The town 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 Texas Health and Safety Code (H&SC) and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in section 13.02.004 of this division.
(Ordinance 186-11-2006, sec. 5, adopted 11/6/06; Ordinance 197-9-2007, sec. 5, adopted 9/10/07)
The rules shall apply to all the area lying within the incorporated limits of the town.
(Ordinance 186-11-2006, sec. 6, adopted 11/6/06; Ordinance 197-9-2007, sec. 6, adopted 9/10/07)
Any permit issued for an on-site sewage facility within the jurisdictional area of the town must comply with the rules adopted in section 13.02.004 of this division.
(Ordinance 186-11-2006, sec. 7, adopted 11/6/06; Ordinance 197-9-2007, sec. 7, adopted 9/10/07)
The rules, title 30 Texas Administrative Code (TAC) sections 285.1–285.91 and TAC [chapter 30], attached to Ordinance 197-9-2007, promulgated by the state commission on environmental quality for on-site sewage facilities are hereby adopted, and all officials and employees of the town having duties under said rules are authorized to perform such duties as are required of them under said rules.
(Ordinance 186-11-2006, sec. 8, adopted 11/6/06; Ordinance 197-9-2007, sec. 8, adopted 9/10/07)
The rules, 30 TAC chapters 30 and 285, 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 rules is attached to these rules as appendix I.
(Ordinance 186-11-2006, sec. 9, adopted 11/6/06; Ordinance 197-9-2007, sec. 9, adopted 9/10/07)
The town, wishing to adopt more stringent rules for its on-site sewage facility ordinance, understands that the more stringent conflicting local rule shall take precedence over the corresponding state commission on environmental quality requirement. Listed below is the more stringent rule adopted by the town:
(1) 
To ensure all systems meet chapter 285 rules, regardless of the acreage involved, any new construction, alteration, repairs, or extension of an OSSF located within the town’s jurisdiction are required to be permitted and licensed.
(2) 
In order to provide greater public health and safety protection, the town shall require the contracted maintenance for all OSSFs using aerobic treatment to be conducted by a TCEQ registered maintenance company. There shall be no homeowner/property owner maintenance of an on-site sewage disposal system using aerobic treatment unless the property owner/homeowner is a TCEQ registered maintenance provider for their aerobic treatment unit.
(Ordinance 197-9-2007, sec. 10, adopted 9/10/07)
The OSSF inspector of the town must be certified by the state commission on environmental quality before assuming the duties and responsibilities.
(Ordinance 186-11-2006, sec. 10, adopted 11/6/06; Ordinance 197-9-2007, sec. 11, adopted 9/10/07)
All fees collected for permits and/or inspections shall be made payable to the town.
(Ordinance 186-11-2006, sec. 11, adopted 11/6/06; Ordinance 197-9-2007, sec. 12, adopted 9/10/07)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the town council.
(Ordinance 186-11-2006, sec. 12, adopted 11/6/06; Ordinance 197-9-2007, sec. 13, adopted 9/10/07)
This division 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, 26, and 37 of the Texas Water Code and 30 TAC chapters 30 and 285.
(Ordinance 186-11-2006, sec. 13, adopted 11/6/06; Ordinance 197-9-2007, sec. 14, adopted 9/10/07)