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R73-08CITY OF KENNEDALE RESOLUTION NO. 73 -8 A RESOLUTION pertaining to the regulation and registration of private sewage facilities within the CITY of KENNEDALE, TEXAS WHEREAS, certain natural conditions in the CITY of KENNEDALE make the unregulated disposal of sewage through the use of private sewage facilities undesirable and a potential threat to the health of inhabitants; and WHEREAS, a commonly used private sewage facility in KENNEDALE is the septic tank, the improper functioning of which is causing, or may cause, pollution, or is injuring, or may injure, the public health; and further THAT the CITY of KENNEDALE realizes the present or potential threat to public health and also realizes the present limitations of its municipal staff NOW, THEREFORE, BE IT RESOLVED, by the CITY OF KENNEDALE Texas, by the authority of Section 21.084 and Section 21.355 of the Texas Water Quality Act, that the City of KENNEDALE petitions the Commissioners' Court of Tarrant County to enforce those sections of the Texas Water Quality Act as enumerated in Commissioners' Court Order No. 42703 within the corporate limits of the City of KENNEDALE after the effective date of said regulation as specified by the Texas Water Quality Board. APPROVEDs P, hilares, Mayor ATTEST. Evelyn I. Templeto , City Secretary C7 F C:) D o r „ v V N V i i I VGVLLI 4IIRalb. It is so ordered. -0-0-0-0-0-0-0-0 - 42796 RESOLUTION REGARDING REQUESTS OF CITIES OF KEN NEDALE AND LAKESIDE � FOR ENFORCEMENT OF TEXAS MATER QUALITY ACT ADOPTED September 17, 1973 Motion was made by Commissioner Mebus, seconded by Commissioner Lewis, and unanimously carried that the following Resolution be adopted: WHEREAS, certain natural conditions in the Cities of Kennedale and Lakeside, Texas make the unregulated disposal of sewage through the use of private sewage facilities undesirable and a potential threat to the health of inhabitants; and 1 4HEREAS, a commonly used private sewage facility in Kennedale and Lakeside, Texas is the septic tank, the improper functioning of which is causing, or may cause, pollution, or is injuring, or may injure, the public health; and WHEREAS, the Cities of Kennedale and Lakeside, Texas realize the present or potential threat to public health and also realize the present limitations of its municipal staff; and further THAT Commissioners' Court Order No. 42703, Section II makes provision for enforcement of State Health Regulations through intergovernment contracts. 42796 CONTINUED. N014 THEREFORE BE IT RESOLVED, by the authority of Section 21.355 of the Texas t'later Quality Act, i that the Commissioners' Court of Tarrant County, Texas accept the requests of the City of Kennedale, I Texas and City of Lakeside, Texas for the enforcement of those sections of the Texas 'later Quality Act as .enumerated in Commissioners' Court Order No. 42703, and directs the Tarrant County Health Department to perform all actions necessary to comply with the directives of this Order. - 0- 0- 0- 0- 0- 0 -0-0- = m rt3� 0 d yy m Z X s• C:) D o r „ v V N V i i I VGVLLI 4IIRalb. It is so ordered. -0-0-0-0-0-0-0-0 - 42796 RESOLUTION REGARDING REQUESTS OF CITIES OF KEN NEDALE AND LAKESIDE � FOR ENFORCEMENT OF TEXAS MATER QUALITY ACT ADOPTED September 17, 1973 Motion was made by Commissioner Mebus, seconded by Commissioner Lewis, and unanimously carried that the following Resolution be adopted: WHEREAS, certain natural conditions in the Cities of Kennedale and Lakeside, Texas make the unregulated disposal of sewage through the use of private sewage facilities undesirable and a potential threat to the health of inhabitants; and 1 4HEREAS, a commonly used private sewage facility in Kennedale and Lakeside, Texas is the septic tank, the improper functioning of which is causing, or may cause, pollution, or is injuring, or may injure, the public health; and WHEREAS, the Cities of Kennedale and Lakeside, Texas realize the present or potential threat to public health and also realize the present limitations of its municipal staff; and further THAT Commissioners' Court Order No. 42703, Section II makes provision for enforcement of State Health Regulations through intergovernment contracts. 