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-.......:J. ~ ~ >os. Q'-'l3 ~ ~ ¡ 30 1ll.E -~::e or ~ i; . c:::; ã - or ,-'. :..J..J rn -..! <:':;;: U)75 1b~ .- ï:=: b ORDINANCE 1996 - 41 l. ~ <;.;¡ W AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE 3 OF CHAPTER 86, UTILITIES, OF THE SAN MARCOS CITY CODE BY ADDING DIVISION 3, ON-SITE SEWAGE FACILITIES; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: .- 1. The Texas Natural Resource Conservation Commission ("TNRCC") , in order to protect I public health and minimize environmental pollution, has established design criteria for on- site sewage facilities. 2. The State Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, On-Site Sewage Disposal Systems, which authorizes the regulation of on-site sewage disposal facilities by local governmental entities in order to abate or prevent pollution, or injury to public health arising out of the use of on-site sewage facilities. ~ ' 3. Texas Health and Safety Code § 366.031, Designation, requires a local governmental entity, in order to be designated by the TNRCC as an authorized agent, to: (1) notify the TNRCC it wants to regulate the use of on-site sewage disposal systems within its jurisdiction, (2) hold a public hearing and adopt an order or resolution that complies with Texas Health and Safety Code § 366.032, Order or Resolution; Requirements, and (3) submit the order or resolution to theTNRCC for approval. . 4. The City Council finds that the use of on-site sewage facilities in the City of San Marcos may pollute the environment and be detrimental to the public health and having considered the matter, desires to become an authorized agent and finds it appropriate to enact an Ordinance regulating on-site sewage facilities to abate or prevent pollution, or injury to public health in the city. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Article 3, of the San Marcos City Code is amended by adding a new Division 3 to read as follows: Division 3. On-site Sewage Facilities. Sec. 86.150. Definitions. In this division: Altered or Alteration means a material change, modification or transformation. Department means the city Environmental Health Department. Design Criteria means the latest edition or supplement to the "Design Criteria for On-site Sewage Facilities" promulgated by the TNRCC. On-site sewage facility means a septic tank, pit privy, cesspool, sewage holding tank, injection well used to dispose of sewage, chemical toilet and any other system, facility or method used for the disposal of sewage other than a sewage disposal system operated under a permit issued by the TNRCC. Organized system means a sewage disposal system operated under a permit issued by the TNRCC. , On-site Sewage Facility Rules or the Rules includes the Design Criteria and the latest I edition or supplement to the TNRCC regulations contained in 30 TAC 285.101 - 285.115 and 285.118. Repair means to restore or mend to sound working condition after damage, decay or failure. Substantial Modification means a change or increase in the size or use of an on-site sewage facility that could be expected to result in an increase or decrease of 25% or more in the average daily volume of sewage generated or the facility's treatment or disposal capacity. TNRCC means the Texas Natural Resource Conservation Commission.