HomeMy WebLinkAboutResolution - 3972 - Interlocal Agreements - Lubbock County - Sewage Control Services - 09_24_1992Resolution No. 3972
September 24, 1992
Item #27
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Sewage
Facilities Inspection Agreement by and between the City of Lubbock and the
Commissioners' Court of Lubbock County, Texas, which agreement is attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Counc
ATTEST:
e uoya, pity 5ecreta
APPROVED AS TO CONTENT:
. _ZZ
R-1wt'a. Harmon, Assistant City
Manager/Public Safety & Services
APPROVED AS TO FORM:
uoyraia u. vanaiver,
City Attorney
DGV:dw/Agenda-D#2/Sewage.Res
July 13, 1992
rst ASS1S
September , 1992.
Resolution No. 3972
September 24, 1992
Item #27
SEWAGE FACILITIES INSPECTION AGREEMEN2
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
THIS Interlocal Agreement entered into between Lubbock
County, acting by and through its duly authorized County Judge,
hereinafter called "County", and the City of Lubbock, acting by
and through its duly authorized Mayor, hereinafter called,
"City".
WITNESSETH:
WHEREAS, the County Commissioners' Court of Lubbock County,
Texas has by adoption of On -Site Waste Disposal Order No. 152, as
amended, passed May 14, 1990, determined that a need exists to
regulate private sewage facilities in the areas of Lubbock County
outside the city limits of the City of Lubbock; and
WHEREAS, the County has requested the City to assume the
duties of the County as licensing authority as set forth in On -
Site Waste Disposal order No. 152, as amended, a copy of which
order and amendments is attached hereto as Exhibit A and made a
part hereof by reference; and
WHEREAS, the City of Lubbock agrees to furnish the services
of the City Health Department sanitarians for such purpose on the
terms and conditions stated below:
1. The City agrees that inspectors from the City Health
Department shall be furnished for the purpose of making sewage
inspections and related services, including the Veterans
Administration and Federal Housing Administration required
inspections for water and sewage disposal systems for loan
purposes, in the County outside the city limits of the City of
Lubbock.
2. The City in providing this service shall pay all necessary
expenses of the personnel involved in this service, including
salaries, administration expense, fringe benefits, transportation
vehicles, and the maintenance and operation of transportation
vehicles.
3. The City shall retain any fees generated by the services
stated herein.
4. The County hereby agrees and obligates itself to pay to
the City for these services monthly installments of $2,687.22.
This monthly fee shall be payable by the County to the City on
the 15th day of each month. A detailed cost estimate is attached
hereto as Exhibit B.
5. The term of this Agreement shall be from
August 1. 1992 through September 30. 1995 .
6. This Agreement may be amended, including the amounts for
fees provided hereinabove, or terminated by either party upon 30
days written notice to the other party.
EXECUTED THIS 24th DAY OF September , 1992.
COMMISSIONERS' COURT OF
LUBBOCK COUNTY, TEXAS:
DON MC EATH, COUNTY JUDGE
ATTEST: '
ANN DAVIDSON, COUNTY CLERK
APPROVED AS TO FORM:
NY LI F,A`SSIS?T
D STRIC ATTORNEY
ATTEST:
(40--T-f �BOYD, CITY CRETARY
APPROVED AS TO CONTENT:
RITA P. HARMON, ASSISTANT CITY
MANAGER/PUBLIC SAFETY &
SERVICES
APPROVED AS TO FORM:
O LD G. VANDI ER, IRST
ASSISTANT CITY ATTORNEY
- 2 -
EXHIBIT A
IN TUE MATTER OF TIMAS
s
TQB APPLTCATI(XI OF DEPAB~tlOINT OP • IIKAI.TB
LUBBOCK COUNTY, TEXAS
AGM DESIMATYOZI ORDER NO. 052
I
The undersigned Commissioner of Health, having revieved and considered;.- .
On -Site Waste Disposal Order No. 152'adopted by the Commissioners' Court of
LUBBOCK County, Texas, on the 14TH day of May 1990, and having found said •
Order to be in compliance vith the requirements of Chapter 3661 Texaa
Health and Safety Code (formerly Article 4477-7e, Vernonts Texas Civilj
Statutes) and the rules of the Texas Department of Health adopted
thereunder, SAID ORDER IS HEREBY APPROVEff, and LUBBOCK County, Texas, is
hereby designated Authorized Agent of the Texas Department ok Health to l
regulate On -Site Sewage Disposal Systems in those areas to htch said Order';.,.
is applicable, AND IT IS SO ORDERED.
Done at Austin, Travis County, Texa3, on the.•, ' day of'
!;: .