42796 CONTINUED. N014 THEREFORE BE IT RESOLVED, by the authority of Section 21.355 of the Texas t'later Quality Act, i that the Commissioners' Court of Tarrant County, Texas accept the requests of the City of Kennedale, I Texas and City of Lakeside, Texas for the enforcement of those sections of the Texas 'later Quality Act as .enumerated in Commissioners' Court Order No. 42703, and directs the Tarrant County Health Department to perform all actions necessary to comply with the directives of this Order. - 0- 0- 0- 0- 0- 0 -0-0- A REbOLUTION approving an order by the Coramissionerst Court of 'Tarrant County pertaining to the regulation and regis- tration of private sewage facilities within Tarrant County, c;'. .: A , certain natural conditions in !'s,,r ,, ' u., y waKe the unregulated disposal of sewage through the use of private sewa facilities undesirable and a potential threat to the health of inhabitants of Tarrant County; and i'rli�i�..::.i.�, tf1(: IaiOSt commonly used private sewage facility in Tarrant County is the septic tank, the improper functioning of which is causing, or may cause, pollution, or is injuring, or may injure, the public health; MAI 'THi;R :FORL Pli IT Ri_::iOLAED, DY THE COLuiISSIOid ;K,,5t COURT OF TAtRAI1T COUF TLYAS, by the authority of Section 21.08 of the Texas (dater Quality Act, that the .following regulations be in full force and effect as soon as approved by the Texas Water Quality 3oard: jr;C'PIO'I 1. ll . ti1I1TT0�d0 1. "COIll cTOI +I RS' COURT," means the Tarrant County Cor.u,iissionerst Court. 2. "LIC �TdaTtiC AU'THO I'TY," means the Tarrant County Public : Ialth Department or its designee. 3. "P3ISOII," includes natural persons, corporations, organizations, estates, trusts, partnerships, asso- ciations or other entities. 4. "PRIVATE SEWAGE FACILITY, means septic tanks, pit privies, cesspools, sewa holding tanks, injection wells used to dispose of sewage and all other facili- ties, systems, and methods used for the disposal of sewage other than disposal systems operated under a permit issued by the Texas Water Quality Board. 5. "SEWAGE," means residential, commercial, or industrial wastes. 6. "ORGANIZED DISPOSAL SYSTEI means any publicly -owned system for the collection, treatment and disposal of sewage operated in accordance with the terms and condi- tions of a valid waste control order issued by the Texas Water Quality Board. 7. "SUBDIVISION," means (1) 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 (2) any four (4) or more contiguous lots or tracts, :each of which is less than two (2) acres in size. 8. "BOARD," means the Texas Water Quality Board. 9. "EXECUTIVE DIRECTOR," means the Executive Director of the Texas Water Quality Board. 10. "MERCHANT," means a party to a consumer transaction other than the consumer. 11. "BUILDER, DEVELOPER,'OR AGENT," means a party to a consumer transaction, specifically land transactions involving the creation of subdivisions or the selling or trading of lots or tracts therein. 12. "KNOWINGLY," means actual awareness of the falsity or deception but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness. 13. Words used in the present tense shall include the future; words used in the singular number shall in- clude the pplural number; and words used in the plural number sha11 include the singular. 14. The word "SHALL" is mandatory and not discretionary. 15. The word 11 MAY 11 is permissive. SECTIOI4 II. LICENSING ARM The provisions of this Order shall apply to all of the area of Tarrant County which does not lie vrithin the territor- ial jurisdiction of any incorporated city or town. This order shall apply, also, to those cities or towns which, through the action of their governing bodies, make application to the Com- missioners' Court for coverage under this order; such applica- tions must be accepted and approved by the Commissioners' Court of Tarrant County. SECTION III. ShWAGE SYSTZ' -'iS ALLOWABLN; After the effective date of this Order, only the following types of private sewage systems shall be lawfully installed: A. Organized waste disposal systems operating under a valid Waste Control Order issued by the Board. B. Private sewage facilities licensed in accordance with the regulations contained in this Order. SECTION IV. LOCAL AUTHORITY llnSIGPdATED TO PERFOR14 LICENSII`dG AI4D REGISTRATION FUNCTIONS OF THIS ORDER A. The Licensing Authority, acting as an agent for the Commissioners' Court, shall perform or require the performances of all the functions necessary to meet the licensing and registration requirements of this Order. The Department shall have the following powers: 1. To enforce all the regulations contained in this Order. 2. To r.iake reasonable inspections of all private sewage facilities located, or to be located, within the area covered by this Order. 