The town 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 Texas Health and Safety Code (THSC) and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in this article.
(1999 Code, sec. 11.401)
This article and the rules established hereby shall apply to all the area lying within the incorporated limits of the town.
(1999 Code, sec. 11.402)
Any permit issued for an on-site sewage facility within the jurisdictional area of the town must comply with the rules adopted in this article.
(1999 Code, sec. 11.403)
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 future amendments and revisions thereto are incorporated by reference and are thus made a part of these rules. All officials and employees of the town having duties under said rules are authorized to perform such duties as are required of them under said rules.
(1999 Code, sec. 11.404)
The town, 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 town:
(1) 
Lot size.
The minimum lot size for subdivisions and/or parcels of land requiring the use of on-site sewage facilities for residential development utilizing a central water supply system shall be at least one (1) acre of usable land outside of any easements and right-of-way dedications for each individual residence. The minimum lot size for subdivisions and/or parcels of land requiring the use of on-site sewage facilities for residential development utilizing private individual wells shall be at least two (2) acres of usable land outside of any easements and rights-of-way dedications for each individual residence.
(2) 
Permits.
All new on-site sewage facilities within the jurisdictional area of the town shall be permitted regardless of lot size.
(3) 
Maintenance.
Unless specifically exempt from such requirement by virtue of section 285.91(12) of title 30, Texas Administrative Code, owners of on-site sewage facilities within the jurisdictional area of the town shall have a valid maintenance contract from a licensed OSSF maintenance provider, or, if the owner wishes to maintain the system on their property, the owner shall attend training from the system manufacturer or installer for the purpose of maintaining the system. In addition, the owner having completed such training shall provide to the town a certificate of completion from the training facility. The following OSSF septic tank systems are exempt from testing and reporting: absorptive drainfield, ET drainfield (lined-unlined), pumped drainfield, leaching chamber, gravelless pipe, low pressure dosing, absorptive mounds and soil substitution.
(4) 
Self-maintenance.
Unless specifically exempt from such requirements by virtue of section 285.3(f)(2) of title 30 Texas Administrative Code, owners providing self-maintenance shall pay an annual fee as shown in the fee schedule, shall have appropriate tools for maintaining an OSSF, and shall submit a quarterly report to the town in the form prescribed by the town. All systems maintained by the homeowner shall be subject to on-site inspections(s) of the on-site sewage facility for compliance no less than twice annually by the designated representative for the town. The following OSSF septic tank systems are exempt from testing and reporting: absorptive drainfield, ET drainfield (lined-unlined), pumped drainfield, leaching chamber, gravelless pipe, low pressure dosing, absorptive mounds and soil substitution.
(5) 
Minimum setback for surface application.
The minimum setback for a surface application (edge of spray area) shall be as shown in 30 TAC, section 285.91, table 10.
(1999 Code, sec. 11.405)
All fees collected for permits and/or inspections shall be made payable to the town. A fee of $10.00 will also be collected for each on-site sewage facility permit to be paid to the credit of the TCEQ water resources management account as required by the THSC, chapter 367.
(1999 Code, sec. 11.407)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the town council.
(1999 Code, sec. 11.408)
(a) 
The town clearly understands that, at a minimum, it must follow the requirements in 30 TAC, section 285.71 (authorized agent enforcement of OSSFs).
(b) 
This article adopts and incorporates all applicable provisions related to on-site sewage facilities, which includes, but is not limited to, those found in chapters 341 and 366 of the THSC, chapters 7, 26, and 37 of the TWC and 30 TAC chapter 30, subchapters A and G, and chapter 285.
(1999 Code, sec. 11.409)