(e) Failure to abate such nuisance within such time, or if owner or his agent, such City shall have the right to enter the 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 plus a twenty- five (25) percent administrative fee and shall pay such cost upon demand.

(f) The City or its agents shall have the right to enter any 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 Section 13-260 hereof.

(g) The City or its agents shall have the right to enter any property and take immediate action to abate any threats to human health or the environment.

(h) Anytime the City or its agents abates a nuisance and/or fills and plugs an abandoned well, the owner of such premise shall be responsible for any costs associated with said activities. Such person shall also be responsible for reimbursing the City for any costs/damages incurred by the City. These costs/damages may include, but are not limited to, manpower, administrative fees, equipment, supplies, analytical costs, consultants, private contractors, and street/utility repairs. The City Manager is hereby authorized to direct the City Attorney to file such claims, lawsuits, and/or liens, as necessary, to collect such costs/damages.

(i) Every abandoned well shall be filled and plugged with such materials and in a manner approved by the Texas Water Well Drillers Board or future organization that will, in their and the regulatory authority’s judgement, prevent the pollution and contamination of the City's water supply or the contamination of any other well within the limits of the City. The filling and plugging shall be done under the supervision of the regulatory authority and at the expense of the owner of such well.

(j) 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 all applicable federal and state regulations, 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. The owner or operator of such well shall comply with such order within sixty days after its date. Should he fail to so comply within such 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 enter the land or property upon which the well is situated and fill and plug such well in the manner required by this article.

SECTION 13-310. Activities to be Restricted Within the WHPA

(a) The unauthorized disposal, placement, abandonment, or otherwise discharge (hereafter referred to as "dumping") of any material in a manner inconsistent with established City, State, or Federal ordinance, statute, or regulation is hereby prohibited. Examples of dumping include but are not limited to chemical waste, paint, mineral spirits, garbage, trash, sludge, automobile waste, radioactive materials, and/or sewage/effluent.

(b) The storage of regulated materials in an UST is prohibited unless it has met the federal, state, and local requirements.

(c) The storage of regulated materials outside that is not protected by secondary containment which can contain at least 110% of the largest container.

(d) 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 drain field, 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 a municipal water well. For the purposes of this Ordinance, improperly constructed water wells are those wells that do not meet the surface and subsurface construction standards for a public water supply well.

(e) 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 a municipal water well.

Sec. 13- 311. Prohibitions.

(a) The regulatory authority reserves the right to prohibit the construction of domestic and industrial wells in areas where groundwater contamination is known to be present.

(b) The construction of domestic and industrial wells is prohibited on any properties that were formerly part of the Clear Zone of Naval Air Station Dallas. The construction of monitoring wells may be approved with prior consent from the Director.

(c) The construction of any domestic, industrial, or monitoring wells on city property is prohibited unless:

(1) Prior approval is obtained from the City’s Public Works Department. (2) A permit is obtained as required by this article. (3) Such wells shall be installed in accordance with this article. (4) Copies of any analytical data derived from such well shall be forwarded to the regulatory authority within six (6) months of any sampling event. (5) Such wells shall be properly filled and plugged as required by this article when it is considered abandoned as defined by this article.

SECTION 13-312. Underground Storage Tanks and Underground Storage Tank Systems

The owner of an UST must comply with all federal, state, and local regulations concerning the installation, construction, notification procedures, permits, and closure of an UST system.

SECTION 13-313. Permit-Required for Work on UST Systems

It shall be unlawful for any person to install, construct, repair, correct, remove, or to engage upon such work, within the limits of the area defined in this ordinance, or to employ anyone else to engage in such work, without first applying for and securing a permit from the regulatory authority. Such permit may be granted with the approval of the regulatory authority to any person who files the application hereinafter provided for and pays the fee hereinafter required, and complies with all other provisions of this article.

SECTION 13-314. Permit Application – New UST Systems

Every application for a permit for the installation of an UST system must:

(a) Apply for a permit.

