HomeMy WebLinkAbout26-28876 - City Council - OrdinanceOrdinance No. 26-28876
CI1YOFFORTWORTH §
STATE OF TEXAS §
AFFIDAVIT
Before me, the undersigned authority, personally appeared who, being by me duly
sworn, deposed as follows:
My name is :Ta O t'l ~ ooc,da o, , I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for the City of Fort
Worth, Texas. Attached hereto are five (5) pages of records known as Ordinance
Adopting Rules of the City of Fort Worth, Texas for On-Site Sewage Facilities
(Ordinance). The records are kept by me as City Secretary, City of Fort Worth, in the
regular course of business with knowledge of the act, event, condition, opinion, or
diagnosis, recorded to make the record or to transmit information thereof to be included
in such record; and the record was made at or near the time or reasonably soon
thereafter. The record attached hereto is the original or exact duplicate of the official
record.
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared :::JCln1\d:\G f..c:)Od.11, o , known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this-~'{)_~-day of CJcf-lJW:,
20'ddp
ORDINANCE ADOPTING RULES OF THE CITY OF FORT WORTH, TEXAS
FOR ON-SITE SEWAGE FACILITIES
(REV 11/2025) Page 1 of 6
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) has established
Rules for on-site sewage facilities (OSSFs) to provide the citizens of this State with
adequate public health protection and a minimum of environmental pollution; and
WHEREAS, the Texas Legislature enacted legislation, codified as Texas Health and
Safety Code (THSC), Chapter 366, which authorizes a local government to regulate the
use of OSSFs in its jurisdiction to eliminate and prevent health hazards from the use of
OSSFs; and
WHEREAS, the City of Fort Worth, Texas understands that there are technical criteria,
legal requirements, and administrative procedures and duties associated with regulating
OSSFs, and may have responsibilities under the following provisions:
Texas Health and Safety Code Chapters 366 (On-Site Sewage Disposal
Systems) and 367 (On-Site Wastewater Treatment Research);
Texas Water Code Chapters 7 (Enforcement), 26 (Water Quality),
and 37 (Occupational Licensing and Registration);
30 Texas Administrative Code Chapters 30 (Occupational Licensing and
Registrations), 70 (Enforcement), and 285 (On-Site Sewage Facilities); and
Section 9 of this Ordinance (More Stringent Requirements).
WHEREAS, due notice was given of a public meeting to determine whether the City
Council of the City of Fort Worth, Texas should enact an Ordinance regulating the
installation and use of OSSFs in the City of Fort Worth, Texas; and
WHEREAS, the City Council of the City of Fort Worth, Texas finds that the use of OSSFs
in the City of Fort Worth, Texas is causing or may cause pollution, and is injuring or
may injure the public health; and
WHEREAS, the City Council of the City of Fort Worth, Texas has considered the matter
and deems it appropriate to enact an Ordinance adopting Rules regulating OSSFs to
abate or prevent pollution, or injury to public health in the City of Fort Worth, Texas.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1. THAT the matters and facts recited in the preamble are true and correct;
SECTION 2. THAT the·use of OSSFs in the City of Fort Worth, Texas is causing or may
cause pollution or is injuring or may injure the public health;
SECTION 3. This Ordinance repeals and replaces any other On-Site Sewage Facility
(REV 11/2025) Page 2 of 6
Ordinance for the City of Fort Worth, Texas.
SECTION 4. THAT an Ordinance for the City of Fort Worth, Texas be adopted entitled
"On-Site Sewage Facilities," which shall read as follows:
ORDINANCE ADOPTING RULES OF THE CITY OF FORT WORTH, TEXAS
FOR ON-SITE SEWAGE FACILITIES
SECTION 5. THAT the City of Fort Worth, Texas wishing to adopt more stringent
requirements for its OSSF ORDINANCE understands that the more stringent
requirements in this ORDINANCE take precedence over the corresponding TCEQ rule.
SECTION 6. AREA OF JURISDICTION.
