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ORDINANCE AMENDMENT
ORDINANCE NO. 16-3637
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF PLAINVIEW,
TEXAS AMENDING THE PLAINVIEW CODE OF ORDINANCES TO CREATE
ARTICLE 13.07 SANITARY STANDARDS AND PROTECTION FOR PUBLIC
WATER SUPPLIES OF CHAPTER 13, UTILITIES, IN ORDER TO ESTABLISH THE
RULES AND REGULATIONS FOR SANITATION AND POLLUTION CONTROL;
PROVIDING FOR A CRIMINAL PENALTY, CLASS C MISDEMEANOR NOT TO
EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR VIOLATION OF THE
CODE, PER STATE LAW; CONFLICT OF LAWS; EFFECTIVE DATE; SEVERANCE
CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; AND PROVIDING
PROPER NOTICE OF OPEN MEETING.
WHEREAS, the City of Plainview, Texas owns and operates water supply facilities
within the City, including fifteen (15) water wells and related facilities ("Wells"), which
provide potable water to City residents; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Rules and
Regulations for Public Water Systems at 290.39 et seq., revised June 2012, requires
groundwater sources be located where no pollution danger from flooding occurs or no
unsanitary surroundings -exist, including privies, selvage, sewage treatment plants,
livestock and animal pens, solid waste disposal sites or underground petroleum and
chemical storage tanks and liquid transmission pipelines, or abandoned and improperly
sealed wells; and
WHEREAS, the City Council desires to set uniform requirements for facility use
and construction of such facilities in or on real property within one hundred fifty feet (150')
of the water wells the City owns and operates to secure all such land from polluter
hazard;, and to enable the City to comply with alL applicable state and local laws ano
regulations; and
WHEREAS, the City Council further wants to prevent certain uses and the
construction of facilities in or on land surrounding the Wells, which may create a pollution
danger to the water produced from such Wells and can become a health and safety
hazard for Plainview residents; and
WHEREAS, the provisions herein are vital in promoting and protecting the health,
safety, and welfare of the public by requiring maintenance of sanitary conditions around
such Wells to protect the city's water supply and provide an enhanced quality of life for
the citizens of the City of Plainview.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Plainview that:
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SECTION 1.
Chapter 13, Utilities, is amended to create Article 13.07, Plainview Code of
Ordinances as follows:
ARTICLE 13.07
SANITARY STANDARDS AND PROTECTION
FOR PUBLIC WATER SUPPLIES
Division I. Statutory Authorization, Findings of Fact, Purpose and Methods
Sec.13.07.001. Statutory Authorization and Findings of Fact.
The Texas Commission on Environmental Quality (TCEQ) is mandated to regulate
and control public drinking water systems in the state in accordance with the Texas Health
and Safety Code Ann., Chapter 341, Subchapter C (Vernon's 2010). In response to these
obligations, TCEQ adopted Rules and Regulations for Public Water Systems at Section
290.39 et seg., revised June 2012, to ensure public water systems supply safe drinking
water in adequate quantities. The City of Plainview owns and operates public water
facilities, including fifteen (15) ground water wells and related facilities, providing potable
water to City residents. Both TCEQ and the City of Plainview want to ensure public water
supplies provide safe drinking water for Plainview residents.
This Article shall be known and may be cited as the Sanitary Standards and
Protection for Public Water Supplies Article of the City of Plainview, Texas and shall apply
to all public drinking water systems within the City's jurisdiction.
Sec. 13.07.002. Statement of Purpose.
(a) It is the purpose of this Article to promote the public health, safety and general
welfare to ensure the City of Plainview's public water systems supply is safe
from any contaminants by providing uniform rules for facility users and
construction of such facilities in or on real property within one hundred fifty feet
(150') of the water wells the City owns and operates.
(b) This purpose is to prevent certain uses and construction of facilities in or on
land surrounding the Wells, which may cause pollution to the water wells and
develop into a health and safety hazard for Plainview residents.
(c) Groundwater sources, the Wells, shall not be located where a pollution danger
exists from flooding or unsanitary surroundings, such as privies, sewage,
sewage treatment plants, livestock and animal pens, solid waste disposal sites
or underground petroleum and chemical storage tanks and liquid transmission
pipelines, or abandoned and improperly sealed wells.
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Sec. 13.07.003. Conflicts.
This Article is not intended to repeal, abrogate, or impair any existing easement,
covenants, or deed restriction. However, where this Article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever impose the more
stringent restrictions to ensure the safety of the City's public water system shall prevail.