3. To collect all fees set by the Board or Corrunis- sioners' Court necessary to recover all the costs incurred in meeting the requirements of this Order. 4. The fee account:: shall be audited quarterly by the County Auditor and sui.taule reports shall he made to the Colzlissionerst Court by the Cowry Aluditor. ihe hicensin Authority, acting as an agent for thc: Co:alia: ioners' Court, shall have the following respon- ilities: 1. To stake semi- annual reports to the Board on all actions taken concerning this Order. 2. To perfori'a all of the duties necessary to meet the requirements of this Order. iiiC`i'IOid V. LIC IISIi ?C ULOUIfi•iLiv`1'a FOR REuTDLiITIAL USE A. No person shall in..tall private sewage facilities after the effective date of this Order unless a license or re istration has been issued for the facility. The lot or tract upon tihich the private sewage facility will be constructed or utilized must be capable of disposing of the proposed waste in a manner acceptable to the .Licensin :Authority. The following shall be strictly adhered to before septic tank licenses Brill be granted: 1. all lots shall be a mini.raum of 20,000 square feet. 2. topographic maps shall be submitted to the Licen- sing Authority and the Licensing Authority shall make determinations as to the number and location of sites for percolation tc,;ts, including depth of percolation tests and sub -soil test. The pre- tence or absence of water shall be indicated. 3. a plat of the proposed subdivision must be filed with, approved by, and recorded by the Cot,irnis* sionerst Court of Tarrant County. 4. !_ report must accompany the license request stating the number of bedrooms in each proposed residence. The following tank requirements will then be imposed upon the proposed duelling: a. two bedrootas 750 gallons b. three bedrooms 900 it c. four bedroom6 1000 " d. each additional bedroom 250 'r I ank construction must meet the following re- quironents: reinforced concrete irith two -inch ii:l.niiaum wall and lid thickness. The flow line oI the inlet i pe should be at least three inches higher than the flour line of the outlet pipe. Adequate freeboard for scum storage shall be allowed. 6. Tight lines and connections shall include pipe from house to t:?nl;, tank to lateral field, all inverts, crossovers, "L" and "T" joints. Tight line from hou::e to tank shall have w" fall per foot of pipe. 7. : "ie lateral field shall utilize the looped -in or serial distribution type system as indicated by the topography. Lines shall be a minimum of 7 to 10 feet apart. aquare feet of botton trench shall be based on percolation - rate with 150 square feet per bedroom minimum. The ditch width may vary fron to to 36 inches. The bottom of tiic trench must be zero degree grade. The lateral aggregate must be clean, sharp, free fro:i excessive fines and may range in size from 1. to 23 inches, i iniraura aggregate shall be 6 to o inches below lateral pipe and 2 to 3 in- cloo above. he lateral pipe must be 4 inches rjini,aur; diameter with top half of open joints covered, to prevent entry of aggregate fines. Lateral field r,.ust be protected from surface or sub - surface drainage from upper water sheds, drainage easer,ients, etc. The ditch depth may vary from 21 to Winches depending upon type of system used and toper raphy diversities. Depth should be reasonably uniform to prevent over - flowing at shallow points during prolonged heavy floras. extra deep ditches prevent rapid cani.l- laric rise of .caste water for siZnificant, if any, liquid reduction through evapotranspira- tion. square footage of ditches exceeding maxi - LIMI depth will probably be disallowed in specific performance inspections for required overall square footage of bottom trench area. 0. Final performance approval must be executed on site by Licensing Authority just prior to earth backfill over the coaupleted system. CTiO1i VI. LIC� 1JIi'v'G 1?DQUI1i; 1 ZINTS FOR, I1d3TITU`TION/I11DUMIAL USE, A . Coi:ipart,ients Althouh sin „le- co;:part,cnt tankU may be acceptable for .iou.