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<br />(A) no longer functioning properly and incapable of repair without substantial renovation <br />to the system, or <br /> <br />(B) a nuisance or health hazard. <br /> <br />Within this section, "substantial renovation to the system" means repairs or reconstruction that <br />would cost 50% or more of the cost of installing a new on-site sewage system meeting regulatory <br />requirements. <br /> <br />(c) It is a defense to prosecution of a person under subsection (a) or (b) that: <br /> <br />(1) The person has received a written denial of service from the organized system; <br /> <br />(2) The person has received a written determination from the organized system that it is not <br />feasible for the person to connect to the organized system; or <br /> <br />(3) A sewer line connection to the brganized system could not operate by gravity flow. <br /> <br />(d) Connection of uses to the organized system shall be made in the most direct manner practicable, <br />and a separate connection to the system is required for each building. <br /> <br />(e) The owner of a tract of property is responsible for all costs of connecting the property to the <br />organized system. <br /> <br />(f) It is unlawful for any person to use or maintain a cesspool or pit privy. <br /> <br />(g) Nothing in this section is intended to apply to or affect city ordinances or policies related to the <br />extension of wastewater facilities for developments in the subdivision platting process. <br /> <br />(h) Nothing in this section is intended to abrogate or diminish in any manner the authority of the <br />environmental health department to pursue any remedy for the correction of an imminent threat to <br />health pertaining to the condition or maintenance of an on-site sewage system. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will <br />continue in full force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with <br />this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and <br />is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. <br /> <br />SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the <br />City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. <br /> <br />2 <br /> <br />C:\TEMP\wastewater mandatory connection ord.doc <br />