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 884 adopted 9/5/01; 2004 Code, sec. 13.901)
The rules (Design Criteria for On-Site Sewage Facilities, Administrative Rules, 30 TAC sections 285.1–285.91) attached to Ordinance 884, 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 884 adopted 9/5/01; 2004 Code, sec. 13.904)
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 884 as appendix I and is maintained on file in the office of the city secretary.
(Ordinance 884 adopted 9/5/01; 2004 Code, sec. 13.905)
The appointed individual(s) of the city 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 884 adopted 9/5/01; 2004 Code, sec. 13.906)
Persons aggrieved by an action or decision of the designated representative may appeal such action to the city council.
(Ordinance 884 adopted 9/5/01; 2004 Code, sec. 13.908)
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, chapter 26 of the Texas Water Code and 30 TAC chapter 285.
(Ordinance 884 adopted 9/5/01; 2004 Code, sec. 13.909)
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 meeting 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 send a copy of the public notice, a publisher’s affidavit of public notice, and a 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 ordinance 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 ordinance, 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 884 adopted 9/5/01; 2004 Code, sec. 13.910)