-3ehold installation.:,, tanks with two or More coinpartmen6s shall :,c provided for large institutional systems. The compartments shall be separated by uall� with tees or ells to permit liquid flora. The flora line of this intermediate fitting shall be at the sa:ie elevation of the flow line of the outlet fitting; i.e., three inches below the elevation of the flow line of the inlet fitting. The capacity of the first coripartr. ent sliall be at least two or three tines the capacity of the second co,npartment. Capacities `i'he net volmio or effective capacity below the flow line of a Septic tank for flows up to 500 ;allons per day Shall be at least 750 gallons. For flows bbepween 500 and 1500 gallons per day, the capacity of the tank ",hall be equal to at least 12 daysl sewage flow. Ath flows greater than 1500 gallons per day, the minimum effective tank capacity shall eaual 1,125 gallons plus 75 per cone of the daily •sesrage flow. I daily flows in excess of 15,000 gallons, other type: of sewage treatment units may be more econorlica.l. C. inimix: Capacity , tandards `P1P � OF IT Small dwellingu and cottages with seasonal occupancy �in� >le- family dwellings u ; ltiiple- far :lly dwellingo Rooriing houses .oarding houses Additional kitchen wastes boarders (apartments) for non - resident GAL/Y �RSO 1/DAX Ho "cols without private bath. Hotels wieh private baths (2 persons per rooan) Restaurants (toilet and kitchen wastes per patron) `lestaurants (kitchen wastes per meal served) Additional for bars and cocktail lotuages Tourist canao, or trailer parks with central ?)athhonoo `l'ourist; courts or r:obile individual "a unite: Re: >ort ca,_n: (ni ht and plu�abing Luxury ca;p hone pa.r'_;s with day) wirli lixAtod 50 7'S 60 40 50 10 50 60 7 to 10 22 to 3 2 35 50 50 100 to 150 TYPE OF E'.STADL131'R•rJriT GAL/PER30Id/DAY Work or construction camps (se;:ii- permanent) Day campy (no meals served) Day schools without cafeterias, gymnasiums or shouters Day schools with cafeterias, out no ymnasiums and shouters Day schools with cafeterias, gymiasiums and showers i3oardin schools Day workers at schools and offices (per shift) liospital.3 Institutions other than hospitals Factories (gallons per person per shift, exclusive of industrial wastes) Picnic parks (toilet wastes only) (gallons per picnicker) Picnic parks with bathhouse, showers and flush toilets :-winvaing pools and bathhouses Luxury residences and estates Country clubs per resident moraber) Country clubs per non - resident member present) hotels (,per bed space) i.otels with bath, toilet and kitchen Drive -in theaters (per car space) iovie theaters (per auditoriwa seat) Airports (per passenger) wastes Self - service laundries (gallons per wash, i.e. per customer) Cores per toilet room) Service stations (per vehicle served) D. Estimates of Leaching Area 15 15 20 25 75 to 100 1.50 to 250+ 75 to 125 15 to 35 5 10 10 100 to 150 100, 25 40 50 5 5 3to5 400 10 The following table is intended for use in con- junction with information given in the State Health Department publication +rA Guide to the Disposal of household Sewage." Enough percola- tion tests should be made in separate holes to assure that the results are valid. Percolation Rate Maxiruzm rate of sewage application (tine in minutes for (gallons per square foot per day) "' .rater to fall one inch) for standard trenches * 1 or less _________ _ _ __ 5.0 2 _______________ _ __ ___ 3.5 3 --- --------------- 2. I - --------------------- 2.5 5 ___ __ _____r________ 2.2 10 ------- ------------ 1.6 15 ------- 1.3 30 - __-- __..__ ----- 0.9 60** --- --- -- ---------- 0.6 Not iixcludin; effluent fro;:i septic tanks that receive waste from ga grinders and automatic washing i:.achinc;:; ,.;sorption. area is fi cared as trench - bottom: area. <>;* Over 60 unsuitable for leaching systems Si C11OlT VTT. FI_:AL APPROVAL FOR GRA14TIiIG OIL SEPTIC LMLLNSl 'o licence shall be ;_;ranted for septic systems until applicant ha- satisfied all of the Licensing Authorityts requiroi;ients, - received final approval and made payment for all nece:,:;ary fees. S CTIO11 VIII. Ki' S A11D 1; T OD OI'' PA iisNT All fees shall be decided upon :)y the Coiraiissionerst Court of Tarrant County. Coixiiissionerst Court shall also decide upon the method of payment. .:JXTION Ii>. TIIIM - j OF LICBN: )B'u FOR I0W PRIVATE 80WAGE PACILITI 6 A. Any license issued under the authority of this Order Trill be transferred to a succeedin, owner and such license will continue ii existence for the unexpired teri.i of tlxe licenso provided the nmw owner applies to the Liconsin ilutliority, and provided there is no :3iomi.zicant change in aiiount or quality of waste to � placed in the private sewage facility. Application forms for licon3cs may oe obtained from the offices of the Licensing Authority or title companies licensed to conduct business in Tarrant County. In order to initiate an application for a license, the com