(a) 
Standards and rules adopted.
The currently applicable standards and rules promulgated by the state commission on environmental quality which are entitled “Private Sewage Facility Regulations” and by the Lower Colorado River Authority (LCRA) which are entitled “Supplemental Standards to the Texas Department of Health Construction Standards for Private Sewage Facilities” shall apply.
(b) 
Water quality zone established.
(1) 
The village designates all of the area within its corporate limits as a water quality zone.
(2) 
The village has entered into an agreement with LCRA for the surveillance and inspection of private sewage facilities in all areas of land within the village.
(c) 
Sewage facilities restricted.
(1) 
No sewage facility or facilities may be constructed, placed, maintained, or held available for use within the water quality zone except:
(A) 
Sewage facilities of an organized disposal system authorized by valid permit issued by LCRA.
(B) 
Private sewage facilities installed pursuant to permits and licenses issued by LCRA.
(2) 
It shall be unlawful to make, suffer, or allow sewage discharge of any kind except in accordance with sewage facilities authorized or permitted in subsection (c)(1) of this section.
(d) 
Fees.
(1) 
Inspection and licensing fees shall be set by the village at a level which will be designated to cover the direct costs and overhead of administrating the program. The fee schedule shall be arrived at in consultation with LCRA officials.
(2) 
Fees shall be charged directly to the individual applicants, shall be collected by the village, and shall be remitted as required to LCRA.
(Ordinance 85-06-18-01, secs. 1-4, adopted 6/18/85)
(a) 
On-site facility required when public sewer not available.
Where a public sanitary sewer is not available, a building sewer main must be connected to an on-site sewage facility complying with the rules contained in this section.
(b) 
Rules adopted; enforcement.
(1) 
The Administrative Rules and Construction Standards, promulgated by the state commission on environmental quality and the department of state health services, are accepted, except for fee schedule attached to Ordinance No. 03-03-92-01, and are hereby adopted.
(2) 
The health officer of the village is hereby declared the designated representative for the enforcement of these rules.
(c) 
Appeals.
Appeals by persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the board of aldermen of the village.
(d) 
Area of jurisdiction.
The rules adopted by this section shall be applicable to all areas within the corporate boundaries of the village.
(e) 
Penalty.
In addition to such penalties as may be provided by state law, violation of any provisions of this section shall be deemed a misdemeanor punishable in the municipal court of the village by a fine of not more than the maximum amount for the same offense provided by state law. Each day of a continuing violation is considered a separate offense.
(Ordinance 03-03-92-01, secs. 1-5, adopted 3/3/92)
The excavation and/or mining of soil within fifty (50) feet of a septic system absorption or evapotranspiration field is prohibited without a valid permit. Violators are subject to a fine as provided in section 1.01.009 of this code. Each day that a violation exists is considered a separate offense.
(Ordinance 04-12-90-01 adopted 4/12/90)
(Ordinance 10-20-92-02, sec. 1, adopted 10/20/92)
This division may be cited as the “private sewage treatment and septic tank ordinance.”
(Ordinance 10-20-92-02, sec. 1, adopted 10/20/92)
This division is enacted to promote and preserve the health, safety, and general welfare of the citizens of the village by regulating the quality, design, construction, modification, location, and uses of private sewage facilities within the village.
(Ordinance 10-20-92-02, sec. 2, adopted 10/20/92)
LCRA standards.
Refers to the Construction and Design Standards for Private Sewage Facilities adopted by the Lower Colorado River Authority (LCRA), including the standards as they hereafter may be modified.
Permit.
A permit to construct, modify, or replace a private sewage facility issued by LCRA.
Person.
Any individual, corporation, partnership, association, trust, or any other entity.
Private sewage facility.
Any septic system or other facility, system, or method for the storage, treatment, or disposal of sewage (other than a disposal system regulated by the state commission on environmental quality) which serves only an individual household, multiple-unit residential structure, or commercial establishment within a designated area.
Village inspector.
