2006-025
ORDINANCE NO. 2006- 025"
AN ORDINANCE AMENDING ARTICLE V., ENTITLED "DIRECT AND INDIRECT
DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO
WASTEWATER UTILITIES BY REPEALING THE DEFINITION OF SEPTIC SYSTEM (ON-
SITE SEW AGE FACILITIES) AS PART OF SECTION 26-153; REPEALING SECTION 26-172
AND SECTION 26-177 IN THEIR ENTIRETY; ADOPTING AND FULLY ENFORCING THE
PROVISIONS OF CHAPTER 366, TEXAS HEALTH AND SAFETY CODE, AS AMENDED;
ADOPTING AND FULLY ENFORCING THE PROVISIONS OF CHAPTERS 7 AND 37 OF
THE TEXAS WATER CODE; PROVIDING FOR THE REGULATION AND CONTROL OF
ON-SITE SEWAGE DISPOSAL FACILITIES, INCLUDING THE ADOPTION OF THE STATE
OF TEXAS ON-SITE SEWAGE FACILITY RULES, 30 TEXAS ADMINISTRATIVE CODE,
SECTIONS 285.1 THROUGH 285.91, AS PROMULGATED BY THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY, OR ANY SUCCESSOR AGENCY; ADOPTING
ARTICLE IX, ENTITLED "ON-SITE SEWAGE FACILITIES," DIVISION I, SECTIONS 26-260
THROUGH 26-270; PROVIDING FOR THE LOCAL RULES ADOPTED BY THE CITY
REGARDING ON-SITE SEWAGE FACILITIES, NUMBERS I THROUGH 6, INCLUSIVE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS THEREOF;
PROVIDING THAT A PENALTY SHALL BE RECOVERABLE FOR EACH DAY A
PROVISION OF THIS ORDINANCE IS VIOLATED, AND EACH SUCH VIOLATION SHALL
BE A SEPARATE OFFENSE; PROVIDING FOR A CIVIL FINE OF NOT TO EXCEED $1,000
PER DAY FOR VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER
DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE
CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
OPEN MEETINGS CLAUSE; PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE
WHICH HAS BEEN CONSIDERED BUT NOT APPROVED BY THE CITY COUNCIL TO
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR CITY
COUNCIL APPROVAL THEREOF; PROVIDING FOR PUBLICATION THEREOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is a home-rule municipality, having been created by
the City's Home Rule Charter, adopted by the voters at an election held on February 24, 1959; and
WHEREAS, the Texas Commission on Environmental Quality ("TCEQ") has established
Rules for on-site sewage facilities to provide the citizens of this State with adequate public health
protection; and
WHEREAS, the Texas 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 to the public of a public meeting for the purpose of
determining whether the City Council of the City of Denton, Texas should enact an Ordinance
controlling or prohibiting the installation or use of on-site sewage facilities in the City of Denton,
Texas; and
WHEREAS, the City Council of the City of Denton, Texas finds that the use of on-site
sewage facilities in the City of Denton, Texas is causing or may cause pollution, and is injuring
or may injure the public health; and
WHEREAS, the City Council of the City of Denton, 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 Denton, Texas.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SFrnON 1 That the facts and the recitations contained and cited in the preamble hereof
are hereby found and determined to be true and correct.
SFrTTON 7 That Section 26-153 of the Code of Ordinances of the City of Denton, Texas
is hereby amended by removing the definition of "Septic System (On-Site Sewage Facilities)" in its
entirety.
SFrTTON., That Section 26-172 of the Code of Ordinances of the City of Denton, Texas
entitled "Septic Systems" is hereby repealed in its entirety.
SFrTTON 4 That Section 26-177 of the Code of Ordinances of the City of Denton, Texas
entitled "Abatement of Nuisances" is hereby repealed in its entirety.
SFrnON ~ That the use of On-site sewage facilities in the City of Denton, Texas is
causing or may cause pollution, or is injuring or may injure the public health;
SFrTTON Ii. That Chapter 26, Article V of the Denton Code of Ordinances titled "Direct
and Indirect Discharge Into Sanitary Wastewater System" is hereby amended by adopting Chapter
26, Article IX "On-Site Sewage Facilities," Division 1, which contains Sections 26-260 through 26-
270, which shall read as follows:
Article IX.
DIVISION I. ON-SITE SEWAGE FACILITIES
26-260. Conflicts. This Ordinance repeals and replaces any other On-site Sewage Facility
Ordinance for the City of Denton.
26-261. Chapter 366. The City of Denton, 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 I of this Ordinance.
26-262. Area of Jurisdiction. The Rules shall apply to all the area lying within the
incorporated limits of the City of Denton, Texas.
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26-263. On-Site Sewage Facility Rules.. Any permit issued for an on-site sewage facility
within the jurisdictional area of the City of Denton, Texas must comply with the Rules adopted
in Section 26-264 of this Ordinance.
