The city understands that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewage facilities, and will enforce chapter 366 of the Texas Health and Safety Code and chapters 7 and 37 of the Texas Water Code, and associated rules referenced in this article (“rules”).
(Ordinance 649-12 adopted 6/12/12)
The rules shall apply to all the area lying within the incorporated
limits of the city.
(Ordinance 649-12 adopted 6/12/12)
Any permit issued for an on-site sewage facility within the jurisdictional area of the city must comply with the rules, including those adopted by section 13.07.005 herein.
(Ordinance 649-12 adopted 6/12/12)
All on-site sewage facilities must be permitted as a part of
the building permit for new construction, repair or remodeling. All
work to repair or remodel existing on-site sewage facilities must
be upon permit and done according to rules adopted herein. No permit
shall be issued for an on-site sewage facility if public sanitary
sewer is available.
(Ordinance 649-12 adopted 6/12/12)
Title 30 Texas Administrative Code sections 285.1 through section
285.91, and title 30, part 1, chapter 30, Texas Administrative Code,
promulgated by the state commission on environmental quality, for
on-site sewage facilities, 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.
(Ordinance 649-12 adopted 6/12/12)
Title [30], Texas Administrative Code chapters 30 and 285 and
all future amendments and revisions thereto are incorporated by reference
and are thus made a part of these rules.
(Ordinance 649-12 adopted 6/12/12)
The city administrator or the designee thereof is herewith declared
the designated representative for the enforcement of these rules within
its jurisdictional area. The appointed individual 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,
including legal actions, taken concerning these rules.
(6)
To investigate nuisance complaints within 21 days of receipt. All
validated complaints shall be resolved or substantial progress made
towards resolution by the responsible individual within 30 days.
(7)
To assure that the owner of an on-site sewage system either enters
into a maintenance contract for the system and keeps the contract
in force or personally maintains the single-family residential system
pursuant to state standards and regulations.
(8)
To perform all other duties necessary to meet the requirements of
these rules.
(Ordinance 649-12 adopted 6/12/12)
All fees collected for permits and/or inspections shall be made
payable to the city.
(Ordinance 649-12 adopted 6/12/12)
Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the board of
adjustments of the city within ten (10) days of receipt of notice
of the decision.
(Ordinance 649-12 adopted 6/12/12)
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 title 30 Texas Administrative Code chapters 30 and 285.
(Ordinance 649-12 adopted 6/12/12)
