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 13.05.004 of this article.
(Ordinance 2009-2-10B adopted 2/10/09)
The rules shall apply to all the area lying within the incorporated
limits of the town.
(Ordinance 2009-2-10B adopted 2/10/09)
Any permit issued for an on-site sewage facility within the jurisdictional area of the town must comply with the rules adopted in section 13.05.004 of this article.
(Ordinance 2009-2-10B adopted 2/10/09)
The rules, title 30 Texas Administrative Code (TAC) sections
285.1–285.91 and TAC 30, attached to Ordinance 2009-2-10B, promulgated
by the Texas 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 2009-2-10B adopted 2/10/09)
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 of Ordinance 2009-2-10B on file in the office
of the town secretary.
(Ordinance 2009-2-10B adopted 2/10/09)
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 Texas Commission
on Environmental Quality requirement. Listed below are the more stringent
rules adopted by the town:
(1)
An OSSF shall not be permitted on less than one acre, except where
a residential lot of one-half acre or more has already been platted
within an existing subdivision.
(2)
Exception: The town engineer may approve construction of on-site
sewage facilities (OSSF) on residential lots of more than one-half
acre but less than one acre, where the lot is not platted within an
existing subdivision, is not contiguous to undeveloped property that
may reasonably be conjoined or has the same property owner, and is
not served by municipal wastewater service.
(3)
A permit shall be required for all OSSF regardless of acreage.
(4)
The owner or person who has legal responsibility of an existing OSSF
shall have the system inspected before any sales and/or transfers
of ownership.
(5)
Grease trap sizing, if applicable, shall be done using the EPA method
and the International Plumbing Code method; the larger of the two
resulting tank sizes shall be used.
(6)
Calculations for hydraulic and organic load for both normal and peak
flows on all commercial systems shall be provided showing that both
organic and hydraulic overloading of the treatment and/or disposal
method is prevented.
(7)
All planning material must be prepared by a professional engineer
or registered sanitarian authorized to practice in the state.
(8)
Aerobic plants tested under NSF standard 40 shall be sized for residential
units based on an assumed hydraulic load of 150 gallons per day per
bedroom.
(9)
New anaerobic systems shall not be permitted.
(10)
The allowable timeframe for a maintenance company to respond to a
complaint from the property owner or electronic notification shall
be no longer than 48 hours.
(11)
The maintenance frequency shall be as follows:
(12)
All new commercial systems requiring on-going maintenance by these
rules shall be electronically monitored. Other systems may be electronically
monitored to reduce the number of required maintenance visits.
(13)
Electronic monitoring must be continuously maintained.
(14)
For structures with more than one sewer stub out or other similar
instances, all sewer lines shall have a common connection prior to
entering the main tank battery unless the tank battery is designed
with more than one entrance.
(15)
All installers and their apprentices shall maintain copies of approved
plans, contracts, manifests, well data, and component specifications
required and specified by the approved plans on the job site and make
available to the inspector until all required inspections are completed.
(16)
Owners of OSSF requiring maintenance under these rules must acquire
and maintain a maintenance, testing, and reporting contract with a
licensed maintenance company; homeowner maintenance shall be prohibited.
(17)
All components that need to be replaced on an aerobic treatment system
must be replaced by a licensed installer and must be component compatible.
(Ordinance 2009-2-10B adopted 2/10/09; Ordinance 2009-4-7B adopted 4/7/09)
The OSSF inspector of the town, must be certified by the Texas
Commission on Environmental Quality before assuming the duties and
responsibilities.
(Ordinance 2009-2-10B adopted 2/10/09)
All fees collected for permits and/or inspections shall be made
payable to the town.
(Ordinance 2009-2-10B adopted 2/10/09)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the town council.
(Ordinance 2009-2-10B adopted 2/10/09)
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, 26, and 37 of the Texas Water Code and 30 TAC chapters 30 and 285.
(Ordinance 2009-2-10B adopted 2/10/09)
