30 Texas Administrative Code (TAC) chapters 30 and 285 (30 TAC chs. 30, 285) and all future amendments and revisions thereto are incorporated by reference.
(2001 Code, sec. 106-406; Ordinance 60-2009 adopted 9/1/09)
Any person who owns or has possession or control of a structure discharging sewage into an on-site sewage facility (OSSF) within the jurisdictional area of the city must ensure that the discharge and the on-site sewage facility comply with the rules adopted in section 106-406.
(2001 Code, sec. 106-407; Ordinance 60-2009 adopted 9/1/09)
In addition to the rules adopted in section 106-406, the city implements the following more stringent regulations.
(1)
A
permit shall be required for all on-site sewage facilities (OSSF)
regardless of acreage, and so the exception found in 30 TAC sec. 285.3(f)(2)
shall not apply in the city limits.
(2)
Permits
shall not transfer automatically to a new owner upon sale or other
legal transfer of an OSSF, and so 30 TAC sec. 285.3(a)(3) shall not
apply in the city limits. Within 60 days prior to the sale or transfer
of any property on which a permitted OSSF exists, the seller or transferor
must pay an inspection fee as established by separate ordinance and
have an inspection of the OSSF performed by a licensed designated
representative of the health district. Only after the payment of such
a fee and the conduct of an inspection in which the OSSF is found
to be compliant, does the permit become transferable upon any sale
or legal transfer which occurs within 60 days of the inspection. Permits
for OSSFs which transfer legally without the required fee and inspection
shall be deemed to be invalid, and the new owner, buyer or transferor
must make application for new permit and follow the procedures required
for same before operating the OSSF.
(3)
Within
60 days prior to the sale or transfer of any property on which any
OSSF, including an OSSF exempt from permitting requirements by 30
TAC sec. 285.3(f), exists, the seller or transferor must pay an inspection
fee and have an inspection of the OSSF performed by a licensed designated
representative of the health district. Only after the payment of such
a fee and the conduction of an inspection in which the OSSF is found
to be compliant, does the use of the system become transferable upon
any sale or legal transfer which occurs within 60 days of the inspection.
OSSFs for properties which transfer without the required fee and inspection
shall be deemed to be invalid, and the new owner, buyer or transferor
must pay the required fee and obtain the inspection before operating
the OSSF.
(4)
The
Aerobic Treatment Unit Sizing Chart in Table II of 30 TAC sec. 285.91(2)
is replaced with the following:
|
Aerobic Treatment Unit Sizing For Residences Within the City
Limits of Wichita Falls
| |
|---|---|
|
Size of Home
|
Minimum Aerobic Tank Treatment Capacity in gallons per day
|
|
3 or fewer bedrooms and less than 2,501 sq. ft.
|
450
|
|
4 bedrooms and less than 3,501 sq. ft. or less than 4 bedrooms,
larger than 2,500, but smaller than 3,501
|
600
|
|
5 bedrooms and less than 4,501 sq. ft. or less than 5 bedrooms,
larger than 3,500, but smaller than 4,501
|
750
|
|
6 bedrooms and less than 5,501 sq. ft. or less than 6 bedrooms,
larger than 4,500, but smaller than 5,501
|
900
|
|
7 bedrooms and less than 7,001 sq. ft. or less than 7 bedrooms,
larger than 5,500, but smaller than 7,001
|
1050
|
|
8 bedrooms and less than 8,501 sq. ft. or less than 8 bedrooms,
larger than 7,000, but smaller than 8,501
|
1200
|
|
9 bedrooms and less than 10,001 sq. ft. or less than 9 bedrooms,
larger than 8,500, but smaller than 10,001
|
1350
|
|
10 bedrooms and less than 11,501 sq. ft. or less than 10 bedrooms,
larger than 10,000, but smaller than 11,501
|
1500
|
|
For each additional bedroom above ten or every additional 1,500
sq. ft. of living area above 11,500
|
add 150
|
(5)
The
following requirement is added to 30 TAC sec. 285.32(a): Structures
which have more than one sewer stub out shall have a common connection
of all sewer lines before the treatment system unless the treatment
system is designed with more than one entrance.
(6)
The
following requirement is added to 30 TAC sec. 285.3(d): Installers
and their apprentices shall during installation, maintain on the job
site copies of all approved plans, contracts, manifests, well data,
and the specifications of the components relating to the installation
of the OSSF, and shall make same available to the inspector until
all required inspections are completed.
