§ 53.05  PERMIT PROCESS.
   (A)   Application for an on-site sewage facility must be made to and approved by the City Building Inspector (or the North Texas Municipal Water District for construction within the Water Quality Zone as designated by the Texas Natural Resource Conservation Commission) prior to any construction, alteration, repair or extension of such facility. Outside the Water Quality Zone, applications must be made to and approved by the City Building Inspector. In review of the application, the city reserves the right to consult with outside professionals for recommendations as to the functional ability of any system submitted for approval. A permit fee, established by the City Council, shall be paid and accompanied by:
      (1)   Plans and specifications of the proposed facility, its location on the lot or lots, and demonstrate that the sufficiency of the area for the treatment and disposal of wastewater is twice the land area required, per the design criteria, for the particular type on-site sewage facility designed;
      (2)   Evidence that the installer of the facility is licensed by the City of Heath as a wastewater installer as required in § 53.04 above;
      (3)   The design and installation of the proposed facility is certified by a Texas Department of Health Certified Wastewater Installer, registered sanitarian or registered professional engineer that the design is in compliance with the then currently effective construction standards; and
      (4)   Submission of a specific site evaluation made by persons trained or having qualified experience in soils science or on-site sewage disposal to determine the capability of a site to absorb and treat wastewater. The site evaluation should address the eight site characteristics listed in the construction standards.
   (B)   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 purposes of abatement of an immediate, dangerous and serious health hazard;
      (2)   The repair meets minimum state construction standards;
      (3)   The repair does not constitute an alteration of the on-site system;
      (4)   That notification of such repair, including a detailed description of the method and materials used in the repair, is made to the Building Official within 48 hours of the date of the repair; and
      (5)   That the repair has been (or will be) inspected for compliance with the state’s construction standards.
(2005 Code, § 11-1-5)