HomeMy WebLinkAboutResolution - 1537 - Interlocal Agreement - Lubbock County - Water & Sewer Inpections - 12/08/1983RESOLUTION 1537 - 12/8/83
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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 an Interlocal
Agreement with Lubbock County providing for the City to supply inspection of
private sewage and water facilities in portions of Lubbock County outside the
city limits of the City of Lubbock, a copy of 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 Reso-
lution as if fully copied herein in detail.
Passed by the City Council this 8th day of December 1983.
Axe 5. -
ALAN HENRY, MAYOR
ATTEST:
Evelyn Ga fga, City S c ary-Treasurer
APPROVED AS TO CONTENT:
Q_'ksS
Bob Cass, Assistant City Manager
APPROVED AS TO FORM:
C"L_ ih7
Donald G. Vandiver, Assistant City Attorney
• ;' RESOLUTION 1537 - 12/8/83
CITY SE7CRETARY-TREA_�-.:; '_j
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• SEWAGE FACILITIES INSPECTION AGREEMENT
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 Resolution 75-R-59 as amended, passed August 11,
1975, 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
Resolution 75-R-59 as amended, a copy of which resolution 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 Admini-
stration 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 in itself to pay
to the City for these services monthly installments of $2,402.13.
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 January 1,
1984 through July 11, 1986.
6. The County hereby agrees to further amend Resolution
75-R-5 in order to bring it into conformance with this contract
by increasing the fee provided for in Section 5, Paragraph F.
from $20.00 to $45.00, as is charged within the City of Lubbock
at the present time, and by adding a new paragraph to Section 5,
which reads as follows:
1. Whereas the Veterans Administration and the Federal
Housing Administration require inspections for water and
sewage disposal systems by authorized health officials
before a loan will be approved, an inspection fee of $25.00
will be required for such inspections for loan purposes.
7. 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 8th DAY OF December 1983.
COMMISSIONERS' COURT OF
LUBBO C UNTY, TEXA-
TORICK L. SHAW, COUNTY JUDGE
—
ATTEST:
Fr)Tk Guess, County Clerk
APPROVED AS TO FORM:
ati
Kay FYetcher, Assistant
District Attorney
-2-
CITY OF UBBOCK:
nW XENRY,. AY
AT EST:
v lyn Uffgfi, CiAly TP
etery
APPROVED AS TO FORM:
Donald G. V-andiver,—Assistant
City Attorney
EXHIBIT A
P:SOLUTION NO. 75--R-5
Stata of Texas
County of Lubbor_t
On this tha 11' .a. riV of �Augus_t_, 1975, the Commission*rs' Court of
Lubbock Cuuntty. Texas, sin�the -Courthouse of the City of Lubbock, Texas
with the �i'ollos-iu�: ir:5mb6..-s pans*nt, to wit:
P.odi,.ck L. Shaw County Judge
Arch Lamont �_T� N , County Commissioner Precinct #1
May. prrantn___� , County Commissioner Precinct #2
L. C. Derrict , County Commissioner Precinct #3
Altcn Braz Q , County Cor+missioner Pr_-cinct #4
and, among t'r_e :. cr p.•.oedings, had the following order passed:
Whereas, Tt xa::- DSFartment of Health Resources and the Texas Water
Quality Board seg t.;: c;-itain standards to regulate the quality of water,
and have set up c;:.rte:_:-. standards as to the installation of sLptic tanks and
absorption b�- ds &d/or methods of disposing of s=wage; and
Wheras, the. continued unregulated usz of private sewage facilities con-
stitutes a serious threat to public health; and
Whereas, rapid inereasi;s in population density due to mobile home parks
or other conctntratt-d housing in arias not served by organized disposal syst.;;as
can create pollu•'rion and public health problems; and
Wher=_as, the Comr!!.�,s_oners' Court of Lubbock County, Texas has considered
the, matt=r and de-:i:d it; appropriate to issue- an Ord --r regulating private sewage
facilities to pr•�t•ct the irrplaceable water resources, and public health of
Lubbock County. r_ -=as: a.:,.d
::'hereas, due :.otice of th. meeting was giv=n as required by Section 21.'
Texas Wat_ r Cod---.