This Ordinance shall apply to all the areas lying within the City of Fort Worth,
Texas, except for areas regulated under an existing Order, Ordinance, or Resolution.
SECTION 7. COMPLIANCE WITH ORDINANCE.
All OSSFs installed in the jurisdictional area of the City of Fort Worth must
comply with this Ordinance.
SECTION 8. INCORPORATION BY REFERENCE.
The following statutes and rules, including all future amendments to the statutes
and rules, are incorporated by reference specifically, but not limited to:
Texas Health and Safety Code Chapters 366 (On-Site Sewage Disposal Systems)
and 367 (On-Site Wastewater Treatment Research);
Texas Water Code Chapters 7 (Enforcement), 26 (Water Quality), and 37
(Occupational Licensing and Registration); and
30 Texas Administrative Code Chapters 30 (Occupational Licensing and
Registrations), 70 (Enforcement), and 285 (On-Site Sewage Facilities).
SECTION 9. MORE STRINGENT REQUIREMENTS.
30 Texas Administrative Code (TAC)§ 285.10 allows local governmental entities
to propose more stringent standards than minimally required by 30 TAC Chapter 285.
The City of Fort Worth has determined that more stringent requirements are necessary
to protect human health and the environment. The Justification for the more stringent
requirements is in Exhibit B of this ORDINANCE. The following more stringent
requirements are adopted by City of Fort Worth, Texas in this ORDINANCE:
(A) Required Connections with Sewers
a. All owners of real property situated within the city upon which
improvements are situated, where the outside line of any part of the
(REV 11/2025) Page 3 of 6
property abuts upon an alley or street or through which a public sewer
extends or is within a distance or radius of 100 feet of a public sanitary
sewer, shall provide a water closet with water service on such premises
and connect same with the public sewer, which connection shall be and
made by and at the expense of the owner of the improvements.
b. Where a sanitary sewer is not available, but where water under
pressure is available, such water closet shall be connected to an OSSF
installed in accordance with all local and state regulations, including
requirements found in this article.
c. The requirements of this section shall apply to every lot or part oflot
upon which a residential or commercial structure now exists or upon
which same may be hereafter erected; a separate water closet, with its
proper connections, being mandatory for each structure.
(B) Requirement for Permit
a. The City shall require an application, permit, and inspection for
construction, alteration, extension, or repair of any OSSF, regardless of
property size.
(C) Maintenance by Licensed/Registered Persons Only
a. The maintenance for all OSSFs identified in § 285.91 (12) must be
performed by a TCEQ licensed maintenance provider or TCEQ
registered maintenance technician employed by a licensed
maintenance provider.
b. All construction, alteration, extension, or repair to any OSSF shall be
provided by a licensed Installer. There shall be no homeowner
installations unless the homeowner is also a licensed Installer.
c. All habitable structures, upon their completion, must be connected to
either a central wastewater treatment sanitary sewer system or a
permitted OSSF.
SECTION 10. COLLECTION OF FEES.
All persons, companies, or other entities applying for permits, inspections, and
re-inspections shall pay the permit fees as provided in the City's schedule of fees. All fees
collected for permits and/ or inspections shall be made payable to the City of Fort
Worth, Texas. A fee will also be collected for each OSSF permit to be paid to the credit of
the TCEQ Water Resources Management Account as required by THSC Chapter 367.
SECTION 11 . APPEALS.
Persons aggrieved by an action or decision of the designated representative may
appeal such action or decision to the Director of the Environmental Services
Department of the City of Fort Worth within 10 days of such action or decision. Failure
to appeal renders the action or decision of the permitting authority final and binding.
SECTION 12 . ENFORCEMENT PLAN.
The City of Fort Worth Texas understands that, at a minimum, it must follow the
(REV 11/20 25) Page 4 of 6
requirements in 30 TAC§ 285. 71 (Authorized Agent Enforcement of OSSFs). This
includes timely investigating complaints, notifying complainants of findings, and taking
appropriate action related to any documented violations. Records related to these
activities shall be retained for review by TCEQ.
