The town, clearly understands that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, and will fully enforce chapter 366 of the Texas Health and Safety Code and chapters 7 and 37 of the Texas Water Code, and associated rules referenced in section 6.04.003 of this article.
(Ordinance 19-011 adopted 8/12/19)
The rules, title 30 Texas Administrative Code (TAC) chapter 30, subchapters A and G, and chapter 285, promulgated by the TCEQ for on-site sewage facilities are hereby adopted, and all officials and employees of the town having the duties under said rules are authorized to perform such duties as are required of them under said rules.
(Ordinance 19-011 adopted 8/12/19)
The rules, title 30 TAC, chapters 30 and 285, and all future amendments and revisions thereto, are incorporated by reference and are thus made a part of these rules.
(Ordinance 19-011 adopted 8/12/19)
The OSSF inspector of the town, or his duly appointed representative, is herewith declared the designated representative (see 30 TAC § 285.2(17)) for the enforcement of these rules within the jurisdictional area. The appointed individual(s) must be approved and certified by TCEQ before assuming the duties and responsibilities of the designated representative of the town.
(Ordinance 19-011 adopted 8/12/19)
All persons, companies, or other entities applying for permits, inspections, and reinspections shall pay the permit fees as provided in the fee schedule in appendix A of this code. All fees collected for permits and/or inspections shall be made payable to the town. Further, a fee of $10.00 also shall be collected for each on-site sewage facility permit to be paid to the on-site wastewater treatment research council as required by chapter 367 of the Texas Health and Safety Code, as amended.
(Ordinance 19-011 adopted 8/12/19)
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(Ordinance 19-011 adopted 8/12/19)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the town council in writing within fifteen (15) calendar days of said action or decision. Failure to timely appeal renders the action or decision of the designated representative final and binding.
(Ordinance 19-011 adopted 8/12/19)
The town fully understands that, at a minimum, it must follow the requirements in 30 TAC § 285.71, authorized agent enforcement of OSSFs. This article adopts and incorporates all applicable provisions related to on-site sewage facilities, which includes, but is not limited to, those found chapters 341 and 366 of the Texas Health and Safety Code, as amended, chapters 7, 26 and 37 of the Texas Water Code, as amended, and 30 TAC chapter 30, subchapters A and G, and chapter 285, as amended.
(Ordinance 19-011 adopted 8/12/19)
This article adopts and incorporates all applicable penalty 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, as amended. Allegation and proof of a culpable mental state are not required for evidence of an offense committed under this article.
(Ordinance 19-011 adopted 8/12/19)
(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 §285.10(d)(1) through (4), as amended.
(b) 
After relinquishing its OSSF authority, the authorized agent understands that it may be subject to charge-back fees in accordance with 30 TAC §285.10(d)(5) and §285.14 after the date that delegation has been relinquished.
(Ordinance 19-011 adopted 8/12/19)
The town does hereby adopt more restrictive regulations for its OSSF Ordinance and shall take precedence over the corresponding TCEQ requirement, which are as follows:
(1) 
All on-site sewage facilities require a permit regardless of tract or lot size.
(2) 
All new lots or tract of land utilizing an on-site sewage facility shall have a minimum of one (1) acre of land.
(3) 
All new tracts of land utilizing an on-site sewage facility shall have a minimum of one (1) acre of land when any water well is present.
(4) 
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.
(5) 
All portable toilets and portable holding tanks shall be considered as temporary, and shall be limited to a maximum of six months use at any site.
(6) 
All alternative reuse water systems, graywater systems and combined reuse systems shall be permitted, inspected and maintained as an on-site sewage facility if the system has any buried tanks.
(Ordinance 21-017 adopted 8/23/21; Ordinance 21-017.01 adopted 9/13/2021)