§ 51.03  ON-SITE SEWAGE FACILITIES.
   (A)   This section repeals and replaces any other on-site sewage facility ordinance for city.
   (B)   In accordance with Tex. Health and Safety Code, Ch. 366 and Tex. Water Code, Ch. 7 and 37 and the rules promulgated by 30 TAC, Ch. 285 there are technical criteria, legal requirements and administrative procedures and duties associated with regulating on-site sewage facilities.
   (C)   This section shall apply to the incorporated limits of the city as well as the city’s extra-territorial jurisdiction.
   (D)   Any permit issued for an on-site sewage facility within the jurisdictional area of the City of Heath must comply with the rules adopted in division (E) below.
   (E)   The rules, 30 TAC, Ch. 285, attached hereto, promulgated by the Texas Commission on Environmental Quality for on-site sewage facilities are hereby adopted, and all officials and employees of the City of Heath having duties under the rules are authorized to perform such duties as are required of them under the rules.
   (F)   The rules, 30 TAC, Ch. 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 is attached to this section as Appendix I, which is incorporated herein by reference as if appearing in total and which is on file in the city offices.
   (G)   The City of Heath hereby adopts the following rules for its on-site sewage facility ordinance understands that the more stringent conflicting local rule shall take precedence over the corresponding Texas Commission on Environmental Quality requirement. Listed below are the more stringent rules adopted by the City of Heath.
      (1)   Due to close proximity to Lake Ray Hubbard and to better protect the public, all OSSF systems located in the city shall be required to obtain a permit and may not be installed on any lot size which is less than one acre in size.
      (2)   To protect the public health and welfare and because of the close proximity to Lake Ray Hubbard, all owners of OSSF’s requiring maintenance shall contract with a licensed maintenance contractor.
   (H)   The OSSF Inspector of the city must be certified by the Texas Commission on Environmental Quality before assuming the duties and responsibilities.
   (I)   All fees collected for permits and/or inspections shall be made payable to city.
   (J)   Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the City Council of the city.
   (K)   This section adopts and incorporates all applicable penalty provisions related to on-site sewage facilities, which includes, but is not limited to, those found in the Tex. Health and Safety Code, Ch. 341 and 366, Tex. Water Code, Ch. 7, 26 and 37 and 30 TAC, Ch. 30 and 285.
(Ord. 060406B, passed 4-6-2006)