duval county gcd, atlee parr
TRANSCRIPT
Texas Alliance of Groundwater DistrictsFall Quarterly Meeting
October 29, 2014Caesar Kleberg Wildlife Center
Kingsville, TX
225 East Railroad AvenueP.O. Box 506
Benavides, Texas 78341
(361)256-3589Cell:(361)701-8882Fax:(361)256-3592
General Manager: Luis “Louie” PenaAdministrative Assistant: Carolina Casas
Board of Directors:President: Atlee M. Parr
Vice President: J.M. RodriguezSecretary: Roberto Garcia
Treasurer: Elda FloresBoard Member: Leonel Garza
2014 Well Plugging Program
What are the hazards associated with abandoned wells?
• Personal Safety• Personal Liability • Groundwater Contamination
Personal Safety The hazard to personal safety that an unmarked and uncovered large diameter well presents is obvious to anyone who has ever encountered one. Accidents in which people or animals fall into abandoned wells have occurred, and they continue to occur.
Personal LiabilityTexas family plagued with ailments gets $3M in 1st-of-its-kind fracking judgment
“Baby Jessica” rescued from water well in 1987.
Groundwater Contamination An abandoned well is a direct conduit from the surface to the aquifer below. Contaminants that enter the well are introduced directly into the aquifer with no opportunity for natural filtration by soils or geologic materials. If a contamination incident involves a concentrated chemical, the potential for reaching health-threatening levels in the underlying aquifer is high. Just a small amount of some chemicals can contaminate millions of gallons of groundwater and spread out under many acres of land.
When is a well considered abandoned?According to state law, a well is considered abandoned if it has not been used for six consecutive months. However, even a well that has not been used for six consecutive months can be considered in use if it falls into one of the following two categories.
• A non-deteriorated well that contains the casing, pump, and pump column in good condition.
• A non-deteriorated well that has been capped.
Examples of Abandoned Wells
What are my options if I have an abandoned well?
There are three different courses of action that can be taken to eliminate the hazards of an abandoned well. • Return the well to an operable state by making sure the
casing, pump, and pump column are in good condition.• Cap the well to prevent surface water or contaminants from
entering it. The cap must be able to support 400 lbs. and prevent easy removal by hand.
• Plug the well from the bottom to the top with bentonite chips, bentonite grout, or cement. Large-diameter wells can also be filled with clay based soils, compacted clay, or caliche.
Who Should do the Work to Plug Abandoned Wells?
Licensed Well Drillers • This is recommended because a well contractor has
the equipment needed for the job and an understanding of local soil conditions that effect how the well should be properly plugged.
2014 Water Well
Testing Program
What to test for in your well?Several water quality indicators (WQIs) and contaminants that should be tested for in your water. A WQI test is a test that measures the presence and amount of certain germs in water. In most cases, the presence of WQIs is not the cause of sickness; however, they are easy to test for and their presence may indicate the presence of sewage and other disease-causing germs from human and/or animal feces.
When to have your well tested?At a minimum, check your well every spring to make sure there are no mechanical problems; test it once each year for a total coliform bacteria, nitrates, total dissolved solids, and pH levels. Also if you suspect other contaminants, you should test for those as well. You should also have your well tested if:• There are known problems with well water in your area• You have experienced problems near your well(i.e,
flooding, land disturbances, and nearby waste disposal sites.
• You replace or repair any part of your well system • You notice a change in water quality(i.e taste, color,
odor
Examples of Water Quality Indicators:
1. Total Coliforms2. Fecal Coliforms/ Escherichia coli (E. coli)3. pH
Examples of Contaminants1. Nitrate2. Volatile Organic Compounds
(VOCs)
Who should test your well?Test America in conjunction with the Duval County GCD will test for:• (TDS) Solids, Total Dissolved. • Metals (ICP) Arsenic, Barium, Iron, Manganese, Selenium
Strontium, Calcium, Potassium, Magnesium, Sodium. • Anions, Ion Chromatography. • Bromide, Chloride, and Sulfate.• Alkalinity • Total Alkalinity as CaCO3 , Bicarbonate Alkalinity as CaCO3,
Carbonate Alkalinity as CaCO3
• Conductivity, Specific Conductance • Specific Conductance
(Continued)• Texas- Total petroleum hydrocarbon• C6-C12• Over C12-C28• Over C28-C35• Total Petroleum hydrocarbons (C6-C35)• Dissolved Gasses (GC) • Ethane, Methane, Propane• Nitrates, total coliforms, fecal coliform, volatile organic
compounds and pH.
ENFORCEMENT
TEXAS HEALTH AND SAFETY CODETITLE 5. SANITATION AND ENVIRONMENTAL QUALITYSUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER
CHAPTER 365. LITTERSUBCHAPTER A. GENERAL
PROVISIONSSec. 365.001. SHORT TITLE.
