Water commission debates wastewater ordinance language on septic rules and industrial surcharges

Garden Ridge’s Water Commission spent the bulk of its July 21 meeting examining a revised wastewater ordinance that staff say clarifies authority and attaches an updated Cibolo Creek Municipal Authority (CCMA) industrial-waste order, but left commissioners divided on fees and septic-system language.

Chair (speaker 1) opened the ordinance discussion and asked city engineer Hank Crippen to summarize the changes. Crippen said the draft clarifies enforcement authority, tightens several definitions, adds guidance on septic requirements and attaches the CCMA industrial waste order rather than just referencing it. “So this is their permit fee structure,” Crippen said when describing the CCMA attachment.

Several commissioners flagged areas needing clarification. Dr. Carmichael (speaker 6) pressed staff to make clear that state septic requirements cannot be grandfathered by a local ordinance and asked for clearer definitions of terms such as COD and suspended solids. “I want to make sure that… there is no grandfathering once this ordinance is issued, that that's a state requirement,” Dr. Carmichael said, urging the commission to either bring CCMA/Cibolo definitions forward or add a cross-reference.

Commissioner Thomas (speaker 8) and others raised a separate concern about fees embedded in the draft. Thomas noted that Appendix B of the CCMA document includes a fee schedule and asked if Garden Ridge must explicitly carve those fees out if the CCMA document is incorporated by reference. Staff and commissioners debated whether surcharge and unit-cost constants in the ordinance (examples shown in the draft as numeric multipliers) should remain in the ordinance text or be moved into a separate rate-and-fees schedule.

Commissioners were particularly concerned that the draft’s formula might create duplicate surcharges for heavy industrial dischargers — one charged by CCMA through its individual permitting process and another charged by Garden Ridge. Staff described two paths: removing the formula and leaving pretreatment fees to CCMA, or retaining a variable-based formula in the ordinance but replacing numeric constants with variables and specifying that the city will set actual rates in a fee schedule. “If that's not the route we want to go, then they would go directly to CCMA and have their own separate agreement,” Crippen said.

On ancillary points, staff said equipment calibration and sampling standards are covered by federal rules cited in the draft (40 CFR §136) and that city secretary Marissa will correct formatting and capitalization issues noted in the redline. Commissioners also confirmed the ordinance requires properties within 300 feet of the sewer to connect when service is available.

Because questions about pass-through charges and interlocal agreements with Schertz and CCMA remain unresolved, the commission did not forward a recommendation to council. The chair directed staff to follow up with Schertz and CCMA and return a revised draft addressing the fee/definition issues at a future meeting.

Next steps: staff will clarify whether Garden Ridge intends to levy a local surcharge in addition to CCMA charges, replace numeric constants in the ordinance with variables (if chosen), and follow up with Schertz/CCMA before the commission makes a recommendation to city council.