/~~a ~ 1 Upper Guadalupe RiverAuthority _~~~~ 215 W. Water St ~, ~~, , P.O. Box 1278 Kerrville, Texas 78029-1278 ` ' 'y 512-896-5445 ?_'U Dct c Aber 1987 B. W. Bruns General Manager Dor^othy Pfeiffer' Chief Deputy Kerr County Courthouse Kerrville, Texas 78uc8 Dear Mrs. Pfeiffer: Re: Update -• Public Hearing Septic System Regulations -- County Flr_~od Plain Reg~_Ilat icon Rrnendments - c2 7ctc~ber 1987 - 1 :iii p. m. Public Hearing =County Private Sewage Facility Order The public hearing this Thr_rrsday should be well attended d~_te to lr~cal interest in the s~ab~ect rnatter• which has ari impact on o4lr' COUntyrS rna~or industry, real estate. We are holding this hear^ing to ailc~w public input on the C%~urity Pr^ivate Sewage Facility Drder' which needs to be r^evised so that it will be compatible with the l'exas Department ^f Health°s rrew Constrr_tction Standards which became effective i Jan~_tary 1.998. I have recommended only three significant amendments to the Texas Water Cr_rrnmissic~n Mndel Drder for counties. These recommended amendments were presented in an eari.ier Court meeting and I believe there was a consensus crf agreement regarding the pr'opc~sed anrendnler~ts. For the sake cif review they are: Lot Size Reguire.ents iSection 5_42> The nrirriin~.trn lc~t size after' 1 Sar~uary 19AA will be 1/c acr'e. Ii: is felt that for many restrictive ar^eas in Kerr County 11~ acre will not provide an adequate area for waste disposal, especially if evaporative type sys'terns are required. It is proposed that lots with sever'E_ site prc ~blerns and those which do not have :_: (25tiU square feet? sr_iita6le areas for waste disposa]. wi17. have to meet a mininnam lot sire of cme acre. Basing lot approval on the ability to safely dispc~sF• of waste- water will insure that prc~blerns of the past are not repeated in the future. Rls~~ added to this secti~~r~ are provisions for the sizing of Lots for instit~_tticn~~s, regulations fr_,r collective pr^ivate sewage facilities and the regr_tirement that septic =>ys~terns with difficult site conditions 6e designed by professionals ~-~~_Itsidea cif the Licensing Ruthority. County Septic Tank ar~d Flood Plain Order^ ~U October 1587 Page c License to Operate (Section 7_03_c_) There ar^e thr-ee options under consideratinri. The first two ar•e presented in the Texas Water Commission Model Order and the third, is o~_rr recommended version. {i) All licenses are iss~_ied for an indefinite period and transferable to succeeding c,wners. (ii) Licenses are issi_red for a tune period determined 6y the Co~_irt ar~d must he re-inspected and re-licensed periodically by the Licer~sir~g A~_ithor^ity. (iii) Licenses are iss~_ied ~_int i 1 revoked ~ ~r amended 6y the Licensin^ Autharit•~. The license ter-~rnin~.tes if: A) there is a change in ownership of the premises. bl there is a subdivision of the property served by the septic system. C) the property is i_ised for a different p~_tr^pose. D> the loading c.f the system is incr^eased. E) the system fails. F) an or^gani~ed disposal system is developed tc~ within 3i_~U feet of arty pc~rtic,n c.f the septic system. In order to insure that septic tank. systems are maintained, (ii> wc~~ald be an attr-active alternative. However, exper^ience by other Licensing A~_tthor^ities which have tried tc. enforce the re-licensing of all septic systems on a 3 tc~ 4 year^ basis has beers futile. The Lower' G~lorado River Authority tried it, was uns~_iccessfi_il and drr~pped the provision ire favor r_~f (iii) which does provide reasonable ass~ar^ance that septic systems will be r^e- licerised and rnair~tained where property sells, is subdivided, ~~r• has its use modified or- overloaded. If (ii) is favr~red by the Co~_rrt, additional field and secretarial staff wc~~_rld be needed to administrate and enforce this provisiory ar~d it is do~.rbtf~_rl that the additional costs tc. the Co~_rnty c~~~.ild be offset 6y user fees. Co;_rnty Septic Tanl+. a rid Floc:d Plairi Order ~G October 1987 Pa_ye 3 Subdivisions tSect ion 8. 0~) Tire recommended amendment tr_. ------------ -------- ----- 8. Vi= is merely a more concise approach to obtaining the information required on a s;.rbdivision plat. Nc:thing new here. The mcst significant changes tr.c.r.-site wastewater systems after 1 January 1988 will be: 1) New lets will be 1/' - ore acre ir; size dependant up~~n available and sr_eitable area for• waste disoc:sal. 2) By the tune a realtor sells a 1?~t platted after 1 Jarn.rarv 19b8 the bi_rver will knew where His septic system a'nd water we:!i are to be placed, h~_w large, what type and probably how nn_rci~ hi=. sys+.~.=rn wi-il c~_:~>t. „} before septic systems will be permitted or. existing "grandfather lets" a th~~r:_~r_rgh invest,iga~L-ic:rr .'F soil and site conditions will be made to ins~_rre the in- stallatiori will nc~t result ir; public health pr•:~blerns~ nuisances} c:r• water pc:llutic~r~. 4) All h~~nres will have a tw~~ tank. system with the first tank. being approximately :'_/. larger than the secr_md. v) Septic system dr•air~field and absc:rp~tion bed sizes will be increased significantly (see enclosed cha~;^'t). 