The city clearly understands the technical criteria, legal requirements,
and administrative procedures and duties associated with regulating
on-site sewage facilities, and does adopt and will fully enforce chapter
366 of the Texas Health and Safety Code.
(Ordinance 2000-07-01, sec. 5, adopted 7/6/00)
The rules adopted by this article shall apply to all the incorporated
area of the city.
(Ordinance 2000-07-01, sec. 6, adopted 7/6/00)
Any structure discharging sewage into an on-site sewage facility within the jurisdiction area of the city must comply with the rules adopted in section 12.04.004 of this article.
(Ordinance 2000-07-01, sec. 7, adopted 7/6/00)
The rules “Design Criteria For On-Site Sewage Facilities”
and administrative rules 30 TAC 285.1–285.91 attached to Ordinance
2000-07-01, promulgated by the state commission on environmental quality,
for on-site sewage systems 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.
(Ordinance 2000-07-01, sec. 8, adopted 7/6/00)
The design criteria and all future amendments and revisions
thereto are incorporated by reference and are thus made a part of
these rules. A copy of the current design criteria is attached to
Ordinance 2000-07-01 as appendix I.
(Ordinance 2000-07-01, sec. 9, adopted 7/6/00)
The inspector of the city is herewith declared the designated
representative for the enforcement of these rules within its jurisdictional
area. The appointed individual(s) must be approved and certified by
the state commission on environmental quality before assuming the
duties and responsibilities of the designated representative of the
city.
(Ordinance 2000-07-01, sec. 10,
adopted 7/6/00)
All fees collected for permits and/or inspections shall be made
payable to the city.
(Ordinance 2000-07-01, sec. 11,
adopted 7/6/00)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city council.
(Ordinance 2000-07-01, sec. 12,
adopted 7/6/00)
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 and 26 of the Texas Water Code and 30 TAC chapter 285.
(Ordinance 2000-07-01, sec. 13,
adopted 7/6/00)
If the city council decides that it no longer wishes to regulate
on-site sewage facilities in its area of jurisdiction, the city council
shall follow the procedures outlined below:
(1)
The city council shall inform the state 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 its on-site
sewage facility ordinance.
(2)
The authorized agent shall post the required public notice in a newspaper
regularly published or circulated in the area of jurisdiction at least
30 days prior to the anticipated date of action by the authorized
agent.
(3)
The authorized agent shall send a copy of the public notice, a publisher’s
affidavit of public notice, and certified copy of the minutes to the
state commission on environmental quality.
(4)
The executive director shall process the request for relinquishment
and may issue an order relinquishing the authority to regulate OSSFs
within the authorized agent’s jurisdiction or may refer the
request to relinquish to the commission.
(5)
Prior to issuance of a relinquishment order the local governmental
entity and the executive director shall determine the exact date the
authorized agent would surrender its authorized agent designation
to the executive director.
(Ordinance 2000-07-01, sec. 15,
adopted 7/6/00)
(a)
Established.
The city council does hereby establish
the fees, charges, dues, special assessments, impact fees, or other
costs imposed upon any construction, reconstruction, installation,
or repair to on-site septic systems within the city as set forth in
the fee schedule in appendix A of this code.
(b)
Investigation fee when work done without permit.
(1)
Whenever any work for which the rules and regulations of the on-site
facility program require a permit has commenced without first obtaining
said permit, a special investigation shall be made before a permit
may be issued for such work.
(2)
Any investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequently issued. The investigation
fee shall be equal to the amount of the permit fee that would be required
by the program if the permit were to be issued. The payment of such
investigation fee shall not exempt any person from compliance with
all other provisions of the program, nor from any penalty prescribed
by the law.
(c)
Refunds.
(1)
The administrative authority may authorize the refunding of any fee
paid hereunder which was erroneously paid or collected.
(2)
The administrative authority may authorize the refunding of not more
than 80 percent (80%) of the permit fee paid when no work has been
done under a permit issued in accordance with the program.
(d)
Penalty.
Any person, corporation, or association violating any provisions of this section shall be deemed guilty of any offense, and upon conviction shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. The [Each] violation thereof shall be deemed a separate offense, and shall be punished accordingly. Provided, however, compliance may be further sought through injunctive relief in the district court.
(Ordinance 2001-02-01 adopted 2/1/01; Ordinance adopting 2018 Code)
