CHAPTER 13

UTILITIES

   ARTICLE 13.100 REGULATION OF WATER AND SEWAGE UTILITIES*

   Sec. 13.101     Public Utility Commission of Texas

The city does hereby elect to have the Public Utility Commission of Texas exercise exclusive original jurisdiction over electric utility rates, operations and services within the existing and future incorporated limits of the city.

   Sec. 13.102     Jurisdiction of Rates by the City

The city hereby expressly retains the exclusive original jurisdiction over the rates, operations, and services of water and sewer utilities within the existing and future incorporated limits of the city.

   Sec. 13.103     Jurisdiction of Rates by the Public Utility Commission of Texas

This article shall become effective, and the Public Utility Commission of Texas shall exercise the exclusive original jurisdiction over said electric utility rates, operations and services.

(Ordinance 80-2 adopted 08/07/80)

   ARTICLE 13.200 ON-SITE SEWAGE FACILITIES

   Sec. 13.201     Chapter 366

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 (H&SC) and chapters 7 and 37 of the Texas Water Code (TWC), and associated rules referenced in Section 13.204 of this article.

   Sec. 13.202     Area of Jurisdiction

The rules shall apply to all the area lying within the incorporated limits of the city.

   Sec. 13.203     Rules

Any permit issued for an on-site sewage facility within the jurisdictional area of the city must comply with the rules adopted in Section 13.204 of this article.

   Sec. 13.204     On-Site Sewage Facility Rules Adopted

The rules, title 30 Texas Administrative Code (TAC) section 285.1–285.91 and TAC 30, attached to Ordinance 2013-002, promulgated by the TCEQ 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.

   Sec. 13.205     Incorporation by Reference

The rules, title 30 TAC chapters 30 and 285 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 rules are attached to Ordinance 2013-002 as appendix I.

   Sec. 13.206     Amendments

The city, wishing to adopt more stringent rules for its on-site sewage facility article, understands that the more stringent conflicting local rules shall take precedence over the corresponding TCEQ requirement. Listed below are the more stringent rules adopted by the city:

(1)     A permit will be required for all on-site sewage facilities regardless of the acreage.

(2)     A yearly maintenance contract with a licensed OSSF service company is required for all surface irrigation disposal systems within the city limits. A copy of the contract shall be provided to the city.

(3)     Maintenance inspections shall be performed every four (4) months by the licensed OSSF service company and all reports shall be submitted to the city.

(4)     Any home/property owner that chooses to test and maintain their system must submit an annual letter stating their intent to do so. This letter, along with proof that they have completed four (4) hours of approved TCEQ training for surface irrigation disposal systems and two (2) hours of on-site training on their own system shall be submitted to the city. Additionally, homeowners maintaining their own systems must perform all required testing and submit reports to the city every four (4) months.

(5)     Any home/property owner who makes changes or modifications to their existing system, must repeat the two (2) hours of on-site training, if the modifications substantially change the function or brand of the existing system.

(6)     Any home/property owner who moves to another home in the city limits and wishes to test and maintain that system must repeat the two (2) hours of on-site training.

(7)     Any/all required OSSF repair must be performed by a licensed OSSF professional. Home/property owner repair is allowed only if the owner has a minimum of class D wastewater license or proof of training by a licensed OSSF professional, meeting the requirements listed above in subsection (4).

   Sec. 13.207     Development of Organized Disposal Systems

In order to implement the stated policy of the legislature and the TCEQ to encourage the development and use of the 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 are made:

(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 of governing body of the organized disposal system; or

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

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

   Sec. 13.208     Duties and Powers

The OSSF inspector of the city must be certified by the TCEQ before assuming the duties and responsibilities. The appointed individual(s) must be approved and certified by the TCEQ 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 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 within 30 days.

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

   Sec. 13.209     Collection of Fees

All fees collected for permits and/or inspections shall be made payable to the city.

   Sec. 13.210     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 (5) 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.

   Sec. 13.211     Appeals

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

   Sec. 13.212     Penalties

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 30 TAC chapters 30 and 285.

(Ordinance 2013-002 adopted 3/20/13)