The City shall take appropriate and timely action on all documented violations,
which may include any available penalties and remedies, pursuant to all applicable
provisions related to OSSFs, including those found in Chapters 341 and 366 of the
THSC, Chapters 7 and 26 of the Texas Water Code, and 30 TAC Chapter 285.
When the City determines whether a violation of this Ordinance has occurred or
is occurring, the following remedies are available to the Environmental Services
Director. The remedies provided for in this section or elsewhere in this Ordinance are
not exclusive. The Director may take any, all, or any combination of these actions
against a violator, consecutively or concurrently:
(A) Issuance of a warning notice.
(B) Issuance of one or more citations.
(C) Nuisance abatement, if applicable.
(D)Request the city attorney to institute a suit for civil remedies as provided by
this Ordinance, or state law; or
(E)Any other remedy provided by law.
SECTION 13. SEVERABILITY.
It is hereby declared to be the intention of the City Council of the City of Fort
Worth Texas, that the phrases, clauses, sentences, paragraphs, and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this
Ordinance should be declared void by a valid judgment or decree of any court of
competent jurisdiction the judgment or decree shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this Ordinance.
SECTION 14. RELINQUISHMENT OF ORDINANCE.
If the Authorized Agent of the City of City of Fort Worth, Texas decides to
relinquish its authority to regulate OSSFs in its area of jurisdiction, the local
governmental entity (previously the Authorized Agent) and TCEQ shall follow the
procedures in 30 TAC§ 285.10 (d) (1) through (4).
After relinquishing its OSSF authority, the local governmental entity understands
that it may be subject to charge-back fees in accordance with 30 TAC§ 285.10 (d) (5)
and§ 285.14.
SECTION 15. TITLE VI COMPLIANCE.
If necessary, based on the need for access to information in a language other than
English by the community, the Authorized Agent shall provide information regarding
this Ordinance, including notice, applications, and enforcement actions, in an
(REV 11/2025) Pag e 5 of6
alternative language. The Authorized Agent may base its determination on all relevant
factors including whether the elementary or middle school nearest to the site is required
to provide a bilingual education program as required by Texas Education Code, Chapter
29, Subchapter B, whether there is newspaper regularly published in an alternative
language, or if the Authorized Agent has historical knowledge.
SECTION 16. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its date of approval
as required by law and upon the approval ofTCEQ.
AND IT IS SO ORDERED: --t;}f
PAS.ltD AND APPROVED THIS _....,2 """-----1 __ DAY OF ,1) .~k ,
20 . ~
iVEDtl
Mayor
ATTEST:
~ ,µ 1-tt b & Jio,.,.a,. a.I City Secretary
(REV 11/2025) Page 6 of 6
FORT WORTH .
~
MA VOR AND COUNCIL COMMUNICATION
11.3 ON-SITE SEWAGE FACILITIES MODEL ORDINANCE
DATE: 09/29/26 M&C FILE NUMBER: M&C 26-0556
DEPARTMENT: ENVIRONMENTAL SERVICES
SUBJECT
(ALL) Conduct Public Hearing on the Adoption of Ordinance to Adopt Texas Commission on
Environmental Quality Regulations for the Installation and Use of On-Site Sewer Facilities in
the City of Fort Worth and to Become Authorized Agent tor On-Site Sewer Facilities, Adopt
Ordinance Adopting Texas Commission on Environmental Quality Regulations for On-Site
Sewer Facilities and More Stringent Regulations, and Establish Fees for On-Site Sewer Facilities
Services
(Public Hearing -a. Staff Available for Questions: Cody Whittenburg; b . Public Comment; c .
Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION
It is recommended that the City Council:
l. Conduct a public hearing the adoption of an ordinance adopting Texas Commission
on Environmental Quality regulations for on-site sewer facilities; and
2. Adopt the attached ordinance adopting Texas Commission on Environmental Quality
regulations for on-site sewer facilities for the permitting, maintenance, and
construction of on-site sewer facilities, adopting more stringent regulations than those
imposed by the Texas Commission on Environmental Quality, enforcement for
violations, introducing a licensure requirement for maintenance on on-site sewer
facilities, and allowing tor variances; and
3. Establish the fees for OSSF services to be performed by the Environmental Services
Department
DISCUSSION
The purpose of this Mayor and Council Communication (M&C) is to recommend adoption of
an ordinance which will designate the City as the authorized agent of the Texas Commission
for Environmental Quality (TCEQ) for regulating on-site sewer facilities (OSSF) in the City of
Fort Worth. OSSFs may also be called on-site sewage disposal systems or septic tanks.
l of 4
FORT WORTH .
~
The City's involvement in OSSF oversight began in 1927, with the adoption of Ordinance 1271,
which was called the Sanitary Code. The City coordinated OSSF regulations with Tarrant
County. In 1992, the City adopted Ordinance 11146, which amended Chapter 35, Article V of the
City Code authorizi ng the City to enter into agreements with other local governmental entities
to perform OSSF inspection and permitting functions in the City. Shortly thereafter, the City
entered into an interlocal agreement with Tarrant County, which granted Tarrant County
oversight of OSSFs within Fort Worth, while Fort Worth retained responsibility for facilities in the
Lake Worth watershed. This arrangement resulted in two authorized agents reporting OSSF
activities to the state for Fort Worth.
In 2001, the Texas Natural Resource Conservation Commission (the predecessor agency to
TCEQ) adopted updated OSSF regulations in accordance with Chapter 366 of the Texas
Health and Safety Code. The updated regulations eliminated the ability for multiple local
governmental entities to be an authorized agent in the same area. In 2024, TCEQ audited
Tarrant County and required that the City adopt the attached ordinance to comply with state
regulations. In 2025, Tarrant County terminated its agreement with the City to perform
inspection and permitting functions in the C ity. On August 11, 2026, TCEQ issued the City its
Notice to Proceed regarding the adoption of this proposed ordinance.
By adopting the attached ordinance, the City will be the authorized agent overseeing OSSF's
located within Fort Worth's incorporated area. The City's Environmental Services Department
will oversee the City's OSSF program, which includes OSSF permitting, inspections and
reporting to TCEQ within City limits (the OSSF Program). Environmental Services has worked
in coordination with both the Water Department and Development Services Department to
ensure organizational alignment.
The OSSF Program has minimal operational impact because most properties in Fort Worth
are connected to the municipal sanitary sewer system. Fewer than 20 service requests per
year are anticipated.
To implement this program, it is recommended that the Mayor and Council adopt the
attached ordinance. The ordinance incorporates minimum State regulations for permitting,
maintenance, and construction, and includes: 1) establishing an enforcement framework that
includes notices of violation, citations, and nuisance abatement orders; 2) requiring that
OSSF maintenance be performed by a licensed professional; 3) designating the
Environmental Services Department as the TCEQ's authorized agent for the City; and 4)
authorizing City Council to set applicable fees. The ordinance also includes more stringent
requirements than those imposed by TCEQ regulations.
2 of 4
fORTWORTH e
~
It is also recommended that the Mayor and Council adopt the following fees and incorporate
them into the master fee schedule to ensure the City may recover its costs of providing OSSF
services. Tarrant County terminated the interlocal agreement with the City effective
September 30, 2025. Consequently, effective October 1, 2025, TCEQ required the City to collect
the OSSF Water Resources Management Fee pursuant to section 367.010 of Texas Health and
Safety Code. Adoption of this M&.C authorizes the Environmental Services Department to
collect the OSSF fees specified below. Adoption of this M&.C also authorizes the Environmental
Services Department to collect the Water Resources Management Fees going forward and
ratifies and retroactively authorizes collection of the state-mandated fees incurred since
October l, 2025 and authorized their collection going forward .