:I ow, Th :r,fort-, Be It Ordered, Adjudged, and D:crard by the Comsrission�rs'
Court of Lubbock County, Texas , that the following regulations be in full force
and effect as soon as approved by the Texas Wat_r Quality Board.
SECTION 1. DrFD-7ITIOII3
.1. "Ca=-dssioners'.;ourt" means the Lubbock County Commissioners' Court.
2. "I c�ns?.--.� outhoM._t_f' means the Lubbock City -County Health Department.
3. "Personincludes corporation, organization, Istat=, trust, partnership,
association or a .:z�r e.-rUty,
4. " T--ivat: Stwar-e Fa.cilit ' m_ ans all facilities, systeas , and methods used
for the disposal of sewage other than disposal systems operated under a permit
issued by tht Texas [later Quality Board.
5. "Sewage" means w4 eroorne human wasts and waste, from domestic activities
such as washing, bathing, and food preparation.
G. "Orgenized .^int, :sal System" m-eans any public owned systsm for tht collec-
tion, tr4atrtnt, rand di._posal of s_wagt oprrattd in accordance with the terms and
conditions of a .rg.'=d -3ti control order issued by th;. Texas Water (duality Board.
7s "Subdivision" means' (1) a subdivision which has been platted and
recot'ded wit the County Clerk of the County and Countibs in which the land
lies, er which is required by statute to be so platted and rtcordrd; or
(2) any two or mors contiguous lots or tracts, each of which is less than two
(2) acres in size.
81 "Mobile Home Park" wens any facility or area developed for mobile home
space or ctn1wast.tar
aland will be subject to the provisions of the Order as
stated in Section One (1), Sub -stiction Sevtn (7), and Section Eight (8).
91 "Sc tic Tank Sstem" means a system for disposing of sewage through soil
absorption and consists of the following components: the house sewer line, the
septic tank, and tha soil ab9orption field.
los "fie Tank" means' a watertight tank which serves es a szdim_-ntation
and sludge digestion chamber and is located between the house sewer and thy soil
absorption fields
111 "Sr oil Absorption Field" is that part of a se- tic tank system consisting
of a series of absorption tr nchas designed for the subsurface disposal of septic
tank effluents The trenches may vary in width from 18 inches to 36 inches and
contain at least 12 inches of clean, coarse aggregate and distribution pipR. The
trench bottom throughout the system must be at the same elevation.
SECTION 2. LICETIS17IG AREA
The provisions of this Order shall apply to all of the area of Lubbock County
which dons not lie within the territorial jurisdiction (city limits) of any incor-
porated city or town. Likewise s the Order shall include the extraterritorial ' juris-
diction of 111 incorporrt. d cities and towns.
This Order may apply, also, to those citi•..,s or towns which, through the action
of their governing bodies, make application to tht Commissioners' Court for coverage
under this Order. Such application must be aec--pted and approved by th.r Commis-
sioners' Court of Lubbock County.
SECTION 3. UISCHA`'?GE OF SEWAGE
A, After the effective date of this Order, only the following* types of sewage
discharges shall be lawful:
(1) Sewage dischargz.d into an organized disposal system operating under a valid
Waste Control Ordsr issued by the Texas Water Quality Board.
(2) Sewage discharged into a private savage facility licensed or registered in
accordance with the regulations contained in this Order. - _
(3) Sewag= dis char&; d into a private sewage: -facility which, on the Effective
dats of this Order, was already in existance and in compliance*. with all -applicable -
laws, rules, and regulations provided, however, that when any such facility is
replacQd, it shall be in accordance- with the ragulations contained in this Order.
Pitrivies ccsspools, end injection wells would not b_ in compliance.
SECTIQd. 4, LICENSING P_UTHORITY
A. Thn Lubbock City -County Health Department shall perform all licensing functions
requi re- d by this Or& r.
Be The Licensing Authority shall:
(1) Enforce all the regulations contained in this Order;
(2) Makt inspi_ctions of all private sewage facilities located or to b_ located
within the licensing; ar=a;
(3) Collect all fees set by th= Co=rission_rs' Court to recover costs incurred
in meeting tho requirements of this Order;
2.
