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)
The rules adopted by this article shall apply to all of the
incorporated area of the city.
(2002 Code, sec. 13.202)
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)
All fees collected for permits and/or inspections shall be made
payable to the city.
(2002 Code, sec. 13.205)
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)