The village inspector, and the term includes any assistant village inspector.
(Ordinance 10-20-92-02, sec. 3, adopted 10/20/92; Ordinance adopting Code)
Any person violating any provision of section 13.03.036 or 13.03.037 of this division shall be guilty of misdemeanor, and upon conviction shall be fined as provided in section 1.01.009 of this code. Each day that said violation shall be allowed to continue shall be deemed a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the village may have.
(Ordinance 10-20-92-02, sec. 9, adopted 10/20/92)
(a) 
The office of village inspector is hereby created.
(b) 
The positions of village inspector and assistant village inspector shall be filled by appointment of the mayor, with the approval of the board of aldermen. The qualifications of the village inspector shall be in accordance with state law, and may be supplemented by further qualifications deemed necessary by the board of aldermen.
(c) 
The village inspector shall perform all inspections required by this division.
(d) 
The compensation paid to the village inspector and any assistant village inspector shall be determined by the board of aldermen.
(Ordinance 10-20-92-02, sec. 8, adopted 10/20/92; Ordinance adopting Code)
(a) 
Any and all of the following conditions are hereby specifically declared to be nuisances dangerous to public health:
(1) 
All sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in the transmission of disease to or between any person or persons;
(2) 
Any vehicle or container used in the transportation of human excreta or other organic material which allows leakage or spilling of its contents;
(3) 
The deposit, storage, discharge, or exposure of sewage in a manner as to be a potential medium in the transmission of disease;
(4) 
The maintenance of any open or overflowing private sewage facility which permits access to waste by insects or other possible carriers of disease; or
(5) 
The deposit, storage, discharge, or disposal of sewage in a manner that emits noxious odors.
(b) 
Every person owning or in possession of any property on which there is a nuisance shall abate said nuisance.
(Ordinance 10-20-92-02, sec. 4, adopted 10/20/92)
(a) 
No person shall construct, modify, or replace a private sewage facility without a permit having first been issued to said person by the Lower Colorado River Authority (LCRA).
(b) 
No person shall allow the construction, modification, or replacement of a private sewage facility on property which he or she owns or leases without a permit having first been issued for such construction, modification, or replacement by LCRA.
(c) 
No permit shall be issued to any person unless the plans for the proposed private sewage facility are in compliance with LCRA standards.
(d) 
If an application for a permit is denied, the village inspector shall notify the applicant of such fact in writing and state the reason or reasons for denial.
(e) 
A permit issued by LCRA shall be revoked if, after issuance of the permit, there is any alteration or modification of the private sewage facility or the plans therefor which results in the facility no longer complying with the provisions of this division. The village inspector shall notify the permittee of the revocation in writing.
(f) 
The village inspector shall have access to the property on which the private sewage facility is being constructed during the entire period of construction for the purpose of verifying compliance with this division.
(g) 
After construction of the private sewage facility is complete, but before the facility is buried, a final inspection shall be made by the village inspector to determine whether or not the facility is in compliance with this division. If the village inspector determines that the facility as constructed is not in compliance with this division, no certificate of occupancy for the premises to be served by the private sewage facility shall be issued by the village.
(Ordinance 10-20-92-02, sec. 5, adopted 10/20/92)
All applications for permits shall be made upon forms provided by LCRA.
(Ordinance 10-20-92-02, sec. 6, adopted 10/20/92; Ordinance adopting Code)
(a) 
All requests for variances must be submitted in writing to the village clerk. No request for a variance shall be accepted by the village unless accompanied by the required variance request fee. The variance request will be reviewed by the zoning and planning commission. Upon recommendation of the zoning and planning commission, the board of aldermen may authorize a variance from this division when it appears that undue hardship will result from requiring strict compliance with this division.
(b) 
In consideration of a variance request, the zoning and planning commission and the board of aldermen shall take into consideration the nature of the proposed use of the land involved and the probable effect upon the public health, safety, convenience, and welfare in the vicinity.
(Ordinance 10-20-92-02, sec. 7, adopted 10/20/92)