This article repeals and replaces any other on-site sewage facility
ordinance for the City of Lubbock, Texas.
(1983 Code, sec. 12-255(a); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
In addition to all applicable penalty provisions related to on-site sewage facilities, which include, but are not limited to, those found in chapters 341 and 366 of the Texas Health and Safety Code, chapters 7, 26, and 37 of the Texas Water Code and 30 TAC chapters 30 and 285, violation of any provision of this article shall be deemed a misdemeanor and subject to fines and penalties as provided in section 1.01.004 of the Code of Ordinances.
(1983 Code, sec. 12-255(k); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The City of Lubbock 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 (H&SC) and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in section 12.04.006 of this article.
(1983 Code, sec. 12-255(b); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The rules shall apply to all the area lying within the incorporated
limits of the City of Lubbock, Texas.
(1983 Code, sec. 12-255(c); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
Any permit issued for an on-site sewage facility within the jurisdictional area of the City of Lubbock must comply with the rules adopted in section 12.04.006 of this article.
(1983 Code, sec. 12-255(d); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The rules, Title 30 Texas Administrative Code (TAC), sections
285.1–285.91 and TAC 30, attached to Ordinance 2007-O0021 as
Appendix I, promulgated by the Texas Commission on Environmental Quality
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.
(1983 Code, sec. 12-255(e); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The rules, 30 TAC chapters 30 and 285, and all future amendments and revisions thereto are incorporated by reference and are thus made a part of these rules. A copy of the current rules is attached to Ordinance 2007-O0021 as Appendix I.
(1983 Code, sec. 12-255(f); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The City of Lubbock wishing to adopt more stringent rules for
its on-site sewage facility ordinance understands that the more stringent
conflicting local rule shall take precedence over the corresponding
Texas Commission on Environmental Quality requirement. Listed below
is the more stringent rule adopted by the City of Lubbock:
None
(1983 Code, sec. 12-255(g); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
The health and environmental inspector of Lubbock County, Texas,
is hereby declared the designated representative for OSSF for the
enforcement of this article within its jurisdictional area. The appointed
individual(s) must be certified by the Texas Commission on Environmental
Quality before assuming the duties and responsibilities.
(1983 Code, sec. 12-255(h); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
All fees collected for permits and/or inspections shall be made
payable to the City of Lubbock, Texas, unless provided otherwise in
a contractual relationship between the City of Lubbock and Lubbock
County, Texas.
(1983 Code, sec. 12-255(i); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city council.
(1983 Code, sec. 12-255(j); Ordinance 2007-O0021, sec. 3, adopted 3/22/2007)
