(a) 
The following definitions shall apply to the enforcement of this section:
Existing septic tank.
A sanitary septic tank in continued use serving a structure or structures on property within the city on the date of sewer availability.
Functioning septic tank.
A sanitary septic tank which does not pose a threat to the public health by virtue of overflow, requirement for pumping, emission of odors, or improper filtration as determined by the sanitarian for the city.
Sewer availability.
Means that a sanitary sewer line has been installed by the city to a point within 100 feet of property being served by an existing privately owned sanitary septic system.
(b) 
The following policy applies to the connection of service to the city sanitary sewer system:
(1) 
If city sanitary sewer service is available within 100 feet of the subject property, the use of an existing septic tank may be continued until the privately owned sanitary septic system ceases to be a functioning septic tank. No privately owned sanitary septic system can be installed after the date of sewer availability. Feasibility of proper hookup will be determined by the city.
(2) 
The charge to the property owner by the city for connection to available city sewer shall be a tap fee plus the applicable capital recovery fee.
(Ordinance 9-88-1, secs. I, II, adopted 9/26/88)
This division repeals and replaces any other on-site sewage facility (OSSF) ordinance for the city.
The city 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 THSC and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in section 13.06.035 of this division.
Any permit issued for an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in section 13.06.035 of this division.
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 city, having duties under said rules are authorized to perform such duties as are required of them under said rules.
The rules, 30 TAC chapter 30, subchapters A and G, and chapter 285 and all future amendments and revisions thereto are incorporated by reference and are thus made a part of these rules.
The city wishing to adopt more stringent rules for its OSSF ordinance 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 city:
(1) 
The minimum lot size required for platted or unplatted subdivisions served by a public water supply is three-fourths (3/4) of an acre.
(2) 
All on-site sewage facilities must be permitted.
(3) 
Site evaluators shall be limited to professional engineers, registered sanitarians and designated representatives who have earned a site evaluator certification.
The OSSF designated representative (DR) (30 TAC, section 285.2(17)) of the city, must be certified by the TCEQ before assuming the duties and responsibilities.
All fees collected for permits and/or inspections shall be made payable to the city. 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.
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the city council.
(a) 
The city clearly understands that, at a minimum, it must follow the requirements in 30 TAC, section 285.71 authorized agent enforcement of OSSFs.
(b) 
This division 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 THSC, chapters 7, 26, and 37 of the TWC and 30 TAC chapter 30, subchapters A and G, and chapter 285.
(a) 
If the city council decides that it no longer wishes to regulate on-site sewage facilities in its area of jurisdiction, the city 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 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 2014-30 adopted 12/18/14)