1. Texas Alliance of Groundwater Districts
Fall Quarterly Meeting
October 29, 2014
Caesar Kleberg Wildlife Center
Kingsville, TX

2. 225 East Railroad Avenue
P.O. Box 506
Benavides, Texas 78341
(361)256-3589
Cell:(361)701-8882
Fax:(361)256-3592

3. General Manager: Luis “Louie” Pena
Administrative Assistant: Carolina Casas
Board of Directors:
President: Atlee M. Parr
Vice President: J.M. Rodriguez
Secretary: Roberto Garcia
Treasurer: Elda Flores
Board Member: Leonel Garza

5. What are the hazards associated
with abandoned wells?
• Personal Safety
• Personal Liability
• Groundwater Contamination

6. 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.

9. Personal Liability
Texas family plagued with
ailments gets $3M in 1st-of-its-
kind fracking judgment
“Baby Jessica” rescued from
water well in 1987.

10. 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.

13. 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.

14. Examples of Abandoned Wells

15. 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.

18. 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.

21. 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.

22. 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

23. Examples of Water Quality
Indicators:
1. Total Coliforms
2. Fecal Coliforms/
Escherichia coli (E. coli)
3. pH

25. Examples of Contaminants
1. Nitrate
2. Volatile Organic Compounds
(VOCs)

27. 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

28. (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.

29. ENFORCEMENT
TEXAS HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER
CHAPTER 365. LITTER
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 365.001. SHORT TITLE.
This chapter may be cited as the
Texas Litter Abatement Act.

30. • 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.

31. • 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.

32. • 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

33. • 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.

34. • 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.

35. • 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.

36. • 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.

37. • 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.

38. • 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.

39. • 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.

40. E-mail:duvalgwdmngr@gmail.com
E-mail:duvalasst@gmail.com

41. •Contact Us
•
•Duval County Groundwater Conservation District
P.O. Box 506
Benavides, Texas 78341
•District Employees
•General Manager: Luis "Louie" Pena
•Administrative Assistant: Carolina Casas
Telephone: 361-256-3589
•Cell: 361-701-8882
Fax: 361-256-3592
Email: duvalgwdmngr@gmail.com or duvalgwdasst@gmail.com

42. Thank You, and Please
Remember to Conserve our
Water, it is Invaluable.