§ 2. DISCHARGE OF SEWAGE
A.
DEFINITIONS
For the purposes of this section, the terms listed below shall have the following meanings:
(1)
Board means the Texas Water Quality Board.
(2)
Building shall include any house, business, factory, school house, theaters, filling stations, tourist courts, bus stations, taverns, or any other roofed and walled structure, public or private.
(3)
The County means the Galveston County Building Inspection Department.
(4)
City means the City of Santa Fe, Texas.
(5)
Disposal System shall have the same meaning as the septic tank system.
(6)
Drain Field means an area in which open joint or perforated piping is laid in gravel-packed trenches or excavations for the purpose of distributing the effluent discharged from a tank used as a part of an individual waste disposal system for absorption into the soil.
(7)
Health District means the Galveston County Health District.
(8)
Multiple Dwelling means any structure designed and intended to accommodate more than one (1) family and includes but is not limited to duplex buildings, and apartment buildings.
(9)
Person means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision, or agency, or any other legal entity or their legal representatives, agents or assigns.
(10)
Official means the director of the Galveston County Health District or his delegated representative.
(11)
Private Wastewater Facilities means a disposal system which receives wastewater and does not have a discharge permit from the Texas Water Quality Board. It includes but is not limited to a septic tank system.
(12)
Public Wastewater System means any wastewater system, publicly or privately owned, which has collection and treatment facilities, is available to the general public, and has a Texas Water Quality Board discharge permit.
(13)
Septic Tank means any covered water-tight tank, designated for the treatment or holding of wastewater, whether aerobic or anaerobic.
(14)
Septic Tank System shall mean all of the outside plumbing associated with the collection, treatment, and disposal of wastewater including the septic tank and drain field.
(15)
Subdivision means a subdivision which has been platted and recorded with the county clerk of the county or counties in which the land lies, or which is required by statute to be so platted and recorded; or any four (4) or more contiguous lots or tracts, each of which is less than two (2) acres in size.
(16)
Toilet means the hopper device for the deposit and discharge of human excreta into a water carriage system.
(17)
Trailer Parks is any tract or parcel of land maintained, offered, or used for the parking or accommodation of house trailers, house cars, or similar mobile units or any other portable structures designed for use, or which may be used, or which are used for human habitation or living quarters.
(18)
Wastewater means water carried waste, liquid or solid, organic or inorganic, which includes but is not limited to, human excreta and effluent from slop drains, bathtub drains, shower bath drains, and washing machine drains.
B.
APPLICABILITY
The provisions of this section shall apply to all of the area lying in the City of Santa Fe, Texas.
C.
REGULATIONS CONTROLLING THE DISCHARGE OF SEWAGE
After the effective date of this section, only the following types of wastewater discharge shall be lawful:
(1)
Wastewater discharged into a public wastewater system operating under a valid waste control order issued by the board.
(2)
Wastewater discharged into a private wastewater facility permitted in accordance with the regulations contained in this section.
D.
LICENSING AUTHORITY DESIGNATED TO PERFORM LICENSING AND REGISTRATION FUNCTIONS OF THIS SECTION
(1)
Powers
Under the authority of the City of Santa Fe, Texas, the director of the Galveston County Health District shall have the following powers:
(a)
To enforce all the regulations contained in this section.
(b)
To make all required inspections and special inspections of all private wastewater facilities located or to be located within the area covered by this section.
(c)
To collect all fees set by the city necessary to recover all the costs incurred in meeting the requirements of this section.
(2)
Responsibilities
The director of the Galveston County Health District shall have the following responsibilities:
(a)
To make quarterly reports to the city council of the City of Santa Fe on all action taken concerning this section.
(b)
To perform all the duties necessary to meet the requirements of this section.
E.
GALVESTON COUNTY PERMIT REQUIREMENTS FOR WASTEWATER FACILITIES
(1)
Toilets
Every owner of any building or part thereof occupied by people for any purpose, any part of the day or night, shall provide sanitary toilet accommodations and said accommodations shall be kept and maintained in proper working condition.
(2)
Disposal System
All effluent from septic tanks shall be disposed of through a subsurface drainage field designed in accordance with good public health practice. The disposal system shall be sufficient to prevent the pollution of surface soil, the contamination of any drinking water supply, the infection of any flies, cockroaches, or the creation of any other nuisance.
(3)
Septic Tanks
All wastewater of any kind shall be disposed of through a septic tank unless otherwise approved by the health district.
