The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise:
Absorption unit.
Any subsurface system that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent from a wastewater treatment unit.
Alteration.
The addition to or improvement of part or all of a private sewage disposal facility to meet current city, water commission and state commission on environmental quality standards for such facilities.
Authorization.
A subdivision construction authorization as required in section 13.05.009 of these rules.
Designated representative.
Any person(s), group or department authorized by the governing body of a political subdivision and approved by the state commission on environmental quality (TCEQ) for the administration of these rules within the adopting entity’s jurisdiction.
Emergency repairs.
Repairs to an existing system that has an immediate threat to the public health, i.e., surfacing sewage effluent, uncovered septic tanks, etc.
Evapotranspiration unit.
A subsurface sewage disposal facility which relies on soil capillarity and plant uptake to dispose of treated effluent through surface evaporation and plant transpiration.
Existing on-site sewage facilities.
Any on-site sewage facility that was in use on the effective date of these rules. Such a facility shall be an existing on-site sewage facility as long as that facility is not causing pollution, a threat to the public, or nuisance conditions; or is not substantially altered after the effective date of these rules. Any on-site sewage facility that has been actually used at any time during the twelve-month period immediately preceding the effective date of these rules shall be conclusively presumed to have been in use on the effective date of the rules.
Governing body.
The elected officials of any political subdivision of the state, including utility districts, counties and river authorities.
Institution.
Any establishment other than a single-family residence.
License.
A license to operate as required by section 13.05.008 of these rules.
Mobile home.
A structure that is transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on-site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
Mobile home park.
Any facility or area developed or used for the lease or rental of two (2) or more mobile homes.
New on-site sewage facility.
Any on-site sewage facility that does not qualify as an existing private sewage facility.
Nuisance.
(1) 
Sewage, human excreta, or other organic waste discharged or exposed in a manner that makes it a potential instrument or medium in the transmission of disease to or between persons; or
(2) 
An overflowing septic tank or similar device, including surface discharge from or groundwater contamination by a component of an on-site sewage disposal system, or a blatant discharge from an on-site sewage disposal system.
On-site sewage facility (OSSF).
All systems and methods used for the disposal of sewage, other than organized disposal systems, that do not produce more than 5,000 gallons of wastewater per day and are used only for the on-site disposal of that wastewater. On-site sewage facilities are usually composed of three units: the generating unit (the residence, the institution, etc.), the treatment unit (septic tank, etc.), and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapotranspiration bed).
Organized disposal system.
Any publicly or privately owned system for the collection, treatment, and disposal of sewage that is operated in accordance with the terms and conditions of a valid waste discharge permit issued by the state commission on environmental quality.
Owner.
A person who owns a building or other property served by an on-site sewage disposal system.
Permit.
A permit to construct as required by section 13.05.008 of these rules.
Person.
Any individual, corporation, organization, government or governmental subdivision or agency, business, trust, estate, partnership and any other legal entity or association, including but not limited to owners, developers, installers, operators, or any other person responsible for the construction, installation, or operation of a private sewage facility.
Pollution.
The alteration of the physical, thermal, chemical, or biological quality of or the contamination of any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare, or impairs the usefulness or the public entity’s enjoyment of the water for any lawful or reasonable purpose.
Proposed individual or public water supply well or system, or proposed organized disposal system.
Any such well or system for which the owner or operator has entered into contractual obligations, which cannot be canceled or altered without substantial loss, for the construction of such well or system that will be completed within a reasonable time.
Sewage.
Waterborne wastes that are primarily organic and biodegradable or decomposable and that generally originate as human, animal, or plant wastes from domestic activities, such as washing, bathing, and food preparation, and certain retail or commercial activities.
Single-family residence or single-family dwelling.
A habitat structure constructed on or brought to its site, and occupied by members of one family.
Standards.
The standards set forth in the pamphlet entitled “Construction Standards for On-Site Sewage Facilities” and all future amendments thereto, which were adopted by the state board of health pursuant to chapter 366, Health and Safety Code, as TCEQ rules 285.11–285.18 (Texas Administrative Code).
Subdivision.