26-264. On-Site Sewage Facility Rules Adopted. The Rules, Title 30 Texas Administrative
Code (TAC) S285.1-S285.91and TAC 30, attached hereto, promulgated by the Texas
Commission on Environmental Quality for on-site sewage facilities are hereby adopted, and all
officials and employees of the City of Denton, Texas having duties under said Rules are
authorized to perform such duties as are required of them under said Rules.
26-265. Incorporation By Reference. The Rules, 30 TAC Chapters 30 and 285 and all
future amendments and revisions thereto are incorporated by reference herewith and are thus
made a part of these Rules. A copy of the current Rules is attached to these Rules as Appendix 1.
26-266. Amendments to the Rules Adopted by the City of Denton. The City of Denton,
Texas, wishing to adopt more stringent Rules for its On-Site Sewage Facility Ordinance,
understands that the more stringent conflicting local Rule( s) shall take precedence over the
corresponding Texas Commission on Environmental Quality requirement. Listed below are the
more stringent Rules adopted by the City of Denton, Texas:
1. ON-SITE SEW AGE FACILITY PERMITS
(a) A property owner of a residential, commercial or institutional building utilizing an
on-site sewage facility that is located on a tract of land, regardless of acreage, shall secure
and possess a permit /Tom the City of Denton, Texas to construct, or alter, or repair, or
extend an on-site sewage facility.
2. ON-SITE SEW AGE FACILITY PLANNING REQUIREMENTS
(a) A professional sanitarian or a professional engineer shall prepare on-site sewage
facility plans.
3. LAND USE REQUIREMENTS FOR ON-SITE SEWAGE FACILITIES UTILIZING
PRIV ATE WATER WELLS
(a) Lots or tracts ofland platted or created after the Effective Date of these Rules shall
have a minimum area of two (2) acres, when a private water well is located on that tract of
land.
4. LAND USE REQUIREMENTS FOR ON-SITE SEWAGE FACILITY UTILIZING
PUBLIC WATER SYSTEMS
(a) Lots or tracts of land that are platted or created after the Effective Date of these
Rules shall have a minimum area of one (I) acre.
5. MAINTENANCE OF SURFACE IRRIGATION SYSTEMS
(a) CommerciallInstitutional Buildings.
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A maintenance company shall inspect each system and test the effluent after
disinfection, at least once every four (4) months, for concentrations of Carbonaceous
Biochemical Oxygen Demand (mg/l "CBOD") and Total Suspended Solids (mg/l
"TSS").
6. AEROBIC TREATMENT TANKS
(a) Aerobic treatment tanks shall not be installed at a depth greater than two (2) feet
measured /Tom the top of the tank lid to the top of the tank excavation. All other
requirements adopted by the Texas Commission on Environmental Quality or its successor
agency, shall apply.
26-267. Duties and Powers. The OSSF Inspector of the City of Denton, Texas, must be
certified by the Texas Commission on Environmental Quality before assuming the duties and
responsibilities.
26-268. Collection of Fees. All fees collected for permits and/or inspections shall be
made payable to the City of Denton, Texas.
26-269. Appeals. Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the City Council of the City of Denton,
Texas.
26-270. 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, 26, and 37 of the
Texas Water Code and 30 TAC Chapters 30 and 285.
SFCTTON 1 It is hereby declared to be the intention of the City Council of the City of
Denton, 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
SFCTTON 7 That in the event anyone or more provisions of this ordinance are held by
a court or an administrative agency of competent jurisdiction to be illegal, invalid or
unenforceable in any respect, the City shall make a good faith effort to remedy the defect, if any,
to fulfill the purpose and intent of this ordinance.
SFCTTON 1 That all ordinances or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SFrTTON 4. That it is hereby officially found and determined that the meeting at which
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this ordinance is passed was open to the public as required by law and that public notice of the time,
place, and purpose of said meeting was given as required by the Open Meetings Act, as amended
Texas Government Code, Chapter 551; and that a quorum of the City Council was present.
SFr'TTON'i This Ordinance shall, be in full force and effect from and after its
effective date as required by law and upon the subsequent approval of the Texas Commission on
Environmental Quality. That this ordinance, in accordance with City of Denton Charter, Sec.
2.09(c), shall become effective fourteen (14) days after this ordinance is approved by the City
Council, but after the date of its later approval by the Texas Commission on Environmental
Quality, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its later approval by the Texas Commission on
Environmental Quality. Following the passage of the ordinance by the Denton City Council and
later approval of the ordinance by the Texas Commission on Environmental Quality, the
publication of notice of the ordinance as required by the Charter, and after the effective date of the
ordinance, as stated in this Section, the City Secretary shall thereafter send by U.S. Mail a true and
correct certified copy of this ordinance as enacted, of the minutes of the City Council pertinent
thereto, the proof of publication of notice relating thereto, an Affidavit relating to the submission,
and all other documents that may be pertinent; to the Texas Commission on Environmental Quality,
Supervisor, On-Site Sewage Disposal Facilities Department, Austin, Texas.
PASSED AND APPROVED this the /7tA day of qtJ/UlA-4f' 2006.
C~~L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
B/VWA ~~
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