(4)
Wastewater Permit Required
Every owner of a building or part thereof occupied by people for any purpose, any part of the day or night in the city, which utilizes private wastewater facilities, must have a valid wastewater permit.
(5)
Compliance with Section
All private wastewater facilities constructed in the city after the passage of this section shall obtain a wastewater facilities permit in accordance with this section and shall submit all information and permit all inspections required by this section.
(6)
Requirements for Existing and New Facilities
Private wastewater disposal facilities existing within the city on the date of the passage of this section are automatically permitted hereunder so long as the system is not shown to be causing water pollution or nuisance conditions. Any new construction or addition to existing facilities must be designed in the manner prescribed by A Guide to the Disposal of Household Sewage published by the Texas State Department of Health and must meet all special design and construction requirements of the health district.
(7)
Private Wastewater Facilities Requirements
Any developer, contractor, builder, or other interested person or persons desiring to construct private wastewater facilities in the city, must obtain approval from the Galveston County Health District of the plan for wastewater disposal. He must fulfill the following requirements:
(a)
Submit two (2) copies of the form entitled "Galveston County Health District Inspection Report of Private Wastewater Disposal System."
The plot on the above-mentioned form must include size of lot; all structures on lot such as buildings, barns, pens, etc.; size and location of septic tank or other treatment facilities; length and location of absorption field; distance of septic tank from house, property line, well, and absorption field; distance of absorption field from house, property line, well, and septic tank; distance and direction to closest neighboring well from septic tank and absorption field; and distance and direction to closest open water such as ponds, lakes, streams, etc.
(b)
All plans for the construction of new wastewater treatment facilities shall be submitted to and approved by the health district before any construction of any kind is begun.
(c)
The private wastewater treatment facility must be designed in the manner prescribed by A Guide to the Disposal of Household Sewage published by the Texas State Department of Health and must meet all special design and construction requirements of the Galveston County Health District.
(d)
All private wastewater facilities shall be constructed on minimum size lots of twenty thousand (20,000) square feet and/or lots of sufficient size that any water well is at least fifty feet (50') from any septic tank and at least one hundred feet (100') from any drain field line and that the drain field line is of a certain length, specified by the health district, unless a percolation test indicates the field line can be shorter and/or the lot must be of sufficient size and shape to meet all the terms and conditions of this section.
(8)
When Wastewater Permit in Force
A wastewater permit, for new construction which is covered by the Galveston County Building Regulations, will be automatically in force and valid upon final inspection and approval of materials and construction of the wastewater facilities by the Galveston County Health District and after written verification is submitted to and received by the county from the health district that the wastewater facilities meet all requirements of this section.
(9)
When Connection to Public Wastewater System Required
Every owner of a building or part thereof occupied by people for any purpose, any part of the day or night, where a main or lateral sewer of a public wastewater system is laid and maintained within three hundred feet (300') of such building and in such part of a street or alley as lies immediately adjacent to the lot, lots, parcel of land, or premises on which such building or part of a building is located, or when otherwise becomes available, shall connect with the public wastewater system, provided that a schedule of fees for service connections and normal monthly service charges shall be furnished to the city for their approval.
(10)
Approval of Subdivision Plans for Private Wastewater Facilities
(a)
Any developer or other interested person desiring to create a subdivision using private wastewater facilities must first show to the Galveston County Health District why it is not feasible to either connect to an existing or planned public wastewater collection and treatment system or establish such a system for the planned development.
(b)
Any developer or other interested person creating a subdivision using private wastewater facilities must obtain approval from the Galveston County Health District of his plan for wastewater disposal.
(i)
To obtain approval he must meet all the terms and conditions of this section and he must inform each prospective buyer in writing that the subdivision is subject to all of the terms and conditions of this section; that a permit will be required by private wastewater facilities constructed in the subdivision; and that a wastewater disposal plan has been filed for the subdivision, and that the areas judged suitable for private wastewater facilities have been defined.
(ii)
If investigation pursuant to this subsection reveals that a lot, section, or any portion of the subdivision is not suitable for the use of private wastewater facilities, the prospective buyer or buyers shall be so notified.
(11)
Right of Inspection
Officials of the health district shall have the right and privilege of entering any premises within the county within reasonable hours, for the purpose of inspecting private wastewater facilities after displaying proper identification to an adult occupant of said premises.