August 1990. t: t
Robert Bernstelfis H.D., 'P.A.C.P. ,:�;
Commissioner' of Health •• ;'lF;.,. ,, "':
• v n•r..aha,r .., .re.v.. +, . F � �].f r J
ORDER ADOPTING RULES OF LUBBOCK COUNTY
ON -SITE SEWERAGE FACILITIES
WHEREAS, the Texas Department of Health and the Texas
Board of Health have established construction standards for
on -site sewerage facilities to provide the citizens of this
State with adequate public health protection and a minimum
of environmental pollution; and
WHEREAS, the Legislature has enac''ed legislation, i
codified as Chapter 366, Health and Safety Code which
authorizes any local governmental entity to petition the,
Texas Department of Health for authorization to promulgate
rules to abate or prevent pollution, or injury to public,
health arising out of the use of on -site sewerage
facilities; and
WHEREAS, pursuant to policies of the Texas Board of
Health and Chapter 366, Health and Safety Code due notice
was given of a meeting and public hearing to determine
whethe. the Commissioners' Court of Lubbock County should
enter an order, resolution, or rule controlling or
prohibiting the installation or use of on -site sewerage
facilities in the area of jurisdiction of Lubbock County;
and
WHEREAS, said meeting and public hearing were held in
accordance with the notice thereof, and the evidence andl
arguments there presented were considered by the
Commissioners' Court of Lubbock County, Texas; and
WHEREAS, the Commissioners' Court of Lubbock County]
finds that the use of private sewage facilities in Lubbock.
county is causing or may cause pollution, and is injuring or
may injure the public health; and
WHEREAS, the Commissioners' Court of Lubbock County 'has
considered the matter and deems it appropriate to adopt
Rules regulating private sewage facilities to abate or
prevent pollution" or injury to public health in the
jurisdiction of Lubbock County.
NOW, THEREFORE, BE IT ORDERED, ADJUDGED, DECREED,
RESOLVED, FOUND AND DETERMINED BY THE COMMISSIONERS' COURT�-
OF LUBBOCK COUNTY, SITTING AS THE GOVERNING BODY OF LUBBOCK
COUNTY, that:
(1) The matters and facts recited in the.preambie
hereof are hereby found and determined to be true and
correct,
(2) The use of on -site sewerage facilities in Lubbock
County is causing or may cause pollution or is injuring or
may injure the public health;
(3) The CoW_ssioners'-Court'of Lubbock County, as the
authorized agent for regulation of on -site sewerage disposal.
systems in Lubbock County, hereby designates the Public.
Health Administrator of the Lubbock City Health Department
and his representatives as the designated representative for
Lubbock County and thus give -them the necessary powers to i
administer and enforce these Rules.
(4)_ The Rules attached and appended .hereto, entitled,
"Rules of Lubbock County, for On -Site Sewerage Facilities".
are adopted and all officials and employees of Lubbock
County and the Lubbock City Health Department having duties
under said Rules are authorized to perform such duties as
required of them under said rules;
(5) The Commissioners' Court of Lubbock County, Texas,
within five (5) days after the entry of this order, shall
obtain a certified copy of this Order and said Rules and
submit both to the Texas Department of Health for their
written approval thereof;
(6) The Rules attached and appended hereto are
incorporated herein as though fully.set forth in writing in
this Order..
SIGNED this the day of
1990. i
Lubbock County Judge
i�
RULES OF LUBBOCK COUNTY
FOR
ON -SITE SEWERAGE FACILITIES
CHAPTER 1.
DEFINITIONS
CHAPTER 2.
ESTABLISHMENT AND GENERAL PROVISIONS
§2.01
Authority
§2.02
Purpose
§2.03
Area of Jurisdiction
§2.04
Effective Date
§2.05
Incorporation by Reference
§2.06
Construction, Precedence and
Interpretation
§2.07
Severability
CHAPTER 3.
ADMINISTRATIVE PROVISIONS
§3.01
Exception
§3.02
Appeal
§3.03
Notice
§3.04
Fees
CHAPTER 4.
DUTIES AND POWERS
§4.01
Duties and Powers
CHAPTER 5.
LAWFUL DISCHARGES AND REQUIREMENTS
§5.01
Lawful Discharges
§5.02
Requirements
CHAPTER 6.
DEVELOPMENT OF ORGANIZED DISPOSAL
SYSTEMS
§6.01
Connection to organized Disposal
Systems
CHAPTER 7.
CONSTRUCTION AND OPERATION REQUIREMENTS
§7.01
Requirements for On -Site Sewerage
Facilities
§7.02
Permit to Construct
§7.03
License to Operate
§7.04
Existing On -Site Sewerage
Facilities
§7.05
Special Requirements for
Institutions
CHAPTER 8.
SUBDIVISIONS
§8.01
Subdivision Construction
Authorization
§8.02
Application
§8.03
Notice •
ii
CHAPTER 9.
ENFORCEMENT
§9.01
Informal
§9.02
criminal
§9.03
Civil
CHAPTER 1
DEFINITIONS
The following words and terms, when used in these
Rules, shall have the following meanings, unless the context
clearly indicates otherwise:
1. "Absorption Unit" - Any subsurface system that
primarily relies on soil absorption in ,.n absorption trench
or absorption bed to dispose of the effluent from a
wastewater treatment unit.
2. "Authorization" - A Subdivision construction
Authorization as required in Chapter 8 of these Rules.
3.. "Governing Body" - The elected officials of any
political subdivision of the State of Texas including
utility districts, counties and river authorities.
4. "Evapotranspiration Unit" - A subsurface sewage
disposal facility which relies on soil capillarity and plant
uptake to dispose of treated effluent through surface
evaporation and plant transpiration.
5. "Existing On -Site Sewerage Facilities" - Any
on -site sewerage facility that was in use on the effective
date of these Rules. Such a facility shall be an existing
on -site sewerage facility as long as that facility is not
causing pollution, a threat to the public, or nuisance
conditions; or is not substantially modified after the
effective date of these Rules. Any on -site sewerage
facility that has been actually used at any time during the
twelve (12) month period immediately preceding the effective
date of these Rules, shall be conclusively presumed to have
been in --se on the effective date of the Rules.