This chapter may be cited as the Texas Litter Abatement Act.
• Sec. 365.005. VENUE AND RECOVERY OF COSTS. (a) Venue for the prosecution of a criminal offense under Subchapter B or Section 365.032 or 365.033 or for a suit for injunctive relief under any of those provisions is in the county in which the defendant resides, in the county in which the offense or the violation occurs, or in Travis County.
• (b) If the attorney general or a local government brings a suit for injunctive relief under Subchapter B or Section 365.032 or 365.033, a prevailing party may recover its reasonable attorney fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
• Sec. 365.012. ILLEGAL DUMPING; DISCARDING LIGHTED MATERIALS; CRIMINAL PENALTIES. (a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state.
• Class C misdemeanor if weighs five pounds or less or has a volume of five gallons or less.
• Misdemeanor if weighs less than 500 pounds or has a volume of less than 100 cubic feet and is punishable by:
• (1) a fine not to exceed $500;• (2) confinement in jail for a term not to
exceed 30 days; or• (3) both such fine and confinement
• Class B misdemeanor IF weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet.
• Class A misdemeanor if:• (1) the litter or other solid waste to which the offense applies
weighs 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet; or
• (2) the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet.
• state jail felony if the litter or solid waste to which the offense applies:
• (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more;
• (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or
• (3) is contained in a closed barrel or drum.
• If it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, the punishment for the offense is increased to the punishment for the next highest category.
• On conviction for an offense under this section, the court shall provide to the defendant written notice that a subsequent conviction for an offense under this section may result in the forfeiture under Chapter 59, Code of Criminal Procedure, of the vehicle used by the defendant in committing the offense.
• (j) The offenses prescribed by this section include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle.
• This section DOES NOT APPLY to the temporary storage for future disposal of litter or other solid waste by a person on land owned by that person, OR by that person's agent. The commission by rule shall regulate temporary storage for future disposal of litter or other solid waste by a person on land owned by the person or the person's agent.
• (l) This section does not apply to an individual's disposal of litter or other solid waste if:
• (1) the litter or waste is generated on land the individual owns;• (2) the litter or waste is not generated as a result of an activity
related to a commercial purpose;• (3) the disposal occurs on land the individual owns; and• (4) the disposal is not for a commercial purpose.
• Sec. 365.014. APPLICATION OF SUBCHAPTER; DEFENSES; PRESUMPTIONS. (a) This
subchapter does not apply to farmers:• (1) in handling anything necessary to grow, handle, and care for livestock; or• (2) in erecting, operating, and maintaining improvements necessary to handle, thresh, and
prepare agricultural products or for conservation projects.• (b) A person who dumps more than five pounds or 13 gallons of litter or other solid waste
from a commercial vehicle in violation of this subchapter is presumed to be dumping the litter or other solid waste for a commercial purpose.
• (c) It is an affirmative defense to prosecution under Section 365.012 that:• (1) the storage, processing, or disposal took place on land owned or leased by the
defendant;• (2) the defendant received the litter or other solid waste from another person;• (3) the defendant, after exercising due diligence, did not know and reasonably could not
have known that litter or other solid waste was involved; and• (4) the defendant did not receive, directly or indirectly, compensation for the receipt,
storage, processing, or treatment.
• Sec. 365.015. INJUNCTION; VENUE; RECOVERY OF COSTS. (a) A district attorney, a county attorney, or the attorney general may bring a civil suit for an injunction to prevent or restrain a violation of this subchapter. A person affected or to be affected by a violation is entitled to seek injunctive relief to enjoin the violation.
• (b) Venue for a prosecution of a criminal offense under this subchapter or for a civil suit for injunctive relief under this subchapter is in the county in which the defendant resides, the county in which the offense or violation occurred, or in Travis County.
• (c) In a suit for relief under this section, the prevailing party may recover its reasonable attorney fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
• Sec. 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES. (a) The commissioners court of a county may adopt regulations to control the disposal of litter and the removal of illegally dumped litter from private property in unincorporated areas of that county. The commissioners court may not adopt regulations under this section concerning the disposal of recyclable materials as defined in Chapter 361 of the Health and Safety Code.
•Contact Us• •Duval County Groundwater Conservation DistrictP.O. Box 506Benavides, Texas 78341•District Employees•General Manager: Luis "Louie" Pena•Administrative Assistant: Carolina CasasTelephone: 361-256-3589•Cell: 361-701-8882Fax: 361-256-3592Email: [email protected] or [email protected]
Thank You, and Please Remember to Conserve our Water, it is Invaluable.