(12)
Permit Revocation
Any violation of this section will constitute grounds for revocation of the wastewater facilities permit.
(13)
Written Notice of Revocation
The wastewater facilities permit will be considered revoked upon a written notice containing reasons for revocation to the property owner or his agent and/or to the occupant of any violation of this section or any state law from any health official of the Galveston Health District. The written notice may be delivered in person by the health official or sent by regular U.S. mail to the property owner or his agent or to the address where the violation occurred.
(14)
Percolation Test
The director of the health district or his representative may require, if he deems necessary, a percolation test on any lot or section, or any other previously untested area. The test shall be conducted under the direction of a sanitarian registered by the State of Texas or by any registered professional engineer licensed by the State of Texas. The purpose of such test is to determine the capabilities of the area for absorbing properly all effluent emitted through the drain field.
(15)
Test Holes
It shall be the responsibility of the contractor or the property owner to prepare all test holes and provide adequate clean water necessary to conduct the percolation test.
(16)
Percolation Test Fee
The county of Galveston County shall be paid a reasonable fee of fifty dollars ($50.00) to recover the costs of administration and services performed for a percolation test.
(17)
When Owner Requests Percolation Test
Any property owner may request that the health district perform a percolation test on his property. When a percolation test is requested, the same fee as stated in paragraph (16) above will be charged and the same responsibilities as stated in paragraph (15) above shall apply.
(18)
Private Wastewater Systems
Any person constructing a private wastewater system for anyone other than themselves on any property other than their own must first be registered with the health district. The health district will acquaint the constructors with all the requirements of this regulation.
(19)
Violations
Any person constructing a private wastewater system for anyone other than themselves on any property other than their own, who knowingly violates any subsection or paragraph of this regulation may be removed from the register and is subject to all penalties herein.
F.
INSPECTIONS-GENERAL
(1)
Private Wastewater Facilities
The director of the Galveston County Health District or his representative shall inspect every private wastewater facility constructed after the passage of these regulations, for which an application for a building permit has been received by the county.
(2)
Existing Facilities
Private wastewater facilities existing on the date of passage of these regulations, which are to be changed and/or the loading increased, whether a county building permit is required or not, shall meet all the requirements of these regulations.
(3)
Health District Inspections
The plans for all new wastewater disposal systems shall be submitted to the health district for review before a county building permit will be issued and before construction on the septic tank system is begun. The health district shall examine each plan and the drawings and computations filed therewith to ascertain by such examination whether the design and construction indicated and described is in accordance with the requirements of this regulation.
(4)
Permit Number to be Submitted to Health District
Any person, firm, or corporation planning to erect, construct, or enlarge, alter, repair, or improve, any building or structure in the applicable jurisdiction or cause the same to be done, and who is required under the Galveston County Building Regulations to first obtain a separate building permit for such building or structures, must obtain said permit and present the permit number to the health district before any inspection of the wastewater facilities construction will be made.
(5)
Director of Health District May Inspect
The director of the Galveston County Health District or his representative may inspect at various intervals all materials, constructions, or work and may either approve the materials and that portion of the construction as completed or may notify the permit holder, or his agent, or the owner or his agent, or the person doing the work wherein the same failed to comply with this regulation.
(6)
When Work Shall be Stopped
Upon notice from the director of the health district or his representative that the work on any wastewater facility is being done contrary to the provisions of this regulation, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property or to his agent, to the permit holder or his agent, or to the person doing the work, and shall state the conditions under which such work may be resumed.
(7)
Misrepresentations
The director of the health district or his representative may revoke and/or withhold a permit or approval issued or to be issued under the provisions of this section, in case there has been any false statement or misrepresentation as to a material fact in the permit or approval was leased or for any other reason the private wastewater facilities do not meet all the requirements of this section.
(8)
Other Rules and Regulations
The director of the Galveston County Health District shall have the power, with the approval of the city, to prescribe and promulgate such rules and regulations not inconsistent with any law of the state, as may be deemed necessary to protect the health and safety of the people and to effectively perform the duties imposed by this section.
(9)
Special Consideration
The provisions of this subsection are not intended to prevent the use of any material, or method of construction not specifically prescribed by this regulation, providing any such alternate has been approved and its use authorized by the director of the health district or his representative. The director or his representative may approve any such alternate, provided he finds that the proposed design and/or materials are satisfactory and comply with the provisions of A Guide to the Disposal of Household Sewage published by the Texas State Department of Health, as adopted, and all special requirements of the health district, and that the material, method, or work offered, is for the purpose intended at least the equivalent of that provided in the guide in quality, strength, effectiveness, durability, and safety. The health director may require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding material, method of construction, and/or effectiveness of the system.
