For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
The City of Pflugerville.
The person that may be appointed by the Mayor, and who undertakes
the duties of such Commissioner of Sanitation, and if no person is
appointed by the Mayor, then the Mayor shall act as Commissioner of
Sanitation.
A vented, watertight tank designated for temporary holding
of sewage and so constructed as to prevent the removal of the sewage
except by pumping therefrom, for delivery to an approved sewage disposal
system.
The Mayor of the City of Pflugerville.
The abbreviation for “mean sea level.”
A facility other than an organized sewage disposal system
and which is not a containment system.
Any public or private sewage system for the collection, treatment,
and disposal of sewage operated in accordance with the terms and conditions
of applicable regulatory authority and law.
The person, agency or entity authorized by the City Council
to inspect and conduct surveillance under the terms of this subchapter.
A vented, watertight tank which serves as a sedimentation
and sludge digestion chamber, which is placed between the house sewer
and the soil absorption field.
A system for disposing of sewage through soil absorption
and consisting of the following components: the house sewer, the septic
tank, and the soil absorption field.
Waterborne human or other domestic waste.
Septic tank, pit privy, cesspool, sewage holding tank, injection
well used to dispose of sewage, treatment tank, and any other facility,
system, means, or method used for the disposal system operated under
a permit issued by the Water Quality Board of the State of Texas.
The difference between the highest elevation and the lowest
elevation on any lot divided by the horizontal distance between the
two points.
That part of a septic tank system consisting of drainage
tiles and surrounding permeable soil used for the subsurface disposal
of septic tank effluent.
A subdivision which has been platted and approved by the
city and recorded with the County Clerk of Travis County, Texas, or
which is required by statute to be so platted and recorded.
The Texas Water Quality Board or its successor agency.
(Ordinance 68-75-5-19, passed 5-19-75)
The city designates all of the area within its corporate limits
and its extraterritorial jurisdiction as a water quality zone.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
No
sewage facility or facilities may be constructed, placed, maintained,
or held available for use within the water quality zone except:
(B)
It
shall be unlawful to make, suffer, or allow sewage discharge of any
kind except in accordance with sewage facilities authorized or permitted
in division (A) above.
(C)
The
city may enter into an agreement with the Austin-Travis County Health
Department, or any other agency having appropriate capability for
same, for the surveillance, inspection of private sewage facilities
in all areas of land within the city and its extraterritorial jurisdiction.
The city will serve as the permit authority for all new or revoked
disposal systems within the corporate limits or other areas where
the city has concurrent jurisdiction.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
Schedule
of fees.
The following schedule of fees shall be paid
by applicant for permits or for reinspection under this subchapter:
(B)
Payment
of fees.
Fees for initial permit applications shall be
paid directly to the city. Fees for inspection and tests shall be
paid to the city, and may be added to the water bill for the parcel
of land for which the inspection or test was conducted, and shall
be for all purposes, considered a part of the water bill when so added.
The city shall reimburse the contractor and inspecting authority for
such costs for conducting testing and inspections pursuant to this
subchapter.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
Standards
for facilities.
No sewage facility may be installed without
first obtaining a permit from the city in connection with such sewage
facility. No building permit will be issued unless it is demonstrated
that the sewage facility will function properly and will not pose
a danger of possible pollution or injury to public health, will not
cause or allow sewage or odor therefrom to go onto neighboring property,
and will comply with this subchapter.
(B)
Amendment,
revocation or suspension.
(1)
On prior notice to the property owner, the city may revoke, modify,
or suspend a private sewage facility permit:
(a)
If the information submitted by or on behalf of the applicant or
in connection with the application or renewal application is materially
false;
(b)
If the facility is not functioning adequately or properly, or if
it functions (or fails to function) so as to cause or pose reasonable
threat of pollution or potential injury to public health or so as
to be a nuisance or to cause or allow sewage or noxious odors from
sewage from the property it is to serve to go on to neighboring property;
(c)
If the facility fails to function substantially as well as indicated
by the application and accompanying inspections or tests when the
permit was issued;
(d)
If it operates or functions not in compliance with this subchapter,
or for like good cause.
(2)
The issuance of a permit, regardless of its duration, in no way relieves
the property owner of his continuing responsibility to insure effective
and safe operation of his private sewage facility; and each property
owner shall be and remain responsible to insure that the property’s
private sewage facility functions properly and to take all necessary
measures to correct any deficiencies that might develop.
(C)
Non-containment
private sewage facilities.
