TEXAS WATER QUALITY BOARD P. 0. BOX 13246, CAPITOL STATION AUSTIN, TEXAS 78711 AN ORDER of the Texas Water Quality Board establishing a Restricted Area and a Water Quality Zone adjacent to the Guadalupe River in Kerr County, Texas; setting forth regulations for control of private sewage dis- posal systems within these areas; and designating the Upper Guadalupe River Authority of Texas as the agent of the Board to perform administrative functions related to the regulations set forth herein. PREAMBLE At the present time, the water in the Guadalupe River in Kerr County is of a good quality and is highly valued for re- creational use and for its aesthetically attractive condition. Therefore, the water quality in the Guadalupe River must be maintained equal to, or in excess of, the quality standards as adopte3 by the Texas Water Quality Board. Among the potential sources of pollution which must be controlled in order to maintain a good quality of water is sewage from subdivisions and individual dwellings in the area of the Guadalupe River. Sewage discharged into organized dis- posal systems is regulated through the waste permit system of the Board; therefore, this order is concerned with control of sewage not discharged into organized disposal systems. Sewage not discharged into organized disposal systems is of special concern because some of the areas near the Guadalupe River in Kerr County are subject to flooding, and some areas near the Guadalupe River are expected to rapidly increase in population density in areas where soil conditions are not fully conducive to the use of private sewage facilities. Now, therefore, BE IT ORDERED BY THE TEXAS WATER QUALITY BOARD; I. Definitions A. "Authority" means the Upper Guadalupe River Authority of Texas. B. "Board" means the Texas Water Quality Board. C. "Executive Director" means the Executive Director oŁ the Texas Water Quality Board. Filed Daq 7f~~.,G X Cler ~ ~~~ 8y -1- D. "Guadalupe River" means that portion of the Guadalupe River and its tributaries which lie within Kerr County, Texas. E. "Organized disposal system" means any public system for the collection, treatment, and dis- posal of sewage operated in accordance with the terms and conditions of a permit from the Texas Water Quality Board. F. "Private sewage facilities" means septic tanks and all other facilities, systems, and methods used for the disposal of sewage other than dis- posal systems operated under a permit issued by the Board. G. "Sewage" means waterborne human or other domestic waste. x. "Subdivision" means a) 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 b) any ten (10) or more adjoining lots or tracts, each of which is less than one- half (1/2) acre in size. I. "Septic tank system" means a system for disposing of sewage through soil absorption and consisting of the following components: the house sewer, the septic tank, the soil absorption field. J. "Soil absorption field" is that part of a septic tank system consisting of drainage tiles and surrounding permeable soil used for the subsur- face disposal of septic tank effluent. ' --= ^~~~ Ared II• Restricted Area -~~ The Restricted Area is desi 444 within Kerr Count gnated as all of that area y which lies within the natural flood plain of the Guadalupe River and its normally flowing tributaries as determined from the 100 year historical flood, such area, however, shall not be less than seventy-five (75) feet on each side of the normal banks of the flowing streams. -2- III. Water Quality Zone The Water Quality Zone is designated as that area immediately adjacent and contiguous to the Restricted Area and which is 1,000 feet from and parallel to the outer contour of the Restricted Area measured horizontally away from the river. IV. Regulated Area The Regulated Area is that area for which this Order applies. This area is defined as all the area within the Restricted Area and Water Quality Zone. V. Sewerage Facilities A. Restricted Area. Effective the date of this Board Order, no part of any soil absorption field may be constructed within the Restricted Area. Septic tanks, parts of septic tank systems, holding tanks, holding tank systems, the or concrete sanitary systems, sewer man- holes, or other sewerage facilities that are constructed in such a way that interchange of sewage with river water might be possible may not be located within the Restricted Area after the effective date of this Order. B. Water Quality Zone. Effective the date of this Board Order, no sewerage facilities of any kind may be constructed within the Water Quality Zone except those of organized disposal systems authorized by valid permits issued by the Texas Water 4uality Board and septic tanks or other approved systems licensed in accordance with this Order. VI. Discharge of Sewage All sewage disposal within the Regulated Area shall be in accordance with one of the following types of authorization: A. Sewage discharged into an organized waste dis- posal system or other facility operating under a valid permit issued by the Board; B. Sewage discharged into a private sewage facility licensed in accordance with the regulations con- tained in this Order; or, sewage discharged into an alternate type of private sewage facility approved by the Texas Department of Health Resources and licensed by the Authority; or -3- C. Sewage discharged into a private sewage facility existing at the effective date of this Order which is registered with the Authority and not causing pollution or injury to public health. VII. Licensing and Registration Functions A. The Upper Guadalupe River Authority of Texas is designated by the Board to perform all of the licensing and registration functions of this Order. 