Request for special construction of any material, lot size, method of construction, and/or design not specifically prescribed by this regulation shall be considered each separately and unto itself. This shall include but is not limited to trailer parks and multiple dwellings.
(10)
Final Inspection
The property owner or his agent or the person constructing the wastewater facilities or his agent shall notify the health district at least one (1) day in advance of the desired date of the final inspection. All work shall be completed before the final inspection is made except that the septic tank or tanks shall be open and the backfill on the absorption field shall not be applied.
(11)
Health District Approval Required
The final inspection by the county or connection of the utility services shall not be made until after the approval of the health district, in the final inspection, as required in the Galveston County Building Regulations.
(12)
Work to be Completed Within Six (6) Months
All construction of the septic tank system shall be completed and the final inspection made by the health district within six (6) months of the approval of the septic tank system plans or new plans shall be submitted.
(13)
Defective Work or Materials
Final inspection shall not relieve the septic tank system contractor of his responsibility to the owner of the property for any defective work or material.
G.
FEES
(1)
Over and Above Building Permits
Where a building permit is required under the Galveston County Building Regulations to erect, construct, or enlarge, alter, repair, or improve any building or structure, a fee of fifteen dollars ($15.00) over and above the required building permit fee shall be charged and collected by the county, and said fee shall cover the costs incurred in reviewing and approving the proposed plan and the inspection, provided the facilities meet all requirements of this regulation and no further inspections are required and said fee shall be paid into the general fund of Galveston County.
(2)
When No Fees Charged
There shall be no fee charged for any inspection as may be made under subsection F(5) of this section.
(3)
Additional Inspections
If after a final inspection is requested, as outlined in subsection F(11), the wastewater system does not meet all the requirements of this section, a notice in writing of the violations shall be given to the owner of the property or his agent, the permit holder or his agent, or to the person doing the work. For each additional inspection, a fee of ten dollars ($10.00) will be charged until the facilities meet all requirements of this section and each inspection shall be requested as outlined in subsection F(11).
(4)
Special Inspections
The county of Galveston County shall be paid a reasonable fee of fifteen dollars ($15.00) to recover the costs of administration and services for the inspection of existing septic tank systems on any property, where an inspection is requested by any person and where the inspection is incidental to the sale of said property.
(5)
Collection of Fees
All additional inspection fees as outlined in paragraph (3) above and special inspection fees as outlined in paragraph (4) shall be collected on or before the final inspection. Certified checks, cashier's checks, personal checks, or money orders shall be sent to the Galveston County Health District, 1207 Oak (P.O. Box 939), La Marque, Texas 77568, and shall be made payable to the general fund of Galveston County.
(6)
Accounting of Permit Fees
The director of the Galveston County Health District shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, the date, and amount therefor.
H.
ENFORCEMENT OF THIS ORDER
(1)
Whenever it appears that a violation or threat of violation of any provision of this section has occurred, the City of Santa Fe may institute a suit in district court through its own attorney for injunctive relief or civil penalties or both, as authorized in Section 21.254 of the Texas Water Code, against the person or persons who committed or is threatening to commit the violation.
(2)
This power may not be exercised by the City of Santa Fe unless a resolution authorizing the exercise of the power is adopted.
(3)
In a suit brought by the City of Santa Fe under Section 21.254, the Texas Water Quality Board is a necessary and indispensable party.
I.
EXCEPTIONS
(1)
A person desiring an exception to any requirement of this section shall file a written statement with the health district stating the nature of the exceptions and the reason the exception should be granted.
(2)
The health district shall review the request and reply to the applicant in writing within thirty (30) days either granting or denying the request.
(3)
If the request is denied, the health district shall include in its reply the reasons for denial.
J.
APPEALS
A person aggrieved by an action of the health district made pursuant to this section is entitled to appeal to the municipal court of the City of Santa Fe if the following terms and conditions are met:
(1)
All of the appropriate steps required of the aggrieved person by the terms and conditions of this section have been met.
(2)
The aggrieved person has made a conscientious effort to resolve his problem with the health district.
(Ordinance 15-79 of September 13, 1979)