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ARTICLE 13.02 ON-SITE SEWAGE FACILITIES

Sec. 13.02.001 Enforcement of state rules

The city clearly understands that there are technical criteria, legal requirements, and administrative
procedures and duties associated with regulating on-site sewage facilities and will fully 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 section 13.02.004 below. (2000 Code, sec. 11.101)
Sec. 13.02.002 Area of jurisdiction
The rules adopted by this article shall apply to all of the incorporated area of the city. (2000 Code, sec.
11.102)
Sec. 13.02.003 Compliance with state rules
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 13.02.004
of this article. (2000 Code, sec. 11.103)
Sec. 13.02.004 State rules adopted
(a) The rules and all future amendments or revisions thereto (Design Criteria for On-Site Sewage
Facilities, Administrative Rules title 30 Texas Administrative Code (T.A.C.) sections 285.1–285.91 and
T.A.C. 30), as promulgated by the Texas Commission on Environmental Quality (TCEQ) or its
successor agency, 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
under said rules.

(1) The city in addition requires that the owner of any on-site sewage facilities within its jurisdiction
regardless of property size shall obtain a permit to install, construct, alter, or repair the on-site sewage
facilities to prevent pollution or injury to public health arising out of the use of on-site sewage facilities;

(2) All subdivisions and developments must submit with the preliminary plat the minimum required
information as outlined in T.A.C. 285.4(c); and

(3) The owner of any aerobic and surface irrigation type system shall annually file and have on record
with the city:

(A) A valid maintenance contract with a TCEQ certified maintenance provider;

(B) Documentation that the homeowner/property owner is a TCEQ registered maintenance provider
for their aerobic treatment unit;

(C) Documentation that the homeowner/property owner has received specific on-site maintenance
training for their aerobic treatment unit from their installer or the manufacturer of their unit;

(D) Documentation that the homeowner/property owner successfully completed the basic
maintenance provider course provided by a TCEQ approved training provider; or
(E) Documentation that the homeowner/property owner holds a valid wastewater class D or higher
license.

(4) At least once every four (4) months, the owner of any aerobic and surface irrigation type system
shall file or cause to be filed with the city a report demonstrating that their system has been inspected
and tested as required by the TCEQ.

(b) The city’s TCEQ certified designated representative sanitarian of the city 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 all state and local permitting authority these rules [sic], 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 as set forth by the authorized agent as necessary to recover the reasonable costs
incurred in meeting the requirements of these rules;

(4) To make semi-annual reports to the authorized agent on all actions, including legal actions, taken
concerning these rules; and

(5) To perform all other duties necessary to meet the requirements of these rules.

(Ordinance 2013-02-356 adopted 2/19/13)

Sec. 13.02.005 Fees
All fees collected for permits and/or inspections shall be made payable to the city as set forth in the
city’s schedule of fees. (2000 Code, sec. 11.105)
Sec. 13.02.006 Inspection
(a) Each new on-site sewage facility shall be inspected and approved by the designated
representative prior to the final covering of the facility.

(b) 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.

(c) The applicant or registered installer shall provide whatever reasonable assistance the designated
representative requests in order to make the inspection.

(d) The applicant or registered installer shall be present at the time of the inspection.

(2000 Code, sec. 11.106)

Sec. 13.02.007 Appeals
Persons aggrieved by an action or decision of the designated representative may appeal such action or
decision to the city council. (2000 Code, sec. 11.107)
Sec. 13.02.008 Enforcement
(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 sewage facility system that is believed to
be causing pollution, a threat to the public health, or nuisance conditions, or illegally installed or to be
altered without complying with these rules, based on a credible complaint or other information available,
and may inspect any new on-site sewage facility should the conditions existing at the time of licensing
be found to have changed. If, upon inspection, it is found that pollution, a threat to public health, or
nuisance condition is occurring or has occurred, or an unpermitted installation or alteration was
performed, the owner of the on-site sewage facility will be notified in writing and include what problems
must be remedied to achieve compliance, and set a reasonable amount of time to achieve compliance.
The on-site sewage facility shall be reinspected at the expiration of the allotted time.

(2000 Code, sec. 11.108)

Sec. 13.02.009 Penalties
(a) The city adopts and incorporates all applicable penalty provisions related to on-site sewage
facilities, which includes, but is not limited to, those as set forth in chapters 341 and 366 of the Texas
Health and Safety Code, chapters 7, 26, and 37 of the Texas Water Code and 30 Texas Administrative
Code chapters 30 and 285 and any future amendments thereto, and/or any other such penalties that
may be provided by state law.

(b) Each day of a continuing violation is a separate offense and is punishable as such. The penalty
becomes effective upon filing the complaint in municipal court. Each day the violation occurs must be
filed in municipal court as a separate offense.

(2000 Code, sec. 11.109)

Sec. 13.02.010 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) Said repair does meet minimum the state construction standards;

(3) Said repair does not constitute an alteration of the on-site sewage facility system;

(4) Notification of such repair, including a detailed description of the method and materials used in
said repair, is made to the authorized agent within 48 hours of the date of the repair; and

(5) Said repair must be inspected for compliance with the state’s construction standards.

(2000 Code, sec. 11.110)

Sec. 13.02.011 Relinquishment of city’s regulatory authority
If the city 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 order.

(2) The city 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 city 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 on-site sewage facility orders within the city’s jurisdiction or may
refer the request to relinquish to the commission.

(5) Prior to issuance of a relinquishment order, the city and the executive director shall determine the
exact date the city would surrender its authorized agent designation to the executive director.

(2000 Code, sec. 11.111)