Editor’s note–Article 13.02 pertaining to on-site sewage facilities was repealed and replaced with similar provisions. See end of this article for full history for this article.
The town clearly understands that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities (“OSSFs”), and will fully enforce chapter 366 of the Texas Health and Safety Code (“THSC”) and chapters 7 and 37 of the Texas Water Code (“TWC”), and associated rules referenced in section 13.02.004 of this article.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
The provisions of this article and the rules adopted herein
shall apply to all the area lying within the incorporated limits of
the town.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
Any permit issued for an on-site sewage facility within the jurisdictional area of the town, must comply with the rules adopted in section 13.02.004 of this article.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
The rules set forth in title 30 Texas Administrative Code (“TAC”)
chapter 30, subchapters A and G, and in title 30 TAC chapter 285,
promulgated by the Texas Commission on Environmental Quality (“TCEQ”)
for on-site sewage facilities, are hereby adopted, and all officials
and employees of the town having duties under said rules are authorized
to perform such duties as are required of them under said rules.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
The rules set forth in 30 TAC chapter 30, subchapters A and
G, and in 30 TAC chapter 285 and all future amendments and revisions
thereto are incorporated by reference and are thus made a part of
this article.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
The town wishing to adopt more stringent rules for its OSSF
article understands that the more stringent local rule shall take
precedence over the corresponding TCEQ requirement. Listed below are
the more stringent rules adopted by the town which have been approved
by TCEQ:
(1)
All on-site sewage facilities require a permit regardless of tract
or lot size.
(2)
All new lots or tracts of land utilizing an on-site sewage facility
shall have a minimum of 1 acre of land and all new tracts of land
utilizing an on-site sewage facility shall have a minimum of 2 acres
of land when any water well is present.
(3)
Only a registered professional engineer, a registered professional
sanitarian that has a site evaluator certification, or a professional
soil scientist that has a site evaluator certification shall perform
site evaluations.
(4)
Portable toilets and holding tanks for temporary structures shall
be considered as temporary, and shall be limited to a maximum of six
months use at any site.
(5)
All alternative reuse water systems, graywater systems and combined
reuse systems shall be permitted, inspected and maintained as an on-site
sewage facility.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
The OSSF designated representative (“DR”) (30 TAC
section 285.2(17)) of the town must be certified by the TCEQ before
assuming the duties and responsibilities under the rules adopted by
this article.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
All fees collected for permits and/or inspections shall be made
payable to the town. A fee of $10.00 will also be collected for each
on-site sewage facility permit to be paid to the credit of the TCEQ
Water Resources Management Account as required by the THSC, chapter
367.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the town council.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
(a)
The town clearly understands that, at a minimum, it must follow the
requirements in 30 TAC section 285.71, authorized agent enforcement
of OSSFs.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
This article adopts and incorporates all applicable provisions related to on-site sewage facilities, which includes, but is not limited to, those found in chapters 341 and 366 of the Texas Health and Safety Code; chapters 7, 26, and 37 of the Texas Water Code; and 30 TAC chapters 30 and 285.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
(a)
If the town council decides that it no longer wishes to regulate
on-site sewage facilities in its area of jurisdiction, the town council,
as the authorized agent, and the TCEQ shall follow the procedures
outlined in 30 TAC section 285.10(d)(1) through (4).
(b)
After relinquishing its OSSF authority, the town council, as the
authorized agent, understands that it may be subject to charge-back
fees in accordance with 30 TAC section 285.10(d)(5) and section 285.14
after the date that delegation has been relinquished.
(Ordinance 383-06, sec. 1, adopted 1/17/06; Ordinance 434-07 adopted 9/18/07; 2004 Code,
secs. 13.201–13.211; Ordinance 621-17 adopted 9/19/17)
