HomeMy WebLinkAboutOrdinance No. 80-10 r • �
ORDINANCE N0. ��i' /1^'i
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS , SETTING FORTH
STANDARDS FOR PRIVATE SEWAGE FACILITIES ; PROVIDING FOR LICENS-
ING, PERMITS, INSPECTIONS , FEES AND TESTS ; PROVIDING FOR THE
ENFORCEMENT BY THE GALVESTON COUNTY HEALTH DEPARTMENT; PROVID-
ING FOR EXCEPTIONS AND APPEALS ; AND PROVIDING A PENALTY NOT
TO EXCEED TWO HUNDRED DOLLARS ($200 . 00 ) FOR EACH VIULATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section l. CONSTRUCTION STANDARDS FOR PRIVATE SEWAGE
FACILITIES : Construction of private sewage facilities in all
of the area lying within the boundaries of the incorporated
limits of the City of Friendswood, Texas will be accomplished
in conformance with the Standards of the Texas Department of
Health adopted by the Texas Board of Health November 30 , 1977
titled "Construction Standards for Private Sewage Facilities"
which is made part of this Ordinance by reference.
Section 2 . AMENDMENTS : The "Construction Standards for
Private Sewage Facilities" as adopted by the Texas Board of
Health November 30 , 1977 is hereby amended as follows :
A. Definitions : For the purpose of this Ordinance , the terms
listed shall have the following meanings :
l. "Board" means the Texas Department of Water Resources .
2 . "Building"-the word building shall include any house ,
business , factory, schoolhouse , theatre , filling station,
tourist court , bus station, tavern or any other roofed
and walled structure , public or private.
3 . "City" shall mean the City of Friendswood , Texas .
4 . "Council" shall mean the City Council of the City of
Friendswood, Texas .
5 . "Director" means the Director of the Galveston County
Health Distri:ct or his delegated representative.
6 . "Disposal System" shall have the same meaning as the
septic tank system.
7. "Drainfield" shall have the same meaning as subsurface
sewage disposal system.
8 . "Health District" means the Galveston County Health
District.
9 . "Multiple Dwelling" means any structure designed and
intended to accommodate more than one family and includes
but is not limited to duplex buildings and apartment
buildings .
10. "Person" means any individual , partnership , firm, public
or private corporation , association , trust , estate ,
political subdivision or agency , or any other legal
entity or their legal representatives , agents , or
assigns .
11. "Public Wastewater System" means any wastewater system,
public or private owned, which has collection and treat-
ment facilities , is available to the general public, and
has a Texas Department of Water Resources permit.
12 . "Septic Tank System" shall mean all of the outside
plumbing associated with the collection , treatment and
disposal of wastewater including the septic tank and
drainfield.
13 . "Subdivision" means (1) a subdivision which has been
platted and recorded with the County Clerk of Galveston
County or which is required by statute to be so platted
and recorded; or (2 ) any four or more contiguous lots
or tracts , each of which is less than two (2 ) acres in
size.
14. "Toilet" means the hopper device for the deposit and
discharge of human excreta into a water carriage system.
15 . "Trailer Parks" is any tract or parcel of land maintain-
ed, offered or used for the parking or accommodation
of house trailers , house cars or similar mobile units
or any other portable structures designed for use , or
which may be used, or which are used for human habita-
tion or living quarters .
16 . "Wastewater" means water carried waste , liquid or solics ,
organic or inorganic, which includes but is not limited
to , human excreta and effluent from toilets , bathtubs ,
showers , washing machines and cooking operations includ-
ing food preparation and service clean-up. (used inter-
changeably with the term sewage)
B. Discharge of Wastewater :
l. After the effective date of this Ordinance, only the
following types of wastewater discharge shall be lawful :
a. Wastewater discharged into a public wastewater system
operating under a valid permit of the Board.
b. Wastewater discharged into a private wastewater
facility permitted in accordance with the regulations
contained in this ordinance.
2 . All wastewater of any kind discharged into a private
wastewater facility shall be di�posed of through a septic
tank unless otherwise approved by the Health District.
C. Licensing Authority Designated: Under authority of the Board,
the Director of the Galveston County Health District shall
have the following powers :
l. To enforce all regulations contained in this Ordinance.
2 . To make all required inspections of all private waste-
water facilities .
3 . To collect all fees set by the Commission necessary to
recover the costs incurred in meeting the requirements
of this Ordinance.
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D. Permit Requirements :
l. Every owner of any building or part thereof occupied
by people for any purpose , any part of the day or night ,
shall provide sanitary toilet accommodations and said
accommodations shall be kept and maintained in proper
working condition.
2 . Every owner of a building described in Cl) above which
utilizes private wastewater facilities must have a
valid wastewater permit.
3. Application for permit must be on forms prescribed by
the Health District and all information required must
be furnished and any inspections required by this
Ordinance shall be allowed.
