2007-269ORDINANCE NO. 2007- 6 9
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 AMENDING ARTICLE IX THEREOF ENTITLED "ON-SITE
SEWAGE FACILITIES," DIVISION 1, SECTION 26-266; REGARDING THE LOCAL RULES
ADOPTED BY THE CITY OF DENTON REGARDING ON-SITE SEWAGE FACILITIES, TO
INCLUDE ADDING SECTION 26-266(7)x., 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
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abate or prevent pollution, or injury to public health in the City of Denton, Texas.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the facts and the recitations contained and cited in the preamble hereof
are hereby found and determined to be true and correct.
SECTION 2. 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;
SECTION 3. That Chapter 26 of the Denton Code of Ordinances, Article IX "On-Site
Sewage Facilities," Division 1, which contains Sections 260 through 270, is hereby amended by
adding and adopting Section 26-266(7)a., which shall read as follows:
"7. AEROBIC SYSTEM MAINTENANCE
(a.) The owner of a single-family residence using an aerobic treatment system shall
maintain the system through a maintenance contract and with a maintenance company that
complies with rules and standards promulgated by the Texas Commission on
Environmental Quality or its successor agency."
SECTION 4. 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
SECTION 5. That in the event any one 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.
SECTION 6. 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.
SECTION 7. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed $2,000. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
SECTION 8. That it is hereby officially found and determined that the meeting at which
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.
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SECTION 9. 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 ~ day of 2007
PERRY R. MCNE L, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
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