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OR 93-632 Regulation of water wells ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 93632 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADDING ARTICLE 9-15, REGULATION OF WATER WELLS, PROVIDING FOR THE REGULATION OF WATER WELLS; PROVIDING DEFINITIONS; PROVIDING CRITERIA FOR CHEMICAL AND BACTERIOLOGICAL LEVELS; ESTABLISHING CONSTRUCTION METHODS FOR NEW WATER WELLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, after full consideration, finds it necessary and appropriate to regulate the distribution of water from water wells, to provide and to enforce standards for disinfection and monitoring of public and private water supplies, and to protect the health, safety and welfare of those served; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9 of the Code of Ordinances of the City of Coppell be, and is hereby, amended, in part, by adding Article 9-15, Regulation of Water Wells, to read as follows, to-wit: "ARTICLE 9-15 REGULATION OF WATER WELLS Sec. 9-15-1 DEFINITIONS Check Sample: A sample collected for bacterial analysis following a positive monthly bacterial sample as per Texas Natural Resource Conservation Commission Regulations. Chlorine: An element utilized for disinfection of potable water, -1- which is a greenish-yellow gas at room temperature, has a very pungent odor, is highly corrosive when mixed with even a small amount of water and is very toxic. A gaseous chemical element No. 17, symbol C1. Coilform Test: Laboratory analysis to quantify the presence of bacteria of intestinal origin in a sample of water; used as an indication of contamination. Contamination: The presence of any foreign substances (organic, inorganic, radiological or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water. Disinfection: Removal of dangerous bacteria present in water by use of chlorination or other recognized methods. Drinking Water: All water distributed by any agency or individual, public or private, for the purpose of human consumption, which may be used in the preparation of foods or beverages, for the cleaning of any utensil or article used in the course of preparation or consumption of food or beverages for human beings. The term "drinking water" shall also include all water supplied for human corksumption or used by an establishment catering to the public as defined by the Texas Natural Resource Conservation Commission. Individual: Any person served by a water system at his residence or place of business. Irrigation Well: A private water well constructed for the purpose of supplying water to grass, landscape, trees, etc. In this article, an irrigation well will be referred to as a Private Water Supply unless otherwise noted. Lead Free: Solders and flux containing not more than 0.2 percent lead, and pipes and pipe fittings containing no more than 8.0 percent lead. Maximum Contaminant Level: The maximum permissible level of a contaminant in water which is delivered to any user of a public or private water system. Private Water Supply: A system for the delivery of water from a ground water source not considered to be a public water system by the -2- City of Coppell or the Texas Natural Resource Conservation Commission. This shall include a water well serving a single family dwelling, or a multi-family dwelling that do not meet the requirements for a Public Water Supply. Also included are domestic, industrial, injection, and irrigation wells used solely for the purpose of irrigation and/or human consumption. Public Water System: A means of supply for the distribution of water from a ground water source for human consumption if such a system has the potential for at least fifteen (15) service connections or serve at least twenty five (25) individuals at least sixty (60) days out of the year. This shall not include a ground water source serving a single residence or used solely for agricultural or industrial purposes. Service Connection: A pipeline with its appurtenances that branches off or connects a water main with premises and is lead-free when used for human or animal consumption. Shall be counted as one for each one-family residential unit, each unit of a multi-family complex, lease space, commercial establishment, manufacturing facility, hospital, hotel, mobile home, or travel trailer connection. Service Line: A pipeline connecting the city's water supply to a customer service line. Sec. 9-15-2 GENERAL REQUIREMENTS This article shall apply to all Private Water Supply and Public Water Systems as defined herein, within the City of Coppell, excluding surface water processes and all water distribution processes owned or operated by the City. A. No district, municipality, firm, corporation or individual shall furnish to the public any drinking water unless the production, processing, treatment and distribution is at all times under the supervision of a competent water works operator holding a valid certificate of competency issued under direction of the Texas Natural Resource Conservation Commission. B. Minimum water quality requirements for public water systems shall be in accordance with the most recently published and recognized standards established by the Texas Natural Resource Conservation Commission. C. Bacteriological analysis shall only be performed by laboratories -3- approved by the Texas Natural Resource Conservation Commission. D. Authorized employees of the City may take water samples from any public or private water supply for the purpose of assessing its purity. All test(s) shall be conducted at the expense of the owner. E. Any person, business, or organization within the city limits of the City of Coppell that has a private or public well shall be required to allow access to the well by an authorized agent of the City for inspection purposes whenever the business, organization, or well has ceased to operate for a period of thirty (30) days or longer or if there is a change of ownership. The well at that time shall comply