Fe~T¥~ Fee Amount
On-Site Sewage Facility New
$435.00 Construction Application
On -Site Sewage Facility $255.00
Repair Application
On-Site Sewage Facility $190 .00
Inspection Request
On-Site Sewage Facility
General Contractor $168 .75
Registration Fee
On-Site Sewage Facility
Administrative Fee for $100.00
Ownership Change
On-Site Sewage Facility
Water Resources
Management Fee for TCEQ -$10 .00
Per Unit
This M&.C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION
The Director of Finance certifies that upon approval of the above recommendations and
adoption of the ordinance, funds will be deposited into the General Fund. The Environmental
Services Department (and Financial Management Services) is responsible for the collection
and deposit of funds due to the City.
3 of 4
FORT WORTH .
~
SUBMITTED FOR CITY MANAGER'S OFFICE BY: Valerie R. Washington, # 6192
Cody Whittenburg, # 5455
Leticia Cordero, # 6973
ORIGINATING BUSINESS UNIT HEAD:
ADDITIONAL INFORMATION CONTACT:
ATTACHMENTS
l. APPROVED-ORDINANCE ADOPTING RULES OF THE CITY OF FORT WORTH 07-2026 [11.3.l -6
pages]
2. Notice To Proceed-City of Fort Worth. 8 -11 -2026 [11 .3.2 -l page]
3. Ord Adopting Rules of the City of Fort Worth [11.3.4 -7 pages]
4 of 4
FORT WORTH .
~
MAYOR AND COUNCIL COMMUNICATION
11.3 ON-SITE SEWAGE FACILITIES MODEL ORDINANCE
DATE: 09/29/26 M&.C FILE NUMBER: M&.C 26-0556
DEPARTMENT: ENVIRONMENTAL SERVICES
SUBJECT
(ALL) Conduct Public Hearing on the Adoption of Ordinance to Adopt Texas Commission on
Environmental Quality Regulations for the Installation and Use of On-Site Sewer Facilities in
the City of Fort Worth and to Become Authorized Agent for On-Site Sewer Facilities, Adopt
Ordinance Adopting Texas Commission on Environmental Quality Regulations for On-Site
Sewer Facilities and More Stringent Regulations, and Establish Fees for On-Site Sewer Facilities
Services
(Public Hearing -a. Staff Available for Questions: Cody Whittenburg; b. Public Comment; c.
Council Action: Close Public Hearing and Act on M&.C)
RECOMMENDATION
It is recommended that the City Council:
l. Conduct a public hearing the adoption of an ordinance adopting Texas Commission
on Environmental Quality regulations for on-site sewer facilities; and
2. Adopt the attached ordinance adopting Texas Commission on Environmental Quality
regulations for on-site sewer facilities for the permitting, maintenance, and
construction of on-site sewer facilities, adopting more stringent regulations than those
imposed by the Texas Commission on Environmental Quality, enforcement for
violations, introducing a licensure requirement for maintenance on on-site sewer
facilities, and allowing for variances; and
3. Establish the fees for OSSF services to be performed by the Environmental Services
Department
DISCUSSION
The purpose of this Mayor and Council Communication (M&.C) is to recommend adoption of
an ordinance which will designate the City as the authorized agent of the Texas Commission
for Environmental Quality (TCEQ) for regulating on-site sewer facilities (OSSF) in the City of
Fort Worth. OSSFs may also be called on-site sewage disposal systems or septic tanks.
l of 4
FORT WORTH .,
~
The City's involvement in OSSF oversight began in 1927, with the adoption of Ordinance 1271,
which was called the Sanitary Code. The City coordinated OSSF regulations with Tarrant
County. In 1992, the City adopted Ordinance lll46, which amended Chapter 35, Article V of the
City Code authorizing the City to enter into agreements with other local governmental entities
to perform OSSF inspection and permitting functions in the City. Shortly thereafter, the City
entered into an interlocal agreement with Tarrant County, which granted Tarrant County
oversight of OSSFs within Fort Worth, while Fort Worth retained responsibility for facilities in the
Lake Worth watershed. This arrangement resulted in two authorized agents reporting OSSF
activities to the state for Fort Worth.
