ORD 2000-12 - Sewage Facilities 07-11-2000ORDINANCE NO. 2000-12
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 17
"HEALTH AND SANITATION" BY ADDING A NEW PART 17.04 "RULES FOR ON -SITE
SEWAGE FACILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
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 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 the City of Huntsville, Texas should enact an order controlling or prohibiting the
installation or use of on -site sewage facilities in the City of Huntsville, 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; and
WHEREAS, the City Council finds that the use of on -site sewage facilities in the City of
Huntsville, Texas is causing or may cause pollution, and is injuring or may injure the public health;
and
WHEREAS, the City Council 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 Huntsville, Texas; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: The matters and facts recited in the preamble hereof are found and determined
to be true and correct.
SECTION 2: The use of on -site sewage facilities in the City of Huntsville, Texas is causing
and may cause pollution or is injuring or may injure the public health.
SECTION 3: Title 17 "Health and Sanitation" of the Code of Ordinances of the City of
Huntsville, Texas, is hereby amended to add a new Part 17.04 "Rules for On -Site Sewage Facilities"
which shall hereinafter read as follows:
"Part 17.04
RULES FOR ON -SITE SEWAGE FACILITIES
Part 17.04.01 Adopting Chapter 366.
The City of Huntsville, Texas clearly understands the technical criteria, legal requirements, and
administrative procedures and duties associated with regulating on -site sewage facilities, and adopts
and will fully enforce Chapter 366 of the Texas Health and Safety Code.
Part 17.04.02 Area of Jurisdiction.
The rules adopted by this Ordinance shall apply to all of the incorporated area of the City of
Huntsville, Texas.
Part 17.04.03 On -Site Sewage Facility Rules.
Any structure discharging sewage into an on -site sewage facility within the jurisdictional area of the
City of Huntsville, Texas must comply with the Rules adopted in Part 17.04.04 of this Ordinance.
Part 17.04.04 On -Site Sewage Facility Rules Adopted.
The "Design Criteria For On -site Sewage Facilities" (the "Design Criteria ") and Administrative
Rules 30 TAC 285.1- 285.91 promulgated by the Texas Natural Resource Conservation Commission
for on -site sewage systems (the "Rules ") as amended or revised from time to time, attached hereto
and incorporated herein as Appendices I and II respectively, are hereby adopted, and all officials and
employees of the City of Huntsville, Texas having duties under said Rules are hereby authorized to
perform such duties as are required of them under said Rules.
Part 17.04.05 Duties and Powers.
The Building Official or his designee of the City of Huntsville, Texas is herewith declared the
designated representative for the enforcement of these Rules within the jurisdicitional area. The
Building Official or his designee must be approved or certified by the Texas Natural Resource
Conservation Commission before assuming the duties and responsibilities of the Designated
Representative of the City of Huntville.
Part 17.04.06 Collection of Fees.
All fees collected for permits and/or inspections pursuant to the Rules shall be made payable to the
City of Huntsville, Texas.
Part 17.04.07 Appeals.
Persons aggrieved by an action or decision of the Designated Representative may appeal such action
or decision to the City of Huntsville Board of Appeals.
Part 17.04.08 Penalties.
This Ordinance adopts and incorporates all applicable penalty provisions related to on-site 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 and 26 of the Texas Water Code, and 30 TAC Chapter 285.
Part 17.04.09 Relinquishment of Order.
If the City Council decides that it no longer wishes to regulate on-site sewage facilities in its area
of jurisdiction, the City Council shall:
a. Inform the Texas Natural Resource Conservation Commission by certified mail at least
30 days before the published date of the public hearing notice that it wishes to rescind this
Ordinance;
b. Direct the City Secretary to publish public notice in a newspaper regularly published or
circulated in the area of jurisdiction at least 30 days prior to the anticipated date of action by the City
Council;
c. Direct the City Secretary to send a copy of the public notice, a publisher's affidavit of
public notice; and a certified copy of the minutes rescinding this Ordinance to the Texas Natural
Resource Conservation Commission; and
d. Coordinate with the Executive Director of the Texas Natural Resource Conservation
Commission and agree to a date upon which the City of Huntsville shall relinquish its local
regulation of on-site sewage facilities.
SECTION 3: All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this Ordinance.
SECTION 4: It is hereby declared to be the intention of the City Council 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 of such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5: This Ordinance shall become effective from and after its date of passage and
upon the approval of the Texas Natural Resource Conservation Commission.
PASSED AND APPROVED ON THIS THE 11TH DAY OF JULY, 2000.
CITY OF HUNTSVILL , TEXAS
William B. Green, Mayor
ATT
anna Welter, City Secretary
APPROVED AS TO FORM:
Paul Isham, City Attorney