The city has also found it necessary and advisable from time to time to adopt additional rules and administrative procedures to regulate OSSFs within its jurisdiction which reflect specific local conditions, desires, and needs unique to the city, but which the city has not considered nor intended to be more restrictive/stringent than any TCEQ requirement. Such supplemental rules and procedures follow:
(1) Permitting and licensing of on-site sewage facilities.
(A) A permit shall be obtained from the designated representative prior to installing, or modifying an on-site sewage facility.
(i) All permit fees shall be collected by the city at the time the application is made. Fees are not refundable.
(ii) The city may, by resolution, establish permit fees to cover the cost of applications, inspection, and other costs incurred by the city in the administration of this division.
(iii) When substantial changes in design of an on-site sewage facility are made after issuance of a construction permit, the city inspector shall review the changes and payment of an additional permit fee is required.
(iv) Applicants or individuals contemplating the removal of live vegetation of any kind for any reason to accomplish the work to be allowed under a permit to install or substantially modify an on-site sewage facility, shall schedule a vegetation inventory or “tree count” with the city inspector. No permit shall be issued and no live vegetation shall be removed unless and until the city inspector has completed such inventory or “tree count.”
(B) A license shall be obtained from the designated representative prior to operating a new on-site sewage facility or an existing on-site sewage facility to which substantial modifications have been made.
(i) If an application for a license is rejected, the city shall notify the applicant of such fact in writing and state the reason or reasons for rejection. Upon rejection of an application, the city may issue temporary license containing such terms and conditions as it deems suitable.
(ii) License for an on-site sewage facility shall be issued for a one-year period if it is located in the waterfront zone and for a three-year period if it is located outside the waterfront zone. Renewal licenses shall be issued under the terms and conditions of this section. License for commercial property sewage facility shall be issued for a one-year period. The issuance of a license in no way relieves a property owner from his obligation and responsibility of maintaining his on-site sewage facility in properly functioning order, safe to public health.
(iii) A license issued by the city is revoked if there is any construction or modification on the site which affects the sewage load of an on-site sewage facility without first obtaining the approval of the city. The following shall be added to the city septic license:
“This license is revoked if there is any change to the originally approved use, alteration or modification to any structure, building, or residence or any addition of new construction on the property which affects the sewage load of this on-site sewage facility without first obtaining the approval of the city.”
(iv) All septic tanks will be inspected and pumped at least once a year for commercial and once every three years for residential systems and the city furnished a copy of the pumping company invoice. The city administrator may vary the three-year requirement to pump residential systems based upon demonstrated loading rates.
(C) No person, except the person owning or having the right of possession and use of the property upon which a proposed on-site sewage facility is to be located, or a designated representative, may apply for a permit or license to install, modify or operate an on-site sewage facility.
(D) The design, construction, installation, modification, operation or maintenance of each on-site sewage facility shall meet the requirements set forth in the standards.
(E) No person may cause, suffer, allow or permit the installation or substantial modification of an on-site sewage facility unless a permit has been first issued by the designated representative.
(F) No component of a new on-site sewage facility or of a substantial modification of an on-site sewage facility shall be covered by soil or other material until the designated representative has inspected and approved the component. Provided, however, absorption trenches, evapotranspiration beds or absorption beds may be partially backfilled, except that ends and other critical areas shall not be covered until the designated representative has determined that the installation or modification complies with this division, the standards, and special conditions, if any, specified in the permit authorizing the installation or modification.
(G) No person may cause, suffer, allow, or permit the operation or use of a new on-site sewage facility, or an on-site sewage facility that has been substantially modified, unless an operating license has been issued by the designated representative.
(H) Due to the fact that some of the land within the city lies over the Edwards Aquifer Recharge Zone, an environmentally sensitive area, and is subject to the more stringent regulations contained in the standards which are specifically applicable to on-site sewage facilities on the recharge zones of the Edwards Aquifer, the installation of a new on-site sewage facility on a lot or tract which is smaller than one acre, or which fails to meet the other criteria contained in the standards, is prohibited. The foregoing notwithstanding, a new on-site sewage facility may be constructed on a lot smaller than one acre if such lot was platted and recorded in the county deed or plat records prior to November 21, 1983; provided that it is demonstrated by an analysis performed by a registered professional engineer or registered professional sanitarian that the facility can be operated on such lot or tract without causing a threat or harm to the public health or an existing or proposed water supply system, and without creating the threat of pollution or nuisance conditions.