1. The Authority shall have the following powers: a. To make reasonable inspections of all private sewage facilities located or to be located within the area covered by this Order. b. To collect all fees approved by the Board necessary to recover. all the costs in- curred in meeting the requirements of this Order. 2. The Authority shall have the following respon- sibilities: a. To make annual reports to the Board on all actions taken concerning the Board. b. To perform all the duties necessary to meet the requirements of this Order. B. Upon showing of necessity, the Board may assume all of the powers and responsibilities delegated to the Authority by this Order. VIII. Licensing Requirements for New Private Sewage Facilities A. New private sewage facilities, or existing private sewage facilities which are substantially or materially altered, to be located within the boundaries of the Regulated Area, or within a subdivision in the Regulated Area, must meet the following requirements: 1. A license must be obtained for the use of these facilities from the Authority; and 2. The lot or tract in question must be large enough, considering soil and drainage con- ditions and anticipated waste loading, to permit the use of a private sewage facility without causing water pollution, nuisance con- ditions, or endangerment to public health. -4- B. All private sewage facilities to be installed or constructed after the effective date of this Order must meet the minimum standards as stated in the latest edition of A Guide to the Disposal of Household Sewage published by the Texas Department of Health Resources which is available from the Upper Guadalupe River Authority. C. A new subdivision to be developed with the Regulated Area after the effective date of this Order which utilizes private sewage facilities must meet the following requirements: 1. A license must be obtained from the Authority for each private sewage facility. 2. The lot or tract in the subdivision must be at least one-half (1/2) acre in size except that in the case of subdivisions which have been platted and filed of record in the Plat or Deed Records of Kerr County, Texas, prior to the effective date of this Order may be granted an exception under the terms and conditions of Section XII of this order. and provided there is no significant change in amount or quality of waste to be placed in the private sewage facility. The Authority will charge a transfer fee whenever a license is transferred to a succeeding owner. 2. Application forms for licenses may be obtained from the Authority or from the office of the Authority. In order to initiate an applica- tion for a license, the completed application form, together with the appropriate fee, shall be filed with the Authority. 3. The Authority will perform as soon as practi- cable such inspections and tests as may be deemed necessary. 4. Upon a finding by the Authority that use of the private sewage facility will not cause pollution or injury to the public health and is not in conflict with the terms and regu- lations of this Order: -5- a. A license effective for a term of five (5) years will be issued. At the end of five (5) years, the system will be reinspected and an inspection fee assessed. b. A new license issued under the above terms may be renewed for successive terms of five (5) years. 5. Upon a finding by the Authority that the pri- vate sewage facility will not be licensed, the applicant shall be notified in writing of that finding and of the faults which pre- vent licensing. IX. Approval of Subdivision Plans for Private Sewage Facilities A. Any developer or other interested person desiring to create a subdivision using private sewage facilities must obtain approval from the Authority of his or her plans for sewage disposal. The party must fulfill the following requirements: 1. An application for approval of the subdivi- sion sewage disposal plan and appropriate filing fee shall be submitted to the Authority. 2. The developer 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. c. That a sewage disposal plan has been filed for the subdivision and that the areas suitable for private sewage facilities have been defined. 3. 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. -6- B. The Authority will perform necessar;,~ rests and in- spections to determine whether the subdivision can be served with private sewage facilities. By agree- ment between the Authority and the .developer, all or part of the tests may be performed by an engineering firm or soils testing laboratory approved by the Authority or of recognized ability. The Authority will notify the developer of the findings of its examination anti will voint out any deficiencies in the plan for sewage disposal. Specifically, the Authority will nut`_ '.'~r_ developer of any areas not suitable fur the use of private sewage facilities and whether the proposed development density is cons_is+cs;' ,.: :. ~::he use of private sewage facilities. Apprava~ of a sub- division plan for sewage disposal does r,ot con- stitute a license for a specific ,private sewage facility. An approved plan is, howe•~c~r, a pre- requisite for obtaining a private sewage lacility license in a subdivision. X. Registration Requirements for Pxisting f?ri~a`e Sewage Facilities in the Regulated Area A. Every private sewage facility existing within the Regulated Area on the effective darn of this Order will be exempt from the licensing provisions of this Order provided: 1. The facility is registered with the Authority within one (1) year from the date' of this order. 