(1E) i aka s mi -annual reports to the Carmissioners' Court on 311 actions taken
concerning this Order; and
(5) Promulgate rules and regulations for the granting of a license in accor-
dance with the ter, -s and conditions of this Order and perform all other duties'nects-
sary to rLtt the r�quirerrents of this Order.
SECTIOI•I 5. LICE 1SILIG FEgUIRERMI—TS rOF '.TSIDFMTTIA.L USE
A. No person nay install private sewage facilities after the effective date of this
Order unless a lic=ns: or registration of approval has been issued for the facility
by the Licensing Authority; T=xas Water Code, Section 21,08+ (e).
B. Ito person may install a private sewag- facility on a lot or tract srla.11:r than
required to nuset all standards st-t forth in this Ord -r.
C. Mininur+ state requiremnts will be enforced on &xisting and new systems as stated
in the parphl_t ::ntitled "1+ Guide to the Disposal of Household Savage" as th= sae-,
now exists or is h_�reaftz�r arrnd.id, published by the Texas Ikpartnent of Health
Resources, and available on requ-:st at the Lubbock City -County Health D_partm,,_nt
in Lubbock,, Texas, and which is incorporat=d herein by r=ft-rzanc_. In scam instences,
r_-quirerL..nts of this Order ray =xcted thoso specified by the above state regulations.
D. In previously unt-:stsd areas or in eny other arias where the Licensing Authority
deers it necessary, ther_ shall b= percolation tests (number required to b= deter-
mined by the Licsnsing Authority) conducted by either the staff of: the Lubbock
city -County Health Dep-- tmznt or any qualifi%.d registered 3nginter -.or sanitarian.
The purpose of such tests is to datermine the capabilities of the area for absorbing
properly all=ffluent mitted through the drainfie-ld. 'This test is a prerequisite
to the issuance of a licz-nse: authorizing the installation of anew system.
E. It shell bt. the responsibility of the contractor, developer, or the propt-rty
owner to prepar:- all test holes acceptable to tht, Licensing Authority and provide
adequate clean water necessary to conduct percolation tests.
F. The Licirnsing Authority shall be paid a reason,:blt f_: of $10.00 to be paid when
the application ford is filed and covers all adrinistrati - cost. ince-rr:*d -in pro-
cessing the application, the inspection of the installation, and the issuing of
the li cons s.
G, The Licensing Authority shall be paid a reasoneble fee of $'12.50 perhole to
be paid whan the appli cant requas is the Licensing Authoritt y to' conduct the perco-
lati on tes is .
H. The lot or tract upon which the private' sewage- facility will be constructed or
utili-zc.d must b4= capable of disposing of the proposed waste in a r_anner acceptable
to the Licznsine Authority. The following shall be strictly adhered to b: -for: a
license will b, granted.
1. Information r_earding the nurber of bedroons in each proposed or existing
rrsid-nct must accompany any license requ=st for private sewage facilities. Th_
following s;-ptic tank requircr:-nts will than be irposed upon the dw311ing:
a. Tko bzdroon or l*4ss 750 gallons (minim=)
b. Thr---- b.droon 1000 gs_Ltons "
e. For each additional b_droor..
250 gallons
2. Minim= r- quirod trench (pi:rcolation) ar=a par bedroor shall b= det:rmined
from th;, following table provided that the total trench area for a rinirn=_sized
installation shall bt basad on the rrquiremrnts for a two bvd_rr m ho:'.=_*.
Required Trench *N.inimum Traneh
Averag+Bottom Area Allow'<d
Percolation Rate Bottom Area PerTi�rd�roac� (Squ�,x Frtt)
(squart Feet)
(?4inutts per inch) .�,.--g--�- �---
85 170
1 loo 200
3 230
4 115 256
5 125 334
10 165
380
15 250 500:
30 300 600
45 660
60 330
Not Acceptable with
Acce�ptsble
Over 60
ch
3. Each system should consist of at least two (2) intL-rel lines bEhataleast
not being over 100
feet in length. Trenches5 f8et o. c.