(I) No person may cause, suffer, allow or permit the operation or maintenance of an on-site sewage facility in a manner that causes pollution, injury to public health, or nuisance conditions.
(J) No on-site sewage facility for a single-family residence shall be installed within the city on a lot or tract of land less than one acre and does not lie over the Edwards Aquifer Recharge Zone unless:
(i) The lot is in a subdivision legally platted, approved, and recorded in the office of the county clerk prior to May 5, 1970.
(ii) The tract was divided by metes and bounds description and legally recorded in the office of the county clerk prior to May 5, 1970.
(K) Combining more than one dwelling’s sewage in one septic system requires the prior approval of the city council.
(L) On-site sewage facilities for two-family residential dwellings are authorized only on lots or tracts of land not over the Edwards Aquifer Recharge Zone with an area of at least one acre or one-quarter acre per bedroom for each family unit and unless:
(i) The lot is in a subdivision legally platted, approved and recorded in the office of the county clerk prior to May 5, 1970.
(ii) The tract was divided by metes and bounds description and legally recorded in the office of the county clerk prior to May 5, 1970.
(M) Specific authorization is required by the city council and no on-site sewage facility shall be installed on a lot or tract of land containing less than one-quarter acre per bedroom for each family unit. All on-site sewage facilities for two-family residential shall have septic tanks with two or more compartments, shall be large enough to accommodate a two-day sewage loading and include sufficient usable land for a primary and alternate disposal field. Combining more than one dwelling’s sewage in one disposal system requires the prior approval of the city council.
(N) Where a residential use more intense than a single-family residence is involved or anticipated, a permit shall not be issued to construct a disposal system until the applicant for such permit shows to the satisfaction of the city and produces evidence of a registered engineer or registered sanitarian that a disposal system will be capable of functioning properly.
(O) No on-site sewage facility for commercial property (nonresidential) shall be installed within the city on a lot or tract of land less than 1-1/2 acres. In determining whether lots are suitable for any type disposal system development, the city shall require such information, supporting data, soil percolation tests, soil borings, and other tests reasonably necessary to determine whether a disposal system including sufficient usable land for a primary and alternate disposal field each of 6,000 square feet on slopes of less than 30 percent will function properly on each lot in the subdivision in accordance with the criteria set out in this division. The cost of all tests shall be borne by the applicant and the city shall have the right to witness all tests and inspect the property. All tests must be certified by a registered professional engineer, registered sanitarian, or other person who, in the opinion of the city, is qualified to make the determination. All on-site sewage facilities for commercial property (nonresidential) shall have septic tanks with two or more compartments, shall be large enough to accommodate a three-day sewage loading, and shall include sufficient usable land for a primary and alternate disposal field. No more than 4,000 gallons of effluent per building per day shall be disposed into one field. Over 4,000 gallons per building per day effluent disposal shall require an on-site package treatment plant or other means of disposal as approved by the state commission on environmental quality.
(P) Where a commercial use more intense than a single-family residence is involved or anticipated, a permit shall not be issued to construct a disposal system until the applicant for such permit shows to the satisfaction of the city and produces evidence of a registered engineer or registered sanitarian that a disposal system will be capable of functioning properly.
(Q) Upon satisfactory evidence that an on-site sewage facility has been properly constructed in compliance with this section, the city shall issue a license in accordance with this division.
(2) Permit to construct or modify an on-site sewage facility.
(A) Any person desiring to build, alter, or replace on-site sewage facilities shall be required to obtain a permit from the city before any construction work is begun.
(B) No building permit shall be issued until either an application for a permit to construct, modify or replace an on-site sewage facility has been filed and approved by the city, or it is shown to the satisfaction of the city that the building is to be served by an organized disposal system.