4. Private wastewater facilities existing within the city
on the date of the passage of this Ordinance are
automatically permitted hereunder so long as the system
is not changed, the building is not enlarged or altered ,
and/or the loading increased and the system is not shown
to be causing water pollution or nuisance conditions .
Any new construction or additions to existing private
wastewater facilities must be designed and constructed
in accordance with this Ordinance and must meet all
special design and construction requirements of the
Health District.
E. Submission of Plans
l. Any person interested or desiring to construct private
wastewater facilities within Galveston County must
obtain approval from the Health District for his plan
of wastewater disposal by fulfilling the following
equirements :
a. Submit two completed copies of the form entitled
"Galveston Cou.nty Health District Inspection Report
of Private Wastewater Disposal System" to the Health
District .
b. All plans for construction of new private waste-
water treatment facilities. shall be submitted to
and approved by the Health District before any
construction of any kind is begun on the property.
2 . The plans of all private wastewater facilities shall be
submitted to and approved by the Health District before
any building permit is issued.
F. Approval of Subdivision Plans : Any developer or other
interested person creating a subdivision using private waste-
water facilities must first obtain approval of the Health
District of his plan for wastewater dispcsal.
l. To obtain approval he must meet all the terms and condi-
tions of this Ordinance and he must inform each prospect-
ive buyer in writing :
a. That the subdivision is subject to this Ordinance.
b. That a permit will be required for private wastewater
facilities constructed.
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c. That a wastewater disposal plan has been filed for
the subdivision and that adherence to that plan
will be required.
2 . If it is determined that certain lots or areas of the
subdivision are not suitable for the use of private
wastewater facilities , the buyex will also be notified
by the developer.
G. Inspection � General
1. Any permit required to construct , enlarge , alter or
repair any building or structure will be obtained and
the permit number furnished to the Health District
before any on-site inspection of the septic tank system
will be made.
2 . The Director of the Health District or his representative
may inspect at various intervals all materials , constr•uc-
tion, or work and may either approve the materials and
that portion of the construction as completed or may
notify the permit holder , or his agent ,or the owner or
his agent , or the person doing the work, wherein the same
failed to comply with this Ordinance.
3. Upon notice from the Dlrector or his representative that
the work on any wastewater facility is being done
contrary to the provisions of this Ordinance, such work
shall be immediately stopped. Such notice shall be in
writing and shall be given to the owner of the property
or to his agent , to the permit holder or his agent , or
to the person doing the work, and shall state the
conditions under• which such work may be resumed.
4. The Director or his representative may revoke and/or
withhold a permit or approval issued or to be issued
under the provisions of this Qrdinance in case there has
been any false statement or misrepresentation as to a
material fact in the application or plans upon which
the permit or approval was based or for any other reason
the private wastewater facilitiy does not meet all the
requirements of this Ordlnance.
5. The building foundation slab shall not be poured before
the plumbing has been inspected by the City to ascertain
the compatibility of said plumbing with a septic tank
system.
6 . The Health District Director shall have the right and
privilege of entering any premises within the City within
reasonable hours for the purpose of inspecting private
wastewater facilities after displaying proper identifi-
cation to an occupant of said premises .
H. Fina1 Inspection
l. The property owner or his agent or the person construct-
ing the wastewater facilities or his agent shall notify
the Health bistrict at least one (l) day in advance of
the desired date of the final inspection. All work
shall be completed before the final inspection is made
except that the septic tank or tanks be open and the
backfill on the absorption field shall not be applied.
2 . All construction of the septic tank system shall be
completed and the final inspection made by the Health
District within one (1) year of the approval of the septic
tank system plans or new plans shall be submitted.
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3 . Final inspection shall not relieve the septic tank
system contractor of his responsibility to the owner
of the property for any defective work or material.
4 . Connection of utility services shall not be made or the
building occupied until a final inspection of the
septic tank system has been completed by the Health
District and a private sewage facility permit has been
issued.
I. Special Inspections : The Galveston County Health District
shall be paid a reasonable fee of fifteen ( $15 . 00 ) dollars
to recover the costs of administration and services for the
inspection of existing septic tank systems on any property ,
where an inspection is requested by any person and where the
inspection is incidental to the sale of said property.
J. Fees :
l. Where a building permit is required by the City to
erect , construct , enlarge , alter, repair, or improve
any building or structure which utilizes a private
wastewater facility, a fee of fifteen ($15 . 00) dollars
over and above the required building permit fee shall
be charged and collected by the Health District.
2 . There shall be no fee charged for any inspection as may
be made under G2 of this Ordinance.
3 . If after a final inspection is requested as outlined in
Hl the wastewater system does not meet all the require-
ments of this Ordinance, a notice in writing of the
violations shall be given to the owner of the property
or his agent , the permit holder or his agent , or to the
person doing the work. For each additional inspection ,
a fee of ten ($10 . 00) dollars will be charged until the
facilities meet all requirements of this Ordinance and
each inspection shall be requested as outlined in Hl.