A subdivision that has been platted and recorded with the county clerk or that is required by statute to be so platted and recorded; or any four (4) or more adjoining lots or tracts, any one of which is less than two (2) acres in size; or a mobile home park.
Water or water in the state.
Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.
(1995 Code, ch. 8, art. 1)
(a) 
Notice of noncompliance.
(1) 
The designated representative may routinely inspect on-site sewage facilities to assure continued compliance with these rules.
(2) 
The designated representative shall inspect any on-site sewage facility that is reasonably believed to be causing pollution, a threat to the public health, or nuisance conditions, or to have been altered without complying with these rules, based on a creditable complaint or other information available to the designated representative, 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 such inspection it is found that pollution, a threat to public health, or nuisance conditions are occurring, or a alteration or installation was performed without a permit, the designated representative shall so notify the owner of the on-site sewage facility in writing and include what problems must be remedied in order to achieve compliance, and set a reasonable amount of time to achieve compliance. Plans for repair must be submitted to the city not more than ten (10) days after notification of the owner. The on-site sewage facility shall be reinspected at the expiration of the allotted time.
(A) 
If the facility is found to be compliant, a license therefor may be issued or the existing license may be altered.
(B) 
If the facility is found to be noncompliant, appropriate enforcement shall be taken.
(b) 
Criminal penalties.
(1) 
A person commits an offense if the person begins to construct, alter, repair, or extend an on-site sewage disposal system owned by another person before the owner of the system obtains a permit to construct, alter, repair, or extend the on-site sewage disposal system as required by this article. An emergency repair to an on-site sewage disposal system without a permit in accordance with the rules adopted by the state commission on environmental quality is not an offense under this article if a written statement describing the need for the repair is provided to the city not later than seventy-two (72) hours after the repair is begun.
(2) 
An offense under this article is a class C misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this article, in which event the offense is punishable by:
(A) 
A fine of not less than one hundred twenty-five dollars ($125.00) or more than five hundred dollars ($500.00);
(B) 
Confinement in jail for not more than one (1) month; or
(C) 
Both the fine and confinement.
Each day of a continuing violation is a separate offense.
(3) 
The change in law made by this article applies only to an offense committed on or after the effective date of this article. For purposes of this section, an offense is committed before the effective date of this article if any element of the offense occurs before that date.
(4) 
An offense committed before the effective date of this article is covered by the law in effect when the offense was committed, and that law is continued in effect for this purpose.
(c) 
Civil remedies (Texas Water Code, 26.124).
(1) 
Whenever it appears that a violation or the threat of a violation of any of the terms and conditions of these rules has occurred or is occurring, the licensing authority may have a suit instituted in a district court through its own attorney for injunctive relief or civil penalties or both against the person who committed, is committing, or is threatening to commit the violation.
(2) 
Such suits may not be instituted by the designated representative unless the city council has adopted a resolution authorizing the institution of the suit.
(1995 Code, ch. 8, art. 10)
(a) 
Authority.
These rules are adopted by the governing body of the city (entity). The entity adopts these rules under the authority of section 342.002 and chapter 366, Health and Safety Code, and sections 214.012(2) and 214.014 of the Texas Local Government Code.
(b) 
Purpose.
The purpose of these rules is to abate or prevent pollution or injury to the public health in the city.
(c) 
Area of jurisdiction.
These rules shall apply to all incorporated areas of the city.
(d) 
Effective date.
These rules shall become effective upon their approval by the state commission on environmental quality.
(e) 
Incorporation by reference.
The standards 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 standards is attached to these rules as appendix I.
(f) 
Construction, precedence and interpretation.
(1) 
These rules shall be construed liberally to accomplish their purpose. In construing the standards, precatory words contained therein shall be deemed mandatory.
(2) 
In the event of any conflict between these rules and an order, resolution, or rule adopted by the TCEQ, the order, resolution, or rule adopted by the TCEQ shall take precedence. In the event of any conflict between these rules and the standards, these rules shall take precedence, providing that the conflicting statement is more stringent than the corresponding requirements in the standards.
