Ord 45-2018 On Site Sewage Facility Changes 9/18/2018
Ordinance No. 45-2018
Conduct public hearing and consider and take action on an
ordinance amending Chapter 106 Utilities Article 5 Division 3 On Site
Sewage Facilities Sec 106-408 (3) and (7) in their entirety, providing a
repealer clause; providing for inclusion, and providing for
severability
WHEREAS, the Health District is the Designated Representative for the City of
Wichita Falls and the City owned property around Lake Arrowhead and Lake Kickapoo;
and,
WHEREAS, a notice of Public Hearing was posted in the Times Record News on
September 13, 2018 in accordance with State Law; and,
WHEREAS, a public hearing was held this day; and,
WHEREAS, the City Council for the City of Wichita Falls desires to adopt the
changes set out in the ordinance below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 106 Utilities Article 5 Division 3 On Site Sewage Facilities Sec 106-
408 (3) and (7) of the Code of Ordinances of the City of Wichita Falls is
hereby amended to read as follows:
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DIVISION 3. - ON-SITE SEWAGE DISPOSAL
Footnotes:
5
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State Law reference
On-site sewage disposal systems, Texas Local Government
Code § 366.001 et seq.
Sec. 106-406. - On-site sewage facility rules adopted.
30 Texas Administrative Code (TAC) chapters 30 and 285 (30 TAC chs. 30, 285)
and all future amendments and revisions thereto are incorporated by reference.
(Code 2001, § 106-406; Ord. No. 60-2009, 9-1-2009)
Sec. 106-407. - Compliance.
Any person who owns or has possession or control of a structure discharging
sewage into an on-site sewage facility (OSSF) within the jurisdictional area of the city
must ensure that the discharge and the on-site sewage facility comply with the rules
adopted in section 106-406.
(Code 2001, § 106-407; Ord. No. 60-2009, 9-1-2009)
Sec. 106-408. - Additional requirements.
In addition to the rules adopted in section 106-406, the city implements the following
more stringent regulations.
(1) A permit shall be required for all on-site sewage facilities (OSSF) regardless of
acreage, and so the exception found in 30 TAC § 285.3(f)(2) shall not apply in
the city limits.
(2) Permits shall not transfer automatically to a new owner upon sale or other
legal transfer of an OSSF, and so 30 TAC § 285.3(a)(3) shall not apply in the
city limits. Within 60 days prior to the sale or transfer of any property on which a
permitted OSSF exists, the seller or transferor must pay an inspection fee as
established by separate ordinance and have an inspection of the OSSF
performed by a licensed designated representative of the health district. Only
after the payment of such a fee and the conduct of an inspection in which the
OSSF is found to be compliant, does the permit become transferable upon any
sale or legal transfer which occurs within 60 days of the inspection. Permits for
OSSFs which transfer legally without the required fee and inspection shall be
deemed to be invalid, and the new owner, buyer or transferor must make
application for new permit and follow the procedures required for same before
operating the OSSF.
(3) Within 60 days prior to the sale or transfer of any property on which any
OSSF, including an OSSF exempt from permitting requirements by 30 TAC §
285.3(f), exists, the seller or transferor must pay an inspection fee and have an
inspection of the OSSF performed by a licensed designated representative of
the health district. Only after the payment of such a fee and the conduction of
an inspection in which the OSSF is found to be compliant, does the use of the
system become transferable upon any sale or legal transfer which occurs within
60 days of the inspection. OSSFs for properties which transfer without the
required fee and inspection shall be deemed to be invalid, and the new owner,
buyer or transferor must pay the required fee and obtain the inspection before
operating the OSSF.
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(4) The Aerobic Treatment Unit Sizing Chart in Table II of 30 TAC § 285.91(2) is
replaced with the following:
Aerobic Treatment Unit Sizing
For Residences Within the City Limits of Wichita Falls
Minimum Aerobic
Tank Treatment
Size of Home
Capacity
in gallons per day
3 or fewer bedrooms and less than 2,501 sq. ft. 450
4 bedrooms and less than 3,501 sq. ft. or less than 4 bedrooms,
600
larger than 2,500, but smaller than 3,501
5 bedrooms and less than 4,501 sq. ft. or less than 5 bedrooms,
750
larger than 3,500, but smaller than 4,501
6 bedrooms and less than 5,501 sq. ft. or less than 6 bedrooms,
900
larger than 4,500, but smaller than 5,501
7 bedrooms and less than 7,001 sq. ft. or less than 7 bedrooms,
1050
larger than 5,500, but smaller than 7,001
8 bedrooms and less than 8,501 sq. ft. or less than 8 bedrooms,
1200
larger than 7,000, but smaller than 8,501
9 bedrooms and less than 10,001 sq. ft. or less than 9 bedrooms,
1350
larger than 8,500, but smaller than 10,001
10 bedrooms and less than 11,501 sq. ft. or less than 10 bedrooms,
1500
larger than 10,000, but smaller than 11,501
For each additional bedroom above ten or every additional 1,500
add 150
sq. ft. of living area above 11,500
(5) The following requirement is added to 30 TAC § 285.32(a): Structures which
have more than one sewer stub out shall have a common connection of all
sewer lines before the treatment system unless the treatment system is
designed with more than one entrance.
(6) The following requirement is added to 30 TAC § 285.3(d): Installers and their
apprentices shall during installation, maintain on the job site copies of all
approved plans, contracts, manifests, well data, and the specifications of the
components relating to the installation of the OSSF, and shall make same
available to the inspector until all required inspections are completed.
(7) On-Site Sewage Facilities Maintenance and Management Practices:
in 30 TAC
285.91 (12). Further, maintenance and management practices shall comply with
30 TAC 285.7 and 285.39.
a. No homeowner/property owner shall be allowed to perform any
maintenance on an on-site disposal system using aerobic treatment unless the
homeowner/property owner:
1. Provides documentation of completing and passing a basic OSSF
maintenance course approved by the regulatory authority for aerobic
treatment units and the property to be maintained is owned by the
trained home owner, or
2. Holds a valid wastewater Class D license or higher wastewater
treatment license, or
3. An owner of an OSSF lawfully installed as of October 1, 2009, who
has maintained said OSSF prior to that date may continue to do so.
4. All of the above mentioned must be able to demonstrate to a licensed
designated representative of the health district that he can perform
the following procedures for maintaining the OSSF: replacing air
filters, cleaning aerobic diffusers, spinners and agitators, cleaning
pumps, testing for chlorine and/or fecal coliform, monitoring turbidity,
scum and sludge build-up, controlling odor, and ensuring the
application area is distributing properly and according to the original
system design. The owner must inspect the OSSF and submit an
inspection report to the health district every four months. An owner
who fails to submit inspections as required shall not be permitted to
self-maintain, and will be required to obtain a testing and reporting
contract from a licensed OSSF maintenance provider.
b. Each maintenance provider having contracts in Wichita Falls shall
register with Wichita Falls-Wichita County Public Health District (health
district) Environmental Health Division. Maintenance provider registration
st
shall be effective from the date of registration to December 31 of the same
year. Renewal maintenance provider registration for the next year shall not
st
be accepted before December 1 of the current year. New and renewal
maintenance contracts will only be accepted from maintenance providers
whose registration is current and in good standing. Maintenance provider
registration shall be free of charge.
1. Maintenance providers who fail to perform maintenance testing at the
required intervals, mark an inspection tag, or submit a report on time
two (2) or more times during any twelve (12) month period may have
their registration suspended for no longer than one (1) year in
addition to any other penalties that may apply. No new or renewal
maintenance contracts will be accepted from a maintenance provider
during the time their registration is suspended.
2. A licensed OSSF maintenance provider will submit an inspection
report for each OSSF to the health district every four months.
Renewal contracts shall be for a term of no less than one year and
include at least 3 inspections. Contract renewals with the same
maintenance provider will not be accepted by the health district
unless all of the maintenance reports from the previous contract
period have been received.
(8) All components that need to be replaced on an OSSF shall be replaced by an
individual licensed by the TCEQ to maintain OSSFs. Said replacement must
utilize components certified by the manufacturer for use on the specific model
being maintained.
(Code 2001, § 106-408; Ord. No. 60-2009, 9-1-2009)
Sec. 106-409. - Duties and powers of public health district.
The Wichita Falls/Wichita County Public Health District is declared the designated
representative for the enforcement of the rules under this division within the city.
Individuals employed by the health district will represent the district as the designated
representative; however, these individuals must be approved and certified by the Texas
Commission on Environmental Quality before assuming the duties and responsibilities
of the designated representative.
(Code 2001, § 106-409; Ord. No. 60-2009, 9-1-2009)
Sec. 106-410. - Fees.
(a) All fees collected for permits and/or inspections pursuant to this division shall be
made payable to the Wichita Falls/Wichita County Public Health District.
(b) The district shall establish a fee schedule for the on-site sewage facility program
within the city and maintain a copy of such fee schedule for inspection by the public.
Such fee schedule shall set reasonable fees for services performed by or at the
direction of the licensing authority and may be amended by the licensing authority
from time to time.
(Code 2001, § 106-410; Ord. No. 60-2009, 9-1-2009)
Sec. 106-411. - Appeals.
Persons aggrieved by an action or decision of the designated representative may
appeal such action or decision to the city council.
(Code 2001, § 106-411; Ord. No. 60-2009, 9-1-2009)
Sec. 106-412. - Penalties.
This division adopts and incorporates the applicable penalty provisions related to
on-site sewage facilities contained in Texas Health and Safety Code chs. 341 and 366;
Texas Water Code chs. 7, 26 and 37; and 30 TAC chs. 30 and 285.
(Code 2001, § 106-412; Ord. No. 60-2009, 9-1-2009)
Secs. 106-413106-530. - Reserved.
2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
3. t is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the City of
Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or the
Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 18th day of September, 2018.
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M A Y O R
ATTEST:
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City Clerk