6.0 feet o. C., apart, whereas. 36 -ink trine' -1 s shall be 7. must be
ro ose-d water walls , water courses , etc.. ins tction
4. tIl existing and/or P P on a preliminary P
located either by presentation of a plat or be visibl_will also nc-ed to be located.
by the Licensing Authority. Wills on adjoining property
subdivision^_1st be filed with, approved by, and
5. A plat of a proposed
recorded by the Co=issionars' Court of Lubbock County.
6. Minimum safe distances in fejt:
Free_+ To Septic Tank To A?�ion System
- 50
ITalls , Cisterns, etc. 75 Sfl 150 50
Streams , Ponds
75
Fcnindatiem Walls of 5 15
Structures . 10 10
Property .Lines
by
7. A final perfor_umce inspection and approval rust be sxecutsd t- sits system -
the Licensing Authority just prior to earth backfill over the compl�tsd syst�rl.
SEC'il0.l 6. LICsiSIPI(' RE�?UIRF.AIFIITS FOR INSTITUTION/INDCSTRII:L USE _ --
A, Compartmsents�, acceptable for household installations,
Pllthoueh s ingl.e-comp art snt tan..s maybe
tanks with two or norm coapax-tments shall be provid.d for large institutional syste-rs.
The car�part:*ents shall b_ sepquid
arated by walls with tees or ells to, permit dation of
flow. The flow lines of this intermediate fitting shall be ow the same le of the
the flow line of the outlet fitting; i.e. , three inch
es belowntashsll be at
flow lint- of the ial&-t fitting. The capacity of the first comp
least two or three times the capacity of the second ccarsp
artment-
B. Opacities below the flow line of s Septic
tank for
The net volume or tffectivcsha�cbtyat 1=s+st 750 E��-lens. I'or flows b_twern
flaws up to 500 gallons per a's,Y equal to at 1 -Est
500 end 1.,500 gallons per day, th; capacity of th= tank shall be �q
/ w flow. With flaws gr�at.r than 1,500 per day, the minimum :ff�etive
2 days sewag-!-
tank capacity shall equal 1,125 gallons plus 75 percent of the
daily sewage -
flow. For daily flows in excess of 15,000 gallons, other types
of sewage treat-
ment units may be more economical.
50
C. 1•tinimum Capacity Standards
5
TABLE I
5
TYPE OF ESTABLISHPENT GAL/PERSOVDAY
Small dwellings and cottages with seasonal occupancy
50
Single-family dwellings
75
60
ttultiple-family, dwelling ( apartments)
Service stations (per vehicle served)
Rooming houses
40
50
Boarding houses
Additional kitchen wastes for non-resident boarders
10
Hotel without p±-ivate baths
50
60
Hotels with private baths (two Persons per room)
Restrurants (toilet end kitchen wastes per patron
7 to 10
21/2 to 3
Restaurants (kitchen wastes per real served)
Additional for bars and cocktail lounges
2
Tourist carps. or trailer parks with central bathhouse
35
Tourist courts or mobile home parks with individual bath units
50
Resort camps (night and day) with limited luxury camps
100 to 150
Work or construction camps (semi-permanent)
50
Day camp (no meals served)
15
Day schools without cafeterias, gymnasiums , and showers-"
20
Day schools with cafeterias, gymnasiums-, and showers
- = 25
Boarding schools
75 to 100
Day workers at schools and offices (per shift)
15
Hospitals
150 to 250
Institutions other than hospitals
75 to 325
Factories (gPllons per person per shift, exclusive of
industrial wastes)
15 to 35-
5-Picnic
Picnicpares (toilet wastes only) (gallons per person)
5
Picnic parka with bathhouse, sharers, and flush toilets
10
Swimming pools and bathhouses
10..
100' to 150--
Luxury resicPnces and estates
C t 'uba ( er resident member)
100
our ry c_ p
Country ciL_ n (per non-resident member present)
25
40
?Motels (Per bed space)
i4otels with bath, toilet, and kitchen wastes
50
Drive-in theaters (per car space)
5
Movie theaters (per auditorium seat)
5
Airports (per passenger)
3 to 5
50
Self-servict laundries (gallons per wash, i.e., per customer)
Stores (per toilet room)
4n0
Service stations (per vehicle served)
10
D. Eatimatts of leaching area
Thh following table is intended for use in conjunction with information
• given in fo Texas Department Health Resources publication "A Guide to the
Disposal of Household Sewage". EaOugh percolation fasts should be ivade is
saparat& holes to assure that the results are valid.