In 2001, the Texas Natural Resource Conservation Commission (the predecessor agency to
TCEQ) adopted updated OSSF regulations in accordance with Chapter 366 of the Texas
Health and Safety Code. The updated regulations eliminated the ability for multiple local
governmental entities to be an authorized agent in the same area. In 2024, TCEQ audited
Tarrant County and required that the City adopt the attached ordinance to comply with state
regulations. In 2025, Tarrant County terminated its agreement with the City to perform
inspection and permitting functions in the City. On August 11, 2026, TCEQ issued the City its
Notice to Proceed regarding the adoption of this proposed ordinance.
By adopting the attached ordinance, the City will be the authorized agent overseeing OSSF's
located within Fort Worth's incorporated area. The City's Environmental Services Department
will oversee the City's OSSF program, which includes OSSF permitting, inspections and
reporting to TCEQ within City limits (the OSSF Program). Environmental Services has worked
in coordination with both the Water Department and Development Services Department to
ensure organizational alignment.
The OSSF Program has minimal operational impact because most properties in Fort Worth
are connected to the municipal sanitary sewer system. Fewer than 20 service requests per
year are anticipated.
To implement this program, it is recommended that the Mayor and Council adopt the
attached ordinance. The ordinance incorporates minimum State regulations for permitting,
maintenance, and construction, and includes: 1) establishing an enforcement framework that
includes notices of violation, citations, and nuisance abatement orders; 2) requiring that
OSSF maintenance be performed by a licensed professional; 3) designating the
Environmental Services Department as the TCEQ's authorized agent for the City; and 4)
authorizing City Council to set applicable fees. The ordinance also includes more stringent
requirements than those imposed by TCEQ regulations.
2 of 4
FORT WORTH .
~
It is also recommended that the Mayor and Council adopt the following fees and incorporate
them into the master fee schedule to ensure the City may recover its costs of providing OSSF
services. Tarrant County terminated the interlocal agreement with the City effective
September 30, 2025. Consequently, effective October l , 2025, TCEQ required the City to collect
the OSSF Water Resources Management Fee pursuant to section 367.010 of Texas Health and
Safety Code. Adoption of this M&.C authorizes the Environmental Services Department to
collect the OSSF fees specified below. Adoption of this M&.C also authorizes the Environmental
Services Department to collect the Water Resources Management Fees going forward and
ratifies and retroactively authorizes collection of the state-mandated fees incurred since
October l, 2025 and authorized their collection going forward.
Feel¥~ Fee AmQunt
On-Site Sewage Facility New
$435.00 Construction Application
On-Site Sewage Facility $255.00
Repair Application
On-Site Sewage Facility $190.00
Inspection Request
On-Site Sewage Facility
General Contractor $168 .75
Registration Fee
On-Site Sewage Facility
Administrative Fee for $100.00
Ownership Change
On-Site Sewage Facility
Water Resources
Management Fee for TCEQ -$10.00
Per Unit
This M&.C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION
The Director of Finance certifies that upon approval of the above recommendations and
adoption of the ordinance, funds will be deposited into the General Fund. The Environmental
Services Department (and Financial Management Services) is responsible for the collection
and deposit of funds due to the City.
3 of 4
FORT WORTH .
~
SUBMITTED FOR CITY MANAGER'S OFFICE BY: Valerie R. Washington, # 6192
Cody Whittenburg, # 5455
Leticia Cordero, # 6973
ORIGINATING BUSINESS UNIT HEAD:
ADDITIONAL INFORMATION CONTACT:
ATTACHMENTS
l. APPROVED-ORDINANCE ADOPTING RULES OF THE CITY OF FORT WORTH 07-2026 [11.3.1 - 6
pages]
2. Notice To Proceed-City of Fort Worth. 8-11-2026 [11.3.2 -l page]
3. Ord Adopting Rules of the City of Fort Worth [11.3.4 - 7 pages]
4 of 4