(C) An application for a permit to construct a new on-site sewage facility or to make substantial modifications to an existing on-site sewage facility shall comply with local procedures and must clearly show the information from the submittal checklist located on the city’s website.
(D) The application shall not contain any false information or conceal any material facts.
(3) Conditions for obtaining a construction permit.
(A) To obtain a permit to construct an OSSF, the following conditions must be met:
(i) The design of the OSSF must meet the construction standards of this division and all minimum construction standards promulgated by the TCEQ.
(ii) Each lot upon which an OSSF is to be located must have an area of at least one acre (43,560 square feet), unless such lot was platted and recorded in the county plat records or deed records prior to May 5, 1970, if not over the Edwards Aquifer Recharge Zone, or November 21, 1983, if over the Edwards Aquifer Recharge Zone, and meet the requirements set forth in this division.
(iii) A permit shall not be issued except as indicated below to construct an on-site sewage disposal system if the slope of the ground where the primary or alternate sewage disposal field is to be located exceeds 15 percent.
a. Narrow trench type soil absorption systems (conventional or low pressure dose) may be located on slopes up to and including 25 percent providing that all other applicable requirements are met according to the criteria and setback limitations set forth in the most current version of title 30, chapter 285, and section
18.03.066 above. Such systems shall also be located on slopes up to and including 30 percent provided that they meet the requirements noted above and are hand excavated with the spoils removed as they are excavated.
b. The permit application for any OSSF on natural slopes between 15 percent and 30 percent and for existing systems which require replacement shall establish to the satisfaction of the city inspector and shall provide evidence from a state registered engineer or registered sanitarian that the system will meet the most current TCEQ standards, and will be capable of functioning properly at that site.
c. A certified ground survey with one-foot interval contours shall be required for both the primary and alternate disposal field areas for all systems regardless of slope conditions. The survey shall be sealed and certified by a state registered public surveyor.
d. New development on lots subdivided after July 1, 1991 shall not dispose effluent on natural slopes in excess of 30 percent.
e. When disposal by conventional or alternative soil absorption is proposed, the city inspector must do a vegetation inventory or “tree count”. No permit shall be issued and no live vegetation shall be removed unless and until the city inspector has completed a vegetation inventory or “tree count.”
(B) No permit shall be issued to construct a on-site sewage facility within the city unless the city finds, on the basis of tests, inspections, and reports as it deems appropriate, that the nature of the soils and the drainage of the property, including sufficient area for an alternate disposal field, will permit the use of the proposed facility. In making such determination, the city shall consider the following:
(i) The location of the property;
(ii) The location (or proposed location) of the OSSF on the property;
(iii) The nature of the use (or proposed use) of the property;
(iv) Total proposed maximum area of impervious surfaces;
(v) The probable population density of the development and the adjacent area;
(vi) The anticipated sewage load (daily sewage flow per capita);
(vii) The soil absorption capacity;
(viii) The location of intermittent springs;
(ix) The proposed subsurface soil absorption or evapotranspiration system;
(x) The depth of and characteristics of subsurface impervious strata;
(xii) The quantitative geologic description of soil and rock encountered by profile holes;
(xiii) Topography or ground slope and drainage characteristics in the area of the proposed facility;
(xiv) The volume of soil removed or relocated during construction;
(xv) The septic tank capacity and the requirement for a two-compartment tank or two single-compartment tanks, installed in series with the first tank comprising between one-half and two-thirds of the total storage capacity;
(xvi) The distance from floodplains, wells, lakes, creeks, faults, and water lines;
(xvii) The possible contamination of streams, lakes, creeks, groundwater, or waterlines;
(xviii) The usable land available for the primary and alternate absorption fields;
(xix) Whether alternate methods would be more suitable; and
(C) All OSSFs shall be constructed in accordance with the requirements contained in the current edition of title 30, chapter 285, as amended. Where any conflict exists between the state standards and the city standards, the city standards shall govern, provided such standards do not fall below state standards. The city shall require a 25 percent increase in field sizing above the state standards. The city shall require a leak monitor detection system for lined and partially lined evapotranspiration beds or trenches.
