AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS MAKING COMPREHENSIVE
CHANGES TO CHAPTER 11 OF THE BASTROP CODE OF ORDINANCES, ARTICLE 11.600
"ON-SITE SEWAGE DISPOSAL" APPLYING TO ON-SITE SEWAGE FACILITIES
WITHIN THE INCORPORATED AREAS OF THE CITY OF BASTROP, TEXAS; REPEALING
ANY INCONSISTENT PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a Home Rule
municipality incorporated and operating under the Laws of the State
of Texas; and
WHEREAS,
the Texas Commission on Environmental Quality has established Rules
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
to regulate the use of on-site sewage 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 public meeting to determine whether the
City Council of The City of Bastrop, Texas should enact an Ordinance
controlling or prohibiting the installation or use of on-site sewage
facilities in the City of Bastrop, Texas; and
WHEREAS,
the City Council of Bastrop, Texas finds that it is in the best interest
of the health, safety, and welfare of its citizens to regulate the
use of on-site sewage facilities in the City of Bastrop, Texas; and
WHEREAS,
the City Council of the City of Bastrop, Texas has considered the
matter and deems it appropriate to enact an Ordinance making comprehensive
amendments to current Rules regulating on-site sewage facilities to
abate or prevent pollution, or injury to public health in the City
of Bastrop, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BASTROP, TEXAS:
PART
1. The matters and facts recited
in the preamble hereof are hereby found and determined to
be true and correct;
PART 2. The adoption of rules governing
the use of on-site sewage facilities in the City of Bastrop,
Texas is to promote the health, safety or general welfare
of its citizens;
PART 3: That ARTICLE 11.600 "ON-SITE
SEWAGE DISPOSAL" of the Code of Ordinances of the City
of Bastrop, shall be and is hereby amended so that ARTICLE
11.600 shall now be entitled "ON-SITE SEWAGE FACILITIES"
and shall read as follows:
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ARTICLE 11.600
ON-SITE SEWAGE FACILITIES
PART
4. That no revisions to Article 11.600, Section
11.601 "Conflicts" are necessary at this time.
PART 5. That Article 11.600, Section
11.602 "Adopting Chapter 366" of the Code of Ordinances
of the City of Bastrop, Texas is hereby amended to read as
follows:
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Sec. 11.602 Adopting
Chapter 366
The City of Bastrop, Texas clearly understands that there are technical
criteria, legal requirements, and administrative procedures and duties
associated with regulating on-site sewage facilities, and will fully
enforce Chapter 366 of the Texas Health and Safety Code (H&SC)
and Chapters 7 and 37 of the Texas Water Code (TWC), and associated
rules referenced in Section 8 of this Ordinance.
PART
6. That no revisions to Article 11.600, Section
11.603 "Area of Jurisdiction" and Section 11.604
"On-Site Sewage Facility Rules" are necessary at
this time.
PART 7. That Article 11.600, Section
11.605 "On-Site Sewage Facility Rules Adopted" of
the Code of Ordinances of the City of Bastrop, Texas is hereby
amended to read as follows:.
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Sec. 11.605 On-Site
Sewage Facility Rules Adopted
The Rules, Title 30 Texas
Administrative Code (TAC) §285.1-§285.91 and TAC 30, attached
hereto, promulgated by the Texas Commission on Environmental Quality,
or any successive agency, for on-site sewage facilities are hereby
adopted, and all officials and employees of The City of Bastrop, Texas
having duties under said Rules are authorized to perform such duties
as are required of them under said Rules.
PART
8. That Article 11.600, Section 11.606 "Incorporation
by Reference" of the Code of Ordinances of the City of
Bastrop, Texas is hereby amended to read as follows:
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Sec. 11.606 Incorporation
by Reference
The Rules, 30 TAC Chapters 30 and 285 and all future amendments and
revisions thereto are incorporated by reference and are thus made
a part of these Rules. A copy of the current Rules is attached to
these Rules as Appendix I and is also maintained on file in the office
of the city secretary.
PART
9. That Article 11.600, Section 11.607 "Amendments"
of the Code of Ordinances of the City of Bastrop, Texas is
hereby amended to read as follows:
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Sec. 11.607 Amendments
The City of Bastrop, Texas,
wishing to adopt more stringent Rules for its On-Site Sewage Facility
Ordinance understands that the more stringent conflicting local Rule
shall take precedence over the corresponding requirement of the Texas
Commission on Environmental Quality or any successive agency. Listed
below are the more stringent Rules adopted by The City of Bastrop,
Texas:
(1) No lot having
a surface area of less than one (1) acre shall be henceforth
permitted to utilize individual on-site sewage facility methods
for sewage disposal; except that lots in subdivisions properly
platted, approved, and recorded prior to April 20, 1981, shall
be exempt from this one (1) acre minimum lot size requirement,
to the extent permitted by current Design Criteria for On-Site
Sewage Facilities and Administrative Rules of the Texas Commission
on Environmental Quality, or any successive agency.
(2) All individual
surface and subsurface methods for sewage disposal (including
septic systems) within the stated City of Bastrop jurisdiction
shall have a sitespecific design by a registered professional
engineer or a registered sanitarian; and such engineer or
sanitarian shall, upon project completion, certify that the
installation has been completed in accordance with that engineer's
or sanitarian's approved design plans. Such certification
and plans shall be satisfactory to the city's designated representative
(city engineer).