with all City ordinances and State laws regulating wells before the well can be put back in service. If said well does not comply with City ordinances and State laws, the establishment shall not be allowed to serve the public until the well passes inspection. If the well is out of service for an extended period of time, the City may require the facility to be closed according to the rules of the Texas Natural Resource Conservation Commission, as amended. Sec. 9-15-3 BACTERIOLOGICAL ANALYSIS A. Each public water system shall collect a minimum of one sample for bacteriological analysis per month. The samples shall be collected by properly trained, qualified personnel. An additional monthly analysis program may be established by the City Environmental Health Division and/or as required by the Texas Natural Resource Conservation Commission. B. Depending upon the number of connections in the system, samples may be taken at different locations in the system. C. The total coliform test shall be considered positive when any amount of coliform bacteria is found to be present. D. If the result of a monthly sample is positive, the owner of the water supply shall: 1. Within twelve (12) hours of being notified of the results, report to the City of Coppell Environmental Health DMsion that a positive coliform test result has been -4- obtained; and 2. Follow the guidelines set forth by the Texas Natural Resource Conservation Commission related to the collection and analysis of bacteriological samples; and 3. Provide all follow-up analysis results to the City Environmental Health Division until compliance has been obtained. Sec. 9-15-4 CHEMICAL ANALYSIS A. Prior to acceptance and permitting of all public systems by the City, the well shall be tested for the following constituents: Arsenic Barium Cadmium Chromium Lead Mercury Nitrate (as N) Selenium Silver Fluoride Endrin Lindane Methoxychlor Toxaphene 2,4-D (a Herbicide) 2,4,5-TP (Silvex, a Herbicide) B. The City of Coppell's parameters for Maximum Contaminant Levels shall be those most recently established by the Texas Natural Resource Conservation Commission and the U. S. Environmental Protection Agency. C. With the exception of nitrate, should the level of any constituent tested exceed the Maximum Contaminant Level, an additional sample shall be tested for the parameter. If the result is in excess of the Maximum Contaminant Level, the water supply system shall not be permitted until treatment for, or removal of such contaminants achieves a safe level. A chemical analysis of all parameters shall be performed at a -5- minimum of one (1) time per year, or, as deemed necessary by the City Environmental Health Division. This analysis shall be performed at the expense of the owner. D. When the concentration of nitrates exceed the Maximum Contaminant Level, a second analysis shall be initiated within twenty-four (24) hours of receipt of the laboratory results. If the average of these two (2) analyses exceeds the Maximum Contaminant Level, the water supply system shall not be permitted until concentration is reduced to an acceptable level. E. Following initiation of a suitable treatment for chemical contamination, a minimum of two (2) samples shall be analyzed for contaminants which exceeded the Maximum Contaminant Level. The two (2) samples shall be collected on consecutive days and the resulting concentrations shall not exceed the Maximum Contaminant Level in either sample. F. Analysis shall be performed on treated water as furnished to the customer. G. All samples shall be taken from a point after all treatment has been performed and prior to the first user connection. Sec. 9-15-5 DISINFECTION A. All water wells which meet the criteria for a public water system under this article shall be required to chlorinate the water supplied. In all instances, chlorination shall be accomplished prior to water storage reservoirs. Sufficient chlorine dosage shall be applied to satisfy the chlorine demand and leave a free chlorine residual of at least 0.2 mg/1 at the end of the distribution line. B. Chlorine residual shall be measured a minimum of one time per month at various locations in the distribution system using an approved testing method. Measurement of chlorine residual may be required more often by Coppell's Environmental Health Division. Records of chlorine residual shall be kept on hand for a period of three (3) years, by the owner and made available during inspection of the well site. C. Scales, charts, or other equipment that is approved by Coppell's Environmental Health Division shall be provided for -6- determining the amount of chlorine used daily, as well as the amount of chlorine remaining for use. D. When used, solutions of calcium hypochlorite shall be prepared in a separate mixing tank, then diluted and allowed to settle so that only a clear supernatant liquid is provided in the solution suction tank for the hypochlorinator. E. Gas chlorination equipment and chlorine cylinder shall be separated from mechanical and electrical equipment by a impervious wall or partition. Adequate floor level ventilation shall be provided for all enclosures in which chlorine is being fed or stored. Installations shall meet all applicable local, state and federal requirements. F. Chlorination equipment shall be properly maintained and regularly inspected by the owner. All connections shall be checked for leaks at frequent intervals. G. Disinfection methods other than chlorination shall not be acceptable to the City Environmental Health Division, unless approved by the Texas Natural Resource Conservation Commission and written documentation of such is provided to verify approval upon request. Sec. 9-15-6 SANITARY PROTECTION OF WELLS A. All wells, diked or operating, shall be located to prevent contamination from flooding or unsanitary or hazardous surroundings. B. Public well sites shall not be located: 1. Within fifty (50) feet of a tile or concrete sanitary sewer, sewerage appurtenance, septic tank or storm sewer. Sanitary or storm sewers constructed of ductile iron or PV pipe meeting AWWA standards, having a minimum working pressure of one hundred fifty (150) psi or greater, and equipped with pressure type joints may be located at distances of less than fifty (50) feet from a proposed well site but in no case shall the distance be less than ten (10) feet. 2. Within one hundred and fifty (150) feet of a septic tank -7- open-jointed drain field, absorption bed, evapotranspiration bed or underground fuel storage tank. 3. Within three hundred (300) feet of a sewage well, sewage pumping station or a drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems. 4. Within five hundred (500) feet of a sewage treatment plant, animal feed lots, solid waste disposal site or lands irrigated with sewage plant effluent. 