application for.i, together with the appropriate fee shall be filed with the Li censin Autr_ot ity. C. The Licensing ''authority shall require such tests and inspections as outlined in this Order and any other tests and inspections as the Licensing Authority deans necessary before license shall be ; ;ranted. D. Upon a .findin , by tale Licensing; Authority that the continued use of the private sewage facility will not cause pollution or injury to the public health, a license effective for a term of five (5) years will be issued. .any license issued under the above terns may be renewed for successive terms of five (5) years if the Licensin„ Authority determines that continued use of the private facility is not in conflict with the terms and regulations of this Order. F. Upon a finding by the Licensin?; Authority that the private sewage facility will not be licensed, the applicant Shall be notified in smiting within 30 days of that findinzg and of the faults which pre- vent licensing. Were tecoi : :ing effective, approved permits must be signed and approved by the Licensing Authority. SSC`1'ION X. APPi OVAL OF 3U iDIVr'TOiv PLA113 FOR PRIVATE SEWAGE FAOILITI_.S A. Any developer, builder, or agent d a subdivision using private sewage obtain approval from the Licensing plan for sewage disposal. lie must lowing requireaents: siring to create facilities must Authority of his fulfill the fol.- 1. A plat of the proposed subdivision must be filed with, approved by, and recorded by the Comuissioners' Court of Tarrant County. 2. An application for approval. of the subdivision sewage disposal plan and appropriate filing fee shall be submitted to the Licensing Authority. 3. The developer, :wilder or agent shall inform each prospective buyer: a. That the subdivision is subject to all of the terms and conditions of this Order; b. That a license will be required for any private sewage facility constructed in the subdivision; and C. That a sewage disposal plan has been filed for the subdivision and that the areas suitable for private sewage facilities have been defined. 4. If investigation pursuant to this section re- veals that a lot is not suitable for use of private sewage facilities, the prospective buyer shall be so notified. B. The Licensing Authority will require the developer to perform necessary tests and inspections to deter- mine whether the subdivision meets proper specifi- cations for private sewage facilities as enumerated in Sections V & VI of this Order. By agreement tween the Licensing Authority and the developer, all or part of the tests may be performed by an engineering firm or soils testing laboratory approved by the Licensing Authority. The Licensing Authority will notify the developer of the findings of its examination and will point out any deficiencies in the plan for sewage disposal. Specifically, the Licensing Authority will notify the developer of any areas not suitable for the use of private sewage facilities. Approval of a subdivision plan for sewage disposal does not constitute a license for a specific private sewage facility. An approved plan.is, however, a prerequisite for obtaining a private sewage facility licence in a subdivision. l�':'hfl SSCTIOH XI. R IGISTRATION RZOUIRZii; ;NTS FOR EXISTING PRIVATE SEWAGE FACILITIES A. The times, dates, and methods of said registration shall be determined by the department within one year of the commencement of said registration as determined by the Licensing; Authority. There shall be no registration fee for those facilities regis- tered during this initial one -year period. B. The Licensing Authority shall record and issue a certificate of registration to each person upon completion of a registration application. C. If the Licensing Authority determines that the registration application is not complete, it shall notify the applicant in writing of the application's faults within 30 days of receipt. D. :succeeding owncr:s may continue a registration by applying to the Licensing; Authority subject to the requirement contained in Section Ili. She reistration requirements contained in this Order shall not be considered to alter in any way the intent of the legislature as expressed in Article 4477 -1 MT.C.s.). F. The undeveloped portions of existing subdivisions are subject to the licensing requirements contained in Sections IK and X. G. Any license issued under this Order shall automati- cally be terr,.inated if the facilities are changed in design, if the loading on the facility is signi- ficantly