| (a) Responsibility of the authorized agent. An authorized
agent is responsible for the proper implementation of this chapter
in its area of jurisdiction.
(1) An authorized agent shall administer its on-site
sewage facility (OSSF) program according to the OSSF order, ordinance,
or resolution approved by the executive director.
(2) An authorized agent shall enforce this chapter
and Texas Health and Safety Code (THSC), Chapter 366.
(b) Requirements and procedures.
(1) Upon request from a local governmental entity,
the executive director shall forward a description of the delegation
process and provide a copy of the executive director's model order,
ordinance, or resolution.
(2) If the OSSF program is delegated to a municipality,
the jurisdiction of the authorized agent will be limited to the municipality's
incorporated area.
(3) To receive delegation as an authorized agent, a
local governmental entity shall draft an order, ordinance, or resolution
that meets the requirements of this chapter and THSC, §366.032.
The local governmental entity shall use the model order, ordinance,
or resolution as a guide for developing its order, ordinance, or resolution.
(4) If the local governmental entity proposes more
stringent standards than those in this chapter, the local governmental
entity shall submit the proposed order, ordinance, or resolution to
the executive director for review and comment before publishing notice.
(A) Each more stringent requirement shall be justified
based on greater public health and safety protection. The written
justification shall be submitted to the executive director with the
draft order, ordinance, or resolution.
(B) The executive director shall review the draft order,
ordinance, or resolution and provide written comments to the local
governmental entity within 30 days of receipt.
(C) If the local governmental entity's draft order,
ordinance, or resolution meets the requirements of this chapter, the
executive director will notify the local governmental entity in writing
to continue the process outlined in this subsection.
(D) If the local governmental entity's draft order,
ordinance, or resolution does not meet the requirements of this chapter,
the executive director will not continue the review process until
all requirements have been met. The executive director will notify
the local governmental entity in writing of all deficiencies.
(5) If the local governmental entity proposes using
the model order, ordinance, or resolution without more stringent standards,
or if the executive director has approved the draft order, ordinance,
or resolution with more stringent standards, the local governmental
entity shall hold a public meeting to discuss the proposed order,
ordinance, or resolution.
(A) The local governmental entity shall publish notice
of a public meeting that will be held to discuss the adoption of the
proposed order, ordinance, or resolution. The notice must be published
in a regularly published newspaper of general circulation in the entity's
area of jurisdiction.
(B) The public notice shall include the time, date,
and location of the public meeting.
(C) The public notice shall be published at least 72
hours before the public meeting, but not more than 30 days before
the meeting.
(6) The local governmental entity shall provide the
executive director with the following:
(A) a copy of the public notice as it appeared in the
newspaper;
(B) a publisher's affidavit from the newspaper in which
the public notice was published;
(C) a certified copy of the minutes of the meeting
when the order, ordinance, or resolution was adopted; and
(D) a certified copy of the order, ordinance, or resolution
that was passed by the entity.
(7) Upon receiving the information listed in paragraph
(6) of this subsection, the executive director shall have 30 days
to review the materials to ensure the local governmental entity has
complied with the requirements of this chapter and THSC, Chapter 366.
(A) After the review has been completed and all the
requirements have been met, the executive director shall sign the
order approving delegation and notify the local governmental entity
by mail.
(B) If the executive director determines during the
review that the materials do not comply with the requirements of this
section, the executive director will issue a letter to the local governmental
entity detailing the deficiencies.
(8) The local governmental entity's order, ordinance,
or resolution shall be effective on the date the order approving delegation
is signed by the executive director.
(9) Any appeal of the executive director's decision
shall be done according to §50.139 of this title (relating to
Motion to Overturn Executive Director's Decision).
(c) Amendments to existing orders, ordinances, or resolutions.
(1) To ensure that the authorized agent's program is
consistent with current commission rules, the executive director may
require periodic amendments of OSSF orders, ordinances, or resolutions.
(2) An authorized agent may initiate an amendment.
The authorized agent shall use the procedures in subsection (b) of
this section.
(3) The amendment shall be effective on the date the
amendment is approved by the executive director.
(d) Relinquishment of delegated authority by authorized
agent.
(1) When an authorized agent decides to relinquish
authority to regulate OSSFs, the following shall occur:
(A) the authorized agent shall inform the executive
director by certified mail at least 30 days before publishing notice
of intent to relinquish authority;
(B) the authorized agent shall hold a public meeting
to discuss its intent to relinquish the delegated authority;
(i) the authorized agent shall publish notice of a
public meeting that will be held to discuss its intent to relinquish
the delegated authority. The notice must be published in a regularly
published newspaper of general circulation in the entity's area of
jurisdiction;
(ii) the public notice shall include the time, date,
and location of the public meeting;
(iii) the public notice shall be published at least
72 hours before the public meeting, but not more than 30 days before
the meeting;
(C) the authorized agent must, either at the meeting
discussed in subparagraph (B) of this paragraph, or at another meeting
held within 30 days after the first meeting, formally decide whether
to repeal the order, ordinance, or resolution; and
(D) the authorized agent shall forward to the executive
director copies of the public notice, a publisher's affidavit of public
notice, and a certified copy of the minutes of the meeting in which
the authorized agent formally acted.
(2) Before the executive director will process a relinquishment
order, the authorized agent and the executive director shall determine
the exact date the authorized agent shall surrender its delegated
authority. Until that date, the authorized agent will retain all authority
and responsibility for the delegated program.
(3) The executive director shall process the request
for relinquishment within 30 days of receipt of the copies of documentation
required in paragraph (1)(D) of this subsection. After processing
the request for relinquishment, the executive director will issue
an order and shall assume responsibility for the OSSF program.
(4) On or after the date determined by the authorized
agent and the executive director, the authorized agent shall repeal
its order, ordinance, or resolution. Within ten days after the authorized
agent repeals its order, ordinance, or resolution, the authorized
agent shall forward a certified copy of the repeal to the executive
director.
(5) Authorized agents who relinquish their OSSF authority
may be subject to fees according to §285.14 of this title (relating
to Charge-back Fee) after the date that delegation has been relinquished,
unless the authorized agent has relinquished its OSSF authority due
to a material change in this chapter.
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