(3) 
The designated representative shall, within the purpose of these rules, resolve any questions regarding any interpretation of these rules or the standards.
(g) 
Severability.
If any provision of these rules or the application thereof to any person or circumstances is held invalid, the validity of the remainder of these rules and the application thereof to other persons and circumstances shall not be affected.
(1995 Code, ch. 8, art. 2)
(a) 
Exceptions.
Certain individual situations may require the granting of an exception to the rules in order that hardships may be avoided. Exceptions which may cause harm to public health or the quality of surface or ground waters will not be granted.
(1) 
A person desiring an exception to any requirement of these rules shall file a written request with the licensing authority stating:
(A) 
The nature of the exception requested;
(B) 
The reason that justifies the granting of the exception; and
(C) 
Any information that the designated representative reasonably requests.
(2) 
Within thirty (30) days after the receipt of said request, the designated representative shall review the request and reply to the applicant in writing either granting or denying the request. If the request is denied, the designated representative shall include the reasons for denial in the reply.
(b) 
Appeals.
Any person aggrieved by an action or decisions of the designated representative made hereunder may, within ten (10) days of the action, if no document is given, appeal to the city board of adjustments.
(1) 
The appeal shall be initiated by filing a written objection with the city secretary. The written objection shall state what the complainant believes the action or decision of the licensing representative should have been and the reasons therefor. A copy of the document containing the notice of the complained-of action or decision, or a written statement of the complained-of action or decision, if no document was given, shall be attached to said written objection.
(2) 
When an objection is filed, the city secretary shall notify the chairman of the board of adjustments, who shall place the matter on the agenda for review at the next regular meeting of the board of adjustments that is at least ten (10) days after the date of the filing of the objection. The city secretary shall notify the designated representative and the complainant that the matter is on the agenda.
(3) 
The board of adjustments shall review the matter and consider such information and evidence that it may deem relevant and that may be offered by the designated representative or the complainant. The board of adjustments shall either affirm, reverse, or alter the action or decision of the designated representative.
(4) 
These provisions for appeal are not exclusive, but are cumulative of any other remedies at law or in equity.
(c) 
Notices.
Any notice required to be given pursuant to these rules shall be considered given by depositing the same in the U.S. mail, postage prepaid, and addressed in accordance with the information given by an applicant or complainant.
(d) 
Fees.
To defray the reasonable cost of administering these rules, the designated representative shall require fees to be paid to the authorized agent (city council) in accordance with the schedule established from time to time by the city council. Such fees shall be paid with the filing of an application for a permit, license, or authorization; a written request for an inspection or exception; or an appeal.
(1995 Code, ch. 8, art. 3)
(a) 
The city, by and through the city sanitarian or other authorized agent (by ordinance), has the duty, and necessary powers, to administer and enforce these rules within the city.
(1) 
The city shall collect fees, permit, inspect, investigate and license as provided within these rules.
(2) 
Any person or firm owning and/or operating on-site sewage facilities within the city shall permit employees and agents of the city to make such reasonable inspections of the facilities as may be required to determine whether those facilities comply with these rules.
(b) 
The responsibilities of the designated representative are to enforce these rules and to make appropriate recommendations to proper entity officials when instances of noncompliance with these rules have been determined; to make semiannual reports to the authorized agent on all actions, including legal actions, taken concerning these rules; and to perform all other duties necessary to meet the requirements of these rules.
(1995 Code, ch. 8, art. 4)
(a) 
Lawful discharges.
After the effective date of these rules, only the following types of sewage discharges shall be lawful:
(1) 
Sewage discharged into an organized disposal system operating under a valid permit issued by the state commission on environmental quality.
(2) 
Sewage discharged into an on-site sewage facility designed, installed, licensed, operated, and maintained in accordance with these rules.
(3) 
Sewage discharged into an existing on-site sewage facility that is in use on the effective date of these rules, that has not been substantially altered since the effective date of these rules, and that is operated and maintained in such a manner as not to cause pollution, a threat to the public health, or nuisance conditions.
(b) 
Requirements.
(1) 
No person, except the person owning or having the right of possession and use of the parcel of land upon which a proposed on-site sewage facility is to be located, may apply for a facility permit or license.