6. "Designated Representative" - Any person(s), group
or department authorized by the governing body of a
political subdivision and approved by the Texas Department
of Health for the administration of these rules within the
adopting entity's jurisdiction.
7. "Institution" - Any establishment other than a
single family residence.
8. "License" - A License to Operate as required by
Chapter 7 of these Rules.
9. "Mobile Home Park" - Any facility or area
developed for the lease or rental of two or more mobile
homes.
10. "New On -Site Sewerage Facility" - Any on -site
sewerage facility that does not qualify as an existing
private sewage facility.
11. "Nuisance" - Any'activity or condition that is or
tends to be injurious to or adversely affects human health
or welfare, animal life, vegetation, or property; or
interferes with the normal use and enjoyment of animal life,
vegetation or property.
12. "Organized Disposal System" - Any publicly or
privatelv owned system for the collection, treatment, and
disposal of sewage that is'operated in accordance with the
terms and conditionsof a.;Valid waste discharge permit
issued by the Texas Water Commission.
13. "Permit" - A Permit to Construct as required by
Chapter 7 of these Rules.
14. "Person" - Any individual, corporation,
organization, government or governmental subdivision or
agency, business, trust, estate, partnership and any other
legal entity or association, including but not limited to,
owners, developers, installers, operators or any other
person responsible for the construction, installation, or
operation, of a private sewage facility.
15. "Pollution" - The alteration of the physical,
thermal, chemical, or biological quality of, or the
contamination of any water in the State that renders the
water harmful, detrimental, or injurious to humans, animal
life, vegetation, or property or to the public health,
safety, r welfare, or impairs the usefulness or the public
enjoyment of the water for any lawful or reasonable purpose.
16. "On -Site Sewerage Facility" (OSSF) - All systems
and methods used for the disposal of sewage, other than
organized disposal systems. On -site sewerage facilities are
usually composed of three units; the generating unit (the
residence, the institution, etc.), the treatment unit
(septic tank, etc.), and the disposal unit (the drainfield
that may be an absorption trench or bed, or an
evapotranspiration bed).
17. "Proposed Individual or Public Water Supply Wells
or Systems, or Proposed Organized Disposal Systems" - Any
such well or system for which the owner or operator has
entered into contractual obligations, which cannot be
canceled or modified without substantial loss, for the
construction of such well or system that will be completed
within a reasonable time.
18.. "Sewage" - waterborne wastes that are primarily
organic and biodegradable or decomposable and that generally
originate as human, animal, or plant wastes from domestic
activities, such as washing, bathing and food preparation,
and certain retail or commercial activities.
19. "Single Family Residence", "Single Family
Dwelling" - A habitat structure constructed on, or brought
to its site, and occupied by one or more persons.
20. "Special, Hearing Examiner" - An officer appointed
by the Commissioners Court to hear appeals of decisions or
actions by the designated representative.
21. "Standards" - The standards set forth in the
pamphlet entitled "Construction Standards for On -Site
Sewerage Facilities 11 and all future amendments thereto,
which were adopted by the Texas Board of Health, pursuant to
Chapter 366, Health and Safety Code of the Texas Revised
Civil Statutes. Annotated, as Texas Department: of Health.
Rules 25 TAC 301.11 - 301.17 and which were originally
published 12 Texas Register 2226.
22. "State" - The state of Texas.
23. "Subdivision" - A subdivision that has been
platted and recorded with the County Clerk or that is
required by statute to be so platted and recorded; or any
four (4) or more adjoining lots or tracts, any one of which
is less than two (2) acres in size; or a mobile home park.
24. "Substantial Modification" - An increase in the
size or use of an on -site sewerage facility's generating
unit (residence or institution) that, based on the
considerations in the Standards, could be expected to result
in an increase of 25 percent or more in the average daily
volume of sewage Veneratedbythat unit; or an action that,
based on the considerations in the Standards, could be
expected to reslt in an increase or decrease in the capacity
of a pr:,fate sewage facility's treatment unit (septic tank)
or disposal unit (drainfield) by 25 percent or more.
25. "Water" or 'Water in the State" - Groundwater,
percolating or otherwise, lakes, bays, ponds, impounding
reservoirs, springs, rivers, streams, creeks, estuaries,
marshes, inlets, canals, the Gulf of Mexico, inside the
territorial limits of the State, and all other bodies of
surface water, natural or artificial, inland or coastal,
fresh or salt, navigable or non -navigable, and including the
beds and banks of all watercourses and bodies of surface
water, that are wholly or partially inside or bordering the
State or inside the jurisdiction of the State.
CHAPTER 2
ESTABLISHMENT AND GENERAL PROVISIONS
§2.01 AUTHORITY. These Rules are: adopted by the
commissioners' Court of Lubbock County. Lubbock County
adopts these Rules under the authority of Vernon's Annotated
Civil Statutes, Texas Health and Safety Code, Chapter 366.
§2.02 PURPOSE. The pu ose of these. Rules is to
abate or prevent pollution or in ury to the public health in
Lubbock County.
§2.03 AREA OF JURISDICTION.
(a) These Rules shall apply to all of the area
of Lubbock County except for the areas
regulated under an existing Rule and the
areas within the boundaries of the
incorporated cities and towns of Lubbock
County.
