§ 48-174. Private sewage disposal.

(a)

Adoption of state law. The city, understanding that there are technical criteria, legal requirements, and administrative procedures and duties associated with regulating on-site sewerage facilities, does adopt and shall fully enforce Chapter 366 of the Texas Health and Safety Code and Chapter 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in section 102-267. The said laws and the rules adopted herein are and shall be enforceable by the city within the corporate limits of the city.

(b)

On-site sewerage facility rules adopted. The rules contained in Title 30 Tex. Admin. Code §§ 285.1—285.91, as amended or supplemented from time to time hereafter (together, the "rules"), incorporated herein by reference as Appendix I, promulgated by the state commission on environmental quality (the "commission") for the regulation of on-site sewage systems, are hereby adopted in their entirety and are hereby made a part hereof for all purposes. 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.

(c)

More stringent requirements.

(1)

Any on-site sewage disposal system using aerobic treatment shall have an annual maintenance contract on that system.

(2)

All contracted maintenance of an on-site sewage disposal system using aerobic treatment shall be conducted by a certified maintenance of an on-site sewage disposal system using aerobic treatment unless the property owner/homeowner is a certified maintenance provider for that aerobic unit.

(3)

The authorized agent may periodically inspect the on-site sewage disposal system using aerobic system regardless of when the authorized agent conducted the last inspection.

(d)

On-site sewage facility rules. Any person, including without limitation, any corporation, partnership or other business entity, or individual, discharging or causing the discharge of sewage into an on-site sewage facility within the city shall comply with the rules. Any permit issued for an on-site sewage facility within the jurisdiction area of the city must comply with the rules.

(e)

Development of organized disposal systems. In order to implement the stated policy of the state legislature and the commission 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 shall be complied with:

(1)

No person may cause or allow the installation of an on-site sewage facility when any part of the facility is to be 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;

b.

The person has received a written determination from the designated representative that is not feasible for the person to connect to the organized disposal system.

(2)

No person may cause or allow the installation of an on-site sewage facility on any property or lot less than one-half of an acre in size.

(3)

Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable route) from any portion of a private sewage facility, that shall be connected to the organized system unless one of the requirements set forth in subsections (e)(1) or (2) of this section has been met.

(f)

Duties and powers. The on-site sewage facility inspector of the city must be certified by the state commission on environmental quality before assuming the duties and responsibilities of the position. The city council is the representative designated by the commission for the enforcement of this section. The city council shall appoint a person upon recommendation of the city manager to act on its behalf in the capacity of the designated representative. The designated representative has the authority and powers set forth below:

(1)

To resolve any question regarding any interpretation of these rules, or the design criteria.

(2)

To enforce the terms of this section and to make appropriate recommendations to proper city officials when instances of noncompliance with the section have been determined.

(3)

To make statutorily mandated inspections of proposed, new and existing on-site sewage facilities.

(4)

To investigate nuisance complaints within ten days of receipt. All validated complaints shall be resolved or substantial progress made toward resolution by the responsible individual within 30 days.

(5)

To perform all other duties necessary to meet the requirements of this section.

(g)

Collection of fees. All fees collected for permits and/or all other fees that maybe necessary to recover the reasonable costs incurred in meeting the requirements of this section.

(h)

License to operate. 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 five working days 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.

(i)

Appeals. Persons aggrieved by an action or decision of the designated representative may appeal such action to the city council.

(j)

Enforcement.

(1)

The designated representative may routinely inspect on-site sewage facilities to ensure continued compliance with this section.

(2)

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 a reasonable amount of time to comply. The on-site sewage facility shall be re-inspected at the expiration of the allotted time. According to state law if there is one valid complaint on a system, the homeowner has to get a licensed maintenance provider to maintain the on-site sewage facility within 30 days for compliance.

(k)

Penalties. The city hereby 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 30TAC Chapters 30 and 285. Any person violating any of the provisions of this section or the rules adopted hereby shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000.00 for each offense. Each day of a continuing violation is a separate offense and is punishable as such.

(l)

Emergency repair. 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)

That said repair does meet minimum state design criteria;

(3)

That said repair does not constitute an alteration of the on-site system;

(4)

That 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)

That said repair must be inspected for compliance with the state's design criteria.

(Code 1994, § 11.403; Ord. No. 33, § 3, 2-16-1972; Ord. No. 615-16, § 2, 6-13-2016)