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 904-24 adopted 5/14/2024)
The rules shall apply to all the areas lying within the incorporated
limits of the city.
(Ordinance 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
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 installed according to the rules adopted herein.
No permit shall be issued for an on-site sewage facility if public
sanitary sewer is available.
(Ordinance 904-24 adopted 5/14/2024)
The city adopts the Texas Commission on Environmental Quality
title 30 Texas Administrative Code section 285.1 through section 285.91
and title 30, part I, chapter 30, Texas Administrative Code.
(Ordinance 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
The city manager shall appoint a 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 reports to the city manager 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 904-24 adopted 5/14/2024)
All fees collected for permits and/or inspections shall be made
payable to the city.
(Ordinance 904-24 adopted 5/14/2024)
Each new on-site sewage facility shall be inspected and approved
by the designated representative prior to the final covering of the
facility.
(1)
The applicant or registered installer shall notify the designated
representative that an inspection is desired at least 1 working day
prior to the need for inspection.
(2)
The applicant or registered installer shall provide whatever
reasonable assistance the designated representative requests in order
to make the inspection.
(3)
The applicant or registered installer must be present at the
time of the inspection for that facility.
(Ordinance 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
(a)
The designated representative may routinely inspect on-site
sewage facilities to assure continued compliance with these rules.
(b)
The designated representative shall inspect any on-site system
that is believed to be causing pollution, a threat to the public health,
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.
(Ordinance 904-24 adopted 5/14/2024)
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 904-24 adopted 5/14/2024)
