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HomeMy WebLinkAboutCity Council Resolutions (R-73-79)-07/05/1973 '7 "- - ~~ \ ~~ '--- ~ 1"'=' /'( l~s " 'J "' J,::- R-,7J-79 A RESOLUTIO:~ approving an order by the Commissioners' Court of Tarrant County pertaining to the regulation and regis- tration of private sewage facilities wi thin Tarrant Coun'ty. \'J;EREAS, certain natural conditions in Tarrant County n:..ake the unregulated di~po::al of sewase through the use of private rewage facilities undesirable and a potential threat to the health of inhabitants of Tarrant County; and \'J~;:;;R2AS, the most commonly used private sewage facility in Tarrant County is the septic tank, the improper functioning of which is causing, or may cause, pollution, or is injuring, or may injure, the public health; NOV'; THEREFORE BE IT RESOLVED, BY THE CQI.;NISSIONERS' COURT OF TARRANT COUNTY, TEXAS, by the authority of Section 21.0$4 of the Texas Water Ouality Act, that the following regulations be in full force and effect as soon as approved by the Texas Water Ouality Board: SEC'l'IOH 1. DEFINITIONS 1. "cmu-:;:rSSIONERStI COURT," means the Tarrant. County Commis- ~ioners' Court. 2. flLICENSING AUTHORITY,~' neans the Tarrant County Public Health Department or its designee. r 3. "PE~{Sm~," include s natural persons, corporations, organi- zations, estates, trusts, partnerships, associations or other entities. 4. TTPRIVATE SEVIAGE FACILITY," means septic tanks, pit prlvles, cesspools, sewa~e holding tanks, injections wells used to dispOE;e of se':lage and all other facilities, systems, and method~. u~:ed for the disposal of se1'.'age other than disposal systems operated under a permit issued by the Texas Water Ouali ty '~oard. 5. Tl S.G"\'!AG~, IT means residential, cornmercial, or industrial wastes. 6. TTOEGA:n7~:!) DISPOSAL SYSTEl'J., If means any publicly owned sy:tem for the collection, treatment and disposal of re1'lage operated in accordance 1:lith the terms and condi- tions of a valid i'l8ste control order issued by the Texas ~ilater Qua li ty ~'oard. . 7. "SUPDIVISrG:!," means (1) a subdivision ....,hich has been nlatted and recorded i~th the County Clerk of the County or Countie s in vJhich the land lies,. or which is reQuired by ~tatute to be so platted and recorded; or (2) any four (4) or Qore contiguous lots or tracts, each of which is less than two (2) acres in size. 8. TTDOARD, TT means the Texas '\'iater Ouality Board. 9. "EXECUTIV:S DIR3CTOR," means the Executive Director of the Texas Water Quality Board. 10. "NERCHANT," means a party to a consumer transaction other than the consumer. 11. "BUILDER, DEVELOP~R, on AGENT," means a party to a consumer transaction, specifically land transactions involving the creation of subdivisions or the selling or trading of lots or tracts therein. 12. "KlJOvlINGLY," means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual a~'lareness. 13. \vords used in the present tense shall include the future, i'lords u2ed in the singular number shall include the plural ntffilber, and words used in the plural nllitiber shall include the singular. 14. 15. The word TTSHALL" is mandatory and not discretionary. The word "l-'lAyn is premissive. ... -".._~-~._- S3CTIOIJ II. LICE:JSIHG AREA The provisions of this Order shall apply to all of the area of Tarrant County which does not lie v~thin the territorial jurisdiction of any incorporated city or to~m. This order shall apply, also, to ~hose cities or towns which, through the action of their governing Dedic s, make a,pplication to the Commissioners' Court for covera3c under this order; such applications must be accepted and approved by the Conrrnssioners' Court of Tarrant County. SEC7ION III. SE':.TAGE SYST2I.1S ALLO':!ADLE After the effective date of this Order, only the following type~ of private sewage systems shall be lawfully installed: A. Organized waste disposal systems operating under a valid "1 a~te Control Order isr-;ued by the Board. B. Private sewage facilities licensed in accordance with the regulations contained in this Order. SECTION IV. LOCAL AUTHORITY D2SIGtJA T~D TO PE:?FOm,l LICENSING AND R~GIST}ATlmr FUIJCTIOlIS OF THIS ORD~R A. The Licensing Authority, acting as an agent for the COL~ssioners' Court, shall perform or require the performances of all the functions necessary to meet the licensing and, registration requirements of this Order. The Department shall have the following powers: 1. To enforce all the regulations contained in this Order. 2. To make reasonable inspections of all private sewage facilities located, or to be located, within the area covered by this Order. 3. To collect all fees set by the Board or Com- missioners' Court necessary to recover all the costs incurred in n"eeting the requirements of this Order. 4. The fee accounts shall be audited quarterly by the County Auditor and suitable reports shall be made to the Commissioner~ Court by the County Auditor. B. The Licensing Authority, acting as an agent for the Co~~issionersf Court, shall have ~he following respon- sibilities: 1. To make ser:J.i-annual reports to the Board on all actions taken concerning this Order. 2. To_perfor~ all of the duties necessary to meet the requirements of this Order. SECTI0:'J V. V:C:21;SEJG R:SQUIRE~,I2NTS FOR RESIDENTIAL USE A. r~o per~~on shall install private sevlage facilities after the effective date of this Order unless a license or regi~tration has been issued for ~he facility. ? The lot or tract upon which the private sewage facility i'{ill be COD[ tructed or uti l,ized must be capable of dis- po~ing of the proposed waste in a manner acceptable to the LicensinG Authority. lhe following shall be strictly adhered to before septic tanklicesnses will be granted: 1. all lots shall be a lainimum of 20,000 square feet. 2. topographic maps shall be submitted to the Licen- sing Authority and the LicensinG Authority shall make determinations as the number and location of sites for percolation tests, including depth of percolation tests and sub-soil test. The presence or absence of wa~er shall be indicated. 3. a plat of the prC'posed subdivision must be filed with, approved by, and recorded by the Cormnissioners' Court of Tarrant County. 4. A report must accompany the license request stating the nunber of bedrooms in each proposed residence. The following tank requirements ,rill then be imposed upon the proposed dwellin8: a. two bedrooms 750 gallons b. three bedrooms 900 II c. four bedroons 1000 fl d. each additional bedroom 250 II 5. Tank construction must meet the following require- ments: reinforced concrete with two-inch minimum wall and lid thickness. The flow line of the inlet pipe should be at least three inches higher than the flow line of the outlet pipe. Adequate free- board for scum storage shall be allowed. 6. Tight lines and connections shall include'pipe from house to tank, 'tank to lateral field, all inverts, crossovers, ilL" and "'I''' joints. Tight line fron house to tank shall have 1/411 fall per foot of pipe. 7. The lateral field shall utili7.e the looped-in or serial distribution type system as indicated - by the topography. Lines shall be a minir.1UID of 7 -to 10 feet apart. Square feet of bottom trench shall be based on percolation rate with 150 square feet per bedroom minimum. '..'he ditch wid,th may vary from 18 to 36 inches. 'l'he bottou of the trench must be zero degree grade. The la~eral aggregate must be clean, sharp, free from excessive fines and may range in size from I 1/2 to 2 1/2 inches. Linimum aggregate shall be 6 to a inches below lateral pipe and 2 to 3 inches above. The lateral pipe must be 4 inches minimun diar:teter with top half of open joints covered to prevent entry of aggregate fines. Lateral field must be protected from surface or sub-surface drainage from upper water sheds, drainage easements, etc. The ditch depth may vary from 24 to 36 inches depending upon type of system used and topography diversities. Depth should be reasonably uniform to prevent over- flowing at shallow points during prolonged heavy flows. Extra deep ditches prevent rapid capillaric rise of vTaste water for significant, if any, liquid reduction through evapo-transpiration. Square footage of ditches exceeding maximwn depth will probably be disall0\1ed in specific performance inspections for required overall square footage of bottom trench area. 8. Final performance approval must be executed on site by Licensing Authority just prior to earth backfill over the completed system. SECTION VI. LICENSING REOUIRE~lliNTS FOR INSTITUTION/INDUSTRIAL USE A. Compartments Although single-compartment'tanks may be acceptable for household installations, tanks \'li th t\'lO or more compartments shall be provided for large institutional systems. The compartnents shall be'separated by walls with tees or ells to pernit liquid flow. The flow line of this intermediate fitting shall be at the same elevation of the flow line of the outlet fitting; i.e., three inches below the elevation of the flow line of the inlet fitting. The capacity of the first com- partI.1ent shall be at least two or three tines the capacity of the second conpartment. B. Capacities The net vollli~e or effective capacity below the flow line of a. septic tank for flo'l:ls up to 500 gallons per day shall be at least 750 gallons.' For flows between 500 and 1500 gallons per day, the capacity of the tank shall be enual to at lea~t 1 1/2 days' sel-Iage flo,,,,. ~'li th f10'\'15 - greater t:-Ja.n 1500 gallons per day, the In.inimum effective tar~ capacity shall equal 1,125 gallons plus 75 per cent of the daily sewage flow. For daily flows in excess of 15,000 gallon~:;, other type::; of sevlage treatment units may be more econonical. C. I.~inir;.ur.1 Capacity Standards 'l'YPE OF ZSfl'A ~LIS:-D',XI'J1' Small dwellings and cottages with seasonal occupancy Single-family dwellings ~~ltiple-family dwellings (apartments) RooDing houses Boarding houses Additional kitchen wastes for non-resident boarders Hotels \.ri thout private baths Hotels with private baths (2 persons per room) Restaurants (toilet and kitchen wastes per patron) Restaurant~ (kitchen wastes per meal served) Additional for bars and cocktail lounges Tourist camps or trailer parks vuth central bathhouse Touri~t courts or mobile home parks with individual bath units Resort camps (night and day) vuth limited plumbing Luxury camps Hork or construction ca.mps (semi-permanent) Day camps (no meals served) , Da.y schools without cafeterias, g)~asillins or s.hm'lers Day ~chools with cafeterias, but no g}~masiuns and showers' . Day school~ i~th cafeterias, gymnasiwns and shm'lers Boarding schools Day workers at schools and offices (per shift) Hospitals Institutions other than hospitals Factories (gallons per person per shift, . exclusive of industrial wastes) GAL/PERSON/DA Y 50 75 60 40 50 10 50 60 7 to 10 '2 1/2 to 3 2 35 50 50 100 to 150 50 15 15 20 25 75 to 100 15 150 to 250+ 75 to 125 15 to 35 Picnic Darks (toilet wastes only) (gallons per picnicker) , Picnic Darks ~rith bathhouse, showers and f:_uE'h toilets Swirr~ing pools and bathhouses Luxury re~idencec and estates Country club0 (per resident member) Country clubs (per non-resident member present) Hotel:: (per bed-space) llotels ''lith bath, toilet and kitchen ....rastes Drive-in theaters (per car space) l';i:ovie theaters (0er audi tori'l.ll:l seat) Airports (per passencer) Self-service laundries (gallons per wash, i.e. Der customer) Stores (per toilet room) Service stations (per vehicle served) D. 3stimates of Leaching Area 5 10 10 100 to 150 100 25 40 50 5 5 3 to 5 50 400 10 The follo....nng table is intended for use in con- junction with infornation given in the State Health Denartment 0ublication llA Guide to the Disposal of Household Se\.mge. 11 Enough percola- tion tests should be made in separate holes to assure that the results are valid. Percolation Rate (time in minutes for water to fall one inch) Naximur.1 rate of Se\'lase application (gallons per square foot per day)* for standard trenches ** 1 --or-le8~~~~~-~~~~~~~~--~.~~~~~~~~~--~~-~~~-~~5.0 2 .c_-.."fIII#""'_-,,___'.. ...-..... --..- ------ --"--....."-----... --..-- --~- ---- _-"....'_-..r... --- -----") . 5 3....--.... -------".-.-- -...... ..--- _.-,--_._-~--... -"--...,--" _....~-- -- -".,. -' --~..,.--------- .---iI 2 . 9 4-.---~.._..._-----"'-",---- --------- - ---'---'---...-~----~..- - --_.-~_._~-----...---2 . 5 5..----........---......-.."--...- ...._-. ~-.:,.~-._----- ...--~-----.----- .."- --- ---'----..2 . 2 1 O.,~-----.r---... ..,,--~~.....- ~--....."...-.-"'-..........--"..... ...--...--..- ..,...~_...-- ..-..1. 6 15...-.----..~_-I.....---..-_.-.-...-- ....."-- -.- ._...r_"...__._-..........'____ ,..---- -- --'1.3 3 0..-,-,.. --~--- --.._-- -'.. -'--..-_....-... ..._-..r.w_-""","_-_ - - -....--....- - -"_._'- - - - - 0 . 9 45..........- ..r_-____-_-__-.."__A_._-__ --- -....-.--....------ -----' - -....-.----...0. 8 60~~~ 0 6 ~;.~~~----------------------------------------- . ':~ I~ot including effluents from septic tanks that receive waste from garbage grinders and automatic washing machines ** Absorption area is figured as trench-bottom area *** Over 60 unsuitable for leaching systems SECTION VII. FINAL APPROVAL FOR GRAlITING OF SEPTIC LICENSE No license shall be granted for septic systems until applicant has. satisfied all of the Licensing Authority's requirements, received final approval and made paynlent for all necessary fees. SEeTIO:.J VIII. FEES AND 1.G7HOD OF PA YI',:Z;JT All fees shall be decided upon by the Co~uissioners' Court of Tarrant County. Co~nissioners' Court shall also decide upon the method of pa)~ent. SECTlo:r IX. 7EPci':S OF LIC:s:rSES FOR 1'E";'] PHIVA TZ SE1'!AGS FACILITIES A. Any licen::-e issued under the authorit.y of this Order will 00 transferred to a succeeding o~mer and such license ~d,l 1 continue in existence for the unexpired term of t;le license provided the neVl o-vmer applies to to the ~icensing Authority, and provided there is no ~ignificant change in ~Jount or quality of waste to be placed in the private sewage facility. B. Application forrn.r~ for licenses I;1aY be obtained from the offices of the Licensing Authority or title companies licensed to conduct business in Tarrant County~ In order to initiate an application for a license, the completed application form, together with the appro- priate fee shall be filed ~ath Licensing Authority. C. The Licensing Authority shall require such tests and inspections as outlined in this Order and any other tests and inspections as the Licensing Authority deems necessary before license shall be granted. D. Upon a finding by the Licensing Authority that the con- tinued use of the private sewage facility vall not cause pollution or injury to the public health, a license . effective for a term of five (5) years vall be issued. E. Any license issued under the above terms nay be renewed for succes~ive terms of five (5) years if the Department determines that continued use of the private facility is not in conflict ~ath the terms and regulations of this Order. F. Upon a finding by the Licensing Authority that the private se~'lage facility Hill not be licensed, the applicant shall be notified in ,.;ri ting ,.;i thin 30 days of that finding and of t~e faults which prevent licensing. Before becoming effective, approved permits must be signed and approved by the Licensing Authority. SECTION X. APPROVAL OF SUBDIVISION PLANS FOR PRIVATE S~1AGE FACILITIES A. Any developer, builder, or agent desiring to create a subdivision using private sewage facilities Dust obtain approval from the Licensing Authority of his plan for~sewage disposal. He must fulfill the follow- ing requirements: 1. A plat of the proposed subdivision must be filed vl~th, approved by, and recorded by the COrrlli1issioners' Court. of '':'arrant County. 2. An a0~lication for approval of the subdivision ~ewaGe dispo~al plan" and appropriate filing fee shall oe su:..:uitted to the Licensing Authority. 3. 'l'he developelj builder or agent shall inform each prospective buyer: a. 'l'hat the ~,ubdivi:=jion is subject to all of the terns and conditions of this Order; b. That a license will be required for any private sewag~ facility constructed in the subdivision; and c. That a ~"e"lage disposal plan has been filed for the subdivision and that the areas suitable for private sewage facilities have been defined. 4. If investigation pursuant to this section reveals that a lot is not'suitable for use of private sewage facilities, the prospective buyer shall be so notified. B. The Licensing Authority will require the developer to perform necessary tests and inspections to determine whether the subdivision ceets proper specifications for private sewage facilities as enumerated in Sec. V &. VI of this Order. 3y agreement bet\'leen the Licensing Authority and the dO/eloper, all or part of the tests nay be perforIJed by an engineering firm or soils testing laboratory approved by the Licensing Authority. The Licensing Authority ,rill notify the developer of the findings of its eXIDnination and ,rill point out any deficiencies in the plan for sewage disposal. Specifically, the Licensing Authority will notify the developer of any areas not suitable for the use of private sewage facilities. Approval of a subdivision plan for sewage disposal does not constitute a 'license for a specific private Se\1age facility. An approved plan is, however, a prerequisite for obtaining a private sewage facility license in a subdivision. SECTIOjJ XI. REGISTRA TIO:r REOUlREI,IEHTS FOR EXISTING PRIVATE S111AGE FACILITI:SS. A. The times, dates, and methods of said registration shall be deternined by the department 'Hi thin one year of the commenceDent of said registration as deterrr~ned by the department. There shall be no registration fee for those facilities registered during this initial one-year period. B. The Licensing Authority shall record and issue a certifi~ate of registration to each person upon com- pletion of a registration application. C. If the Licensin~ Authority deterrr~nes that the regis- tration application is not complete, it shall notify the applicant. in writing of the application's faults within 30 day~ of receipt. D. Succeeding owners may continue a registration by apply- ing to the Licensing Authority subject to the require- ment contained in Section IX. E. 1~e registration requirements contained in this Order shall not be considered to alter in any way the intent of the le~islature as expressed in Article 4477-1 (V.T.C.S.l F. The undeveloped portions of existing subdivisions are subject to the licensing requirements contained in Sections IX and X. G. Any license issued under this Order shall automatically be terminated if the facilities are changed in design, if the loading on the facility is significantly increased- from that existing at the date of issuance of the license, or if the property served by the subdivision is sub- divided or re-subdivided. cOnSU~,IER. PROTECTION AnD PErJALTIES FOR ras- SECTION XII. REPRESENTATION AND COIIsm.IE:1 FRAUD A. Any developer, builder, or agent desiring to create a subdivision or sell lots or tracts therein shall inform each prospective buyer. 1. That the subdivision is subject to all of the terms and conditions of this Order; 2. That a license will be required for any private sewage facility constructed in the subdivision; and 3. That a sewage disposal plan has been filed for the subdivision and that the areas suitable for private sewage facilities have been defined. B. If investigation pursuant to this section reveals that a 10tiE not suitable for use of private sewage facil- ities, the prospective buyer shall be so notified. C. Penalties and enforcement for violation of this section shall oe consistent vath Chapter 17, Business & Com~erce Code, Deceptive Trade Practices - Consmner Protection' Act, Ac~s of the 6jrd Session of the Texas Legislature, 1973. D. Any li.erchant engaged in the business of installing private sewage facilities who knovdngly installs such systems in violation of the terms of this regulation shall be liable to the terms of Section XV & subsection C of Section XII. S13CTIG:l XIII. ORGAIIIZ2D DISPOSAL SYSTEI,IS A. no person may be granted a license who proposes to construct a private sewage facility, any part of which i~ within 300 feet of horizontal distance to an organized di~posal system. Cl ~ > . The Licensing Authority shall cancel licenses and regis- tration of private sevlage facilities l'lhenever an organ- ized disposal system's collection lines are extended to within 300 horizontal feet of any part of a private sewage facility and such a private sewage facility shall be connected as soon as possible to the organized disposal ~~Yf'tem. SECTION XIV. EXCEPTIONS A. A person desiring an exception to any requirement of this order shall file a written statement with the Licensing Authority stating: 1. the nature of the exception 2. the reason the exception should be granted B. The Licensing Authroity shall review the request and reply to the applicant in writing within thirty (30) days either granting or denying the request. C. If the request is denied, the Licensing Authority shall include in its reply the reasons for denial. SECTIO:,; X7. ENFORCZ;.:ENT OF THIS ORDER "fuenever it appears that a violation or threat of violation of any provision of this regul,ation has occurred, the Com- missioners' Court mav institute a suit in a District Court ~ through its own attorney for injunctive relief or civil penalties or both, as authorized in Section 21.254 of the Texas ~',Tater Code, against the person or persons "lho =om- mitted or is threatening to commit the violation. In a ~uit brought by the COLrnissioners' Court under Section 21.254 of the '~'exas i:iater Code, the Texas \iater Ouality Board i~ a necessary and indispensible party. In no ca~e ~rill subdivision plat approval or right-of-way de::lication I)e accented or allovled unless and until all nri vate ~e'.',age facilities "'Ii tIlin the development meet the minimum stanctard2 as outlined by the Licensing Authority. SECTIO:; Y.V APPEALS A person aGsrieved by an action of the Licensing Authority made pur~uant to ~his Order is entitled to appeal to the COITll:li 2sioners' Court if the follo"ling terms &. conditions are met: A. All of the appropriate steps required of the aggrieved perfon by the terms and conditions of this Order have been met. B. The aggrieved person has made a conscientious effort to resolve his problem with the Licensing Authority. C. If the aggrieved persons does not resolve his problem after appeal to the Commissioners' Court, he may, after exhausting all other alternatives, appeal to the Execu- tive Director of the Board. SECTION XVI SEVERABILITY If any provision of the Order, or the appli~ation thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the Order which can be given effect without the invalid provision or application, and to this end the provisions of this Order are declared to be severable. SECTIon XVII. EFFECTIVE DATE This Order shall be in full force and eff~ct from and after it s passage, approval by the Texas \'!ater Ouali ty Board and recording and publication as provided by law. PUBLIC HEARING NOTICE The Commi~~ioners' Court of Tarrant County will conduct a public hearing under the authority of Texas Water Code Section 21.084 to con~ider whether or not the use of private sewage facilities (including ::;eptic tanks) in Tarrant County should be regulated to prevent possible pollution or injury to public health. The public hearing will be held before the Commissioners' Court at: (Place) (Time) All interested persons are encouraged to participate in the public hearing. PROPOS~D 7ARRAI'TT COUNTY PRIVA '1'.2 S~\'rAGE sysrrEl-I !lEGULA TIONS SUl'Il.JARY This Regulation Will: 1. establish Tarrant County Health Department as Licensing Authority with re~ponsibility for enactment of this regulation. 2. regulate the installation of new private sewage facilities 3. regulate existinG facilities which are causing or may cause a threat to public health 4. result in the disapproval of proposed subdivisions in any instance in which the Tarrant County Public Health Department declares that the installation of septic tanks would be a threat or potential threat to public health. 5. allow~ municipalities to enter into agreements with Tarrant County for the enforcement of this regulation i~thin such cities corporate boundariese 6. establi~he~ a schedule of fees for the processing and in~pection of nei1 facilities and the transfer of licenses for exi~ting facilities. 7. e~tabli~he~ terms for renewal and transfer of licenses for existing and chan~es in the facilities. 8e establi~hes consumer protection guidelines and penalties for misrepresentation and consuoer fraud consistent with Chapter 17,- Jusiness &. Commerce Code, Deceptive Trade Practices - Consumer Protection Act, Acts of 6)rd session of the Texas Legislature, 1973. Penalties shall apply to developers, builders, agents, and merchants who use decep- tive representation or designations of geographic origin in connection with goods, services or the suitability of land for septic tanks. 9. requires persons to connect private sewage facilities to organized systems when organized sewage disposal system lines extend to ~dthin 300 horizontal feet of the private system. 10. denies approval to private systems constructed \dthin 300 feet of organized disposal system. 11. creates a procedure for aggrieved parties to seek exceptions from the licensing authority (County Health Department) in specific cases where literal compliance ~nth the regulations would cause undue hardship. PROPOSED 825.00 $25.00 825.00 F~~ ~~ SCHEDULS FOR LIC3NSING OF PRIVATE S~:~GE FACILITIES Processin~ fee for new applications On-Site: Inspection of new facility vuth provision that inspector waits no longer than one hour to conduct test. Transfer fee for change of ownership 12. require the addition of two Sanitarians and one clerk-steno to the staff of Tarrant County Health Dept. This Regulation WILL NOT: 1. require licenses or inspection of existing facilities at this ti~e unless the improper functioning of such systems pose a threat to pu~lic health. 2. prohibit the use or installation of septic tanks, if the use of such do not pose a threat to public health. 3. reauire the systens or registration of merchants or installers of sewage systems, but would hold them cul- pable for kno~ringly installing unlawful systems or installing in an area the Tarrant County Public Health Dept. had declared to be unsuitable for such systems.