4. All inspection fees and special inspection fees shall
be collected on or before the final inspection and credit-
ed to the account of the Galveston County Health District
and added to other monthly payments as paid to the Health
District. Certified checks , cashier' s checks , personal
checks , or money orders shall be sent to the Galveston
County Health District , 1207 Oak Street (P. O. Box 939 )
La Marque , Texas 77568 , and shall be made payable to
Galveston County Health District.
5 . The Director of the Galveston County Health District shall
keep a permanent and accurate accounting of all permit
fees and other monies collected, the names of all persons
upon whose account the same was paid, the date and
amount therefor.
K. Connection to Public Wastewater System: Every owner of a
building or part thereof occupied by people for any purpose ,
any part of the day or night , where a main or lateral sewer
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of a public wastewater system is laid and maintained within
three hundred (300 ) feet of such building and in such part
of a street or alley as lies immediately adjacent to the
lot, lots , parcel of land or premises on which such building
or part of a building is located, or when otherwise becomes
available , shall connect with the public wastewater system.
L. Percolation Test :
l. The Director of the Health District may require , or the
property owner may request , a percolation test on any
lot or section , or any other previously untested area.
The test shall be conducted under the direction of a
sanitarian re�istered by the State of Texas or by any
registered professional engineer licensed by the State
of Texas.
2 . It shall be the responsibility of the contractor or the
property owner to prepare all test holes and provide
adequate clean water necessary to conduct the percola-
tion test.
3. The Health District shall be paid a reasonable fee of
fifty ( $50 . 00 ) dollars to recover the costs of adminis-
tration and service performed for a percolation test.
M. Registration Required:
l. Any person constructing private wastewater facilities
for anyone other than themselves on any property other
than their own must be registered with the Galveston
County Health District.
2. Any constructor who knowin�ly violates any section or
subsection of this Ordinance may be removed from the
register and is subject to all penalties herein.
N. Revocation :
l. Any violation of this Ordinance or any State law shall
constitute grounds for revocation of the wastewater
facilities permit.
2 . The wastewater facilities permit will be considered
revoked when a written notice containing reasons for
revocation is presented �o the property owner or his
agent or to the occupant ,stating any violation of this
Ordinance or any State law from the Director of the Health
District. The written notice may be delivered in person
by the Director or sent by regular U. S. mail to the
property owner or his agent or to the address where the
violation occurred.
0. Director May Promulgate Rules : The Director of the Health
District shall have the power, with the approval of the City
Council, to prescribe and pramulgate such rules and regula-
tions , not inconsistent with any law of the State , as may be
deemed necessary to protect the health and safety of the
people and to effectively perform the duties imposed herein.
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P. Liability: Any suit brought against any officer or employee
of the Health District because of some act performed by him
in the enforcement of any provision of this Ordinance shall
be defended by legal council of the City until the final
termination of the proceedings .
Q. Exceptions :
1. A person desiring an exception to any requirement of this
Qrdinance shall file a written statement with the Health
District stating :
a. The nature of the exception.
b. The reason the exception should be granted.
2 . The Director shall review the request and reply to the
applicant in writing within thirty ( 30 ) days either grant-
ing or denying the request.
3. If the request is denied , the Director shall include in
its reply the reasons for denial.
R. Appeals : A person aggrieved by an action of the Health
District made pursuant to this Ordinance is entitled to appeal
to the Director of the Health District if the following terms
and conditions are met :
l. All of the appropriate steps required of the aggrieved
person by the terms and conditions of this Ordinance have
been met.
2 . The aggrieved person has made a conscientious effort to
resolve his pr�oblem with the Health District.
S. Penalty: Whenever in this Ordinance an act is prohibited
or is made or declared to be unlawful, or whenever in such
Ordinance the doing of an act is required or the failure to
do any act is declared to be unlawful , the violation of any
such provision of this Ordinance shall be punished by a fine
of not less than twenty-seven dollars and fifty ( $27 . 50)
cents nor more than two hundred dollars ( $200 . G0) . Each day
any violation of this Ordinance continues shall constitute
a separate offense.
T. Invalidity : In case any section , clause , sentence or para-
graph or part of this Ordinance shall for any reason be
adjudged by any court of competent jurisdiction to be invalid ,
such invalidity shall not affect, impair, or invalidate the
remainder of this Ordinance.
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U. Appendices : Galveston County Health District Design and
Construction Requirements .
V. Effective Date : This Ordinance shall be in full force and
effect from and after its passage and its publication as
provided by Law.
PASSED ON FIRST READING this ��,c day of zc�-��,� _- , 1980 .
r�� (/ '
PASSED ON SECOND READING this �-� �z� day of � _� ��: , 1980 .
PASSED, APPROVED AND ADOPTED ON THIRD READING this � C� day
o f (��tl',z;q�� , 19 8 0 .
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L__ �' ? -' � - '
—�--i�� CC;f� - �.;���'
Dale Whlttenburg, Mayorr._.
ATTEST:
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��� t`l� c�-c..L C � *., y �`
ity Secretary
APPROVED AS TO FORM:
City Attorney