increased from that existing at the date of issuance of the license, or if the property served by the subdivision is subdivided or re- subdivided. U;C'' IOi XIIL. COMoUbt R PROLMIOII AND PLITAL`i'Ie FOR iIS- 1 PI�U fSTA ION tAWD CONSUI FRAUD ' A. my developer, guilder, or agent desiring; to create a subdivision or sell lots or tracts therein shall inform each ;prospective buyer- 1 That the su::divilsion is subject to all of the terms and conditions of this Order; 2. That a license will be required. for any private sewage facility constructed in the subdivision; and 3. That a ;enrage disposal plan has been filed for the subdivision and that the areas suitable for private sewage facilities have been defined. >. If investigation pursuant to this section reveals that a lot is not suitable for use of private sewage facilities, the prospective buyer shall be so notified. C. Penalti.ee, and enforcement for tion shall be consistent with tc Cmia;ierce Code, Deceptive '1'r, sumer Protection Act, Acts of the Texas Legislature, 1973. violation of this see - Chapter 17, business ide Practices - Con- the 63rd Session of D. Any nerchant en in the business of installing private 3owa e facilities who knowingly installs such systems in violation of the terms of this regulation shall be liable to the terms of Section XV & sui)- section C of Section XII. JEC110 11 :'.III. OI GANIZ "D DI �YOSitL JyS` r,'1iS R. Vo person i. be (,ranted a license Nino proposes to construct a .private sewage facility, any part of vrhich i4 wit lin 300 feet of itorizoiltal distance to an or-auized dispooal s sterl. The Licen�.in .''luthority shall cancel license.3 and registration of .)rivat( sewa c facilities whenever all orga:lized dioposal system? s collection lines are cyt -onded o :•ritain 300 horizontal feet of any part of a private sev.a.e facility- and such a private acwa,ge facility shall be connected as soon as pos- Able to the organized disposal. system, A. person desirins an exception to any requirement Of thi, order `Shall file a written statement with the Licensi.l; Authority .Mating: 1. the nature of Gile exception 2, the reason the exception should be granted T he Licensing Au and reply to the thirty (30) days request. tho shall review the request applicant in writing within either Sranting or denying the v. If 'LI ; requeLA is denied, ti1E l icensing /,UtflOrity shall incl ;;ode in its reply the reasons for denial. Si C _ I :C'T. ::;i1r O ?iC"i is;! i' OF `i`riIS O ZDli2 a.ffienever it appears that a violation or threat of violation of any provision of this regulation has occurred, the Commis,_ionerst Court may institute a uit in a District Court throu h its ovm attorney for injunctive relief or civil penalties or both, as authorized in Section 21.254 of the Texas ','ater Code, a „ainst the person or persons who committed or is threatening to commit the violation. In a suit brought by the Commissionerst Court under section 21.254. of the Texas dater Code, the 'Texas hater Quality Doard is a necessary= and indisponsible party. In no care will road ifaintenanee all nriva`' ~ sewa f::ee t the r i,ni::='. authority. subdivision plat approval or county oe accepted or alloyed unless and until ;;e facilities within the development standards as outlined by the Licensing .J ii Y'? CJPt r �V • ily A L:, A person a.ggrieved by an action of the Licensing 'authority ..lade nursuani, to this Order is entitled to appeal * ,00 the Co; :a :14i:5sionerlc Court if the fol- loiginM tar: �3 is conditionu are met: A, All of the appropriate steps required of the a; ;_grieved person by the term: and conditions of this Order have been ;aet. The a . a , ,_ � ioved )erson har, made a conscientious . , ,. effort tc - rose ve hi<; problem with the Licensing l.A Mlle ��. lid C. T_f thz: a-;grieved person does not resolve his pro - blam after appeal to the Cm Court, he i:_a; , after exhausting all other alternatives, appeal to the :,xecutivc Director of the Bloard. If any nroviAon of the Order, or the application thereof, zo any person or circumstance is held invalid, ouch invalidity shall not affect other provisions or applicatiojL of the Order which can be given effect without the invalid provision or application, and to thi -, end tnc :)rovisionzi of this Order are declared to ;)e .3evera* - :le. L`11Q:: :i Cllr. i�Fi ;-vTM5 DA;' This order ;Wall be in full force and effect from and after its passage, approval by the Texas Water Quality !:,odrd and recording and puolication as provided by law.