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21. ORDINANCE NO. 200r- ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 86, UTILITIES, OF THE CITY CODE TO EXTEND THE TIME PERIOD FOR CONNECTION TO THE CITY WASTEWATER SYSTEM; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: 1. The adoption of stringent on-site sewage system regulations by the Texas Natural Resource Conservation Commission, in 30 T AC 285.1 et seq., has resulted in the installation of on-site sewage systems that are more effective in protecting the environment and preventing pollution. 2. The regulations referred to in Recital 1 have also caused the installation of on-site sewage systems to be more complex and expensive. 3. Residents of areas recently proposed for annexation have expressed concerns about the City's mandatory wastewater connection ordinance, City Code Section 86.152, with regard to on-site sewage systems that have been installed at significant expense and are functioning properly. 4. The City Council wishes to revise the City's mandatory wastewater connection ordinance to permit on-site sewage systems, once legally installed, to be continued in use for a reasonable period of time after the City's wastewater system is extended to within 300 feet of property served by an on-site sewage system. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Utilities, of the City Code is amended by amending Section 86.152 as follows (underlining indicates added text; gv~n;trik~ indicates deleted text): Sec. 86-152. Sewer connection required. (a) It is unlawful for any person to cause or allow the installation of an on-site sewage facility on a tract of property when any part of the property is within 300 feet in horizontal distance (measured on the closest practicable access route) of an existing organized system. (b) Whenever an organized system is developed or extended within 300 feet in horizontal distance from a tract of property served by an on-site sewage facility, it is unlawful for the owner or occupant of the property to fail or refuse to connect the uses served by the on-site sewage facility to the organized system within the earlier of: (1) ten years of the date the organized system is available for connection to serve the property, or (2) 90 days of the date the on-site sewage facility serving the property is determined by the environmental health department to be: 1 C:\TEMP\wastewater mandatory connection ord.doc