(b) These Rules shall also apply to those
incorporated cities or towns that have
executed cooperative agreements with Lubbock
County for coverage under these Rules.
§2.04 EFFECTIVE DATE. These Rules shall become
effective upon their approval by the Texas Board of Health.
§2.05 INCORPORATION BY REFERENCE. The Standards
and all future amendments and revisions thereto are
incorporated by reference and are thus made a part of these
Rules. A copy of the current Standards is attached to these
Rules as Appendix I.
§2.06 CONSTRUCTION, PRECEDENCE, AND INTERPRETATION.
(a) These Rules shall be construed liberally to
accomplish their purpose. In construing the
Standards, precatory words contained therein
shall be deemed mandatory.,_
(b) In the event of any conflict between these
Rules and an order, resolution, or rule
adopted by the Texas Department of Health,
the order, resolution, or rule adopted by the
Texas Department of Health shall take
precedence. In the event of any conflict
between these Rules and Standards, these
Rules shall take precedence.
(c) The designated representative shall, within
the purpose of these Rules, resolve any
question regarding any interpretation of
these Rules or the Standards.
§2.07 SEVERABILITY. If any provision of these
Rules or the application thereof to any person or
circumstances is held invalid, the. validity of the remainder
of these Rules and the application thereof to other persons
and circumstances shall not be affected.
CHAPTER 3
ADMINISTRATIVE PROVISIONS
§3.01
EXCEPTION.
(a)
A person desiring an exception to any
requirement of these Rules shall file a
written request with the licensing authority
stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting
of the exception; and
(3) Any information that the designated
representative reasonably requests.
(b)
Within thirty ('30) days after the receipt of
said request, the designated representative
shall review the request and reply to the
applicant in writing either granting or
denying the request. If the request is
denied, the designated representative shall
include the reasons for denial in the reply.
§3.02
APPEAL.
(a)
Any person aggrieved by an action or -decision
of the designated representative made
hereunder may, within thirty (30) days of the
date of the document giving notice of the
action or decision, or within thirty (30)
days of the actionif no document is given,
appeal to the Special Hearing Examiner
appointed by the governing body.
(b)
The appeal shall be initiated by filing a
written objection with the Special Hearing
Examiner. The written objection shall state
what the complainant believes the action or
decision of the designated representative
should have been and the reasons therefor. A
copy of the document containing the notice of
the complained of action or decision, or a
written statement of the complained of action
or decision, if no document was given, shall
be attached to said written objection.
(c)
Upon receipt of said written objection and
attachment, the Special Hearing Examiner
shall set the same down for a hearing to be
held within the next thirty (30) days and
advise all parties of the date, time, and
place of the hearing.
(d)
At hearings before the Special Hearing
Examiner, all witnesses shall be sworn. The
Special Hearing Examiner shall hear the .
testimony of the designated representative
and any witnesses the designated
representative may call. The Special Hearing
Examiner shall'hear the testimony of the
complainant and any witnesses the complainant
may call. The Special nearing Examiner shall
review all documents and exhibits submitted
to him by the parties. The Special Hearing
Examiner shall not be bound by formal rules
of evidence and shall control the evidence,
reserving to himself the power to exclude
testimony or exhibits he does not consider
relevant.
(e) The Special Hearing Examiner shall maintain
an accurate record of the evidence adduced at
the hearing.
(f) Within ten (10) days of the close of the
hearing, the Special Hearing Examiner shall
reduce to writing a report which shall
consist of a finding of facts and his
decision, and shall notify the designated
representative and the complainant of the
decision. The Special Hearing Examiner shall
file the original of the report with the
clerk of the governing body, shall keep one
copy, shall send one copy to the complainant,
and shall send one copy to the designated
representative.
(g) If the designated representative or the
complainant is dissatisfied with the special
Hearing Examiner's decision, he may, within
thirty (30) days from the date the Special
Hearing Examiner file his report, file a
written objection with the clerk of the
governing body. When such an objection is
filed, the clerk shall notify* the presiding
official who shall place the matter on the
agenda of the governing body for review at
its next meeting of Lubbock County
Commissioners' Court that is at least ten
(10) days after the date of the filing of the
objection. The clerk of the governing body
shall notify' -the designated representative
and the complainant that the matter is on the
agenda.
(h) When the matter comes before the governing
body, it shall review the matter, considering
such information as is the Special Hearing
Examiner's file and report along with such
other evidence as deemed relevant and as may-
be offered by the designated representative
or the complainant. The governing body shall
either affirm, reverse, or modify the
decision of the Special Hearing Examiner,.:
(i) These provisions for appeal are not
exclusive, but are cumulative of any other
remedies at law or in equity.
§3.03 NOTICE. Any notice required to be given
pursuant to these Rules shall be considered given by
depositing the same in the U. S. Mail, postageprepaid, and
addressed in accordance with the information given by an
applicant or complainant.
§3.04 FEES. To defray the reasonable cost of
administering these Rules, the designated representative
shall require fees to be paid in accordance with the
schedule established from time to time by the governing
body. Such fees shall be paid with the filing of an
application for a permit, license, or authorization; a
written request for an inspection or exception; or an
appeal.