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PART
10. That Article 11.600, Section 11.608 "Development
of Organized Disposal Systems" of the Code of Ordinances
of the City of Bastrop, Texas is hereby amended to read as
follows:
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Sec. 11.608 Development
of Organized Disposal Systems
In order to implement the
state policy of the Legislature, the Texas Commission on Environmental
Quality or any successive agency, and the City of Bastrop Subdivision
Ordinance, to encourage the development and use of organized disposal
systems to serve the waste disposal needs of the citizens of the state
and to prevent pollution, protect the public health, and maintain
and enhance the quality of water in the state, the following requirements
are made:
(1) No person may
cause or allow the installation of an onsite sewage facility
when any part of the facility is to be within 300 feet in
horizontal distance (measured on the closest practical access
route) of an existing Texas Commission on Environmental Quality
or any successive agency approved organized sewage disposal/collection
system, unless one of the following requirements has been
met:
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(A)The person
has received a written denial of service from the owner
or governing body of the Texas Commission on Environmental
Quality of any successive agency approved-organized disposal/collection
system; or
(B) The person
has received a written determination from the designated
representative that it is not feasible for the person to
connect to the organized disposal/collection system.
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(2) Whenever a
Texas Commission on Environmental Quality or any successive
agency approved organized public disposal collection system
is developed within 300 feet in horizontal distance (measured
on the closest practical route) from any part of a private
sewage facility, such private facility shall be discontinued
at the time of any malfunction which requires repairs, alterations,
or reconditioning, and the property shall be promptly connected
to the organized disposal/collection system at the landowner's
expense, unless one of the requirements set forth in subsections
(1)(A) or (1)(B) of this section has been met. The fees for
permits and inspections shall be paid to the city. The Bastrop
City Council shall have the authority to reduce such fees
in hardship situations.
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PART
11. That Article 11.600, Section 11.609 "Duties
and Powers" of the Code of Ordinances of the City of
Bastrop, Texas is hereby amended to read as follows:
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Sec. 11.609 Duties
and Powers
The city manager of the
City of Bastrop, Texas, shall appoint the city's designated representative
for the enforcement of these rules within its jurisdictional area.
The appointed individual(s) must be approved and certified by the
Texas Commission on Environmental Quality or its successive agency
before assuming the duties and responsibilities of the designated
representative of Bastrop, Texas. The designated representative shall
have the following duties and concomitant powers:
(1)To resolve any
question regarding any interpretation of these rules, or the
design criteria, and review any proposed design plans and
specifications for on-site systems.
(2) To enforce
these rules and to make appropriate recommendations to the
proper city officials when instances of noncompliance with
these rules have been determined.
(3)To make statutorily
mandated inspection of proposed, new and existing on-site
sewage facilities using locally based inspection personnel.
(4) To collect fees set by the authorized agent as necessary
to recover the reasonable costs incurred in meeting the requirements
of these rules.
(5) To make semi-annual
reports to the authorized agent on all actions, including
legal actions, taken concerning these rules.
(6) To investigate nisance somplaints within 21 days of receipt.
All validated complaints shall be resolved or substantial
progress made toward resolution by the responsible individual
within 30 days.
(7) To perform
all other duties necessary to meet the requirements of these
rules.
PART
12. That no revisions to Article 11.600, Section
11.610 "Collection of Fees," Section 11.612 "Appeals"
are necessary at this time.
PART 13. That Article 11.600, Section 11.611
"License to Operate" of the Code of Ordinances of
the City of Bastrop, Texas be deleted.
PART 14. That Article 11.600, Section
11.613 "Enforcement" of the Code of Ordinances of
the City of Bastrop, Texas be deleted.
PART 15. That Article 11.600, Section
11.614 "Penalties" of the Code of Ordinances of
the City of Bastrop, Texas is hereby amended to read as follows:
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Sec. 11.614 Penalties
(a) This Ordinance
adopts and incorporates all applicable penalty provisions
related to onsite sewage facilities, which includes, but is
not limited to, those found in Chapters 341 and 366 of the
Texas Health and Safety Code, Chapters 7, 26, and 37 of the
Texas Water Code and 30 TAC Chapters 30 and 285.
PART
16. That Article 11.600, Section 11.615 "Emergency
Repair' of the Code of Ordinances of the City of Bastrop,
Texas be deleted.
PART 17. That Article 11.600, Section
11.616 "Relinquishment of Article" of the Code of
Ordinances of the City of Bastrop, Texas be deleted.
PART 18. SEVERABILITY
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It is hereby declared to
be the intention of the City Council of The City of Bastrop, Texas,
that the phrases, clauses, sentences, paragraphs, and sections of
this Ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this Ordinance should be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, or sections of this Ordinance, since
the same would have been enacted by the City Council without incorporation
in this Ordinance of such unconstitutional phrases, clause, sentence,
paragraph, or section.
Part
19. EFFECTIVE DATE
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 Commission on Environmental Quality.
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READ and Acknowledged
on First Reading on the 8th day of November 2005.
READ and Adopted on Second Reading on the 22nd day of November 2005.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo Christy Brown
Brown & Carls, L.L.P.
City Attorney