(2) 
The design, construction, and installation of any new on-site sewage facility and the maintenance of any on-site sewage facility shall, at a minimum, meet the requirements set forth in the standards.
(3) 
No person may cause, suffer, allow, or permit the construction or installation of, or an alteration to, an on-site sewage facility unless a permit therefor has first been issued.
(4) 
The construction, installation, alteration, extension or repair of an on-site sewage facility shall be made in accordance with the approved design and requirements of the permit issued therefor.
(5) 
No component of an on-site sewage facility shall be covered until an inspection has been made and approval given by the designated representative.
(6) 
No person may cause, suffer, allow, or permit the use of an on-site sewage facility unless a license, or necessary license amendment therefor, has first been issued.
(7) 
The construction or installation of an on-site sewage facility on a lot or tract that is smaller than the size required in the standards shall not be allowed. However, on such smaller lots or tracts, recorded with a county in its official plat records prior to the adoption of these rules, an on-site sewage facility may be permitted to be constructed and licensed to operate if it meets the following criteria. It must be demonstrated by a thorough investigation of a registered professional engineer, designated representative, or sanitarian that an on-site sewage facility on one of these lots can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or creating the threat of pollution or nuisance conditions. It must meet all of the requirements of these standards, including providing a replacement field. The minimum lot size must meet state and county regulations.
(8) 
The effluent from an on-site sewage facility, whether using an aerobic or anaerobic treatment unit, must be discharged on-site into a properly designed and constructed absorption unit and shall not be discharged to the ground surface or into or adjacent to any water in the state; except that, in areas where soils are unsuitable for conventional on-site sewage disposal systems, effluent from National Sanitation Foundation standard 40, class I aerobic systems or equal as approved and listed by the TCEQ may be discharged to the ground surface by irrigation only as a last resort and only if the designated representative determines that the method will not create a nuisance and complies with the TCEQ standards and policies. There shall be no off-site discharge of effluent. In calculating lot or tract sizes, easements or rights-of-way adjacent to or through such lots shall be excluded.
(9) 
On-site disposal systems declared unsatisfactory in article 12 of the accompanying appendix to the on-site sewage disposal regulations are specifically prohibited from being installed and licensed.
(10) 
No person may cause, suffer, allow, or permit the maintenance of an on-site sewage facility in such a manner as to cause or as may tend to cause pollution, injury to public health, or nuisance conditions.
(1995 Code, ch. 8, art. 5; Ordinance adopting Code)
In order to implement the stated policy of the legislature and the state board of health to encourage the development and use of organized disposal systems to serve the waste disposal needs of the citizens of the state and to prevent pollution, protect the public health, and maintain and enhance the quality of water in the state, the following requirements are made:
(1) 
No person may cause or allow the installation of an on-site sewage facility when any part of the facility is to be within 300 feet in horizontal distance (measured on the closest practicable access route) of an existing organized disposal system, unless one of the following requirements has been met:
(A) 
The person has received a written denial of service from the owner or governing body of the organized disposal system; or
(B) 
The person has received a written determination from the designated representative that it is not feasible for the person to connect to the organized disposal system.
(2) 
Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable access route) from any part of a private sewage facility, that facility shall be connected to the organized system unless one of the requirements set forth in subsection (1)(A) or (1)(B) of this section has been met.
(1995 Code, ch. 8, art. 6)
(a) 
Requirements for new on-site sewage facilities.
(1) 
A permit to construct must be obtained from the designated representative prior to commencing the construction of, installation of, or extension or alteration to an on-site sewage facility and will be issued upon a finding that construction can commence and all applicable fees have been paid, such fees made payable to the city.
(2) 
A license to operate must be obtained from the designated representative prior to operating a new on-site sewage facility and will be issued after satisfactory completion and approval of construction.
(3) 
Once issued, a permit to construct or a license to operate may be revoked for the following reasons:
(A) 
It appears that any information submitted on the application or with the application for permit to construct is false.
(B) 
It appears that any material fact has been concealed in the application for permit to construct or information submitted therewith.
