SUBDIVISION III: MONITORING WELLS

§ 12.5-155 NECESSITY OF MONITORING WELLS.

   If subsurface environmental sampling or other tests indicate the possibility of soil or groundwater contamination within city rights-of-way, property or easements, and either the city, the commission or the EPA requires the installation of monitoring wells, the city manager may enter into a use agreement with a property owner for the placement of monitoring wells and additional subsurface environmental sampling.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-156 INFORMAL REQUEST FOR MONITORING WELLS.

   (a)   A property owner seeking to place monitoring wells on city right-of-way, property or easements shall submit an informal written request to the environmental manager.

   (b)   The informal request shall:

      (1)   Provide documentation of the need for the well(s);

      (2)   Provide documentation of the requestor’s efforts to locate the well(s) on property other than city right-of-way, property and easements; and

      (3)   Include a preliminary plan for the location of the well(s).

   (c)   If the environmental manager determines that the request should be approved for further processing, the requestor shall be so notified. If the environmental manager determines that the request should be denied, the requestor shall be so notified. The requestor shall have ten days from the date of the notice of denial to appeal the decision to the city manager.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-157 FORMAL REQUEST FOR MONITORING WELLS.

   (a)   If the preliminary request is approved, the requestor shall submit a formal request and seven copies to the environmental manager.

   (b)   The formal request shall include:

      (1)   Documentation of coordination with:

         a.   T.U. Electric Company;

         b.   Lone Star Gas Company;

         c.   Southwestern Bell Telephone Company;

         d.   Sammons Cable;

         e.   Other holders of city utility franchises or licenses;

         f.   Texas department of transportation (if applicable);

         g.   Tarrant County water control and improvement district (if applicable);

         h.   Tarrant County department of public works and transportation (if applicable);

         i.   Trinity River Authority (if applicable); and

         j.   The adjacent private property owner (if applicable).

      (2)   A detailed scale drawing showing all property and improvements located within 100 feet of the proposed well installation;

      (3)   The scope and details of all well improvements, including, but not limited to, location and depth of the well(s), the size of the well(s), the hours of operation and the construction details of the well(s);

      (4)   All equipment to be used in the construction, operation and maintenance of the wells;

      (5)   The names, addresses, phone numbers and qualifications of all businesses involved in the construction, operation and maintenance of the well(s);

      (6)   The length of time the well(s) will be in service;

      (7)   The procedure to remove the well(s) after they are no longer needed, including restoring the property to its original condition; and

      (8)   The monitoring procedures to be used, including frequency and time of monitoring.

   (c)   After receiving the formal request, the environmental manager shall forward copies to the following city officials/departments for review:

      (1)   City attorney;

      (2)   Risk management division of finance;

      (3)   City fire chief;

      (4)   City traffic engineer;

      (5)   Department of water, engineering services division;

      (6)   [Reserved];

      (7)   Department of development; and

      (8)   Department of parks and recreation (if the request will involve use of the city parks land).

   (d)   The officials/departments listed in subsection (c) above may provide the environmental manager with requirements to be imposed on the requestor, and other recommendations including alternate sites. The environmental manager shall review such requirements and recommendations and shall incorporate them into the use agreement to the degree practicable, but will have approval authority over the formal request. However, any wells which will be placed in city rights-of-way shall also require the approval of the city traffic engineer on matters of traffic safety.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 14934, § 6, passed 1-22-2002; Ord. 18319-09-2008, § 6, passed 9-30-2008)

§ 12.5-158 USE AGREEMENTS FOR MONITORING WELLS.

   (a)   If the formal request is approved, the environmental manager shall prepare a written use agreement setting forth the city’s requirements, and shall deliver it to the requestor.

   (b)   After the requestor returns the signed use agreement to the environmental manager, along with the required fee and certification of utility clearance for all city-franchised utility companies, and when applicable, the other persons named in § 12.5-157(b)(1), the commission and the EPA, the environmental manager shall present it to the city manager for final review. The city manager may then approve or reject the use agreement.

   (c)   The use agreement shall take the place of any permits required by the city elsewhere in this code, to do the work allowed by the agreement.

(Ord. 12274, § 1, passed 11-28-1995)

§§ 12.5-159—12.5-164 RESERVED.

SUBDIVISION IV: MITIGATION OF CONTAMINATED SOIL