The text
Sec. 23-1. - Criteria Chapter 366.#
The City of Burnet, 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 23-4 of this chapter (the "rules").
(Ord. No. 2003-03, § 3, 3-11-03)
Sec. 23-2. - Area of jurisdiction.#
The rules shall apply to all the area lying in incorporated limits of the City of Burnet, Texas.
(Ord. No. 2003-03, § 3, 3-11-03)
Sec. 23-3. - On-site sewage facility rules.#
Authorization to construct an on-site sewage facility ("OSSF") within the jurisdictional area of Burnet, Texas shall be obtained by the installer of the OSSF or the owner, occupant, or person in control of the property upon which the OSSF will be located before construction of the OSSF commences, except as provided in the rules adopted in section 23-4 and 23-5 of this chapter (the "rules"). Any person who obtains authorization to construct the OSSF shall cause the OSSF to be inspected by the city's designated inspector. The rules and this chapter shall govern the application for the authorization to construct the OSSF (the "application") and the inspection of the OSSF.
(Ord. No. 2003-03, § 3, 3-11-03; Ord. No. 2006-11, §§ 2, 4, 4-11-06)
Sec. 23-4. - On-site sewage facility rules adopted.#
The rules, Title 30 Texas Administrative Code (TAC) §§ 285.1 through 285.91 and Title TAC Chapter 30, as amended from time to time, promulgated by the Texas Commission on Environmental Quality for on-site sewage facilities are hereby adopted and all officials and employees of the city having duties under said rules are authorized to perform such duties as are required of them under said rules.
(Ord. No. 2003-03, § 3, 3-11-03; Ord. No. 2006-11, §§ 2, 4, 4-11-06)
Sec. 23-5. - 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 this chapter.
(Ord. No. 2003-03, § 3, 3-11-03; Ord. No. 2006-11, §§ 2, 4, 4-11-06)
Editor's note— Appendix I mentioned in § 23-5 is not set out herein and can be found in the office of the city secretary.
Sec. 23-6. - Amendments.#
The City of Burnet, 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 Texas Commission on Environmental Quality requirement. Listed below are the more stringent rules adopted by Burnet, Texas. (A)
Section 366.052, Texas Health and Safety Code, shall apply only to single residences on tracts of 30 acres or larger in which the field line or sewage disposal line is not closer than 200 feet of the property line.
(Ord. No. 2003-03, § 3, 3-11-03)
Sec. 23-7. - Duties and powers.#
The OSSF Inspector of Burnet, Texas, must be certified by the Texas Commission on Environmental Quality before assuming the duties and responsibilities.
(Ord. No. 2003-03, § 3, 3-11-03)
Sec. 23-8. - Fees; collection of fees.#
(a)
The following fees shall be charged to defray the cost of administering this chapter:
(1)
Application fee: $500.00
The application shall include three inspections of $75.00 each.
These inspections will be:
a.
Site evaluation
b.
Rough-in (prior to covering plumbing)
c.
Final
(2)
Reinspection fee: $75.00
(b)
In the event that an application is reviewed by the city engineer and the actual cost of the application review and inspections of the OSSF exceed $500.00, the applicant shall pay the actual cost of the review and inspection.
(c)
All fees collected under this chapter shall be made payable to Burnet, Texas.
(Ord. No. 2003-03, § 3, 3-11-03; Ord. No. 2006-11, §§ 3, 4, 4-11-06)
Sec. 23-9. - Appeals.#
Persons aggrieved by an action or decision of the designated representative may appeal such action or decision to the board of adjustments for the City of Burnet, Texas.
(Ord. No. 2003-03, § 3, 3-11-03)
Sec. 23-10. - Penalties.#
This chapter 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, 26 and 37 of the Texas Water Code and 30 TAC Chapters 30 and 285. Any person who shall violate any of the provisions of this chapter, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ord. No. 2003-03, § 3, 3-11-03)