(D) The city may require such additional tests and inspections as it considers appropriate to determine whether the proposed construction will comply with the provisions of this division. It shall require that the proposed construction and the on-site sewage facility as constructed be approved by the inspectors. All tests and inspections shall be at the expense of the owner.
(E) The city shall have the right to select and engage sanitarians or engineers, or any combination thereof, to conduct investigations, tests, examine plans and specifications, present evidence, advise and represent the city, and assist the applicant in the development of a on-site sewage facility in accordance with the provisions of this division; and the applicant shall be required to reimburse the city for reasonable costs of such services.
(F) The city shall have access to the property during construction of an on-site sewage facility for the purpose of verifying compliance with this division. After construction is completed, a final inspection shall be made by a city inspector.
(4) Approval of new or modified on-site sewage facilities.
(A) Each new on-site sewage facility and each existing on-site sewage facility that has been substantially modified shall be inspected and approved by the designated representative at all critical stages of construction, according to the inspection schedule prescribed by the designated representative. The person installing or modifying the facility shall give the designated representative at least two work days’ advance notice of the need for an inspection at a particular stage. Additionally, the applicant or installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(B) Within five days after completing the final inspection of a new or modified on-site sewage facility, the designated representative shall make a finding on the issuance of an operating license, based upon the information obtained from the inspection and any other information available to the designated representative. Upon a finding that the facility complies with the requirements of this division, and upon receipt of a letter of certification from a registered professional engineer or registered professional sanitarian that the facility has been installed or modified in accordance with the requirements of this division, the designated representative shall issue a license to operate the facility to the applicant. Upon a finding that a license to operate the facility will not be issued, the designated representative shall notify the applicant in writing within five days of that finding, and shall include in the notice the reasons for denying the issuance of the license.
(C) A license issued pursuant to this division shall be for a term outlined in this division, and shall be transferred to a succeeding owner if the facility has not been substantially modified without authorization subsequent to issuance of the operating license. Upon the request of a new owner of a licensed on-site sewage facility, the designated representative shall transfer the license to the new owner.
(5) Information to be provided to certain purchasers, lessees and renters.
Any person desiring to construct a residential development containing two or more lots upon which on-site sewage facilities will be utilized and located, in whole or in part, over the Edwards Aquifer recharge zone, as such recharge zone is defined by the state commission on environmental quality (TCEQ), and desiring to sell, lease, or rent the lots therein, must give written notice to each prospective purchaser, lessee, or renter of the following:
(A) That each lot within the regulated development is subject to the requirements of this division;
(B) That a permit to construct must be obtained from the city before an on-site sewage facility can be constructed in the subdivision;
(C) That a license to operate an on-site sewage facility must be obtained from the city; and
(D) Whether or not an application for a water pollution abatement plan, as defined in 30 T.A.C. chapter 213, has been submitted to the TCEQ, and whether or not such application has been approved, together with a description of any restrictions or conditions placed on that approval.
(6) Approval for subdivisions where on-site sewage facilities may be used.
(A) This division shall apply to all proposed subdivisions within the city and in the city’s extraterritorial jurisdiction, and these subdivisions shall comply with title 30, chapter 285.
(B) No subdivision plat shall be recorded until approved by the city pursuant to this section.
(C) All plats shall meet all the requirements of article
26.02 and chapter
36 and shall show any existing on-site sewage facilities or parts thereof.
(D) Before the city approves any subdivision plat, the applicant shall demonstrate and certify that all lots, other than those served by an organized sewage system, will support the installation of private on site sewage disposal facilities.
(E) In determining whether lots will support private on site sewage disposal facilities, the city may require such information, supporting data, profile holes, soil borings, or other tests reasonably necessary to determine whether disposal systems, including sufficient usable land for primary and alternate drain fields of 6,000 square feet each on natural slopes of less than 30 percent, will function properly on each lot in the subdivision in accordance with the criteria of this division. The applicant shall bear the cost of all tests and the city shall have the right to witness all tests and inspect the property. All tests must be certified by a registered professional engineer, registered sanitarian, or other person whom the city deems qualified to make such determination.
