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HomeMy WebLinkAboutOrdinance 3208 ORDINANCE NO. 3208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES BY REPEALING CHAPTER 78 -37, WATER WELLS; BY AMENDING CHAPTER 78 -2; BY CREATING VIII, WATER WELLS, RELATING TO THE PERMITTING AND REGULATION OF WATER WELLS WITHIN THE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas, desires to amend the Code of Ordinances of the City of North Richland Hills as it pertains to the regulations covering the drilling of water wells within the City limits; and WHEREAS, the Texas Department of Licensing and Regulation (TDLR) and the Texas Commission on Environmental Quality (TCEQ) have rules regulating the drilling of water wells to help ensure the safety of underground water supplies; and WHEREAS, these rules and regulations are found in the Texas Administrative Code, Title 16 — Economic Regulation, Part 4 - Texas Department of Licensing and Regulation, Chapter 76 — Water Well Drillers and Water Well Pump Installers and Texas Administrative Code, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems; and WHEREAS, safe and uncontaminated groundwater is important to the City's general welfare; and WHEREAS, the City Council of the City of North Richland Hills, Texas, deems it to be in the best interest of the public health, safety, and general welfare of the citizens of the City of North Richland Hills to amend Chapter 78 of the Code of Ordinances relating to the permitting and regulation of water wells so that water wells are consistent with current rules and regulations as promulgated by the TDLR and the TCEQ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Sec. 78 -37. — "Water wells" is hereby repealed. Ordinance No. 3208 Page 1 of 7 SECTION 2. The first paragraph of Chapter 78 -2, "Definitions" of the North Richland Hills Code of Ordinances is hereby amended as follows: "Sec. 78 -2. - Definitions. Unless a different meaning clearly appears from the context or from the words and phrases found in the latest revision of the TDLR's "Water Well Drillers and Pump Installers Administrative Rules" found in the Texas Administrative Code (TAC), Title 16 — Economic Regulation, Part 4 — Texas Department of Licensing and Regulation, Chapter 76 — Water Well Drillers and Water Well Pump Installers, the following words, terms and abbreviations shall have the following meanings respectively, as they are used in articles, I, II, III, V and VIII of this chapter:" SECTION 3. The following words, terms and abbreviations are hereby added to Chapter 78 -2, "Definitions" of the North Richland Hills Code of Ordinances: "Deteriorated Well means a well that because of its condition will cause or is likely to cause pollution of any water in the City or State, including groundwater. FEMA means the Federal Emergency Management Agency. NTGCD means the Northern Trinity Groundwater Conservation District. TAC means the Texas Administrative Code. TCEQ means the Texas Commission on Environmental Quality, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TCEQ. TCHD means the Tarrant County Health Department, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TCDH. TDLR means the Texas Department of Licensing and Regulation, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TDLR. TWDB means the Texas Water Development Board, or any successor agency designated by the Legislature of the State of Texas to perform the regulatory function of the TWDB." Ordinance No. 3208 Page 2 of 7 SECTION 4. Chapter 78, "Utilities" of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article VIII, "Water Wells" to read as follows: "ARTICLE VIII. WATER WELLS Sec. 78 -450. Well Driller's Registration Anyone desiring to do work for which a water well drilling permit is required must be registered with the City as a contractor. Registration with the City is effective for one calendar year. Well drillers must be licensed by the State of Texas prior to being registered with the City. Registration with the City is required before a City permit can be issued. Registration fees shall be in accordance with Sec. 98 -185. — Contractor Registration of the North Richland Hills Code or Ordinances. Sec. 78 -451. Water Well Drilling Permit and Construction (a) Prior to the drilling of any water well within the corporate limits of the City, a permit shall be obtained from the City by filing an application with the Public Works Department at least two (2) weeks in advance of commencing work on the well. An application to drill a water well within the City limits shall contain two (2) copies of the following information. (1) The name, address, and phone number of the owner of the land upon which the work is to be done. (2) A map drawn to scale showing the location of the well and including its latitude, longitude, and street address. (3) Show to scale on the map the location of all other water wells, fences, swimming pools, property lines, irrigation