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(A) The Rules established by the Texas Commission on Environmental Quality for on-site sewage systems 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.
(B) The Rules and all future amendments and revisions thereto are incorporated by reference and are thus made a part of this subchapter. A copy of current Rules shall be on file with the designated representative for the city and the City Secretary's office.
(C) All habitable structures must be connected to either the city sanitary sewer system or an approved sewage disposal system.
(D) Persons in the city, regardless of the amount of land owned, on which an on-site sewage facility is to be utilized, must obtain a permit from the designated representative of the city prior to installation, construction, or repair of an on-site sewage facility. All on-site sewage facilities shall be constructed or installed according to 30 TAC Chapter 285.
(E) All OSSF systems must be designed by either a registered professional engineer or registered professional sanitarian, that an on-site sewage facility can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or creating the threat of pollution or nuisance conditions. No self installations shall be allowed.
(F) A variance may be granted for individual tracts of land smaller than one acre, if a registered professional engineer or registered sanitarian designs the system to operate in accordance with Rules. The request for the variance must be thoroughly reviewed by the designated representative and submitted to the Board of Appeals or City Council for its final determination.
(G) Any on-site sewage disposal system using aerobic treatment shall have a maintenance contract on that system. All contracted maintenance shall be conducted by a TCEQ registered maintenance company. There shall be no homeowner/occupant/or property owner treatment. The maintenance provider must submit quarterly inspection reports to the designated representative with the city.
(H) The designated representative may periodically inspect the on-site sewage disposal system using aerobic treatment, regardless of when the authorized agent conducted the last inspection.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
In order to implement the stated policy of the legislature and the Texas Commission on Environmental Quality 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 are made:
(A) Distance requirements.
(1) All developers shall extend sanitary service to the city sewer mains if the development is within the following distances to the nearest existing sanitary sewer line which has adequate capacity, as determined by the City Engineer:
Subdivision (Lots) | The sewer line must be extended from the boundary of the subdivision |
1–10 | 1/8 mile |
11–25 | 1/4 mile |
26–100 | 3/4 mile |
101–200 | 1 mile |
201 or higher | No limit |
(2) Parcels subdivided on a piecemeal basis will be considered on the basis of the aggregate number of lots.
(B) Waste water system exceptions. If all of the requirements below are met, the developer will not be required to provide sewer service to the subdivision and individual on-site sewage facilities may be placed on the lots. The on-site sewage facilities must conform to division (C) of this section in addition to all county and state regulations. If the subdivision does not conform to all of the below requirements, the developer may install a private collection system and wastewater treatment facility that meets the state and county regulations in lieu of connecting to city sanitary sewer service. The private collection system must be available to each lot in the subdivision and drain into one central wastewater treatment facility. The requirements are as follows:
(1) The distance in division (C) of this section are exceeded;
(2) The developer does not own any adjacent property and is subdividing his or her property into less than three lots;
(3) The lots are one acre or larger; and two acres if division (C) of this section is applicable. Lots less than one acre will be accepted when annexed in as a platted lot;
(4) A on-site sewage facility is designed in accordance with county and state requirements which will utilize less than 50% of the area of the lot;
(5) None of the on-site sewage facility is in the floodplain; and
(6) The City Council approves a waiver for a wastewater treatment system at the time of approval of the final plat.
(C) Any subdivision or portion thereof, lying within 1,300 feet of the service spillway level (elevation 733.5 feet above mean sea level) in Lake Pat Cleburne shall follow provisions set out in § 98.058 for the city in addition to minimum state and county regulations in order to place a septic tank. In addition to these requirements:
(1) The design of the on-site sewage facilities shall be based upon a site/soil evaluation performed by a TCEQ licensed site evaluator or professional engineer.
(2) The minimum lot size shall be two acres.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
The Building Official of the city is herewith declared the designated representative for the enforcement of the Rules within its jurisdictional area. The appointed individual(s) must be approved and certified by the Texas 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:
(A) To resolve any question regarding any interpretation of these Rules, or the design criteria.
(B) To enforce these Rules and to make appropriate recommendations to proper city officials when instances of noncompliance with these Rules have been determined.
(C) To make statutorily mandated inspections of proposed, new and existing on-site sewage facilities.
(D) To collect fees set by the authorized agent as necessary to recover the reasonable costs incurred in meeting the requirements of these Rules.
(E) To make semi-annual reports to the authorized agent on all actions, including legal actions, taken concerning these Rules.
(F) To investigate nuisance complaints within 21 days of receipt. All validated complaints shall be resolved or substantial progress made toward resolution by the responsible individual within 30 days.
(G) To perform all other duties necessary to meet the requirements of these Rules.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
Each new on-site sewage facility shall be inspected and approved by the designated representative prior to the final covering of the facility.
(A) 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.
(B) The applicant or registered installer shall provide whatever reasonable assistance the designated representative requests in order to make the inspection.
(C) The applicant or registered installer must be present at the time of the inspection for that facility.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
(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.
(1) If the facility is found to be compliant, a license therefore may be issued or the existing license may be modified.
(2) If the facility is found to be noncompliant, appropriate enforcement shall be taken.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
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:
(A) The repair is made for the purpose of abatement of an immediate, dangerous and serious health hazard;
(B) That said repair does meet minimum state design criteria;
(C) That said repair does not constitute an alteration of the on-site system;
(D) 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
(E) That said repair must be inspected for compliance with the Rules.
(Ord. 8-1995-21, passed 8-22-95; Am. Ord. 09-2007-52, passed 9-25-07)
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