(C) 
It appears that the operation or use of the on-site sewage facility violates state law or any of the rules or standards of the city. When a notice of revocation has been issued, no person may use, operate, or cause, suffer, allow, or permit the operation or use of an on-site sewage facility.
(b) 
Permit to construct.
(1) 
To make an application for a permit to construct, the applicant shall submit to the designated representative the following:
(A) 
A properly completed application form.
(B) 
The required fee.
(C) 
The results of the percolation tests (tests must be observed by the designated representative) performed by a registered professional engineer or similarly qualified person approved by the designated representative.
(D) 
A drawing or drawings reflecting that the proposed private sewage facility will comply with these rules and demonstrating that the lot or tract is large enough for the on-site sewage facility to be constructed thereon.
(E) 
A statement or other evidence that demonstrates that the requirements set forth in section 13.05.007 of these rules have been met.
(F) 
Written permission to enter the applicant’s property for purposes of inspection.
(G) 
Any additional information that the designated representative may require.
(2) 
The completed application and all additional information submitted shall not contain any false information or conceal any material facts and shall be sworn to and notarized.
(3) 
Within five (5) days after a proper and complete application has been made, the designated representative shall make a finding on the issuance of a permit, based upon the information contained in the completed application and any other information available to the designated representative.
(A) 
Upon a finding that construction can commence, a permit to construct shall be issued to the applicant.
(B) 
Upon a finding that a permit to construct cannot be issued, the designated representative shall so notify the applicant in writing within ten (10) days of that finding and shall include the reasons for denying the issuance of a permit.
(4) 
A permit shall expire six (6) months from the date of issuance unless construction has commenced on the on-site sewage facility for which the permit was issued. An expired permit may be reissued provided the conditions under which the permit was originally issued have not changed. A fee made payable to the city will be charged to defray the cost of reissuance. When a permit has expired and the original conditions have changed, a new application must be submitted with a new application fee made payable to the city.
(5) 
Revocation of licenses and permits.
A construction permit, once issued, may be suspended at any time that the city determines that the construction is not in accordance with these rules and standards, that the application for the permit to construct is incomplete, that any information supplied with the application is false, or that a material fact concerning the application for permit to construct has been concealed. When the city has made such a determination, the city or its designated representative will issue a notice to cease construction immediately. When the notice to cease construction has been issued, no person may construct, cause, suffer, allow, or permit further construction on the on-site sewage facility unless and until such suspension has been lifted.
(c) 
License to operate.
(1) 
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(A) 
The applicant or registered installer shall notify the designated representative that an inspection is desired at least 5 working days prior to the need for inspection.
(B) 
The applicant or registered installer must be present at the time of the inspection.
(C) 
The applicant or registered installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(2) 
Within five (5) days after an inspection, the designated representative shall make a finding on the issuance of a license, based upon the information obtained from the inspection and any other information available to the designated representative.
(A) 
Upon a finding that the use of the new on-site sewage facility will not cause pollution, injury to the public health, or nuisance conditions and is not in conflict with these rules, and upon payment of appropriate fees, a license to operate the facility shall be issued to the applicant.
(B) 
Upon a finding that a license to operate cannot be issued, the designated representative shall so notify the applicant in writing within five (5) days of that finding and shall include the reasons for denying the issuance of a license.
(3) 
Licenses to operate issued under the authority of these rules shall be for a term of four (4) years. At the end of every four (4) years, the on-site sewage facility shall be reinspected by the designated representative for compliance with these rules.
(d) 
Existing on-site sewage facilities.
All on-site sewage facilities are required to be licensed for use as of the effective date of the on-site sewage disposal regulations. Facilities installed before that date were exempted from meeting these city standards, provided the system included a valid treatment tank and disposal area which did not pollute, threaten public health, or create nuisance conditions. Any repair, extension or alteration to an existing system must be in compliance with these rules, and must meet current construction standards for on-site sewage facilities within the city’s jurisdiction.
(e) 
Special requirements for institutions.
A registered professional engineer shall design all on-site sewage facilities serving institutions; said designs shall be made in accordance with these rules, including the standards.
