The city clearly understands the technical standards, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, and does adopt and will fully enforce chapter 366 of the Texas Health and Safety Code and chapters 7 and 37 of the Texas Water Code and title 30 Texas Adm. Code sections 285.1-285.91.
(2002 Code, sec. 13.201)
Where a public sanitary sewer is not available, any structure discharging sewage into an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in section 20.03.004 of this article.
(2002 Code, sec. 13.203)
(a) 
The on-site sewage facilities rules adopted and effective by the TCEQ are adopted by the city. Whenever the rules are amended, republished, etc., by the TCEQ, the current rules are automatically adopted by the city.
(b) 
The building official of the city is herewith declared the designated representative for the enforcement of these rules within its jurisdictional area. The designated representative shall have the following duties and concomitant powers:
(1) 
To enforce these rules and to make appropriate recommendations to proper city officials when instances of noncompliance with these rules have been determined.
(2) 
To make statutorily mandated inspections of proposed, new and existing on-site sewage facilities.
(3) 
To collect fees set by the authorized agent as necessary to recover the reasonable costs incurred in meeting the requirements of these rules.
(4) 
To make semiannual reports to the authorized agent on all actions, including legal actions, taken concerning these rules.
(5) 
To perform all other duties necessary to meet the requirements of these rules.
(2002 Code, sec. 13.204)
(a) 
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(1) 
The applicant or registered installer shall notify the designated representative that an inspection is desired at least five (5) working days prior to the need for inspection.
(2) 
The applicant or registered installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(3) 
The applicant or registered installer must be present at the time of the inspection for that facility.
(b) 
Any person owning or controlling the property upon which a sewage treatment and disposal system is installed shall be responsible for the following system maintenance:
(1) 
Sewage treatment and disposal systems shall be maintained at all times to prevent seepage or discharge of sewage or effluent to the surface of the ground or to surface waters.
(2) 
Sewage treatment and disposal systems shall be checked, and the contents of the septic tank removed, periodically to ensure proper operation of the system.
(3) 
All mechanical components shall be maintained functional at all times.
(c) 
Maintenance contracts shall be required for the following systems:
(1) 
All systems utilizing pumps or siphons (such as surface irrigation and low pressure dosing systems);
(2) 
Filtration systems;
(3) 
Aerobic treatment units;
(4) 
Drip emitter systems; and
(5) 
Any other systems as required by the authorized agent.
(d) 
A contract shall be executed between the system owner and a maintenance company prior to the issuance of a license to operate. The contract shall include:
(1) 
Specific requirements for maintenance and operations;
(2) 
Responsibilities of the owner and system operator; and
(3) 
Provisions that the contract shall be in effect for as long as the system is used, and other requirements for continued proper performance of the system.
(e) 
Maintenance of the on-site system shall be performed by the maintenance company at the frequency for that particular system. The maintenance company shall report the results of their findings to the designated representative at the specified reporting frequency or whenever an inspection is necessary. When the maintenance findings indicate the need for a system repair, the maintenance company shall notify the designated representative within forty-eight (48) hours in order to obtain a permit.
(1) 
The maintenance company shall be responsible for assuring routine maintenance procedures in accordance with the condition of the license to operate and the contract.
(2) 
The designated representative shall routinely review the performance and operation reports submitted by the maintenance company and shall perform an on-site inspection of that system if there is reason to believe that the submitted report is in error or fraudulent.
(2002 Code, sec. 13.206)
Persons aggrieved by an action or decision of the designated representative may appeal such action to the city council.
(2002 Code, sec. 13.207)
The designated representative may routinely inspect on-site sewage facilities to assure continued compliance with these rules. The designated representative shall inspect any on-site system that is believed to be causing pollution, a threat to the public health, or nuisance conditions, or [operated] illegally or to be altered without complying with these rules based on a creditable complaint or other information available, and may inspect any new on-site sewage facility should the conditions existing at the time of licensing be found to have changed. If, upon inspection, it is found that pollution, a treat to public health, or nuisance condition is occurring, or an unpermitted installation or alteration was performed, the owner of the on-site sewage facility will be notified in writing and [the notice shall] include what problems must be remedied in order to achieve compliance, and set a reasonable amount of time to achieve compliance. The on-site sewage facility shall be reinspected at the expiration of the allotted time.
(1) 
If the facility is found to be compliant, a license therefor may be issued or the existing license may be modified.
(2) 
If the facility is found to be noncompliant, appropriate enforcement shall be taken.
(2002 Code, sec. 13.208)
The city adopts the criminal penalties provision as set forth in section 366.091 of the Texas Health and Safety Code and/or any other such penalties that may be provided by state law. Each day of a continuing violation is a separate offense and is punishable as such. The penalty becomes effective upon filing the complaint in municipal court. Each day the violation occurs must be filed in municipal court as a separate offense.
(2002 Code, sec. 13.209)
An emergency repair to an on-site sewage facility without a permit is not an offense under these rules if the following procedures are carried out:
(1) 
The repair is made for the purpose of abatement of an immediate, dangerous and serious health hazard;
(2) 
Said repair does meet minimum state construction standards;
(3) 
Said repair does not constitute an alteration of the on-site system;
(4) 
Notification of such repair, including a detailed description of the method and materials used in said repair, is made to the authorized agent within forty-eight (48) hours of the date of the repair; and
(5) 
Said repair must be inspected for compliance with the state’s construction standards.
(2002 Code, sec. 13.210)