CHAPTER 4
DUTIES AND POWERS
§4.01 DUTIES AND POWERS. The Public Health
Administrator of the Lubbock City -County Health Department
and his representatives are designated by the governing body
to be the designated representatives for these Rules within
its jurisdiction and thus have the duty and necessary powers
to administer and enforce these Rules. The Public Health
Administrator of the Lubbock City -County Health Department
and his representatives, as the designated representatives
shall have the following duties and necessary concomitant
powers:
(1) To enforce these Rules and to make
appropriate recommendations to proper entity
officials when instances of noncompliance
with these Rules have been determined.
(2) To make inspections of any existing on -site
sewerage facilities, when requested or
required, and all new on -site sewerage
facilities.
(3) To collect all fees set by the governing body
as necessary to recover the reasonable costs
incurred in meeting the requirements of these
Rules.
(4) To make semi-annual reports to the governing
body on all actions, including legal actions,
taken concerning these Rules.
(5) To perform all other duties necessary to meet
the requirements of these Rules.
CHAPTER 5
LAWFUL DISCHARGES AND GENERAL REQUIREMENTS
§5.01
LAWFUL DISCHARGES. After the effective date
of these Rules,
only the following types of sewage
discharges shall be lawful:
(1)
Sewage discharged into an organized disposal
system operating under a valid permit issued
by the Texas Water Commission.
(2)
Sewage discharged into an on -site sewerage
facility designed, installed, licensed,
operated, and maintained in accordance with
these Rules.
(3)
Sewage discharged into an existing on -site
sewerage facility that is in use on the
effective date of these Rules, that has not
been substantially modified since the
effective date of these Rules, and that is
operated and maintained in such a manner as
not to cause pollution, a threat to the
public health, or nuisance conditions.
§5.02
REQUIREMENTS.
(a)
No person, except the person owning or having
the right of possession and use of the parcel
of land upon which a proposed on -site
sewerage facility is to be located, may apply
for a facility permit or license.
(b)
The design, construction, and installation of
any new on -site sewerage facility and the
maintenance of any on -site sewerage facility
shall, at a minimum, meet the requirements
set forth in the Standards.
(c)
No person may cause, suffer, allow, or permit
the construction or installation of, or a
substantial modification to, an on -site
sewerage facility unless a permit therefor
has first been issued.
(d)
The construction, installation, or
substantial modification of an on -site
sewerage facility shall be made in accordance
with the approved design and requirements of
the permit issued therefor.
(e)
No component of an on -site sewerae facility
shall be covered until an inspection by the
designated representative has been made.
Provided, however,'absorption trenches or
beds, or evapotranspiration beds may be
partially backfilled, but all ends and other
critical areas shall not be covered until..the
designated representative has determined, as
evidenced by the issuance of a license, that
the installation, construction, or
substantial modification complies with these
Rules, the Standards, or other special
conditions specified in the permit.
(f) No person may cause, suffer, allow or permit
the operation or use of a new on -site
sewerage facility unless a license, or
necessary license amendment therefor, has
first been issued.
(g) The construction or installation of an
on -site sewage facility on a lot or tract
that is smaller than the size required in the
Standards shall not be allowed.' However, on
such smaller lots or tracts, recorded with a
county in its official plat recorded prior to
January 1, 1988, an on-Lite sewerage facility
may be permitted to be constructed and
licensed to operate if it meets the following
criteria. It must be demonstrated by a
thorough investigation of a Registered
Professional Engineer or Registered
Professional Sanitarian (either having
demonstrated expertise in on -site sewerage
system design) that an on -site sewerage
facility on one of these lots can be operated
without causing a threat or harm to an
ex stirs or proposed water ssystem or
to the public health, or creating _the threat
of pollution or nuisance conditions.
(h) The effluent from anon -site sewerage
facility, whether using an aerobic or
anaerobic treatment unit, must be discharged
on site into a properly designed and
constructed absorption or evapotranspiration
unit and shall not be discharged to the
ground surface or into or adjacent to any
water in the State; except that in areas
where soils are unsuitable for conventional
on -site sewage disposal systems, effluent
from National Sanitation Foundation, Standard
40, Class I aerobic systems or equal as
approved and listed by the Texas Department
of Health may discharged to the ground
surface by irrigation if the designated
representative determines that the method
will not create a nuisance and complies with
the Texas Department of Health standards and
policies. There shall be no off -site
discharge of effluent.
(i) injection wells, pit privies, and cesspools
used to dispose of sewage, and any system
utilizing naturally or artificially produced
holes, cavities, or drilled wells to ease the
disposal of sewage are specifically
prohibited from being installed and licensed.
(j) No person may cause, suffer, allow, or permit
the maintenance of an on -site sewerage
facility in such a manner as to cause, or as
may tend to cause, pollution, injury to
public health, or nuisance conditions.
rr
CHAPTER 6
DEVELOPMENT OR ORGANIZED DISPOSAL SYSTEMS
§6.01 CONNECTION TO ORGANIZED DISPOSAL SYSTEMS. In
order to implement the stated policy of the legislature and
the Texas Board of Health to encourage the development and
use of organized disposal systems to serve the waste
disposal needs of the citizens of the State and to prevent
pollution, protect the public health, and maintain and
enhance the quality of water in the State, the following
requirements are made: '
(1) No person may cause or allow the installation
of an on -site sewerage facility when any part
of the facility is to be within 300 feet in
horizontal distance (measured on the closest
practicable access route) of an existing
organized disposal system, unless one of the
following requirements has been met:
(a) The person has received a written denial
of service from the owner or governing
body of the organized disposal system;
or
(b) The person has received a written
determination from the designated
representative that it is not feasible
for the person to connect to the
organized disposal system.