(1995 Code, ch. 8, art. 7)
(a) 
Construction authorization required.
Any person desiring to create a subdivision that will utilize on-site sewage facilities, in whole or in part, must obtain a subdivision construction authorization from the designated representative prior to commencing or continuing construction in the subdivision.
(b) 
Application for construction authorization; approval or disapproval.
(1) 
An applicant for a subdivision construction authorization shall submit an application and sewage disposal plan to the designated representative containing information that is adequate to establish:
(A) 
That it is not feasible for the applicant to provide sewer service to the subdivision by means of an organized disposal system; and
(B) 
That on-site sewage facilities may be used in the specified subdivision without causing, or threatening to cause, individually or collectively, pollution, injury to the public health, or nuisance conditions. This information will include as a minimum:
(i) 
A map locating the subdivision relative to on- and off-site:
a. 
Surface water;
b. 
Watersheds;
c. 
Floodplains;
d. 
Existing and proposed individual and public water supply wells; and
e. 
Existing and proposed organized disposal systems.
(ii) 
An accurate plat of the subdivision that details the size and intended use of each lot and that details roads and utility rights-of-way. This plat shall show all areas of the subdivision where the groundwater table is less than six (6) feet below the surface as the surface exists or as it will be after grading and filling that may required in the subdivision development.
(iii) 
A list that specifies the type and maximum size (floorspace, bedrooms, seating, etc.) of the intended construction that will be allowed on each lot. Based on this list, the applicant shall provide further information to confirm that an on-site sewage facility that meets all of the requirements of these rules and the standards can be constructed on each lot. This information shall include:
a. 
Preliminary locations and distances between sewage generating units, treatment units, disposal units, water wells, and lot boundaries. These distances shall be shown between these items on each lot and to any existing or proposed water supply wells on adjacent lots.
b. 
Average daily wastewater volume to be generated by the specified maximum size construction.
c. 
Capacity and/or size of the treatment (tanks) and disposal (drainfield) units. The disposal area size shall be calculated assuming a specific type of drainfield (absorption trench or evapotranspiration bed) and using adequately documented permeability measurements taken at the drainfield locations.
(iv) 
At the discretion of the designated representative and in consideration of the size and density of the proposed subdivision and other conditions known to exist in the vicinity of the proposed subdivision, one or more geological cross-sections may be required from the applicant. These cross-sections shall illustrate the geologic formations that make up the subsurface below the subdivision down to the first aquifer that supplies, or may be used to supply, drinking water in the area. These cross-sections shall illustrate the primary dip and characteristics (permeable, impermeable, water bearing, etc.) of each formation and the elevation of any water table.
(2) 
The required fee shall accompany the application, the required fee made payable to the city.
(3) 
Within forty-five (45) days after a proper and complete application has been made, the designated representative shall make a recommendation on the issuance of a subdivision construction authorization, based upon the information contained in the completed application and any other information available to the designated representative. When made, said recommendation for approval, with appropriate restrictions, if any, or denial shall be submitted to the city secretary and mailed to the applicant within five (5) days.
(4) 
When a recommendation is submitted, the city secretary shall notify the chairman of the planning and zoning commission, who shall place the matter on the agenda of the commission for review at its next meeting that is at least ten (10) days after the date of the submission of the recommendation. The city secretary shall notify the designated representative and the applicant that the matter is on the agenda.
(A) 
Upon the approval of a subdivision construction authorization by the city council, the authorization shall be issued to the applicant. A subdivision construction authorization does not constitute either a permit to construct or a license to operate a specific on-site sewage facility. An approved construction authorization, however, is a prerequisite for obtaining a permit or license for a specific on-site sewage facility in a subdivision.
(B) 
Upon the disapproval of a subdivision construction authorization by the city council, the designated representative shall so notify the applicant in writing within ten (10) days of the disapproval and shall include the reasons for denying the approval of the authorization.
(c) 
Notice to prospective purchasers, lessees or renters.
(1) 
Upon the approval of a subdivision construction authorization, the authorization, the application therefor and any other critical evaluation information shall be filed as a deed record for the subdivision lots.
