§ 53.02  COMPLIANCE REQUIRED.
   (A)   The rules (Design Criteria For On-Site Sewage Facilities and Administrative Rules 30 TAC, §§ 285.1 through 285.95 if applicable) promulgated by the Texas Natural Resource Conservation Commission for on-site sewage systems are hereby adopted, and all officials and employees of the City of Heath, Texas, having duties under the rules, are authorized to perform such duties as are required of them under the rules.
   (B)   The City of Heath clearly understands the technical criteria, legal requirements and administrative procedures and duties associated with regulating on-site sewage facilities and adopts and will fully enforce Tex. Health and Safety Code, Ch. 366.
   (C)   The Building Official of the City of Heath, Texas, or his or her designated representative, is herewith declared the designated representative for the enforcement of these rules within the city’s jurisdictional area. The appointed individuals must be approved and certified by the Texas Commission on Environmental Quality before the assuming the duties and responsibilities of the Designated Representative of the City of Heath. The designated representative shall have the following duties and concomitant powers:
      (1)   To enforce these rules 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 set 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 action, taken concerning these rules; and
      (5)   To perform all other duties necessary to meet the requirements of these rules.
   (D)   A person may not construct, alter, repair or extend, or cause to be constructed, altered, repaired or extended, an on-site sewage disposal system that is not in compliance with this chapter and applicable rules.
   (E)   A person commits an offense if he or she installs, repairs or modifies an on-site sewage system in the city without a permit.
   (F)   No permit for the installation of an on-site sewage systems will be issued for property of less than one acre. Any system installed prior to the adoption of this chapter is considered to be grandfathered in regards to minimum acreage.
   (G)   (1)   Aerobic treatment unit. Any system to which a pump is installed shall be accompanied by an aerobic treatment unit.  This shall include low pressure dosing.
      (2)   Purpose.  The purpose of this requirement is to better protect the public from any surfacing waste that may originate from subsurface system due to the soil conditions found in the City of Heath.
   (H)   (1)   Authority to decline plans. The City of Heath, at the discretion of the Building Official and designated representative, may decline the plans of any system that it sees will not function properly even if the system is designed within minimum standards.
      (2)   Purpose. The purpose of this requirement is to better protect the citizens of the City of Heath from possible systems due to soil conditions found in the area.
   (I)   A compliance inspection by the City Health Officer or Building Official shall be required prior to transfer of title ownership on all property within the city. A fee, established by the City Council, shall be charged for the inspection. In lieu of a city inspection, a certificate of inspection by a registered sanitarian authorized to perform the inspections may be accepted by the Building Official.
(2005 Code, § 11-1-2)  (Ord. 040819C, passed - -)