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HomeMy WebLinkAbout2015-0915 Establishing Rules and Regulations regarding SanitationTROPHY CLUB MUNICIPAL UTILITY DISTRICT N0.1 ORDER NO. 2015-0915 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1, ESTABLISHING RULES AND REGULATIONS REGARDING SANITATION AND POLLUTION CONTROL OF THE AREAS IN PROXIMITY TO THE DISTRICT PUBLIC WATER SUPPLY WELLS. WHEREAS, Trophy Club Municipal Utility District No. I (the "District"), owns and operates water supply facilities within the District, including four (4) potable water wells and related facilities (the "Wells"), which provide potable water to the residents of the District; and WHEREAS, because maintenance of sanitary conditions around such Wells is vital to the protection ofthe Wells and to the protection of the health and safety of the residents of the District, the Board of Directors deems it necessary and proper to establish rules and regulations governing the control of sanitary conditions around the Wells; and WHEREAS, there is a need to set forth uniform requirements for the users and the construction of facilities in or on land within one hundred fifty feet (150') of the Wells in order to promote sanitary conditions in and around such Wells, to secure all such land from pollution hazards, and to enable the District to comply with all applicable state and local regulations; NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: Section 1. Purpose. This Order is to prevent certain uses and the construction of facilities in or on land surrounding the Wells, which might create a danger of pollution to the water produced from such Wells and to protect the water supply of the wells by means of sanitary control. Section 2. Definitions. Unless the context requires otherwise, the following terms and phrases, as used in this Order, shall have the meanings hereinafter designated: A. Board of Directors shall mean the Board of Directors of the Trophy Club Municipal Utility District No. 1. B. District shall mean the Trophy Club Municipal Utility District No. 1. C. Order shall mean this Order Establishing Rules and Regulations Regarding Sanitary and Pollution Control of the Area in Proximity to the District's Public Water Supply Wells. D. Person shall mean any individual, partnership, co-partnership, firm, company, Corporation, association, joint stock: company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents, successors, or assigns. E. Wells shall mean the water wells owned and operated by the District, which are more specifically identified and described in Exhibit "A" attached hereto and made a part hereof. Section 3. Prohibited Activities. The following activities are prohibited within the designated areas ofland surrounding the Wells: A. 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, sewage treatment drain fields, drainage ditch which contains industrial waste discharges or tile 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 injection 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 prohibited within, upon, or across all areas of land within a 150-foot radius ofthe Wells. For the purposes of this Order, "improperly constructed water wells" are those wells that do not meet the surface and subsurface construction standards for a public water supply well. B. Construction and/or operation of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within, upon, or across any area of land within a 50-foot radius of the Wells. C. Construction of homes or building upon any area ofland within a !50-foot radius ofthe Wells is permitted, provided the restrictions described in items A and B above are met. D. Normal farming and ranching operations are not prohibited by this Order; provided, however, livestock shall not be allowed within a 50-foot radius of the Wells. Section 4. Right of Entry. District employees, or authorized representatives of the District, bearing proper credentials and identification, shall be permitted to immediately enter upon any premises located within a 150-foot radius of any Well to conduct any inspection or observation necessary to enforce this Order. Section 5. Penalty. Any person who shall violate any provision of this Order shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $1 ,000.00. Each day of violation shall constitute a separate offense. Section 6. Required Removal. Any person who shall violate any provision of this Order shall be required to remove the prohibited construction or potential source of contamination within 30 days after notification that they are in violation of this Order. Section 7. Superseding Regulation or Statute. Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of this Order, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise. Section 8. Severability. In the event any clause phrase, provision, sentence, or part of this Order 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 Order as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and Trophy Club Municipal Utility District No. 1, Board of Directors declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED, APPROVED, AND ADOPTED on the 25 1h day of September 2015. Kevin R. Carr, Secretary/Treasurer Board of Directors EXHIBIT A LOCATION OF WELLS CLUB MUNICIPAL UTILITY DISTRICT NO. 1 Well No. 1 -1 00 Municipal Drive ,-,,.--, Well No. 2 -8 Crooked Creek Ct. Well No. 3 -1 00 Municipal Drive Well No.4-Hwy 114@ Trophy Lake Drive \1 \\ '\ .. j / I CORrs Of ENG!<JEERS T:\HR/o.NT COL