5. Within fifty (50) feet of livestock in pastures. C. A sanitary control easement shall extend for a distance of one hundred and fifty (150) feet in all directions from all public water systems and shall be secured from all such property owners and recorded in the deed records at the County Courthouse. The 'easement shall provide that none of the pollution hazards covered int he above written sections 1 - 5, or any other facility that might create a pollution source of the well water will be located or constructed within the one hundred and fifty (150) feet easement by the landowner and/or adjacent landowners. If such easement cannot be initially secured, the well cannot be approved. If this easement is not maintained throughout the life of the well, the use of such will be ordered to be discontinued, and the well properly capped and abandoned. D. Stock pens, stables, chicken yards, hog pens, and other sources of animal wastes shall not be permitted within five hundred (500) feet ;of the wellhead. E. Private water well sites shall not be located: 1. Within fifty (50) feet from any water-tight sewage and liquid waste collection facility. 2. Within one hundred and fifty (150) feet from any concentrated sources of contamination, such as existing or proposed livestock or poultry yards, privies, and septic system absorption fields. These distances may be decreased provided the total depth of cement slurry is increased by twice the horizontal reduction. In no case, -8- shall the distances established be less than fifty (50) feet. 3. Within an area subject to flooding; provided, however, that if a well shall be placed in a flood prone area, it shall be completed with a watertight sanitary seal and steel casing extending a minimum of twenty-four (24) inches above known flood level. Sec. 9-15-7 PUMPS A. Pumps shall be protected from sources of contamination. Suction lines shall not be laid throughout contaminated areas. B. For Public Water Supplies, check valves must be installed in the discharge line, preferably near the pump and in a location accessible for repair to prevent water following back through the pump when it is stopped. C. Installation and use of electric motors shall comply with the 1990 Uniform Electrical Code, as amended. Sec. 9-15-8 'firELL CONSTRUCTION All construction methods shall meet the requirements set forth in the Texas Natural Resource Conservation Commission's Water Well Drillers rules and Regulations, Chapter 338 of the Texas Administrative Code, and the Natural Resource Conservation Commission's Rules and Regulations for Public Water Systems, Chapter 290, as amended. Copies of these codes shall be made available through the Environmental Health Department of the City, and the Texas Natural Resource Conservation Commission. Sec. 9-15-9 DISTRIBUTION SYSTEM A. Water lines shall not be located within nine (9) feet of sanitary sewer lines and shall have at least two (2) feet vertical and four (4) feet horizontal separation, unless the sanitary sewer line is constructed of one hundred and fifty (150) psi pressure pipe. B. All materials used in waterline construction shall meet the American Water Works Administration (AWWA) standards. Any pipe, solder or flux used in any residential or non- residential waterline which supplies water shall meet all state and federal requirements regarding lead. C. In laying water lines the following sanitary precautions shall be taken: 1. Workers shall not use the ditch as a latrine; 2. Materials and tools shall be kept clean; 3. All ditches shall be kept dry while working in them, as to not allow accumulation of water in the bottom of the ditch; 4. All pipes shall be swabbed (if large enough to permit) before placing in ditch; 5. Ditch water shall not be permitted to enter the pipe; 6. Laid pipe shall not be left with an open end when leaving the job and shall be closed with a watertight plug; 7. After a section of the line has been completed, the line shall be sterilized with a dosage of fifty (50) mg/1 (AWWA C601-68) or more of chlorine for a period of not less than twenty-four (24) hours. A chlorine residual of twenty-five (25) mg/1 shall be present at the end of the retention period; 8. A flush line shall be used to expel chlorine water and the line shall be refilled with water from the water supply. A sample of this water shall be taken for bacteriological analysis; 9. The line shall not be placed in service until a sample of the water from this section is analyzed and reported as "no coliform organisms found". If the coliform test is positive, the chlorination and sample procedures shall be repealed; 10. Following repair of a line when it is necessary to return the repaired line to service as rapidly as possible, doses of chlorine may be increased to 500 mg/1 and the contact time reduced to one-half hour. -10- Section 9-15-10 WATER STORAGE A. For Public Water Supplies, ground level storage tanks shall be constructed of fiberglass, plastic, steel or concrete. They shall be covered and equipped with the proper vents, drains, overflow and manholes. Steel tanks shall be painted inside and out to protect them from corrosion. The inside surface of