(F) If any lot in the proposed subdivision located within the city’s municipal boundaries is not served by an organized disposal system, the plat shall not be approved unless it bears a conspicuous legend stating:
“Septic systems: Every lot within the city’s municipal boundaries in this subdivision is subject to the City of West Lake Hills’ sanitation ordinance, as amended, in article
18.03, division 3, of the city Code. No septic system or other on-site sewage facility may be constructed on those city lots until the City of West Lake Hills has issued a permit for their construction. No on-site sewage facility in the city limits may be used until the facility has been approved and licensed by the city. Lot size requirements for residential and commercial on-site sewage facilities shall conform to construction and development limitations in the Sanitation Ordinance 108, as amended, in article
18.03, division 3, of the city code.”
(G) If the city has determined that any lot in the subdivision is not suitable for a disposal system, the plat shall not be approved unless the legend also contains substantially the following additional language:
“Notice. Lot (designating the lot by number) has been determined not suitable for septic system development.”
(7) Noncomplying on-site sewage facilities.
(A) Upon receiving notification that an on-site sewage facility is being operated in a manner that is causing or will cause pollution of the Edwards Aquifer or other areas of the city or otherwise violates the requirements of this division, the designated representative shall make an on-site investigation to determine if the facility complies with the requirements of this division. If the designated representative determines that the facility violates the requirements of this division, the cost of any inspection or tests conducted by the designated representative in the course of the on-site investigation shall be assessed against the property owner, which shall be immediately due and payable to the city, and may be billed to the property owner.
(B) If the designated representative determines that an on-site sewage facility violates the requirements of this division, he shall give written notice thereof to the property owner.
(C) A property owner shall, within 30 days of receiving a notice of noncompliance from the designated representative, complete all repairs or other work necessary to bring the facility into compliance with the requirements of this division and shall present evidence of compliance to the designated representative. If adverse weather or other problems outside the control of the owner prevent the performance of such work during this period, the designated representative shall grant an extension not to exceed an additional 30 days. Additional extensions of time can only be granted by the city council.
(i) If noncompliance has not been corrected within the period allowed for its correction, the city shall revoke the license or permit and notify the property owner in writing.
(ii) If the city determines that continued use of an OSSF constitutes an immediate threat to the public health and welfare, the city health authority may revoke the license by notice to the owner(s) and/or persons in possession of the property and direct that use of such facility cease immediately.
(iii) A license or permit which has been revoked is void and of no effect as if the license or permit had never been issued.
(iv) If a complaint has been lodged with the city and tests are required to verify the complaint, the cost of such tests shall be borne by the property owner unless the tests prove negative, in which event, the cost shall be borne by the city.
(D) Failure by a property owner to bring a noncomplying on-site sewage facility into compliance with the requirements of this division within the time prescribed shall constitute a violation of this division, and shall subject the owner to the penalty provided by this division. Further, the city shall revoke the license to operate of any property owner who fails to bring a noncomplying OSSF into compliance with the requirements of this division within the time prescribed by this division.
(8) Chemical toilets and holding tanks.
Neither chemical toilets nor holding tanks are permitted as a permanent means of dealing with sewage; however, the city may authorize the use of either for a period not to exceed 180 days under the following terms and conditions:
(A) Holding tanks must be provided with an audible alarm system which will trigger when the tank is three-quarters full. The alarm shall be placed in a location which can be easily detected by persons responsible for the tank.
(B) Persons authorized use of chemical toilets and holding tanks shall maintain a complete and accurate record of the servicing and emptying of the tank which record shall be delivered to the city inspector on the last business day of every month. This record shall be available to the city inspector at reasonable times and places.
(C) The city may require the temporary use of chemical toilets at construction sites.
(D) The use of either a chemical toilet or a holding tank without the prior approval of the city is prohibited.
(E) Every chemical toilet and holding tank shall be maintained and operated so as not to constitute a nuisance.
(9) Disposal of chemical waste.
