The city clearly understands that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, and will fully enforce chapter 366 of the THSC and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in section 12.04.004 of this article.
(Ordinance 2010-04-152, sec. 5,
adopted 5/18/10)
The rules shall apply to all the area lying within the incorporated
limits of the city.
(Ordinance 2010-04-152, sec. 6,
adopted 5/18/10)
Any permit issued for an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in section 12.04.004 of this article.
(Ordinance 2010-04-152, sec. 7,
adopted 5/18/10)
The rules, title 30 Texas Administrative Code (TAC) chapter 30, subchapters A and G, and chapter 285, promulgated by the TCEQ for on-site sewage facilities are hereby adopted, and all officials and employees of the city having duties under said rules are authorized to perform such duties as are required of them under said rules.
(Ordinance 2010-04-152, sec. 8,
adopted 5/18/10)
The rules, 30 TAC chapter 30, subchapters A and G, and chapter 285, and all future amendments and revisions thereto are incorporated by reference and are thus made a part of this article.
(Ordinance 2010-04-152, sec. 9,
adopted 5/18/10)
The city, wishing to adopt more stringent rules for its OSSF
ordinance, understands that the more stringent local rule shall take
precedence over the corresponding TCEQ requirement. Listed below are
the more stringent rules adopted by the city:
(a)
Permit requirement.
All on-site sewage facilities installed
in the city must be permitted.
(b)
Maintenance requirements.
Any on-site sewage disposal
system using aerobic treatment and advanced treatment shall have a
maintenance contract on that system. All contracted maintenance of
an on-site sewage facility using aerobic treatment and advanced treatment
shall be conducted by a TCEQ registered maintenance provider. There
shall be no homeowner/property owner maintenance of an on-site sewage
disposal system using aerobic treatment and advanced treatment unless
the property owner/homeowner is certified by the manufacturer of that
system or is an OSSF licensed maintenance provider who has been certified
by the manufacturer for their system. Testing and reporting requirements
specified in title 30, TAC, section 285.7 shall be in effect.
(Ordinance 2010-04-152, sec. 10,
adopted 5/18/10)
The OSSF designated representative (DR) (30 TAC section 285.2(17))
of the city must be certified by the TCEQ before assuming the duties
and responsibilities.
(Ordinance 2010-04-152, sec. 11,
adopted 5/18/10)
All fees collected for permits and/or inspections shall be made payable to the city. A fee of $10.00 will also be collected for each on-site sewage facility permit to be paid to the on-site wastewater treatment research council as required by the THSC, chapter 367.
(Ordinance 2010-04-152, sec. 12,
adopted 5/18/10)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city council.
(Ordinance 2010-04-152, sec. 13,
adopted 5/18/10)
(a)
The city clearly understands that, at a minimum, it must follow the
requirements in 30 TAC section 285.71 (Authorized Agent Enforcement
of OSSFs).
(Ordinance 2010-04-152, sec. 14,
adopted 5/18/10)
(a)
If the city council decides that it no longer wishes to regulate
on-site sewage facilities in its area of jurisdiction, the city council,
as the authorized agent, and the TCEQ shall follow the procedures
outlined in 30 TAC section 285.10(d)(1) through (4).
(b)
After relinquishing its OSSF authority, the authorized agent understands
that it may be subject to charge-back fees in accordance with 30 TAC
section 285.10(d)(5) and section 285.14 after the date that delegation
has been relinquished.
(Ordinance 2010-04-152, sec. 16,
adopted 5/18/10)
