(A) For the purpose of this section a well is considered to be an abandoned well if it has not been used for a period of six consecutive months or longer. A well is considered to be in use in the following cases:
(1) A non-deteriorated, non-defective or non-contaminating well which contains the casing, pump and pump column in good condition, and which is connected to an active electrical or other power source; or
(2) A non-deteriorated, non-defective or non- contaminating well which has been properly capped, and for which a variance has been granted by the Public Works Department.
(B) It is hereby declared that an abandoned well, as defined in division (A) above, has the potential to pollute the water supply or be otherwise injurious to the public health, and, pursuant to Tex. Loc. Govt. Code. § 217.042 and 551.002 as amended, is hereby declared a nuisance, for which the city, acting through the Public Works Department, pursuant to the code, may require the abatement of such nuisance.
(C) The owner, operator, or agent in charge of an abandoned well shall notify the Public Works Department of that condition. Every abandoned well shall be filled and plugged in accordance with all applicable TCEQ regulations and Public Works Department Water Well Permitting Procedures and with such materials and in such manner as in the judgment of the Public Works Director will prevent the pollution and contamination of the city water supply or of any other well within the limits of the city of the Public Works Department service area.
(D) Whenever Public Works Director 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 section, the Public Works Director shall notify the owner, operator, or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall order such person to fill and plug the well in accordance with this section of the code.
(E) The Public Works Director may require any owner of a capped well to take any action necessary or to provide any information or materials necessary to establish that such a capped well is not defective, contaminating, or deteriorated.
(Ord. 18-1207, passed 4-5-2018)