TABS II
Percolation Rate 2•1aximum Rate of Sewage Application
(tima in minutes for (gallons per square foot per day*)
water to fall oae inch) for standard trenchesm-*
1 or Lass • .'♦ 5.0
2 . . i . , ♦ , i 3.5
3
4, 215
5 2.2
10 . .
1.6
15•...... 3
01.3
30 .
0.8
45... o.6
***60 • . . • . . . . . • • • • • • • • • • • •. •. • •
Not including effluents from septic tanks that r--c_ivc_ waste from garbag;
grinders and automatic washing machines. Increase the nurber of square fEtt
obtained by 20e%_400 respectively for grinders and washing machines.
Absorption area is figurt-d as trench-bottom ar- a
***
Over 60 unsuitable for leaching systems
E, Calculations
To dc-terrine quantity of leaching or absorption arra in square feet, use
the following stT-Ps:
1. From Table I, d--;termine gal/person/day on the basis of type of establish-
Mnt(s) to be served. ifultiply by the estimated number of persons to.be s-_ry d
per day
Gal/Pcrson/Pay x No. p=arsons = Gal/Day
2. From the pre-detf rmined percolation rat<:, sblact from Table II the maximum
rate: of savage application. Divide gal/day (obtained from previous calculations)
by the rate of application: --
Gal D = Sq_ Ft. of Absorption
Max. Rate Area Required
3. If garbage grind.rs and automatic washing machines art proposed in the
dstablishmnt(s) 9 add 20% and 400 raspe-etiv_1Y to the calculated square footage.
For garbage grind--r-s: Calculated Sq. Ft. x 1200 = Adjusted So. Ft.
For washing machines: Calculat:d Sq. ?'t. x 140° = P.djusttd Sq. Ft.
For combination garbage
Calculated Sq. Ft. x 1600 =Adjusted Sq. Ft.grind.:rs and gashing machines:
SECTION 7. f.PPLICATIM, TEU'I'II:f:, INSPECTIOTIS, LIN F'IWL ;PP.POVtl
Ike ?` p.-rson desiring a license shall obtain an application from the office of tht
County Engineer or the Lubbock City-County Health r,-partmcnt.
6.
B. To complete. the application, an applicant shall submit to the Licensing Authority:
(1) Record of application;
(2) The mquirrd f -es; and
(3) Fny additional information that the Licensing f_uthority may requir=.
C. Upon receipt of a eorrol=ted application, the Licensing Authority shall:
(1) Record the application;
(2) Perform a preliminary inspection of the site;
(3) Perform, esus: to be performed, or record necessary tests; and
(4) Perform a final inspection of the site and facilities.
D. The inspection and testing- for the Licensing Authority shall be performed under
the direction of the Environmental Health Division of the 'Lubbock City -County Health
Department.
E. Based upon the results of t:-sts, inspections, and the information contained in
the completed applications, the Lic+�nsing r"_uthority shall:
(1) Issue a license or
(2) Notify the applicant in writing that the application is denied, stating the
reason(s) which pravent licensing.
F. Mt Licensing Authority shall grant or deny the license within ten (10) days
aftbr all informatim and/or test data required by the Licensing Authority have
bden submitted.
G. Final approval of the private sawagc system shall b_ granted and a lic-nse
issued by the Lic,&nsing Authority only -after the applicant has satisfied all the
requir:msnts of this Order which includes a final inspection and psynt of all
fees.
SECTION 8. SUBDIVISIONS
A. In addition to other licensing and application requimmants, a d6verloper or any
party desiring to create a subdivision or to'provide for the use of a private --
sewage
sewage facility within an r xisting subs ivision shall file a plat of the subdivision
with the Lubbock County Commissioners' Court.
B% Upon completion of requixtd forms , the Commissioners' Court shall approv. and
record th= plat, or disapprove with reasons in writing to the applicant.