(2) Whenever an organized disposal system is
developed within 300 feet in horizontal
distance (measured on the closest practicable
route) from any part of a private sewage
facility, that facility shall be connected to
the organized system unless one of the
requirements set forth in Subsections (1)(a)
or (1)(b) of this section has been met.
M
CHAPTER 7
CONSTRUCTION AND OPERATION REQUIREMENTS
§7.01 REQUIREMENTS FOR NEW ON -SITE SEWERAGE
FACILITIES.
(a) A Permit to Construct must be obtained from
the designated representative prior to
commencing the construction or installation
of, or a substantial modification to, an
on -site sewerage facility and will be issued
upon a finding that construction can
commence.
(b)A License to Operate must be obtained from
the designated representative prior to
operating a new on -site sewerage facility and
will be issued after satisfactory completion
and approval of construction.
§7.02 PERMIT TO CONSTRUCT.
(a) To make an application for a Permit to
Construct, the applicant shall submit to the
designated representative the following:
(1) A properly completed application form.
(2) The required fee.
(3) The results of the percolation tests
performed by a registered professional
engineer, registered professional
sanitarian,,or similarly qualified
person approved by the designated
representative.
(4) A drawing or drawings reflecting that
the proposed private sewage facility
will comply with these Rules and
demonstrating that the lot or tract is
large enough for the on -site sewerage
facility to be constructed thereon.
(5) A statement or other evidence that
demonstrates that the requirements set
forth in §6.01 of these Rules have been
met.
(6) Any additional information that the
designated representative may require.
(b) The completed application and all additional
information submitted shall not contain any
false information or conceal any material
facts and shall be sworn to and notarized.—
(c) Within thirty(30) days after a proper and
complete application has been made, the
designated representative shall make a
finding on the issuance of a permit, based
upon the information contained in the
completed application and any other
information available to the designated
representative.
(1) Upon a finding that construction can
commence, a Permit to Construct shall be
issued to the applicant.
(2) Upon a finding that a Permit to
Construct cannot be issued, the
designated representative shall so
notify the applicant in writing within
ten (10) days of that finding and shall
include the reasons for denying the
issuance of a permit.
(d) A permit shall expire one year from the date
of issuance unless construction has commenced
on the on -site sewerage facility for which
the permit was issued. An Expired permit may
be reissued provided the conditions under
which the permit was originally issued have
not changed. A fee will be charged to defray
the cost or reissuance. Then a permit has
expired and the original conditions have
changed, a new application must be submitted
with a new application fee.
§7.03 LICENSE TO OPERATE.
(a) Each new on -site sewerage facility shall be
inspected and approved by the designated
representative prior to the final covering of
the facility.
(1) The applicant or installer shall notify
the designated representative that an
inspection is desired at least 5 working
days prior to the need for inspection.
(2) The applicant or installer shall provide
whatever reasonable assistance the
designated representative requests in or
to make the inspection.
(b) Within five (5) days after an inspection, the
designated representative shall make a
finding on the issuance of a license, based
upon the information obtained from the
inspection and other information available to
the designated representative.
(1) Upon a finding that the use of the new
on -site sewerage facility will not cause
pollution, injury to the public health,
or nuisance conditions and is not in
conflict with these Rules and upon
payment of appropriate fees, a License
to Operate the facility shall be issued
to the applicant.
(2) Upon a finding that a License to Operate
,cannot be issued, the designated
representative shall so notify the
applicant in writing within five (5)
days of that finding and shall include
the reasons for denying the issuance of
a license.
(c) Licenses to operate issued under the
authority of these.Rules shall be for an
indefinite period and shall be transferred to
anon -site sewerage facility, the designated
representative shall transfer the license to
that new owner, provided the facility has not
been substantially modified.
§7.04 EXISTING ON -SITE SEWERAGE FACILITIES.
(a) Existing on -site sewerage facilities are not
required to be licensed, provided the
facility is not causing pollution, a threat
to the public health, or nuisance conditions,
or has not been substantially modified.
(b) The designated representative shall require
that the facility be licensed in accordance
with §7.01 - §7.03 of these Rules as
appropriate and.shall undertake actions
pursuant to Chapter 9 of these Rules.
§7.05 SPECIAL REQUIREMENTS FOR INSTITUTIONS. A
registered professional engineer, registered
professional sanitarian, or similarly
qualified person approved by the designated
representative at its discretion, shall
design all on -site sewerage facilities
serving institutions. Said designs shall be
made in accordance with these Rules,
including the Standards.
CHAPTER 8
SUBDIVISIONS
§8.01 SUBDIVISION CONSTRUCTION AUTHORIZATION.
Any person desiring to create a subdivision,
including mobile home parks, that will
utilize on -site sewerage facilities, in whole
or in part, must obtain a Subdivision
Construction Authorization from the
designated representative prior to commencing
or continuing construction in the
subdivision.
§8.12 APPLICATION.
