Ord 60-2009 9/1/2009 ORDINANCE NO. 60-2009
Ordinance Of The City Council Of The City Of Wichita Falls,
Texas, Amending Sections 106-406 Through 106-413 Of The
Code Of Ordinances Of The City Of Wichita Falls To Modify The
City's On-Site Sewage Facility Provisions
WHEREAS, the Texas Commission on Environmental Quality and the
Health District recommend revision of the existing On-Site Sewage Facilities
Ordinance to comply with State law; and,
WHEREAS, the City Council of the City of Wichita Falls desires to adopt
an On-Site Sewage Facilities Ordinance that is in the best interest of all citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
"DIVISION 3. ON-SITE SEWAGE DISPOSAL*
Sec. 106-406. On-site sewage facility rules adopted.
30 Texas Administrative Code (TAC) chapters 30 and 285 and all future
amendments and revisions thereto are incorporated by reference.
Sec.106-407. Compliance.
Any person who owns or has possession or control of a structure
discharging sewage into an onsite sewage facility 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.
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 regardless
of acreage, and so the exception found in 30 TAC §285.3(fl(2) shall not
apply in the city limits of Wichita Falls.
(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 of Wichita Falls. 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 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(fl, 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. Said inspection shall be conducted
for the purpose of determining whether the system is in need of repair.
(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
Size of Home Minimum Aerobic Tank
Treatment Capacity in
allons er da
3 or fewer bedrooms and less than 450
2,501 s . ft.
4 bedrooms and less than 3,501
sq.ft. 600
Or
Less than 4 bedrooms, larger than
2,500, but smaller than 3,501
5 bedrooms and less than 4,501
sq.ft. 750
Or
Less than 5 bedrooms, larger than
3,500, but smaller than 4,501
6 bedrooms and less than 5,501
sq.ft. 900
Or
Less than 6 bedrooms, larger than
4,500, but smaller than 5,501
7 bedrooms and less than 7,001
sq.ft. 1050
Or
Less than 7 bedrooms, larger than
5,500, but smaller than 7,001
8 bedrooms and less than 8,501
sq.ft. 1200
Or
Less than 8 bedrooms, larger than
7,000, but smaller than 8,501
9 bedrooms and less than 10,001
sq.ft. 1350
Or
Less than 9 bedrooms, larger than
8,500, but smaller than 10,001
10 bedrooms and less than 11,501
sq.ft. 1500
Or
Less than 10 bedrooms, larger than
10,000, but smaller than 11,501
For each additional bedroom above add 150
ten or every additional 1,500 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) The following requirements are added to 30 TAC §285.7(a):
(a) Every owner of a new OSSF must obtain a testing and
reporting contract from a licensed OSSF inaintenance provider.
(b) 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 as long as he perForms and submits an inspection of the
system every four months and provides the results of every
inspection to the Health District within two weeks of the inspection.
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 inaintenance provider.
(c) An owner of an OSSF that was previously maintained under a
testing and reporting contract from a licensed OSSF inaintenance
provider who wishes to maintain his own OSSF shall install,
activate and utilize the National Sanitation Foundation Onsite
Monitoring Program (NSFOMP). In order to self-maintain the
OSSF, the owner must 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.
(d) A licensed OSSF inaintenance provider will submit an
inspection report for each OSSF to the Health District every four
months. A maintenance provider who installs and utilizes the
NSFOMP will only be required to submit an inspection report for
any OSSF on which the program is utilized to the Health District
annually. When the NSFOMP is used under contract with a
licensed OSSF inaintenance provider, the maintenance provider
may input service and maintenance visits into the NSFOMP
communication system, thereby eliminating the need to submit
maintenance reports to the Health District. However, in
circumstances where imminent violations are present or repairs are
needed, the maintenance provider must still report this information
directly to the Health District.
(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.
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 of Wichita Falls. 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.
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.
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.
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 chapters 341 and 366; Texas Water Code
chapters 7, 26 and 37; and 30 TAC chapters 30 and 285.
Secs.106-413--106-530. Reserved."
PASSED AND APPROVED this the 1st day of September, 2009.
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ity Clerk
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Affidavit of Publication �
THE STATE OF TEXAS #241540
COUNTY OF WICHITA
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The Code Of o�a�- Kathy Salan, Sales Assistant for the Times Publishing
nances Of The City
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cility Provtstons Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
September 6, 2009
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Sales Assistant for Times Pub shing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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