Division 2. Definitions
Sec. 13.07.004. Definitions
Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
City — City of Plainview.
City Council — The City of Plainview's legislative body.
Improperly Constructed Water Wells -- Wells that do not meet the surface and
subsurface construction standards for a public water supply well.
Ordinance — The authoritative law or decree establishing rules and regulations
regarding sanitary and pollution control of the area in proximity to the City of
Plainview's water supply Wells.
Person — An individual, corporation, organization, government, business trust
partnership, association, or any other legal entity.
Privy — A facility for human excreta disposal.
Public Water Systems Supply— A source or reservoir of water distributed and used
for human consumption.
Sanitary — A condition of good order and cleanliness that precludes the probability
of disease transmission.
Septic Tank — A covered water tight tank designed for sewage treatment.
Wells -- The water wells the City of Plainview owns and operates, including
specifically the following Wells:
#4 at 1400 Baltimore
#6A at 200 Kokomo
#7A at 2100 Houston
#8 at 1600 Milwaukee
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#11 at 1508 Oakland
#12 at 3600 W. 16th
#13 at 1909 Jefferson
#14 at 700 Elm
#15 at 601 S.W. 3rd
#16 at 901 S.W. 3rd
#17 at 1101 S.W. 3rd
#18 at 4110 Highland Rd
#19 at 1910 E. 5th
#20 at 1400 W. 2"d
#22 at 1105 Smyth
Violation -- A breach of this Ordinance.
Division 3. Administration
Sec. 13.07.005. Health and Safety.
To ensure the City of Plainview's ground water wells and related facilities are
safe for Plainview residents, pollution hazards shall not occur, and upon such violation,
that person creating the danger shall be guilty of a criminal misdemeanor.
Sec. 13.08.006. Prohibited Activities.
Prohibited activities within designated real property areas surrounding the Wells
are as follows:
f 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 with 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
iniection 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
rrohibited within, upon, or across all areas of land within a 150 foot radius
of the Wells.
1)1 Construction and/or operation of tile or concrete sanitary sewers, sewer
appurtenances, septic tanks, storm sewers, and cemeteries is specifically
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prohibited within, upon, or across any area of real property within a 50 foot
radius of the Wells.
igl Home or building construction upon any area of real property within a 150
foot radius of the Wells is permitted, provided the restrictions described in
items (a) and (b) above are met.
fit Normal farming and ranching operations are not prohibited, provided that
livestock shall not be permitted within a 50 foot radius of the Wells.
Sec.13.07.007. Right of Entry.
Authorized City of Plainview employees, bearing appropriate credentials and
identification, shall be permitted to immediately enter any premises located within a 150
foot radius of any Well to conduct any inspection or observation necessary to enforce
compliance with this Ordinance.
Sec. 13.07.008. Penalty.
Each violation under this Article is a misdemeanor offense punishable upon
conviction by a fine in accordance with City of Plainview Code of Ordinances at Section
1.01.009(b). Each day shall constitute a separate offense.
Sec. 13.07.009. Removal.
Any person violating any provision of this Ordinance shall remove prohibited
construction or potential sources of contamination within thirty (30) dans after notification
of such violation.
Sec. 13.07.010. Conflict of Laws.
Nothing in this Article shall be construed to conflict with any state or federal law
and shall be in addition to any rights granted thereby.
SECTION 2. Severability.
In the event any clause, phrase, provision, sentence or part of this Ordinance or
the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional. The City Council of the City of
Plainview, Texas declares that it would have passed each and every part of the same
notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or
whether there be one or more parts.
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SECTION 3. Cumulativeness.
Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting, regulating, or
goveming the subject matter herein.
SECTION 4. Conflicting Provisions.
All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict
herewith, are hereby amended to conform with the provisions hereof.
SECTION 5. Effective Date.
This Ordinance shall be effective immediately upon passage and publication as
provided for by law.
SECTION 6. Proper Notice and Meeting.
It is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public, and that public notice of the time, place and purpose
of said meeting was given as required by the Open Meetings Act, Texas Govemment
Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas
Local Govemment Code.
PASSED AND APPROVED on first reading this 13th day of September, 2016.
PASSED AND APPROVED on second reading this 27th day of September, 2016.
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ATTEST:
/4:
Belinda Hinojosa, City Se tary
APPROVED AS TO CONTENT:
Tim Crosswhite, Public Works Director
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APPROVED AS TO FORM:
Leslie Spear ch idt, Cit Attorney
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