19.11.020 - Water and wastewater service.
Subdivisions within the extraterritorial jurisdiction shall provide water and wastewater service in accordance with the provisions of this chapter, provided that nothing within this chapter is intended to conflict with state law or the rules and regulations of the Texas Commission on Environmental Quality, or to interfere with any permit, license or certificate, to include, but not limited to, a certificate of public convenience and necessity, granted by the state or TCEQ that establishes who is responsible for providing water and wastewater service to a specified area. The city plan commission shall not grant a subdivider final plat approval unless the subdivision application meets all of the following:
A. Water service. All subdivisions shall provide a complete water service and distribution system capable of delivering potable water to every lot in the subdivision in sufficient capacity to provide for the complete water use needs of the subdivision, and complying with the following:
1. Water service shall be provided by the El Paso Water Utilities in accordance with the EPWU rules and regulations.
2. In the event the El Paso Water Utilities does not agree to provide water service within the time limits stated in this title, the subdivider shall provide water service in accordance with this title.
3. Where drinking water is to be supplied to a subdivision from a public water system, the water quality and system design, construction and operation shall meet the minimum criteria set forth in the Texas Administrative Code (TAC).
4. Retail utility agreements. Subdividers who propose to supply drinking water by connecting to an existing public water system must provide a written agreement with the retail public utility on the Retail Public Utility Agreement Form available at the city. The agreement must provide that the retail public utility has or will have prior to final plat approval the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty years. The agreement must reflect that subdivider has paid, or provided financial guarantees for the payment of, the cost of water meters or other necessary connection equipment, membership fees, water rights acquisition costs, or other fees associated with connection to the public water system so that service will be available to each lot.
5. Design and construction. All water facilities within a subdivision within the ETJ of El Paso meeting Section 19.12.010 shall be designed and constructed to city and El Paso Water Utilities (EPWU) standards and to all state laws, policies, standards, rules and regulations for an approved public water system, including those covering the preparation, submittal and approval of plans and specifications for water systems and acceptable operating practices, and in conformance with all laws, policies, standards and rules and regulations for establishing the ISO rating of the city and current fire codes of the city, provided such service is to be provided by EPWU. If water is provided by a water district or other provider holding a permit of certificate of convenience and necessity (CCN), the water facilities shall be designed and constructed per the standards of that entity and the TCEQ. If an area is subsequently deannexed by the non-EPWU provider, then water facilities shall be designed and constructed to EPWU standards.
6. Non-EPWU systems. Within the extraterritorial jurisdiction, if the El Paso Water Utilities determines within sixty days of the filing of a complete application, as defined in EPWU rules and regulations, that public water service cannot be provided within twelve months from the date of its action on the water application, the subdivider shall be allowed to provide water service through a TCEQ approved water system.
7. Nonpublic water systems.
a. An exception may be granted by the city plan commission in unique situations for a subdivision to be supplied by a nonpublic water system.
b. The developer shall provide documentation that a financial mechanism such as a public improvement district to fund and operate such a nonpublic water system is or will be in place prior to development. Such systems must meet all requirements of this chapter and be approved by the city manager or designee.
8. Individual wells within the ETJ.
a. Individual wells within the ETJ shall be subject to approval by the appropriate health official and this approval shall be documented by the appropriate health official's signature on the water system statement on the plat. The developer must submit with the plat application a certificate from a professional engineer registered in Texas or a geoscientist licensed to practice in Texas verifying the adequacy of the proposed source of well supply prior to plat approval.
b. Compliance with other regulations. Installation, operations and maintenance of individual wells shall comply with city and EPWU standards, regulations of the TCEQ, any other applicable state rules and regulations. In the event of conflict among these regulations, whichever is the most stringent shall apply.
9. Testing. Where individual wells or other nonpublic water systems are proposed for the supply of drinking water to residential establishments, a test well or wells located so as to be representative of the quantity and quality of water generally available from the supplying aquifer shall be drilled by the subdivider and the produced waters sampled and submitted to a private laboratory for a complete chemical and bacteriological analysis of the parameters on which there are drinking water standards. The subdivider shall have prepared and provide a copy of a groundwater availability study which shall include an analysis of the long-term (thirty years) quantity of the available groundwater supplies relative to the ultimate needs of the subdivision. The water quality of the water produced from the test well must meet the standards of water quality required for community water systems as set forth in 30 TAC.
a. Without any treatment to the water; or
b. With treatment by an identified and commercially available water treatment system.
10. Transportation of potable water. The conveyance of potable water by transport truck or other mobile device to supply the domestic needs of the subdivision is not an acceptable method, except on an emergency basis. Absence of a water system meeting the standards of these rules due to the negligence of the subdivider does not constitute an emergency.
