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 188, sec. 5, adopted 12/12/95)
The rules (Design Criteria for On-Site Sewage Facilities, and administrative rules, 30 Texas Administrative Code, if applicable) 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 188, sec. 8, adopted 12/12/95; Ordinance adopting 2017 Code)
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 188 as appendix I.
(Ordinance 188, sec. 9, adopted 12/12/95)
In order to implement the stated policy of the legislature and the state commission on environmental quality to encourage the development and use of organized disposal systems to serve the waste disposal needs of the citizens of the state and to prevent pollution, protect the public health, and maintain and enhance the quality of water in the state, the following requirements are made:
(1) 
No person may cause or allow the installation of an on-site sewage facility when any part of the facility is to be [within] 300 feet in horizontal distance (measured on the closest practicable access route) of an existing organized system, unless one of the following requirements has been met:
(A) 
The person has received a written denial of service from the owner or governing body of the organized disposal system; or
(B) 
The person has received a written determination from the designated representative that it is not feasible for the person to connect to the organized disposal system.
(2) 
Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable route) from any [part] of a private sewage facility, that shall be connected to the organized system unless one of the requirements set forth in subsection (1)(A) or (B) of this section has been met.
(Ordinance 188, sec. 10, adopted 12/12/95)
The county health officer of Gregg County 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. The designated representative shall have the following duties and concomitant powers:
(1) 
To resolve any question regarding any interpretation of these rules, or the design criteria.
(2) 
To enforce these rules and to make appropriate recommendations to proper city officials when instances of noncompliance with these rules have been determined.
(3) 
To make statutorily mandated inspections of proposed, new and existing on-site sewage facilities.
(4) 
To collect fees set by the authorized agent as necessary to recover the reasonable costs incurred in meeting the requirements of these rules.
(5) 
To make semi-annual reports to the authorized agent on all actions.
(6) 
To investigate nuisance complaints within 21 days of receipt. All validated complaints shall be resolved or substantial progress made toward resolution by the responsible individual within 30 days.
(7) 
To perform all other duties necessary to meet the requirements of these rules.
(Ordinance 188, sec. 11, adopted 12/12/95)
(a) 
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(b) 
The applicant or registered installer shall notify the designated representative that an inspection is desired at least 5 working days prior to the need for inspection.
(c) 
The applicant or registered installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(d) 
The applicant or registered installer must be present at the time of the inspection for that facility.
(Ordinance 188, sec. 13, adopted 12/12/95)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the city council.
(Ordinance 188, sec. 14, adopted 12/12/95)
(a) 
The designated representative may routinely inspect on-site sewage facilities to assure continued compliance with these rules. The designated representative shall inspect any on-site system that is believed to be causing pollution, a threat to the public health, or nuisance conditions, or illegally installed or altered. If, upon inspection, it is found that any of these conditions exists, the owner of the on-site sewage facility will be notified in writing of the violation, and what must be done to achieve compliance, and set a reasonable amount of time to comply. The on-site sewage facility shall be reinspected at the expiration of the allotted time.
(b) 
If the facility is found to be compliant, a license therefor may be issued or the existing license may be modified.
(c) 
If the facility is found to be noncompliant, appropriate enforcement shall be taken.
(Ordinance 188, sec. 15, adopted 12/12/95)
The city adopts the criminal, injunction or civil suit, and civil penalty provisions as set forth in the Texas Health and Safety Code and/or any other such penalties that may be provided by state law. Each day of a continuing violation is a separate offense and is punishable as such.
(Ordinance 188, sec. 16, adopted 12/12/95; Ordinance adopting 2017 Code)
An emergency repair to an on-site sewage facility without a permit is not an offense under these rules if the following procedures are carried out:
(1) 
The repair is made for the purpose of abatement of an immediate, dangerous and serious health hazard;
(2) 
Said repair does meet minimum state design criteria;
(3) 
Said repair does not constitute an alteration of the on-site system;
(4) 
Written notification of such repair, including a detailed description of the method and materials used in said repair, is made to the authorized agent within 72 hours of the date of the repair; and
(5) 
Said repair must be inspected for compliance with the state’s design criteria.
(Ordinance 188, sec. 17, adopted 12/12/95)
If the city council 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 city council 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 and must solicit written comments for that 30-day period.
(3) 
The city council shall send a copy of the public notice, a publisher’s affidavit of public notice, and a certified copy of the court’s minutes to the state commission on environmental quality.
(4) 
Upon relinquishment of the ordinance, the local governmental entity shall surrender its area of jurisdiction to the commission.
(5) 
The local governmental entity shall pay the state commission on environmental quality the appropriate charge-back fees for permitting, inspections and complaint investigations of on-site sewage facilities in the surrendered area of jurisdiction.
(Ordinance 188, sec. 19, adopted 12/12/95)