Liquid or powdered chemical waste may be toxic to the bacteria in septic tanks and will not be disposed of in an OSSF. Such waste shall be temporarily stored on the premises in a properly designated and maintained container for a periodic pickup and transfer to a licensed waste disposal site.
(10) Experimental OSSFs.
(A) Experimental, nonconventional sewage systems for private on-site sewage treatment may be authorized for use within the city. All requests for experimental on-site sewage facilities must be submitted in writing to the zoning and planning commission. Upon recommendation of the zoning and planning commission, the city council may authorize the use of experimental on-site sewage facilities when, in its opinion, the facility complies with the intent of this article and does not endanger the public health and the environment as provided for the article. The city may require that the experimental facility be approved by the state commission on environmental quality.
(B) Licenses issued for experimental on-site sewage facilities shall be issued for a one-year period. The water pollution control and abatement officer or the city inspector may inspect the experimental facility to determine whether or not the system is operating satisfactorily. If the city finds that the system has performed satisfactorily during the test, the experimental facility may be licensed for periods as provided for in this division.
(11) Notice.
All notices required or permitted under this division shall be given by written notice delivered by personal service or by registered or certified mail. Notice by mail shall be deemed given when deposited in the United States mail.
(12) Variances.
(A) Variances from the requirements of this division may be granted by the city council.
(B) All requests for variances from the requirements of this division must be submitted in writing to the city secretary. Upon recommendation of the designated representative, the city council may grant a variance.
(C) The city council may prescribe conditions with respect to a variance if such conditions are deemed necessary for or desirable in the public interest.
(D) A variance shall not be granted unless the city council finds that:
(i) There are special circumstances or conditions affecting the property involved, such that the strict application of the requirements of this division would deprive the applicant of the reasonable use of his property;
(ii) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(iii) The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area;
(iv) The granting of the variance will not have the effect of preventing the orderly development of other properties in accordance with the requirements of this division; and
(v) Alternative methods to the installation or modification of the facility would not be suitable.
(E) In making the findings required under this section, the city council shall take into account the nature of the proposed use of the property involved, and the probable effect upon the public health, safety, convenience and welfare in the vicinity of the on-site sewage facility that is the subject of the application for a variance.
(F) A variance may be granted only when in harmony with the general purposes and intent of this division so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute undue hardship.
(G) The findings of the city council, together with the specific facts upon which such findings were based, shall be incorporated into the official minutes of the city council meeting at which the variance was granted or denied.
(H) Any recommendation or findings of the zoning and planning commission may be appealed to the city council. The city council may reverse such recommendations or findings by simple majority vote of those present. This appeal must be filed in writing within 30 days. Upon request of applicant, the commission may allow one postponement of the variance request(s) to the following regular meeting of the commission, at which meeting the commission must either make a recommendation or forward the variance request(s) to the board of adjustment/city council without a recommendation.
(I) If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10) days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days, immediate enforcement action described by section
2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.
(13) Offenses.
A person commits an offense if he/she knowingly:
(A) Disposes of sewage in a manner contrary to the requirements of this division;
(B) Constructs, installs or modifies an on-site sewage facility without a permit;
(C) Operates a new on-site sewage facility, or an on-site sewage facility to which substantial modifications have been made, without a license;
(D) Uses or allows the use of an on-site sewage facility on property owned or possessed by such person in a manner which results in a threat to public health, or causes pollution of the Edwards Aquifer, or is contrary to the provisions of this division;
(E) Removes or hauls waste from an on-site sewage facility unless approved by the state commission on environmental quality or the Austin-Travis County Health Department for such activity;
(F) Permits sewage or effluent to flow onto adjoining property;
(G) Possesses premises upon which there is a nuisance, and then fails to abate the nuisance after notice; or
(H) Violates any provision of this division.
(I) Occupies a property without either:
(i) A functioning connection to the city’s central wastewater system; or
(ii) A licensed, functioning on-site sewage facility.
(Ordinance 373 adopted 9/11/19; Ordinance 2021-004, att. A, adopted 6/23/21)