C. t-fte:r performing necessary tests and inspections, the Licensing Authority shall
dete:rmint whether private stwage facilities art:
(1) Approved, but rostrictad in certain parts of the subdivision; or
(2) Approve -d for use in all parts of the subdivision; or
(3) Prohibited in the subdivision _
D. Th. Lic-nsing Authority shall notify the applicant of its findings in writing.
E. No person within a subdivision may apply for license unless the Licensing
A
uthority has approv=d the use of private sewag-z facilities within that subdivision.
F. A person submitting an application under this section, his agent or assigns shall
issue to Lach buyer a notice of:
(1) The teras and conditions of this Order; and
(2) Thi: applicability of this Order to the subdivision and to the buyer's lot
or tract.
G. Any failur, by th, drvulcper, his a&nt(s), or assign(s) to givt notice rcquired
in subst-etion F of this section shall b= in violation of this Order and subject
to appropriate=nforcur--nt action(s). She Licensing Authority may withdraw ap-
proval ,granted a subdivision if a person fails to Give adequate notice as required
by subsection F of this section.
SECTION 9, T?;IS•.-ITIC PF.IVATF: FT --'!AGF FRIZhIr"7FS
A. Private se,,*acre disposal facilities existinq As of the rate of adoption of elis
Order are not mquirect to `-c lirinsecl, provi.eled tl•e facility is not causinrT poI-
luti-n or injury to public '-ealth.
B. If any of the fo3lcx-rina ecnr'iti.ons exist either prior to or after adoption of
this 'sorrier in .espect to an existin private sewage facility, it trust, wit=in a
reasonable pnri• d of tire, not to erceer cure (1) year from Bate-crf-notification %,v
the Licensing- P.ut:hcrity, be -broucht into ccrp'_ianee Edith all provisions of this
Order:
(1) 7!-.e ,y -ter- is fohurA to he carmina pollution or injury to public heAth.
cesspools, dizect sewacme aischarges, injection-tvne wells, etc., --oul(I le
c!v.sieenerl in this catagory;
(2) "*he syster is physically altereO for any reason; o---
(3) 'The loar''ina of the syster- is increase•'..
C. Any person owninn or utilizina sewac-e eisposa` facilities w; th t -he area uneer
jurisZ.iction of phis nr.'er siia? 1 perri r, etrployees of th-: Li censinc- ruthori ty to
make svc!t rp-asnna}le inspectilis of these facilities as r•av be requirer' to Oeter--
cane *..-'tether they comly w' ti this Jrc'e r`
SECTTC77 10. r.:.crT„rTn.ts
A. A person Iesirinc- an exception to any r-quirer ant: of this Order shall file a
written statement wit -4- the Liocrosin- ALa-thority stat_itral
(1) "ie nat:urf- of th•- excentioni ani?
(2) reAson the exc epti-n shr-u-T a be tcrmrttee.
B. "_e Licensin- r`ut;ori.ty sha13 review the request Anil reply to the applicant in
writina-%rithin thirty (3n) days either arnntin, or rlenvincy t:e request.
C. If '-.e request is c'enied, tie t.; cen A -n Authority shall inclu('e in its reply the
reasons for c'enial.
SECJ'In'? 11. RT1Fr'T0--PTrPr OF 'TITS Orl7 'R - CTVrL
t't:encver it apnea --s that a vi-latici:h or thre:-t of violation of anv provision
of this requJatirin has occurred, the rbtrrrissioners' court throuch its own attorney
may petition for injunction ion . relief- or civil penalties or hot` , as authorizec4. in
- _ Section 21.254 of the Texas !later C.nr'n, acrainst the person or persons wInn corrittec'
or is tt+reztinr- trt oamrit the viol -tion.
This pnwcr ^.'ry not he exercise<' by t ,- rc1-riss1.oners' )our*- unless a resolu}ion
autiorizInc the exercise of the (rower is acloptec3.
Tri a suit hrouaht I,- the rorrmissionerr' Court under Section 21.254i -Vie 'Texas
Water nnality noarel is a necessn.ry Ani' indispensable party.
SPM- r►. t 12. r-,TmrAa?- 17T or ^nils O ;.F.r - CrIr'I�iTL
A. A person Lrho violates any provision of this Orc3er is guilty of a trisclerreanor an,'
on conviction is punishes) -le by a -fine of not less than ten .^lp.n9 nr.r tnor+e than
Two Hun('rnd $201.0n. F.ac`i r'ay that a violation occurs casrstittrtes a separate of-
fense.
