(Ord. No. B-637, § (a), 12-23-1999)
The findings and facts recited in the preamble of Ordinance
No. B-637, 12-23-1999, are found and determined to be true and correct
and are incorporated as part of this article for all purposes.
(Code 1983, § 7-60; Ord. No. B-339, § 1(7-60), 2-9-1984; Ord. No. B-637, § (b)(7-60), 12-23-1999)
The city council adopts the provisions of V.T.C.A., Health and Safety Code ch. 366, except for the provisions superseded by amendments set forth in section 34-227, and is incorporated into this article for all purposes.
(Code 1983, § 7-61; Ord. No. B-339, § 1(7-61), 2-9-1984; Ord. No. B-637, § (b)(7-61), 12-23-1999)
The provisions of this article apply to all of the incorporated
area of the city.
(Code 1983, § 7-62; Ord. No. B-339, § 1(7-62), 2-9-1984; Ord. No. B-637, § (b)(7-62), 12-23-1999)
A person commits an offense if the person operates an on-site
sewage facility within the city unless the operation is in accordance
with the requirements of this article. Any structure discharging sewage
into an on-site sewage facility within the city must comply with the
provisions of this article.
(Code 1983, § 7-63; Ord. No. B-339, § 1(7-63), 2-9-1984; Ord. No. B-637, § (b)(7-63), 12-23-1999)
The rules consisting of Administrative Rules 30 TAC 285.1—285.91,
promulgated by the Texas Commission of Environmental Quality (TCEQ)
for on-site sewage facilities, are hereby adopted. A copy of these
rules is incorporated by reference and made part of this article for
all purposes. All officials and employees of the city who have duties
under the rules are authorized to perform such duties as are required
of them under the rules.
(Code 1983, § 7-64; Ord. No. B-339, § 1(7-64), 2-9-1984; Ord. No. B-637, § (b)(7-64), 12-23-1999; Ord. No. B-719, § 1(7-64), 5-27-2004)
The city, wishing to adopt more stringent rules for on-site
sewage facilities, understands that the more stringent conflicting
local rules shall take precedence over the corresponding requirements
of the Texas Commission on Environmental Quality (the "commission").
The more stringent local Rules adopted by the city are as follows:
(1)
Regardless
of the acreage, each on-site sewage facility within the city must
have a permit issued by the city.
(2)
A lot
or building site on which an on-site sewage facility is to be located
must have a surface area of one acre or greater.
(3)
An
on-site sewage facility must be installed by a state registered installer
one or two. A homeowner may not install his own system.
(Code 1983, § 7-65; Ord. No. B-339, § 1(7-65), 2-9-1984; Ord. No. B-637, § (b)(7-65), 12-23-1999; Ord. No. B-719, § 1(7-65), 5-27-2004)
The on-site sewage facility inspector of the city, after approval
and certification by the commission, shall serve as the designated
representative for the enforcement of the rules within the city. The
appointed individual must be approved and certified by the commission
before assuming the duties and responsibilities of the designated
representative.
(Code 1983, § 7-66; Ord. No. B-339, § 1(7-66), 2-9-1984; Ord. No. B-637, § (b)(7-66), 12-23-1999)
All fees collected for permits and inspections shall be made
payable to the city. The fees for permits and inspections shall be
established by the city council and may be amended from time to time.
(Code 1983, § 7-70; Ord. No. B-339, § 1(7-70), 2-9-1984; Ord. No. B-637, § (b)(7-70), 12-23-1999; Ord. No. B-719, § 1(7-70), 5-27-2004)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city manager
of the city, by filing a written notice of appeal within ten calendar
days of the decision. The notice shall be submitted to the city manager.
The person filing the appeal shall state the reasons for the appeal
in the notice of appeal. The city manager (or his designee) shall
set a time and place for a hearing on the appeal and shall give notice
to the appellant. The city manager (or his designee) shall conduct
the hearing, giving consideration to testimony and evidence presented.
The city manager (or his designee) shall render a decision based upon
the evidence presented, and shall notify the appellant of the decision
to sustain, modify, or rescind the action of the designated representative.
All decisions will be based upon equivalent environmental protection.
(Code 1983, § 7-71; Ord. No. B-339, § 1(7-71), 2-9-1984; Ord. No. B-637, § (b)(7-71), 12-23-1999; Ord. No. B-719, § 3, 5-27-2004)
(Code 1983, § 7-72; Ord. No. B-339, § 1(7-72), 2-9-1984; Ord. No. B-637, § (b)(7-72), 12-23-1999)
A notice provided for in this article is properly served when
it is given or personally served upon the owner, operator, occupant,
or other person responsible for the condition or violation or a copy
is placed in the U.S. mail addressed to the person to his last known
address.
(Ord. No. B-637, § 3, 12-23-1999; Ord. No. B-719, § 2, 5-27-2004)
If the city decides that it no longer wishes to regulate on-site
sewage facilities, the city council shall follow the procedures outlined
below:
(1)
The
city council shall inform the Texas Commission on Environmental Quality
by certified mail at least 30 days before the published date of the
public hearing notice that it wishes to relinquish the ordinance from
which this ordinance is derived.
(2)
The
city council shall post the required public notice in a newspaper
regularly published or circulated in the city at least 30 days prior
to the anticipated date of action by the city and must solicit written
comments for the 30-day period.
(3)
The
city council shall send a copy of the public notice, a publisher's
affidavit of public notice, and a certified copy of the council's
minutes to the commission.
(4)
Upon
relinquishment of the ordinance, the city shall surrender its area
of jurisdiction to the commission.
(5)
The
city shall pay the commission the appropriate charge back fees for
permitting, inspections and complaint investigations of on-site sewage
facilities in the city.
(Code 1983, § 7-67; Ord. No. B-339, § 1(7-67), 2-9-1984; Ord. No. B-637, § (b)(7-67), 12-23-1999)
A person may not construct, alter, extend, repair, or operate
an on-site sewage facility without having obtained a permit from the
city.
(Code 1983, § 7-68; Ord. No. B-339, § 1(7-68), 2-9-1984; Ord. No. B-637, § (b)(7-68), 12-23-1999)
A person shall apply for a permit in writing to the designated
representative upon forms prescribed by the city. The person shall
submit a set of construction plans, specifications, and accompanying
soil tests for the system to be constructed, for review for compliance
with the rules.
(Code 1983, § 7-69; Ord. No. B-339, § 1(7-69), 2-9-1984; Ord. No. B-637, § (b)(7-69), 12-23-1999)
The designated representative shall issue a permit upon determination
that:
