Loading...
Ord 082-2000 8/15/2000C'7 ORDINANCE NO. ORDINANCE AMENDING CHAPTER 32, WATER AND SEWERS, AT ARTICLE V, DIVISION 2, TO PROVIDE FOR THE REGULATION OF ON -SITE SEWAGE FACILITIES; AND RECODIFYING FORMER SECTION 32 -102 OF THIS CHAPTER AS SECTION 22 -37 OF ARTICLE III, CHAPTER 22, PARKS, RECREATION AND LAKES; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Texas Natural Resource Conservation Commission has established Design Criteria for on -site sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and, WHEREAS; the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government as the designated agent of the State to regulate the use of on -site sewage disposal facilities in its jurisdiction in order to abate or prevent pollution, or injury to public health arising out of the use of on -site sewage facilities; and, WHEREAS, due notice was given of a meeting and public hearing to determine whether the City Council of Wichita Falls, Texas should enact an order controlling or prohibiting the installation or use of on -site sewage facilities in the City of Wichita Falls, Texas; and, WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the City Council of Wichita Falls, Texas; and, WHEREAS, the City Council of Wichita Falls, Texas finds that the use of on -site sewage facilities in The City of Wichita Falls, Texas is causing or may cause pollution, and is injuring or may injure the public health; and, WHEREAS, the City Council of Wichita Falls, Texas has considered the matter and deems it appropriate to enact an Ordinance adopting Rules regulating on -site sewage facilities to abate or prevent pollution, or injury to public health in The City of Wichita Falls, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 32, Water and Sewers, at Article V, Division 2, is hereby amended in its entirety to read as follows: "DIVISION 2. ON -SITE SEWAGE DISPOSAL Sec. 32 -96. On -Site Sewage Facility Rules Adopted. The Design Criteria For On -Site Sewage Facilities, Texas Administrative Code 30 TAC 285.1 - 285.91, promulgated by the Texas Natural Resource Conservation Commission, as authorized under Chapter 366 of the Texas Health and Safety Code (the "Rules "), for sewage are hereby adopted, and all officials and employees of the City of Wichita Falls, Texas, having duties under said Rules are authorized to perform such duties as are required of them under said Rules. Sec. 32 -97. On -Site Sewage Facility Rules. Any structure discharging sewage into an on -site sewage facility within the jurisdictional area of the City of Wichita Falls, Texas must comply with the Rules adopted in Section 32 -96 of this ordinance. Sec. 32 -98. Incorporation by Reference. The Design Criteria (30 TAC 285.1- 285.91) and all future amendments and revisions thereto are incorporated by reference and are thus a part of these Rules. A copy of the current Design Criteria is on file with the City Clerk's Office. Sec. 32 -99. Additional Requirements. In addition to the Rules adopted in Section 32 -97 of this ordinance, the City of Wichita Falls implements more stringent regulations at the following specified sections: (a) Texas Administrative Code, Title 30, Part 1, Chapter 285, Subchapter C, Rule 285.20(1) A permit shall be required for all on -site sewage facilities regardless of acreage. (b) Texas Administrative Code, Title 30, Part 1, Chapter 285, Subchapter C, Rule 285.20(5) Any residence, business or other facility with an existing OSSF is required to pay a fee and have an inspection of the OSSF prior to any sale and/ or transfer of ownership of the property or system. Sec. 32 -100. Duties and Powers. The Wichita Falls/Wichita County Public Health District of the City of Wichita Falls, Texas ( "District ") is herewith declared the designated representative for the enforcement of these Rules within its jurisdictional area. The appointed individual(s) must be approved and certified by the Texas Natural Resource Conservation Commission before assuming the duties and responsibilities of the Designated Representative of the City of Wichita Falls, Texas. Sec. 32 -101. Collections of Fees. All fees collected for permits and /or inspections shall be made payable to Wichita Falls/Wichita County Public Health District. 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. Sec. 32 -102. Appeals. Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the City Council of Wichita Falls, Texas. Sec. 32 -103. Penalties. This ordinance adopts and incorporates all applicable penalty provisions related to on -site sewage facilities, including, but not limited to, those found in Chapters 341 and 366 of the Texas Health and Safety Code, Chapter 26 of the Texas Water Code and 30 TAC Chapter 285." SECTION 2. Former Section 32 -102, Pollution of Lakes, of Chapter 32 is hereby recodified as Section 22 -37 of Article III, Chapter 22, and shall read as follows: "Sec. 22 -37. Pollution of Lakes. (a) Litter shall mean garbage, including animal and vegetable wastes, resulting from the preparation, cooking and consumption of food; and trash, including boxes, crates, cloth, paper, cans, bottles, and any other refuse or debris and specifically including moss, weeds, or other marine vegetation growths which may be cut loose and set adrift in the course of attempting to kill off such growth. (b) There shall not be dumped, thrown, drained or discharged, directly or indirectly, into the Wichita Falls water supply any sewage, industrial waste, oil, effluent, waste, gas, liquid, weed killer (herbicide), litter, soil, solid or other matter of a nature or in quantities or in a concentration that by itself, or in conjunction with any other such matter does or tends to render the waters of the Wichita Falls water supply unfit or undesirable for use as a domestic, agricultural, industrial, or commercial source or supply of water, or that does or tends to cause the waters to become unsanitary, odorous, polluted, discolored or contaminated, or that does or tends to render such waters undesirable or unfit for recreational purposes. The doing of any act prohibited hereby shall hereafter be referred to as "pollution." Pollution shall refer to water quality criteria as established by the Texas Natural Resource Conservation Commission or as determined by the health officer. (c) Pursuant to TEXAS LOCAL GOVERNMENT CODE §217.042, each of the acts prohibited hereby is declared to be a public nuisance and unlawful; and any person committing any act prohibited hereby, or failing to do any act required by this division shall be guilty of violating the provisions of this division. (d) Notwithstanding any other provisions hereinbefore, authority may be granted by the health officer in his discretion to authorize the use of experimental substances, materials or equipment which he feels may contribute to the overall intent of the provisions of this division so long as they do not endanger the public health. In all cases, application for authorization to utilize such experimental substances, materials or equipment must be made to the health officer, who shall, if he approves such application, issue a written permit spelling out in detail any limitations which he may consider to be essential in protecting the interests of the public." SECTION 3. It 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. SECTION 4. That 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. SECTION 5. This Ordinance shall be in full force and effect from and after its date of approval as required by law and upon the approval of the Texas Natural Resource Conservation Commission. SECTION 6. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 15th day of August 2000. A M A Y O R ATTEST: City Clerk Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1195150 (Here) ORDINANCE NO. 82-2000 On this 5th day of September 2000 personally ORDINANCE AMEND- TER AND SEWERS ING CHAPTER 32,AT appeared before me, the undersigned authority, Saundra Barnett, ARTICLE V, DIVISION 2, TO PROVIDE FOR bookkeeper for the Times Publishing Company of Wichita F THE REGULATION OF ON-SITE SEWAGE FA- ails, publishers of the Wichita Falls Times/Record News, a CILITIES; AND RE- SEDCIT OIN 32FORER-1102 OF newspaper published at Wichita Falls in Wichita County, Texas, THIS CHAPTER AS SECTION 22-37 OF AR- and upon being duly sworn by me, on oath states that the attached TICLE III, CHAPTER 22, PARKS, RECRE- advertisement is a true and correct copy of advertising published in ATION AND LAKES; PROVIDING FOR IN- one (1) issues thereof on the following dates :September 3ra 2000. CLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDI- NANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Saundra Barnett Bookkeeper for the Times Publishing Company of Wichita Falls (Seal) Subscribed and sworn to before me this the day and'year first above written: o,�k °°° kta }{ e ! .i ( i A Q` tif.