(a) An applicant for a Subdivision construction
Authorization shall submit an application to
the designated representative containing
information that is adequate to establish:
(1) That it is not feasible for the
applicant to provide sewer service to the
subdivision by means of an organized disposal
system, and
(2) That on -site sewerage facilities may be
used in the specified subdivision without
causing, or threatening to cause,
individually or collectively, pollution,
injury to the public health, or nuisance
conditions. This information will include as
a minimum:
(a) A map locating the subdivision
relative to on- and off site:
(i) surface water,
(ii) Watersheds,
(iii) Floodplains,
(iv) Existing and proposed
individual and public water
supply wells, and
(v) Existing and proposed
organized disposal systems.
(b) An accurate plat of the subdivision
that details the size and intended
use of each lot and that details
roads and utility right-of-ways.
This plat shall show all areas of
the subdivision where the
groundwater table is less than six
(6) feet below the surface as the
surface exists or as it will be
after radin and fi li�ngg, that may
e require in the subdivision
develo moment. `
(c) A list -that specifies the type and
maximum size (floorspace, bedrooms,
seating, etc.) of the intended
+^ The "designated representative" for Lubbock County is Lubbock City Health
Department, located at 1902 Texas Avenue, telephone 767-2918
construction that will be allowed
on each lot. Based on this list,
the applicant shall provide further
information to confirm that an
on -site sewerage facility that
meets all of the requirements of
these Rules and the Standards can
be constructed on each lot. This
information shall include:
(i) Preliminary locations and
distances between sewage
generating units, treatment
units, disposal units, water
wells, and lot boundaries.
These distances shall be shown
between these items on each
lot'and to any existing or
proposed water supply wells on
adjacent lots.
(ii) Average daily wastewater
volume to be generated by the
specified maximum size
construction.
(iii) Capacity and/or size of the
treatment (tank) and disposal
(drainfield) units. The
disposal area size shall be
calculated assuming a specific
type of grainfield (absorption
trench or bed or
evapotranspiration bed) and
using adequately documented
permeability measurements
taken at or in reasonable
proximity to the drainfield-
locations.
(d) At the discretion of the designated
representative and in consideration
of the size and density of the
proposed subdivision and other
conditions known to exist in the
vicinity.of the proposed
subdivision, one or more geological
cross -sections may be required from
the applicant. These
cross -sections shall illustrate the
geologic formations that make up
the subsurface below the
subdivision down to the first
aquifer that supplies, or -may be
used to supply, drinking water in
the area. These cross -sections
shall illustrate the primary dip
§8.03 NOTICE.
(a) Upon the approval of a Subdivision Construction
Authorization, the authorization, the application
therefore, and any other critical evaluation
information shall be filed as a deed record for
the subdivision lots.
(b) Any person, or his agents anu assignees, desiring
to create a subdivision that will utilize on -site
sewerage facilities, in whole or in part, and
sell, lease, or rent the :lots therein shall inform
each prospective purchaser, lessee, or renter:
(1) The subdivision is subject to all of the
terms and conditions of these Rules,
(2) That a Permit to Construct shall be required
before an on -site sewerage facility can be
constructed in the subdivision,
(3) That a License to Operate shall be required
for the operation of such an on site sewerage
facility, and
(4) That an application for a Subdivision
Construction Authorization has been made and
whether or not it has been approved, includig
any restrictions placed on any such approval.
Z
CHAPTER 9
ENFORCEMENT
§9.01 INFORMAL
(a) The designated representative may routinely
inspect on -site sewerage facilities to assure
continued compliance with these Rules.
(b) The designated representative shall inspect any
on -site sewerage facility that is reasonably
believed to be causing pollution, a threat to the
public health or nuisance conditions, or to have
been substantialy modified without complying with
,.hese Rules based on a creditable complaint or
other information available to the designated
representative and may inspect any new on -site
sewerage facility should the conditions existing
at the time of licensing be found to have changed.
If upon such inspection it is found that
conditions is occurring, or an unpermitted
substantial modification was performed the
designated representative shall so notify the
owner of the on -site sewerage facility in writing
and include what problems must be. -remedied in
order to achieve compliance, and set a reasonable
amount of time to achieve compliance. The on -site
sewerage facility shall be reinspected at the
expiration of the allotted time.
(1) If the facility is found to be compliant, a
license therefore may be issued or the
existing license may be modified.
(2) If the facility is found to be noncompliant,
appropriate enforcement shall be taken.
§9.02 CRIMINAL PENALTIES -
(a) A person who violates any of these Rules, is
guilty of a misdemeanor and on conviction is
punishable by a fine of not less than $10 nor more
than $200. Each day that a violation occurs
constitutes a separate offense. ,
(b) Jurisdiction for prosecution of a suit under this
section is in the justice of the peace courts.
(c) Venue for prosecut on of a suit under this section
is in the Justice of the peace precinct in
which the violation is alleged to have occurred.
§9.03 CIVIL (TEXAS WATER CODE, §26.124).
(a) Whenever it appears that a violation or the threat
of a violation of any of the terms and conditions
of these Rules has occurred or is occurring, the
licensing authority may have a suit instituted in
a district court through its own attorney for
injunctive relief or civil penalties or both
against the person who committed, is committing,
or is threatening to commit the violation.
EXHIBIT B
Sewage Facilities Inspection Agreement
Service Agreement
I. Sewage Facilities Inspections
A. Personal Services - 90% of employees time
for County inspections at $34,018 salary
and benefits
B. Maintenance & Fuel - 23,000 miles per year
at 19 mpg. c $1,247 for fuel plus $650 for
maintenance
C. Capital Outlay/Depreciation - vehicle
depreciation cost at 20%
D. Administrative Cost
Total Sewage Inspection
II. Sewage Contract for Three Years based on
an annual 3% increase in expenses. City
will continue to retain $20 additional
permit fee levied in 1989 to offset cost
of providing services. Reduction will be
credited to the County.