B. Wastewater service. All subdivisions shall provide a complete wastewater collection system capable of properly removing wastewater from every lot in the subdivision in sufficient capacity to provide for the complete removal of all wastewater generated by the subdivision, and complying with the following:
1. Wastewater service shall be provided by the El Paso Water Utilities in accordance with EPWU rules and regulations.
2. The EPWU shall process an application and determine wastewater provision in the same manner as the water service determination in subsection (A)(6) of this section. If wastewater cannot be provided within said twelve months, the subdivider shall provide wastewater service in accordance with one of the following:
a. Public sewerage facilities (other than El Paso Water Utilities).
i. A subdivider who proposes the development of an organized wastewater collection and treatment system shall obtain a permit to dispose of wastes from the Texas Commission on Environmental Quality (TCEQ) and approval of engineering planning materials for such systems in accordance with the thirty Texas Administrative Code (TAC).
ii. A subdivision that proposes to dispose of wastewater by connecting to an existing permitted facility shall provide a copy of the written agreement with the permittee or retail public utility on the Retail Public Utility Agreement Form available at the city. The agreement shall indicate a willingness and capacity to serve the proposed development, the total occupancy of the proposed subdivision. Engineering plans for the proposed wastewater collection lines shall be approved by the TCEQ prior to construction.
b. On-site sewage facilities. Where the El Paso Water Utilities or other public wastewater system is not required or planned to be extended in the ETJ, in accordance with applicable standards of this title, the authorized health authority may grant an exception to provide wastewater service to a subdivision with on-site sewage disposal systems. Plans shall be prepared for installation of on-site sewage disposal systems designed to serve each lot in the subdivision. Where non-EPWU wastewater lines are planned to collect wastes for transport to private, self-contained sewage treatment facilities within the subdivision, both the sewage collection system as well as necessary treatment facilities shall be installed by and at the expense of the subdivider. Plans and installation of such improvements must be approved by the city manager or designee. The developer shall provide documentation that a financial mechanism such as a public improvement district to fund and operate such a wastewater system is or will be in place. Such systems must meet all requirements of this title and be approved by the city manager or designee.
i. A sewage disposal plan shall be designed by a registered professional engineer or registered sanitarian.
ii. On-site sewerage facilities for the on-site disposal of sewage in the amount of five thousand gallons per day or greater shall obtain a wastewater permit from the TCEQ.
iii. On-site sewerage facilities not required to obtain a wastewater permit from the TCEQ shall obtain a "permit to construct" from an authorized agent in accordance with the Texas Health and Safety Code, other applicable state codes and the sewage facility order of El Paso County, Texas.
iv. On-site sewerage facilities proposed near lakes, water retention ponds or rivers shall be licensed and installed in accordance with the requirements established by the TCEQ in the Texas Administrative Code (TAC).
v. On-site sewerage facilities proposed within aquifer recharge zones shall be licensed and installed in accordance with the requirements established by the TCEQ in the Texas Administrative Code (TAC).
vi. Proposals for on-site sewage disposal systems shall be subject to the review, approval and inspection of the TCEQ or its authorized agent to assure that the systems are in compliance with the Texas Health and Safety Code and the Texas Administrative Code (TAC).
vii. Plans for on-site sewage disposal, as well as actual installation of such facilities, shall be subject to approval by appropriate public health authorities in order to meet requirements of this chapter. Sewage disposal facilities requiring soil absorption systems may be prohibited where such systems will not function due to high ground water, flooding, or unsuitable soil characteristics. To this end, the city plan commission shall require that the subdivider note on the face of the plat that soil absorption fields are prohibited in designated areas.
c. Reclaimed water systems for reuse of treated wastewater.
i. Any proposal for sewage collection, treatment and disposal which includes reclaimed water reuse shall meet the minimum criteria of the Texas Administrative Code (TAC).
ii. Any proposal for on-site sewage facilities which includes provisions for reclaimed water reuse shall meet the minimum criteria of the Texas Administrative Code (TAC).
d. The disposal of sludge from water treatment and wastewater treatment facilities shall meet the criteria of the Texas Administrative Code (TAC).
e. The subdivider shall provide the following setbacks for all lots within a subdivision, notwithstanding the separation or setback distances required by rules governing public utilities, on-site sewerage facilities, or potable water supplies: a minimum of ten feet from streets and other public rights-of-way and a minimum of five feet from adjacent property lines.
C. Submission contents.
1. Final Engineering Report. The final plat shall be accompanied by an engineering report regarding the availability and methodology of providing wastewater treatment service prepared, meeting the requirements of the SDM, and bearing the signed and dated seal of a professional engineer registered in the State of Texas.
2. On-site sewerage facilities. Where private on-site sewerage facilities are proposed, the final engineering report shall include planning materials required by the TAC, including the site evaluation described by the TAC, requirements and all other information required by applicable OSSF regulations.
