The city does adopt and will enforce chapter 366 of the Texas
Health and Safety Code.
(Ordinance 2010-03 adopted 8/9/10)
(a) The
rules adopted by this article shall apply to all the incorporated
area of the city.
(b) These
rules shall apply to those incorporated cities or towns that have
executed intergovernmental contracts with the city.
(Ordinance 2000-12 adopted 6/19/00)
Any structure discharging sewage into an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in Section
13.804 of this article.
(Ordinance 2000-12 adopted 6/19/00)
The rules (“Design Criteria For On-site Sewage Facilities,”
Texas Administrative Code 30 TAC 285.1–285.91), promulgated
by the Texas Commission on Environmental Quality (TCEQ) or sewage
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 2000-12 adopted 6/19/00)
The design criteria (30 TAC 285.1–285.91) and all future
amendments and revisions thereto are incorporated by reference and
are thus a part of these rules. A copy of the current design criteria
is on file with the city clerk’s office.
(Ordinance 2000-12 adopted 6/19/00)
To ensure all on-site sewage facilities meet the minimum standards,
to include those properties of ten (10) acres or more, and to ensure
all malfunctioning systems are corrected before the buyer takes possession,
the city 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 (TCEQ) requirement. Listed below are the
more stringent rules adopted by the city:
(1) A permit
shall be required for all on-site sewage facilities regardless of
acreage.
(2) All
existing on-site sewage facilities shall be inspected before any sales
and/or transfers of ownership. This includes homes, trailers, lake
lots, cabins, and businesses. (This includes private, conventional,
FHA, and VA loans, etc.)
(Ordinance 2000-12 adopted 6/19/00)
The city shall appoint a 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 (TCEQ) before assuming the duties and responsibilities of
the designated representative of the city.
(Ordinance 2010-03 adopted 8/9/10)
(a) All
fees collected for permits and/or inspections shall be made payable
to the city.
(b) Fee
Schedule.
The city shall establish a fee schedule for
the OSSF program and maintain a copy of such fee schedule on file
with the city clerk’s office. Such fee schedule shall set reasonable
fees for services performed by or at the direction of the licensing
authority and may be amended by the licensing authority from time
to time.
(Ordinance 2010-03 adopted 8/9/10)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the city council.
(Ordinance 2000-12 adopted 6/19/00)
This article adopts and incorporates all applicable penalty
provisions related to on-site sewage facilities, including, but 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 2000-12 adopted 6/19/00)
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 Texas Commission on Environmental Quality
(TCEQ) 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
authorized agent shall post the required 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 shall send a copy of the public notice, a publisher’s
affidavit of public notice and a certified copy of the minutes to
the Texas Commission on Environmental Quality (TCEQ).
(4) The
executive director shall process the request for relinquishment and
may issue an order relinquishing the authority to regulate on-site
sewage facilities within the authorized agent’s jurisdiction
or may refer the request to relinquish to the commission.
(5) Prior
to issuance of a relinquishment order the 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 2000-12 adopted 6/19/00)
This article shall be in full force and effect from and after
its date of approval as required by law and upon the approval of the
Texas Commission on Environmental Quality (TCEQ).
(Ordinance 2000-12 adopted 6/19/00)