2. The system is not mal._`~_u~~ctionia. soon as practicable such inspections and tests as may be deemed necessary. C. A registration will be effective for a term of five (5) years. At the end of five (5) years, the system will be reinspected and an inspection fee assessed. D. A registration issued under the autrority of this Order will be transferred to a succeeding owner provided the new owner applies to the Authority and pays the appropriate transfer fee. E. A new registration under the al,ovc terms may be renewed for successive tE:r,:rs n: fi:~ ,-ars. -7- XI. Connection of Private Sewage Facility to Organized Waste Collection, Treatment and Disposal Systems In order to implement the stated policy of the legis- lature and the Board that the development and use of organized waste collection, treatment, and/or disposal systems should be encouraged to meet the needs of the citizens of the State and to prevent pollution and maintain and enhance the quality of the water in the State, the Board makes the following requirements: A. No license shall be issued for any private sewage facility when any part of the facility is closer than 300 feet in horizontal distance to an organized waste collection, treatment and disposal system; rather, the facility shall be connected to the organized system whenever legally possible. B. Whenever an organized waste collection, treatment and disposal system is developed to within 300 feet in horizontal distance from any part of a private sewage facility, licensed or not, that facility shall be connected to the organized system whenever legally possible. xII. Terms and Conditions for Granting of Exceptions The Board intends that the regulations contained in the Order be enforced but realizes that certain in- dividual situations may require the granting of an exception to the requirements contained in the Order so that hardships may be avoided. Therefore, the following terms and conditions are established: A. Any person desiring an exception shall file an application with the Authority for its analysis of the specific nature of the situation. B. The Authority shall review the application and issue a statement either granting or denying the application. When an application is denied, the statement shall set out the reasons for the Authority's decision and may also set out what corrective measures, if any, could be undertaken to achieve licensure. -8- XIII. Terms and Conditions for Appeal to the Executive Director and the Board Any person aggrieved by an action or decision of the Authority may appeal to the Executive Director and then to the Board if the following terms and condi- tions are met: A. All of the appropriate steps required of the aggrieved person by the terms and conditions of this Order have been met. B. The aggrieved person has made a conscientious effort to resolve his problem with the Authority. XIV. Effective Date This Order shall become effective upon the execution by the Authority and the Board of a cooperative agree- ment pursuant to Chapter 21.355 of the Texas Water Code providing for the performance by the Authority of the water quality management and inspection functions delegated to the Authority under this Order. XV. License Fees License fees, inspection fees, transfer fees and re- newal fees will be in accordance with a fee schedule established by the Authority and approved by the Texas Water Quality Board and attached to this Order. These fees shall be paid to and collected by the Authority so long as the Authority remains the delegatee of the Texas Water Quality Board for the purposes and functions specified in this Order. The establishment of this fee schecule does not impair or prohibit the imposi- tion of reasonable charges by the Authority for special services performed by the Authority at the request of the applicant in connection with presentation of an application and collection of required data. Per- colation tests and other examinations will be performed by the Authority on a cost basis. These tests may also be performed by a registered Engineer or Sanitarian. -9- XVI. Enforcement of this Order A. Criminal Penalty (Section 21.5531), Texas Water Code 1. A person who violates any provision of this Order is guilty of a misdemeanor and on con- viction is punishable by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00). Each day that a violation occurs constitutes a separate offense. 2. Jurisdiction for prosecution of a suit under this section is in the Justice of Peace Courts. 3. Venue for prosecution of a suit under this section is in the Justice of Peace precinct in which the violation is alleged to have occurred. B. Civil Penalty A person who violates any provision of this Order is subject to a civil penalty for each act of violation and for each day of violation, to be recovered as provided in Chapter 21 of the Texas Water Code. XVII. Saving Clause If any provision of this Order or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Order and of the appli- cation of such provision to other persons and circum- stances shall not be affected thereby. Passed and approved this day of 1976. TEXAS V7ATER QUALITY BOARD ATTEST: J. Douglass Toole, Chairman Hugh C. Yantis, Jr., Executive Director -10- FEE SCHEDULE APPLICATION FOR LICENSE INCLUDING INSPECTIONS $35.00 PERCOLATION TEST $50.00 PERCOLATION TEST WITH HOLES PROVIDED BY OWNER $20.00 SUBDIVISION APPLICATION $75.00 LICENSE AND REGISTRATION RENEWAL $15.00 TRANSFER $ 5.00 -11- ~, ~` ~ ~` ~. ~~ `ms`s