3. Public water systems. Where water supplies are to be provided by an existing public water system, the subdivider shall furnish an executed contractual agreement with the retail public utility on the Retail Public Utility Agreement Form available at the city. It must provide that the retail public utility has or will have prior to development the ability to supply the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty years and that the subdivider has provided for the payment of costs or fees for the connection of each individual lot to the public water system, including water meters, water acquisition fees, or other necessary expenses required by the retail public utility. Before final plat approval, plans and specifications for the proposed water facilities shall have been approved by all entities having jurisdiction over the proposed project, which may include the TCEQ and the health in addition to the responsible departments of the city. If groundwater is to be the source of the water supply, the final engineering report shall include a groundwater availability study which shall include comments regarding the long-term (thirty years) quantity and quality of the available groundwater supplies relative to the ultimate needs of the subdivision.
4. Where there is no existing retail public utility to construct and maintain the proposed water facilities, the subdivider shall establish a retail public utility and obtain a certificate of convenience and necessity ("CCN") from the TCEQ and include evidence of the CCN issuance with the plat. Before final plat submission, an acquisition or wholesale water supply agreement that will provide a sufficient supply to serve the needs of the subdivision for a term of not less than thirty years must be provided.
5. Nonpublic water systems. Where individual wells are proposed for the supply of drinking water to residences, the final engineering report shall include the quantitative and qualitative results of sampling the test wells in accordance with subsection (A)(3) of this section. The results of such analyses shall be made available to the prospective property owners. If the water quality of the test well required pursuant to subsection (A)(3) of this section does not meet the water quality standards as set forth in that section without treatment by an identified and commercially available water treatment system, then the final report must state the type of treatment system that will treat the water produced from the well to the specified water quality standards, the location of at least one commercial establishment within the county at which the system is available for purchase, and the cost of such system, the cost of installation of the system, and the estimated monthly maintenance cost of the treatment system. The engineer shall issue a statement confirming the availability of groundwater supplies to serve the fully developed subdivision over the next thirty years. Such statement may be based on information available from the Texas Water Development Board's Office of Planning. The description of the required sanitary control easement shall be included.
6. Organized sewerage facilities. Where wastewater treatment is to be provided by an existing retail public utility, the subdivider shall furnish a contractual agreement with the retail public utility on the Retail Public Utility Agreement Form available at the city. It must provide that the retail public utility has or will have prior to development the ability to treat the total flow anticipated from the ultimate development and that the subdivider has paid the cost of all fees associated with connection to the wastewater collection and treatment system have been paid so that service is immediately available to each lot. Before final plat approval, an appropriate permit to dispose of wastes shall have been obtained from the TCEQ and plans and specifications for the proposed wastewater collection and treatment facilities shall have been approved by all entities having jurisdiction over the proposed project.
7. Where there is no existing retail public utility to construct and maintain the proposed sewerage facilities, the subdivider shall establish a retail public utility, and obtain a CCN from the TCEQ. Before final plat approval, a wastewater treatment permit authorizing the treatment of the wastewater for the ultimate build-out population of the subdivision shall have been obtained from the TCEQ and plans and specifications for the proposed sewerage facilities shall have been approved by all entities having jurisdiction over the proposed project.
D. Prerequisites to approval.
1. Since state law requires action on a plat within thirty days of a determination of completeness, the city shall, in accordance with this title, approve, deny or approve subject to conditions a final plat in the ETJ unless a waiver of right to thirty-day action is provided by the developer. The conditions may include a requirement that county or utility approvals be obtained.
2. The subdivider shall provide evidence that the plans and specifications for construction including any change orders filed with the appropriate authorities have been approved in accordance with the criteria established within this title and the approval from the TCEQ.
3. The subdivider shall provide evidence that the subdivision application has received approval from the El Paso authorized local health agent or department with jurisdiction in accordance with the Texas Administrative Code (TAC) regarding on-site sewage facilities, and the sewage facility order of El Paso County, Texas, as applicable.
4. Additional information. The city may, at its option, require additional information necessary to determine the adequacy of proposed water and wastewater improvements as part of the plat approval process. Such information may include, but not be limited to:
a. Layout of proposed street and drainage work;
b. Legal description of the property;
c. Existing area features;
d. Topography;
e. Floodplains;
f. Description of existing easements;
g. Layout of other utilities;
h. Notation of deed restrictions;
i. Public use areas; or
j. Proposed area features.
E. Scope of Standards. All plats for residential developments and manufactured home parks shall comply with the minimum standards of this chapter. Subdivisions are presumed to be residential developments unless the land is restricted to nonresidential uses on the final plat and on all deeds and contracts for deeds, or by restrictive covenants recorded in the office of the county clerk with the final plat.
(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 19327, § 15, 4-26-2022)