Except as may be otherwise
expressly provided elsewhere in this subchapter, non-containment private
systems, other than septic tank systems, will not be authorized:
(1)
If they do not at least meet the minimum criteria for septic tank
systems established by this subchapter;
(2)
If they are less effective than a proper septic tank system would
be in respect to controlling pollution, minimizing danger to public
health, or preventing escape of sewage odor therefrom to neighboring
property;
(3)
If they fail to meet other applicable standards provided in this
subchapter, including but not limited to those specified in this subchapter;
or
(4)
If their permit is forbidden by another section or sections of this
subchapter.
(Ordinance 68-75-5-19, passed 5-19-75)
The following procedures shall govern the issuance of permits
for new private sewage facilities (those constructed after the date
of passage of this subchapter) under this subchapter:
(A)
In
order to initiate an application for a permit, a written application
in such form as may be prescribed by the city must be filed with the
City Secretary.
(B)
Prior
to the issuance of a building permit, inspections, tests, and reports
shall be made as the city may determine to be appropriate, which may
include percolation tests as provided in Regulations for Individual
Septic Tank Systems and Subdivisions Review of Septic Tank System
Developments, dated September, 1972, published by the Austin-Travis
County Health Department, or any subsequent edition of said regulation,
site inspection and other such tests, inspections, and reports as
the city may consider appropriate. Such inspections, tests, and reports
shall be made by authorized representatives of the above permit authority.
If the application is approved, the applicant may then proceed with
the construction of the private sewage facility in accordance with
the plans submitted with the application. If the application is disapproved
as submitted, but a qualified engineer is of the opinion that a private
sewage facility of a different design may be constructed on the property,
it shall advise the applicant in writing of the changes necessary
to obtain a permit. The required information shall be filed with the
city. All private sewage facilities shall be constructed in accordance
with Austin-Travis County Health Department Regulations for Individual
Septic Systems and Subdivision Review of Systems Development and deviation
from the plans must be approved by the city before construction is
commenced. The construction of the system shall be subject to inspection
by the authorized representative at all reasonable times; and upon
completion of the construction but before the system is buried, a
final inspection shall be made to insure compliance with this subchapter
after all requirements have been met, including the final inspection,
certification of the system will be provided the City Building Inspector
which will be made a part of the certificate of occupancy.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
All
authorized sewage facilities shall be operated and maintained in accordance
with criteria established by the Texas State Department of Health.
All private sewage facilities shall be subject to inspection by the
city and its agents at all reasonable times for the purposes of determining
compliance with the terms of the permit and this subchapter.
(B)
All
wastes removed from private sewage facilities shall be hauled and
disposed in an organized disposal system for final disposition. Any
person or entity removing waste from a private sewage facility, or
hauling waste so removed shall take it to an organized disposal system
and deposit there for final disposition (or to see to such taking
and deposit) all such waste removed by him or it and all such waste
hauled by him or it; and the owner of a sewage facility shall not
allow waste to be removed from such facility by another unless the
party removing it first agrees to promptly take same to an organized
disposal system and deposit it there for final disposition and the
owner reasonably and in good faith believes that such removing party
will do so, or unless the owner has in effect other arrangements which
he reasonably and in good faith believes will result in the waste
being so taken and deposited promptly upon removal. The owner of each
organized disposal system shall establish a reasonable policy for
the acceptance of all sludge, sewage or other waste.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
Any
person or entity desiring to create a subdivision in which the lots
therein require sewage disposal must receive approval from the city
before the subdivision shall be approved by the city. This approval
must be obtained before the subdivision plat shall be approved and
before same may be recorded. Percolation tests shall be required on
each lot in each such new subdivision, which is proposed to be served
by septic tank or other non-containment facility and which may not
be feasibly connected to an organized disposal system.
(B)
If the city or its representatives find that one or more portions of a subdivision is suitable for septic tank development, and the remainder is not suitable, it may specify those lots which are found suitable and those which are not found suitable. The city may make similar specifications regarding any proper other non-containment private sewage facility. The city’s approval of a subdivision or one or more lots thereof, for septic tank system development, or for development with proper other non-containment private sewage facility, shall not constitute a permit for septic tank system (other non-containment private sewage facility) for any one or more lots in the subdivision, and notwithstanding any such approval, each private sewage facility installed within the subdivision must in all events be individually inspected in the manner provided for in the other sections of this subchapter. If application respecting a subdivision is not first made under this § 53.022, then no permit will be granted respecting any lot in the subdivision except that a proper non-containment sewage facility other than septic tank is not rendered ineligible for permit by reason of there being no applicable approval for septic tank system development in the subdivision under this § 53.022, if the city in its action respecting the subdivision expressly and affirmatively gives applicable approval to such proper other non-containment private sewage facility, and provided, further however, that if in the city’s action under this § 53.022 expressly disapproves a subdivision (or any lot or lots in same) for a particular type of other non-containment private sewage facility, then, no permit (or application for same) will be granted for such type of other non-containment private sewage facility with respect to any lot or lots as to which such disapproval thereof has been made.
