(A) Any defective or contaminating well, as described herein, is hereby found to be a threat to die water supply of the city, a potential source of disease, injurious to the public health, and is hereby declared a nuisance.
(B) For the purpose of this section a contaminating well is considered to be any well or other opening which penetrates the underground water supply and which in any way pollutes or contaminates any other well or the city’s water supply.
(C) For the purpose of this section a defective well is considered to be: any well, whether dug or drilled, which for any reason does not completely prevent, or which has the potential to allow, the mixing of water or other liquid from above and below the source of the city’s water supply (the ground water aquifers) with the water in the source of the city’s water supply; or any water well that was constructed without a permit and associated inspections.
(D) The city, acting through the Public Works Director, pursuant to § 217.042 or § 551.002 of the Texas Local Government Code and § 342.001 of the Texas Health & Safety Code, may require the abatement of such nuisance. The Public Works Director may, on its initiative or upon information or complaint from any source, make an examination of any well suspected of being defective. If such an examination indicates in the opinion of the Public Works Director that the well is contaminating or defective well or that the water from such well is unsafe for human consumption, then the director, or his authorized representative of the Public Works Director shall issue an order or written instructions to the owner or his agent in charge of such well or the property upon which it is situated to plug this well in such a manner as prescribed by the Public Works Director and in compliance with TCEQ regulations and Public Works Department Water Well Permitting Procedures.
(Ord. 18-1207, passed 4-5-2018)