lines, animal pens, fuel storage tanks, septic tanks, lateral fields, aerobic on -site sewage systems, and aerobic system effluent spray piping on the tract of land the well is to be drilled and located. (4) The type of material and size of casing, piping, and all other equipment to be installed. (5) The well driller's name, business address, phone number, and State TDLR license number. (6) An application fee of fifty dollars ($50.00); after 2012, this fee shall be as established in Appendix A of the North Richland Hills Code of Ordinances. Ordinance No. 3208 Page 3 of 7 (7) Copy of permit and registration with the NTGCD. (b) TDLR Driller's License Required: No water well in the City limits shall be drilled, reworked, or repaired unless the person, company, or corporation doing the work has a well driller's license from the TDLR and a Well Driller's Registration from the City. Normal maintenance of pumps, delivery pipe, wiring, or sand removal should be performed by a licensed well driller or by persons under his supervision unless exempted under TAC, Title 16, Part 4, Chapter 76, Section 76.300. Exemptions. (c) Water Well Construction: All water wells drilled within the City limits shall meet the following minimum requirements. (1) All water wells drilled within the City shall be constructed and completed in accordance with the appropriate rules promulgated by the TCEQ or TDLR for an individual property owner (private well). These rules and regulations are found in the Texas Administrative Code, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems and the Texas Administrative Code, Title 16 — Economic Regulation, Part 4 - Texas Department of Licensing and Regulation, Chapter 76 — Water Well Drillers and Water Well Pump Installers. (2) All wells shall be constructed and completed in accordance with the rules and regulations of the NTGCD. (3) All wells shall be for irrigation purposes only. (4) All wellheads and vents shall be at least two feet (2') above the ground or the known high watermark or 100 -year base flood elevation (BFE) whichever is higher. (5) No well other than a City owned and operated public drinking water supply well is permitted to be connected to the City's public water system. (6) A copy of the appropriate fully executed Sanitary Control Easement. (7) Water wells located within dedicated sanitary control easements for public water systems must be constructed to public water well standards pursuant to TAC, Title 30 - Environmental Quality, Part 1 - TCEQ, Chapter 290 - Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems. Ordinance No. 3208 Page 4 of 7 (d) Spacing and Location of Water Wells: All new water well locations shall meet the requirements of TAC, Title 16, Part 4, Chapter 76, Section "76.1000 Technical Requirements - Locations and Standards of Completion for Wells ", part (a). Additionally, all new water well locations shall meet the rules for spacing and location of the NTGCD. (e) Inspections: The permit holder or the permit holder's agent will notify the Public Works Department 24 hours prior to the well driller beginning to drill the well and 24 hours prior to the water well being completed. The notification will be in person or by phone during the City's regular business hours. The notification will include the time, name and phone number of the person making contact, the approved permit number, and the address given for the inspection. The City's inspector will call back the phone number given on the notification to confirm the address and time of the inspection. The inspection by the City prior to the well being drilled will be to verify that the drilling rig is set up ready to drill in the proper well location as noted on the approved permit. The inspection by the City after the well is completed will be to confirm the wellhead has been finished in accordance with the City and State criteria. The City inspector's access to the site will be the permit holder's responsibility. Any pets or animals (cats, dogs, cattle, horses, etc.) will need to be removed or excluded from the wellhead area prior to the inspections taking place. (f) Logs and Reports: No later than thirty (30) days after the completion of any new water well, or the deepening or reworking of an existing well (in excess of normal maintenance), the well driller shall furnish to the Director of Public Works copies of the following logs and reports. (1) TDLR Well Report. (2) Report on cementing procedures and surface protection system used. (3) Report on disinfection procedures. (4) Coliform Submission and Report Form from a State Health Department approved testing laboratory showing results for the Total Coliform and E.coli categories to be Absent (no coliforms found). (5) Private Wells: Test results showing levels of nitrate, nitrite, pH, fluoride, total solids, iron, copper, lead, sulfate, and chloride in the well water. The test results must be from a State Health