(C)
On
all subdivision plats approved for recording by the city after the
effective date of this subchapter, there shall be conspicuously written
on the face thereof for recording a legend stating appropriate limitation
with respect to the use of sewage facilities thereon where an organized
disposal system is not available to all or some of the lots thereof.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
All
persons owning or using any private sewage facility located either
in the city limits or in it extraterritorial jurisdiction, which is
in existence on the effective date of this subchapter are subject
to inspections of such systems to determine the efficiency of operation.
If it is found after inspection that such system does not function
properly, or that it will pose a danger of possible pollution or possible
injury to public health, or that it will cause or allow sewage or
odor therefrom to go onto neighboring property, or that it will otherwise
not meet the standards set forth in this subchapter for a properly
operating private sewage facility, the property owner or occupant
will be so notified. This notification will constitute legal condemnation
proceedings and will place the burden of repair, reconstruction, or
closing of such facility directly upon the property owner. Once the
system is condemned, the property owner will have three days in which
to file an application, and have 15 days from the date of application
to complete the repairs, reconstruction or closing and filling of
the facility as may be necessary to meet the health standards of this
chapter. If weather, or a suitable construction company is not available
during this time period, the city shall be notified and a maximum
extension of ten days may be granted. After that time the property
owner is subject to the penalties specified in this subchapter. Further,
when a definite health hazard has been established and condemnation
notification issued, the city reserves the right to refuse the sale
of water to the property owner until such time as corrective action
as specified by this subchapter has been taken.
(B)
In
the case of common outdoor privies, same will be prima facie deemed
not to meet the standards required of this subchapter, and may be
condemned without further testing or inspection, in which case the
owner of the property shall be charged with the responsibility of
closing and filling such privy, unless he can establish by competent
evidence that same does meet the standards set forth in this subchapter.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
Private
sewage facilities.
In order for a new private sewage
facility to be constructed under this subchapter the design of such
private sewage facility shall, in addition to any other or further
requirements that may be appropriate in the particular case, be in
accordance with the guidelines of the Regulations for Individual Septic
Tank Systems, Travis County Health Department, September, 1972, and
amendments thereto. Should any applicant desire to install a private
sewage facility of a design other than that already approved by the
Texas State Department of Health, the applicant must receive approval
of its design from the State Department of Health before it will be
permitted under this chapter.
(B)
Organized
disposal systems.
Prior to the construction of an organized
disposal system the necessary approval and permits must be obtained
from the city.
(Ordinance 68-75-5-19, passed 5-19-75)
It shall be unlawful and a violation of this subchapter for any person to construct, install, place, maintain, hold available for use, use, operate, or discharge sewage into any private sewage facility or organized disposal system, or to perform maintenance or service on any private sewage facility or to remove (or as owner allow removal of) waste from a private sewage facility, or haul waste so removed, contrary to the terms of, or in circumstances, conditions, or situations or at times or places where or in which such is prohibited by, this subchapter, or to do any act or thing or engage in any conduct prohibited by this subchapter, or to do any act or thing or engage in any conduct prohibited by the terms of this subchapter, or with respect to any private sewage facility or organized disposal system owned or controlled by such person or entity to suffer or allow any conditions, a situation, or use prohibited by this subchapter or to fail to do any act required by the terms of this subchapter, or for any subdivider with respect to his (or its) subdivision or the plat thereof to comply with or act contrary to the provisions of § 53.022 hereof applicable to subdividers, or for any person or entity to file with the city any materially false written report or statement in connection with any permit or certification of repair under this subchapter or any other matter in connection with the administration of this subchapter, or to cause same to be so filed, or to make same (or cause same to be made) believing that it will or may be so filed which report the maker, or the filer, or the one causing same to be so made or filed, respectively, does not in good faith believe to be true, or to otherwise violate any of the terms or provisions of this subchapter.
(Ordinance 68-75-5-19, passed 5-19-75)
(A)
Any
person violating, at any time more than 30 days after the day this
subchapter is adopted, any of the provisions of this subchapter shall
become liable to the city for any expenses, loss or damages occasioned
by the city by reason of such violation.
(B)
The
purpose of this subchapter being to promote the health, sanitation,
safety and welfare of the public, any violation of this chapter is
declared to be a public nuisance and the city or any individual adversely
affected by such violation may obtain an injunction restraining such
violation of this subchapter.
(Ordinance 68-75-5-19, passed 5-19-75)
