The use of on-site sewage facilities in city is causing or may cause pollution or is injuring or may injure the public health.
(Ordinance 2218, sec. 2, adopted 7/20/00)
The city clearly understands the technical criteria, 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.
(Ordinance 2218, sec. 4, adopted 7/20/00)
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 13.07.035 of this division.
(Ordinance 2218, sec. 6, adopted 7/20/00)
(a) 
The rules “Design Criteria for On-Site Sewage Facilities” and Administrative Rules 30 TAC 285.1–285.91, attached to Ordinance 2218, promulgated by the state commission on environmental quality for on-site sewage systems 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.
(b) 
The design criteria 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 design criteria is attached to Ordinance 2218 as appendix I.
(Ordinance 2218, secs. 7, 8, adopted 7/20/00)
The city, 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 state commission on environmental quality requirements if local rules provide greater public health and safety protection.
(1) 
Regardless of acreage of the OSSF (on-site sewage facility) a permit will be required.
(2) 
There shall be only one single-family dwelling per lot in accordance to EDAPT rules. The designated representative in accordance with EDAPT rules shall not authorize electrical, water, or other utility connections to a facility without the applicant first obtaining an on-site sewage facility construction authorization (OSSF) and a final authorization approval on the on-site sewage facilities installation from the county.
(3) 
On single-family dwellings it shall be the responsibility of the contractor or property owner to prepare all test holes and provide adequate clean water for the designated representative.
(4) 
Licensed installers will be required to have transit setup at all on-site sewage facilities to ensure that drops in elevation meet requirements.
(Ordinance 2218, sec. 9, adopted 7/20/00)
The on-site sewage (OSS) inspector of the city is herewith declared the designated representative for the enforcement of these rules within its jurisdictional area. The appointed individual(s) must be approved and certified by the state commission on environmental quality before assuming the duties and responsibilities of the designated representative of the city.
(Ordinance 2218, sec. 10, adopted 7/20/00)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the city commission.
(Ordinance 2218, sec. 12, adopted 7/20/00)
This division adopts and incorporates 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 and 26 of the Texas Water Code and 30 TAC chapter 285.
(Ordinance 2218, sec. 13, adopted 7/20/00)
If the city commission decides that it no longer wishes to regulate on-site sewage facilities in its area of jurisdiction, the city commission shall follow the procedures outlined below:
(1) 
The city commission shall inform the state commission on environmental quality by certified mail at least 30 days before the published hearing notice that it wishes to relinquish its on-site sewage facility ordinance.
(2) 
The authorized agent shall post the required public notice in a newspaper regularly published or circulated in the area of jurisdiction at least 30 days prior to the anticipated date of action by the authorized agent.
(3) 
The authorized agent shall send a copy of the public notice, a publisher’s affidavit of public notice, and a certified copy of the minutes to the state commission on environmental quality.
(4) 
The executive director shall process the request for relinquishment and may issue an order relinquishing the authority to regulate OSSFs within the authorized agent’s jurisdiction or may refer the request to relinquish to the commission.
(5) 
Prior to issuance of a relinquishment order the local entity and the executive director shall determine the exact date the authorized agent would surrender its authorized agent designation to the executive director.
(Ordinance 2218, sec. 15, adopted 7/20/00)