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 201, sec. 5, adopted 4/13/00; 2009 Code, sec. 13.07.001)
The rules adopted by this article shall apply to all of the incorporated area of the city.
(Ordinance 201, sec. 6, adopted 4/13/00; 2009 Code, sec. 13.07.002)
Where a public sanitary sewer is not available, 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 13.08.004.
(Ordinance 201, sec. 7, adopted 4/13/00; 2009 Code, sec. 13.07.003)
The rules (Construction Standards for On-Site Sewage Facilities, and Administrative Rules, 30 TAC 285.1—285.91), attached to Ordinance 201, 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 the rules.
(Ordinance 201, sec. 8, adopted 4/13/00; 2009 Code, sec. 13.07.004)
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 201 as appendix I.
(Ordinance 201, sec. 9, adopted 4/13/00; 2009 Code, sec. 13.07.005)
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 state commission on environmental quality requirement. Listed below are the more stringent rules adopted by the city:
(1) 
Any new and/or any replacement on-site sewage facility shall be designed by a professional engineer or registered sanitarian who is qualified as a soil evaluator.
(2) 
Any major repairs shall be improved to comply with the most current rules and standards.
(3) 
Any new or replacement on-site sewage facility in the city must be licensed, and a new license must be obtained each time ownership of said facility changes.
(Ordinance 201, sec. 10, adopted 4/13/00; 2009 Code, sec. 13.07.006)
The city administrator, or his assignee, is herewith declared the designated representative for the enforcement of these rules within its jurisdictional area. The designated representative shall have the following duties and concomitant powers:
(1) 
To enforce these rules and to make appropriate recommendations to proper city officials when instances of noncompliance with these rules have been determined.
(2) 
To make statutorily mandated inspections of proposed, new and existing on-site sewage facilities.
(3) 
To collect fees set by the authorized agent as necessary to recover the reasonable costs incurred in meeting the requirements of these rules.
(4) 
To make semiannual reports to the authorized agent on all actions, including legal actions, taken concerning these rules.
(5) 
To perform all other duties necessary to meet the requirements of these rules.
(Ordinance 201, sec. 11, adopted 4/13/00; 2009 Code, sec. 13.07.007)
All fees collected for permits and/or inspections shall be made payable to the city.
(Ordinance 201, sec. 12, adopted 4/13/00; 2009 Code, sec. 13.07.008)
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the city council.
(Ordinance 201, sec. 13, adopted 4/13/00; 2009 Code, sec. 13.07.009)
The city 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 and 26 of the Texas Water Code and chapter 285 of the administrative rules in 30 TAC.
(Ordinance 201, sec. 14, adopted 4/13/00; 2009 Code, sec. 13.07.010)
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 hearing 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 shall 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 order 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 order, the local governmental entity and the executive director shall determine the exact date the authorized agent should surrender its authorized agent designation to the executive director.
(Ordinance 201, sec. 16, adopted 4/13/00; 2009 Code, sec. 13.07.011)