R. JurisOiction for prosecution of a suit m0er this sect *,on is in the Justice of
Peacn 'Court.
C. Vonixt for pxrsecution n' A suit- uneer Vis section is in the imficr_ of Peace
preeinrt in w!lich the violation is alleged to have occurree.
SECTION 13, APPEFL
A. A person aggrieved by an action of the Licensing Authority made pursuant
to this Order is entitled to appeal to the Commissioners' Court.
B. The Commissioners' Court may prescribe conditions 'rad procedures for perfect-
ing an appeal. _
SECTIOU It. SEVERABILITY
If any provision of this Order or the application thereof to any person or
circumstance is held invalid, the validity of the remkf�der of the Order and the
application thereof to othLkr persons and circum tances shall not be affected.
SECTION 15. SCHEDULE OF FEES
A. License fee schedule for Lubbock County private sewage facility:
(1) $10,00 This amount to be paid to cover application processing, facility
inspections, and license.
(2) 46',12.50 per hole This amount to be paid when the Licensing Authority conducts
the percolatirn test.
SECTIOTT 15. EFFECTIVE DATE
This Order shall be in full force and effect from and after its passave,
approval by the Texas ?later Quality Board, recording, and publication as provided
by law. The above Order being read, it was moved and seconded that same pass.
Thereupon, the question being called for, the following *:errors of the Court voted
AYE:
Arch Lamb flax Arrants
L. C. Derrick Alton Prnzell
P.odri ck L. Shaw
and the following voted NO: NONE ,
Rodrick L. Shaw (si ed)
County .judge
Arch G. Lamb (signed) flax Arrants (signed) _
County Commissioner Precinct #1Cou¢ity Commissioner Precinct #2
L. C. Derrie. (signed) Alton Brazell (signed)
County Commissioner Precinct N3 County Commissioner Precinct N
Attest: Frank Guess (signed)
County Clerk
9.
WHEREAS, On August 11, 1975, the Commissioners Court of Lubbock County, Texas, passel
-__—Res.cri"ion # 75-R-5 providing for regulation of private aewns , wh.i.cb--Drder..&PAA
sporOrrA ly VL& r�c-an'-repL,e==ber 23, 1975; and
WHEREAS, said.-Order is_ stilt in full force and effect; snd
WHEREAS. u=a L urt-4zems it vLaz scary to amend said order (1) to
provide for an increase in licensing fees
said (2) to reduce-the-minimum safe distance from wells, Cisterns, etc. to absorption
,4gazew Co pub m to--u-v at�aadards prc=Algated by the Texas Department of Health;
NOU, TVJOFORE, IT IS ORDERED THAT Resolution 75-R-5 is aamended as follows:
Ps"Sraph F of section 5 is amended to read.,
"F. The licensing, Authority shall be paid a oeasouable fee of $20,00 to be
.paid when the application form is filed and covers all admihis.trat:Wu cost
incurred in processing rha .applir Lr_ a, tht At
the issuing of the license. ".-_- _
Paragraph A 91) :•f section 1S is amended to read an foll ws:
"A. License fae-_:chadule for Lubbock County private sewage facility:
(1) $20.00 This.amount to be paid to cover application, processing.
facj,lj&y inspections, and license."
Paragraph H.6. of section 5 is amended to reads
"6. Minimum safe distances in feet:
FROM TO SEPTIC'TANK TO ABSORPTION SYSTEM
Wells, Cisterns; _tc. 50 100
Streams, Ponds 75 75
Foundation walls of
structures 5 15
Property lines 10 10
7
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I. *Sewage Facilities Inspection
Agreement
Personal Service
$
23,420.00
Maintenance and Fuel
$
1,900.00 ;
Capital Outlay/Depreciation
$
1,632.00 `
Administration and Indirect
Costs
$
698.00
TOTAL
$
27,650.00
II. Sewage Facilities Contract for
Two
Years and -Six Months With An Annual
5% Increase
74,, 66.00
Monthly Rate of -Contract
2,402.13 ,
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