-Monthly Rate of�Contract
* $110,540 - ($20 x 690 anticipated permits for
3 year period = $13,800) _ $96,740
$30,616
$1,897
$1,795
45
$35,763
$96,740 *
$2,687.22
I
•
(b) Such suits may not be instituted by the designated
representative unless the Commissioners, Court has
adopted a resolution authorizing the institution
of the suit.
(c) In suits brought under this section, the Texas
Department of Health is a necessary and
indispensable party.
U
�C'I VEOF
DON MCBEATH
COUNTY JUDGE
LUBBOCK COUNTY lI��VV
OG�r►OF
August 11, 1992
Rita Harmon
Assistant City Manager
City of Lubbock
P.O. Box 2548
Lubbock, Texas 79408
LUBBOCK COUNTY COURTHOUSE
P.O. Box 10536
LUBBOCK, TEXAS 79408
(806)767-1086
Re: City -County Contracts for Vector Control
and Sewage System Inspection
Rita:
Enclosed please find the two contracts, as proposed by the
City of Lubbock, signed and executed by Lubbock County. As soon
as the City approves and executes its portion, please return one
original contract to me.
Thanks for your assistance.
Sincerely,
Don McBeath
Lubbock County Judge
DM/dl
Enclosure
kPS
CITY OF LUBBOCK
INTEROFFICE MEMO
TO: J. Robert Massengale, Assistant City Manager/
Financial Services Division
FROM: Betsy Wood, Assistant Director of Finance
SUBJECT:- Proposed Issue of $7,565,000 Certificates of
Obligation
DATE: July 9, 1992
CALENDAR OF ACTION REQUIRED TO ISSUE
$7,565,000 TAX AND WATERWORKS SYSTEM (LIMITED PLEDGE)
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992
DATES/PERSONS
RESPONSIBLE ACTION
July 1, 1992/ Agenda Meeting for July 9 City Council
Meeting.
Betsy Wood City Council considers Resolution
Joe Smith (1) Approving and Authorizing publication of
Mark Westergard(2) Notice of Intention to issue Certificates
of Obligation (CO's) and resolution auth-
orizing Publication of Notice of Sale.
July 9, 1992 City Council Meeting.
Betsy Wood City Council considers Resolution
Joe Smith Approving and Authorizing publication of
Mark Westergard Notice of Intention to issue Certificates
of Obligation (CO's) and resolution auth-
orizing Publication of Notice of Sale
July 12, 1992 Publish Notice of Intention to issue
City Secretary Certificates of Obligation in Lubbock
Mark Westergard Avalanche Journal. Publish Notice of
Sale in Avalanche Journal.
July 15, 1992 Agenda Meeting for July 23 City Council
Meeting.
July 19, 1992 Publish Notice of Intention to issue
City Secretary Certificates of Obligation in Lubbock
Mark Westergard Avalanche Journal. Publish Notice of
Sale in Avalanche Journal.
(1) Representative of First Southwest Financial Advisors.
(2) Representative of Fulbright & Jaworski, Bond Counsel.
Proposed Issue
July 9, 1992
Page 2
July 20, 1992 Forward preliminary Notice of Sale and
Betsy Wood Official Statement to rating agencies
Joe Smith for rating requests. Forward copies to
Cooper's and Lybrand for Opinion.
July 23, 1992 City Council Meeting.
July 26, 1992 Publish Notice of Sale in Lubbock
City Secretary Avalanche Journal.
Mark Westergard
July 29-30, 1992 Distribute Final Notice of Sale and
Joe Smith Final Official Statement.
August 2, 1992 Publish Notice of Sale in Lubbock
City Secretary Avalanche Journal.
Mark Westergard
August 5, 1992 Agenda Meeting for August 13, 1992 City
Council Meeting.
Betsy Wood First Reading of Ordinance Authorizing
Mark Westergard Issuance of Certificates. Special
Meeting on August 14, 1992.
August 9, 1992 Publish Notice of Sale in Lubbock
City Secretary Avalanche Journal.
Mark Westergard
August 13, 1992 City Council Meeting
Betsy Wood First Reading of Ordinance Authorizing
Mark Westergard Issuance of Certificates. Special
Meeting on August 14, 1992.'
August 14, 1992 City Council (Special) Meeting.
Betsy Wood Second Reading of Ordinance Authorizing
Mark Westergard Issuance of Certificates
September 2, 1992 Agenda Meeting for September 10 City
Council Meeting
City Attorney Tax Rate Ordinance
Proposed Issue
July 9, 1992
Page 3
September 9, 1992 Predicted Delivery Date of Series 1992,
Certificates of Obligation.
September 10, 1992 City Council Meeting
City Attorney Tax Rate Ordinance
September 23, 1992 Latest Delivery Date of Certificates
CC: Joe Smith, Vice President, First Southwest
Mark Westergard, Attorney, Fulbright & Jaworski
Brent Burrows, Cooper's & Lybrand
Ranette Boyd, City Secretary
Rita Harmon, Assistant City Manager/Public Safety
Services
John Ross, City Attorney