(b) Meet all federal, state, and local regulations for new UST systems.

(c) Provide the regulatory authority with the TNRCC UST registration form.

SECTION 13-315. Permit Application –UST Systems

Every application for a permit for the repair, upgrade, or closure of an UST system must:

(a) Apply for a permit.

(b) Meet all federal, state, and local regulations for existing UST systems.

(c) Provide the regulatory authority with a closure letter from the state regulatory agency for removal/closure of a UST system.

(d) Provide the regulatory authority with the report submitted to the state regulatory authority for closure purposes.

SECTION 13-316. Right of Entry: Inspection and Monitoring.

(a) The City’s representative shall have the right to enter the premises of any person to determine whether the person is complying with all requirements of this article. Persons shall allow inspecting or monitoring personnel ready access to all parts of the premises for the purposes of inspection, monitoring, records examination and copying, and the performance of any additional duties.

(1) Where security measures are in force which require proper identification and clearance before entry into its premises, a person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the City’s representative will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The City’s representatives shall have the right to set up on a person’s property, such devices as are necessary to conduct monitoring of a person’s operations.

(3) Unreasonable delays in allowing the inspecting or monitoring personnel access to a person’s premises shall be a violation of this ordinance.

SECTION 13-317. Warning and Disclaimer of Liability

The degree of protection of the local community's municipal wells and public water supply is considered reasonable for regulatory purposes and is based on scientific and engineering considerations along with best professional judgement. It is recognized that not all potential sources of contamination are unavoidable and that a contamination event may occur due either to manmade or natural causes. This ordinance does not imply that the WHPA(s) will totally preclude a contamination event from taking place. This ordinance shall not create liability on the part of the community or any official or employee thereof for any damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

Sec. 13-318. Punishment-For violations, other remedies.

(a) Any person, firm, or corporation who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.

(b) Any person, firm, or corporation who obstructs, impedes, or interferes with a representative of the City, with a representative of a City department, with monitoring equipment, or with a person who has been ordered to abate a situation pursuant to this article and who is lawfully engaged in such abatement is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in section 1-8 of the Code of Ordinances of the City of Grand Prairie, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation.

(c) In addition to proceeding under authority of subsections (a) and (b) of this section, the City is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article.

Sec. 13-319. Administrative liability.

(a) No officer, agent, or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties under this article.

(b) Any suit brought against any officer, agent, or employee of the City as a result of any act required or permitted in this discharge of such duties under this article shall be defended by the City Attorney until the final determination of the proceedings therein.

Sec. 13-320. Abatement by City.

(a) In the event that an owner shall fail to comply with this article, the Environmental Services Director, or designee may notify such owner by letter addressed to such owner at such owner's post office address, or by publication as many as two (2) times within ten (10) consecutive days in a local newspaper, if personal service may not be had on the owner, or the owner's address is not known. The notification shall contain in brief terms the condition or conditions which exist on said owner's premises which fail to comply with this article. At the expiration of ten (10) days after issuance and receipt of the notification, or at the end of ten (10) days after the final date of publication, the City may enter upon such premises and may do such work as necessary, or cause the same to be done, to abate the unlawful condition of the premises in order that the premises may comply with the requirements of this article. A statement of the cost incurred by the City to abate such condition shall be mailed to the owner of the said premises and said statement shall be paid within thirty (30) days of the date of the mailing of the statement of costs.

(b) In the event that an owner shall have an emergency condition, the Environmental Services Director, or their designees, may enter upon such premises and may do such work as necessary, or cause the same to be done, to abate the condition in order that the premises may comply with the requirements of this article. For the purposes of this section, "emergency condition" shall be defined as any condition or conditions which is or reasonably could be an immediate threat to the health, safety or welfare of the citizens of Grand Prairie, Texas or to the environment. A statement of the cost incurred by the City to abate such condition shall be mailed to the owner of the said premises and said statement shall be paid within thirty (30) days of the date of the mailing of the statement of costs.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 17TH DAY OF OCTOBER , 2006.