steel tanks shall be painted with an approved paint, or otherwise treated to protect the tank from corrosion and not impart tastes or otherwise affect the quality of the water. The outside surface may be painted with any non-corrosive paint to give protection. B. Vents and overflows shall be screened with non-corrosive No. 16-mesh or finer screen to prevent the entrance of birds or insects, or other types of contamination. The manhole shall be constructed with the rim extending four (4) inches or more above the tank cover. A tight cover shall be fitted over the rim and kept locked, to prevent rain drainage from entering the tank. C. All tanks shall be kept clean and free from leaks. If the tank is wholly or partially underground, it shall be located so as to avoid such sanitary hazards as flooded areas, sewer lines, cesspools, septic tank drain fields and animal lots. The tank cover shall be constructed to exclude sunlight, dust, birds, insects, and rainwater. D. Elevated storage tanks shall be kept painted with a non- corrosive grade of tank paint if necessary to protect the exterior of the tank. The design features and precautions necessary to protect elevated storage are the same as those for ground level storage above ground level as described in A and B above. Sec. 9-15-11 BACKFLOW PREVENTION A. Non-residential establishments supplied by a water well which also supplies drinking water to any other connection, shall be equipped with an approved backflow prevention device to prevent contamination of the water well. B. All water wells that are used for potable water as well as irrigation, shall be equipped with an approved backflow prevention device to prevent contamination of the water well. -11- C. Installation and design of backflow prevention devices shall meet the specifications and requirements set forth by the City of Coppell Water Utilities Department. The backflow prevention device shall be tested on an annual basis. D. Where private wells are to be used for potable water, rather than water from the City of Coppell's Water Distribution System, and a City service connection exists and has previously been used, an "air gap" of at least seven (7) inches shall be provided and maintained at all times at the service line. E. If a person wishes to connect to the City of Coppell's Water Distribution System, that had been previously supplied water from a water well, a City approved double check valve assembly shall be installed at the service line. Sec. 9-15-12 WELL ACCEPTANCE A. Wells for public use located in the City shall be permitted and accepted by the City of Coppell and, if applicable, the Texas Natural Resource Conservation Commission. If a Certificate of Occupancy (C.O.) is required for operation of an establishment which is to be served by a water well, all requirements under this article and the Texas Natural Resource Conservation Commission Regulations shall be met prior to issuance of a C.O. by the City for both old and new wells. B. Abandoned wells must be plugged to prevent contamination of ground water. The procedures and methods to be followed in plugging and sealing the wells shall be obtained from the Texas Natural Resource Conservation Commission (Chapter 338 of the Texas Administrative Code.) C. When a water well system ownership changes, a written notice of such a transaction must be provided to the City Environmental Health Division by the previous owner within ten (10) days of the date of the transaction. The notice must include the name of the old and the new owner, date of transaction, address of the new owner or responsible official, and any other information necessary to properly identify the transaction. The well must also be inspected and shall pass City and State ordinances and laws. -12- Sec. 9-15-13 FEES AND PERMITS A. All wells excavated within the City of Coppell shall be inspected, and, upon acceptance, be issued a permit from the City Environmental Health Division. B. All wells shall be reinspected on an annual basis and shall be re-permitted at such time. C. The annually renewable permit fee for private wells shall be established by resolution of the City Council from time to time with the exception of wells used for irrigation and agricultural purposes, in which case the renewal shall be at no cost. D. A construction permit fee shall be assessed for public wells. Upon completion and acceptance of public wells by all City Departments, a permit to operate will then be issued and must be renewed annually. The fee for public wells per year shall be established by resolution of the City Council from time to time. Sec. 9-15-14 RECORDS A. Copies of all analytical results shall be furnished to the City Environmental Health Division, including required chemical and bacteriological analysis. B. Records of bacteriological analyses shall be retained by the owner of the system for no less than five (5) years, records of chemical analyses shall be retained for no less than ten (10) years. C. Copies of well material setting data, geological log, sealing information (pressure cementing and surface protection), disinfection information, bacteriological sample results and a chemical analysis report of a representative sample of water from the well shall be kept on file, by the owner, for the life of the well. D. Records required by this article shall be available upon request for examination by a duly authorized employee of the City for the purpose of enforcing these regulations. E. All records of water systems shall be accessible to customers of -13- that system upon request." SECTION 2. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 3. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any person, firm, or corporation violating any of the terms or provisions of this ordinance of the Code of Ordinances of the City of Coppell shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas on the/7 ~' APPROVED: -14- ATTEST: ~\~S,~ ,~/,~- , ~, ~,z, F. A~'~ROV~D ~ TO ~0~: PGS/jd 02/S/93)