Department approved testing laboratory. Ordinance No. 3208 Page 5 of 7 (6) Public Wells: Test results for water quality in accordance with the TCEQ rules. Sec. 78 -452. Abandoned and Inoperative Water Wells The record owner of land upon which any abandoned water well is located must plug such wells as required by the TCEQ and TDLR rules and submit the following to the Public Works Department: (1) An application complying with Sec. 78 -451 above. (2) A fee of fifty dollars ($50.00) for the cost for plugging a well; after 2012, this fee shall be as established in Appendix A of the North Richland Hills Code of Ordinances. (3) A copy of the official plugging report to be sent the State from the driller or the property owner immediately after the plugging operation is complete. Sec. 78 -453. Annual Test Report All land owners within the corporate limits of the City with existing water wells located thereon as of January 1st of each year, must furnish the Public Works Department with the water quality test results for nitrate and nitrite. The test results must be from a State Health Department approved testing laboratory and be supplied to the Public Works Department prior to September 30th of that same year. Sec. 78 -454. Regulation Conflicts In the event of a conflict between the provisions of this ordinance and applicable regulations enforced by the TCEQ or the TDLR, the most stringent regulations shall apply." SECTION 5. THAT, all other Ordinances in conflict herewith are hereby repealed. SECTION 6. THAT, any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon final conviction thereof, be fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each and every day any such violation continues shall constitute a separate offense and shall be punishable as such hereunder. SECTION 7. THAT, if any section, paragraph, clause, phrase, or provision of this Ordinance, or application thereof, is held to be invalid or unconstitutional by a Court of competent Ordinance No. 3208 Page 6 of 7 jurisdiction, such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 8. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this Ordinance as an alternative method of publication provided by law. SECTION 9. THAT, this Ordinance shall become effective and shall be in full force and effect from and after the date of passage and adoption by the City Council of the City of North Richland Hills, Texas, and upon execution thereof by the Mayor of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 9th day of July, 2012. CIT ;FN J0T;R IC HL ILLS \,`��;«C�,yf,� utnrur����� Oscar Trevino, Mayor r AI.TEST:r : r— Patr'i„ �,�` °�City Secretary APP V D O FORM D LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: - n - J'-0 Mike Curtis, P.E., Managing Director Ordinance No. 3208 Page 7 of 7 INVOICE Star Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 322008851 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 7/13/2012 Federal Tax ID 26- 2674582 Terms Net due in 21 days Bill To: Due Date: 7/31/2012 CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 32200885 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 7/12/2012 -7/13/2012 EMINEEMEEMENIMM CITY O Bids &Propo I3570 1 37 37 LINE $6.13 $453.44 CITY OF NORTH RICHLAND HILLS ORDINANCE NO. 3208 Sales Di An ordinance of the City Council of ($407.20) the City of North Richland Hills, Texas; amending the City of North Richland Hills Code of Ordinances Misc Fe by repealing Chapter 78 -37, Water • $10.00 Wells; by amending Chapter 78 -2; by creating VIII, - Water Wells relating to the permitting ana regulation of water wells within the city limits; ,providing a sever - ability clause; providing'a penalty; Net Amount: $56.24 authorizing publication; and es tablishing an effective date. THAT, any person violating any of the provisions of this Ordinance shall be deemed guilty of a -misdemeanor and shall, upon final conviction thereof, be fined In an amount not to exceed Two Thou- sand Dollars ($2,000.00). Each and every es day t any such violation con- 1 h�+ N, ������� , im shall any a separate , ,.+�.n +•4��y CHRISTY LYNNE HOLLAND offense and shall be punishable as ; such hereunder. :�_ °' �.`'�+= Notary Public, State Of Texas i Passed dof and lu Approved on this 9th I • `,- . +� My Commission Expires /s /scar Trevino July 31, 201 THE S' Oscar Trevino - 'Mayor County /pat cia Hutson Patricia Hutson - City Secretary Before APPROVED AS TO FORM AND Count y personall PP y g LEGALITY: y and State, this da ersonall appeared Deborah Ba Norwood, Bid and Le Coordinator for the Sta /s /George staples Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the George Staples 0 City Attorney , . Inent was publishe n the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, July . 0 Notary Public Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customet ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 322008851 Invoice Amount: $56.24 PO Number: Amount Enclosed: