18.21.140 - Requirements.
A. No person, except the person owning or having the right of possession and use of the parcel of land upon which a proposed private sewage facility is to be located, or a contractor licensed by the licensing authority to install private sewage facilities, may apply for a private sewage facility permit. The license to operate shall be issued only to the person owning or having the right of possession and use of the land.
B. The design, construction, and installation of any new private sewage facility and the maintenance of any private sewage facility shall, at a minimum, meet the requirements set forth in this chapter.
C. The construction, installation, or substantial modification of a private sewage facility shall be made in accordance with the approved design and requirements of the permit to construct issued therefor.
D. No component of a private sewage facility shall be covered until an inspection by the licensing authority has been made; provided, however, absorption trenches or beds, or evapotranspiration beds may be partially backfilled, but all ends and other critical areas shall not be covered until the licensing authority has determined, as evidenced by the issuance of a written site approval form that the installation, construction, or substantial modification complies with this chapter, or other special conditions specified in the permit.
E. No person may cause, suffer, allow, or permit the operation or use of a new private sewage facility unless a written site approval form, license, or necessary license amendment therefor, has first been issued.
F. No person may cause, suffer, allow, or permit the construction or installation of a private sewage facility on a lot or tract that is smaller than that required to meet the requirements set forth in this Code.
G. The effluent from a private sewage facility, whether using an aerobic or anaerobic treatment unit, must be discharged into a properly designed and constructed absorption or evapotranspiration unit and shall not be discharged to the ground surface without first obtaining appropriate permits from the Texas Commission on Environmental Quality; into or adjacent to any water in the state or in a manner which violates water quality standards.
H. No person may cause, suffer, allow, perform or permit the construction or installation of, or a substantial modification to, a private sewage facility unless a permit therefor has first been issued or there is an emergency. In emergency situations, the owner or licensed installer of a private sewage facility shall provide an oral statement to the licensing authority within two days describing the need for emergency modifications. An emergency shall be defined as an event or set of circumstances so unexpected as to prevent the owner from filing an earlier application for modification. After any oral statement, the owner shall provide the licensing authority with the necessary statements and information within seven days after the oral application.
I. No person may cause, suffer, allow, or permit the maintenance of a private sewage facility in such a manner as to cause pollution, injury to public health, or nuisance conditions.
(Ord. 16818 § 2 (part), 2008; Ord. 9448 (part), 1988)