(2) 
Any person, or his agents and assignees, desiring to create a subdivision that will utilize on-site sewage facilities, in whole or in part, and sell, lease, or rent the lots therein shall inform each prospective purchaser, lessee, or renter:
(A) 
That the subdivision is subject to all of the terms and conditions of these rules;
(B) 
That a permit to construct shall be required before an on-site sewage facility can be constructed in the subdivision;
(C) 
That a license to operate shall be required for the operation of such an on-site sewage facility; and
(D) 
That an application for a subdivision construction authorization has been made and whether or not it has been approved, including any restrictions placed on any such approval.
(1995 Code, ch. 8, art. 8)
(a) 
Inspections.
The city may routinely inspect on-site sewage facilities, including tanks, to assure continued compliance with these rules and standards. Regular inspections will include:
(1) 
Visual surface inspection.
The designated representative may make a scheduled surface visual inspection of the on-site sewage facility at least once every four (4) years. Pumping of the facility’s tank(s) may be required at the same time.
(2) 
New construction.
Any on-site sewage disposal system must be inspected and approved by the city. An occupancy permit shall not be issued without written confirmation from the city sanitarian that the installed system is complete and is in compliance with all aspects of these rules. During construction, inspections will be performed when deemed necessary by the city to insure compliance with these rules and standards.
(3) 
Change of ownership.
The city requires any and all on-site sewage systems be inspected and the tank(s) pumped prior to new owner occupancy. Proof of inspection by the city sanitarian and pumping must be presented to the city secretary prior to a certificate of occupancy being issued. If the home has been unoccupied for more than thirty (30) days, a certificate of occupancy may be issued conditional upon the completion of a visual inspection by the city thirty (30) days after occupancy.
(4) 
Commercial buildings.
Any and all on-site sewage disposal systems must be inspected on an annual basis and the tanks pumped at the discretion of the designated representative not to exceed every four (4) years.
(5) 
Alteration, upgrading or replacement of existing systems.
A permit must be obtained from the city prior to any construction. Upon completion of construction, written proof of inspection and approval by the city sanitarian must be presented to the city secretary.
(6) 
Soil absorption trench system.
The city may inspect an existing system whenever a hazardous condition is reported or observed. Regular visual inspections by the city will be accomplished at intervals not to exceed four (4) years. Written proof of inspections will be presented to the city secretary.
(7) 
Non-soil absorption trench system.
The city may inspect an existing system whenever a hazardous condition is reported or observed. Regular visual inspections by the city will be accomplished at the following intervals:
(A) 
Aerobic systems: Six (6) months.
(B) 
Spray irrigation systems: Six (6) months.
(C) 
ET systems (existing): Six (6) months.
Written proof of inspections will be presented to the city secretary.
(b) 
Maintenance agreements.
The following systems must have maintenance contracts prior to the issuance of a license to operate:
(1) 
All systems utilizing pumps or siphons;
(2) 
Filtration systems;
(3) 
Aerobic treatment units;
(4) 
Drip emitter systems; and
(5) 
Any other systems as required by the authorized agent.
At the time of inspection, proof of a valid maintenance agreement (for those systems requiring maintenance/service agreements) must be presented to the city or its designated representative.
(1995 Code, ch. 8, art. 9)
The city is not liable for damages resulting from approval of the installation and operation of an on-site sewage facility.
(1995 Code, ch. 8, art. 11)
(a) 
Prohibitions.
(1) 
Each of the following shall be an offense:
(A) 
The discharge of sewage, human excreta, or other organic wastes discharged or exposed in a manner that makes it a potential instrument or medium in the transmission of disease to or between persons or animals; or
(B) 
An overflowing septic tank or similar device, including surface discharge from an on-site sewage disposal system.
(2) 
The discharge of kitchen waste or laundry waste may not be allowed to accumulate in or flow onto a public place, gutter, street, highway, or adjacent property.
(b) 
Penalty.
Any person, firm, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.009 of this code for each offense, and each and every day such offense is continued [shall constitute a separate offense].
(1995 Code, ch. 8, art. 12; 1995 Code, ch. 8, art. 12; Ordinance adopting Code)