(7)
On-site
sewage facilities maintenance and management practices. Maintenance
contract requirements for all OSSFs are identified in 30 TAC sec.
285.91(12). Further, maintenance and management practices shall comply
with 30 TAC secs. 285.7 and 285.39.
a.
No
homeowner/property owner shall be allowed to perform any maintenance
on an on-site disposal system using aerobic treatment unless the homeowner/property
owner:
1.
Provides documentation of completing and passing a basic OSSF maintenance
course approved by the regulatory authority for aerobic treatment
units and the property to be maintained is owned by the trained homeowner,
or
2.
Holds a valid wastewater Class D license or higher wastewater treatment
license, or
3.
An owner of an OSSF lawfully installed as of October 1, 2009, who
has maintained said OSSF prior to that date may continue to do so.
4.
All of the above mentioned must be able to demonstrate to a licensed
designated representative of the health district that he can perform
the following procedures for maintaining the OSSF: replacing air filters,
cleaning aerobic diffusers, spinners and agitators, cleaning pumps,
testing for chlorine and/or fecal coliform, monitoring turbidity,
scum and sludge build-up, controlling odor, and ensuring the application
area is distributing properly and according to the original system
design. The owner must inspect the OSSF and submit an inspection report
to the health district every four months. An owner who fails to submit
inspections as required shall not be permitted to self-maintain, and
will be required to obtain a testing and reporting contract from a
licensed OSSF maintenance provider.
b.
Each
maintenance provider having contracts in Wichita Falls shall register
with Wichita Falls-Wichita County Public Health District (health district)
Environmental Health Division. Maintenance provider registration shall
be effective from the date of registration to December 31 of the same
year. Renewal maintenance provider registration for the next year
shall not be accepted before December 1 of the current year. New and
renewal maintenance contracts will only be accepted from maintenance
providers whose registration is current and in good standing. Maintenance
provider registration shall be free of charge.
1.
Maintenance providers who fail to perform maintenance testing at
the required intervals, mark an inspection tag, or submit a report
on time two or more times during any 12 month period may have their
registration suspended for no longer than one year in addition to
any other penalties that may apply. No new or renewal maintenance
contracts will be accepted from a maintenance provider during the
time their registration is suspended.
2.
A licensed OSSF maintenance provider will submit an inspection report
for each OSSF to the health district every four months. Renewal contracts
shall be for a term of no less than one year and include at least
three inspections. Contract renewals with the same maintenance provider
will not be accepted by the health district unless all of the maintenance
reports from the previous contract period have been received.
(8)
All
components that need to be replaced on an OSSF shall be replaced by
an individual licensed by the TCEQ to maintain OSSFs. Said replacement
must utilize components certified by the manufacturer for use on the
specific model being maintained.
(2001 Code, sec. 106-408; Ordinance 60-2009 adopted 9/1/09; Ordinance 45-2018, sec. 1, adopted 9/18/18)
The Wichita Falls/Wichita County Public Health District is declared
the designated representative for the enforcement of the rules under
this division within the city. Individuals employed by the health
district will represent the district as the designated representative;
however these individuals must be approved and certified by the Texas
Commission on Environmental Quality before assuming the duties and
responsibilities of the designated representative.
(2001 Code, sec. 106-409; Ordinance 60-2009 adopted 9/1/09)
(a)
All
fees collected for permits and/or inspections pursuant to this division
shall be made payable to the Wichita Falls/Wichita County Public Health
District.
(b)
The
district shall establish a fee schedule for the on-site sewage facility
program within the city and maintain a copy of such fee schedule for
inspection by the public. Such fee schedule shall set reasonable fees
for services performed by or at the direction of the licensing authority
and may be amended by the licensing authority from time to time.
(2001 Code, sec. 106-410; Ordinance 60-2009 adopted 9/1/09)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city council.
(2001 Code, sec. 106-411; Ordinance 60-2009 adopted 9/1/09)
This division adopts and incorporates the applicable penalty provisions related to on-site sewage facilities contained in Texas Health and Safety Code chs. 341 and 366; Texas Water Code chs. 7, 26 and 37; and 30 TAC chs. 30 and 285.
(2001 Code, sec. 106-412; Ordinance 60-2009 adopted 9/1/09)