6i In many areas with r•estr•ictive sites ar;d high grc~;_mdwater tables the evapr_,trar~spiration system will be the only type c.f nn-site waste disposal system allowed. 7) Potential problems ca;_rsed by seasonal grc:;_rndwater and ledge rock will 6e identified at the prelimina'r•y plat phase. Public Hearing = Flood Plain Management Regulations Establishment of Development Permit Systems (Article 3i Section C) The addition cif a county wide flood plain development permit in N.err• Cc~~.rr~ty, has been recommended 6y State and Federal represerrtatives of F. E. M. A. (Federal F_rnergency Managemerrt Agency). County Septic Tank. and Flor_,d Plain Or^der^ ~V October 1987 Gage 4 Rt le~rst 5 time=s since I have been assn-~ciated with this program, individ~_rals have made an errcmeo~_is determinat ion that the pr^operty they wer^e 6~_rilding on was o~_rtside the 1VV year flood plain r_~nly to find out after the strr_rct~are was completed, or^ nearly so that their b~.rildi.ng site was within the l~rr"J year flood plain. The development permit system ins~_rres that every home b~_rilt in the County will be reviewed to determine its fl!~odplain status. The fallowing amendment to the Kerr Co~_rnty Reg~_rlati~_~r~s for Flood Plain Management is si:ronq_ly reconvnended. Rppr^opriate forts will be =_~~.rbrnit~ted fcn^ the Co~_v-ts r"'c_•Y;.r;w at a later date. ? am rcc:~~mrnern_ir~g a aiC.pp fee for ';he Develc~prnerit Per•r~tit. RRTICLE 3 - GENERAL PROVISIONS ------- - - ------- ---------- Section 3803 = Establishment of Deyelopraent Permit System R Developr~tent Permit System is her^eby established t.. er~sur•e c~~rnpliance with the pr•c~visions of this court order. This system will consist of a cr_~i_rnty-wide application review proced~_rre and the issuance c.f flood plain development permits only for those developments located within the special flr_~od hazard ar^eas. Developments located outside cif special flood hazard areas will be given a Certificate of Compliance stating that the pr•opc~sed developnter~t is riot located within a special fl~~od hazard area and that the construction standards contained iri this court r_~rder ar•e riot applicable tc~ the pr•r~pr_r y~ed development. Section 3_04 _ Compliance No structure or land in the unine~mpr~rated areas of Ker^r County shall hereafter be located, altered, nr have its use changed witho~_rt first submitting a Development Perrni+. Rpplicati~:ri Fr_~r•rn to the Flood Plain Adritiriis'tratc~r^. R count _y-wide applicatic~r~ system is a necessary and reasonable action to insure that all necessar^y pE=rmits fcr development within identified fl~~od hazard areas have been obtained. County Septic System and Flood Plain Order- 2t~ October 1987 Page v Add itior~al flood plain data may be generated which will inrpr-ove the accur-acy of flood plain boi.rndary ider~tifi- catior~. Since the Flood Plain Adnrirristratr_~r will corr- stanstly be away^e of map changes and add iti~~nal data, the final responsibility for determining whether- a pr-operty ~~r development is within an identified flood hazard area mr_rst rest with the Flood Plain Adrninistr-~.tor. Special Flo~~d Hazard So~.rrrdary Maps published by the Federal Emergency Managernerrt Rgency delineate only the ma~~ryr flood prone ar-eas with the car_rr~ty. With a county-wide review procedure, the Flood Plain Administrator may be able to make recornrneridatit~ns for constr^uction standards which will minimize or eliminate the possibility of damage from a localized drainage pr-oblem. Increase Structure Elevation Reguireme»t The Court has expressed a legitimate ccmcern that: 1) The county F. I. R. M. maps may not reflect an adequate rneasur-e of flood frequencies or base flood elevations when compared to the r-ecent history of flr_rc~dirrg in Kerr County. 2) The degree of protection provided by tyre present requirement to elevate structr_ires c~rre foot above the base flood elevation is riot enough. In con- siderati~~n of these concer^ns the following arnerrdrnent to the Flood Plain Managernerrt Regulations is recornrnended. Elevation req~_rirernents for residential construction, and marr~_rfact~.rred homes 6e amended to read "cr,nstructian and substantial impr-overnent shall have the lowest floor (including basement) elevated two feet above the base flood level." Stormwater Management = On Site Detention Mr. Jerry Menefee will make a pr^esentat ion on a proposed arnendrnent to prevent run-off from becoming a hazard t~~ surrounding already developed areas. Encl. Lane Wolters, R. S. Director, Environrner~tal HealtFr Services KERR COUNTY SEPTIC SYSTEM ORDER CURRENT Trench Fabsnrpt i_~n Hed Ey~potrarispiration E+ed Tank. Min. * Mart 40i_~ Sq. Ft. 833 Sq. Ft. 4C>U Sq. Ft. 1428 Sq. Ft. 1162 Sq. Ft, iS37 Sq. Ft. 75V Gallons 10f_x> (L comp.) Gal. NEW Trench Flbsc ~rpt i_ri Ped Eyapptrar~spir~tipn Eed Tank (all 2 c_mpartnrents) Mir.. ~- 4~~~ Sq. Ft. 75u Sq. Ft. 169~~ Sq. Ft. 75Q Gallons Maxis 16c76 Sq. Ft. GJ~_~V Sq. Ft. 2818 Sq. Ft. 1250 Gallon itMinirnum: 2 bedror_,rn house, best allowable per•colatiori. ~tMaximurn: 4 bedroom house, worst allowable percolation. Upper Guadalupe RiverAuthority ~~1~~' I ~~ 215 W. Water St. 1~~1~°'`'\V~ P.O. Box 1278 Kerrville, Texas 7802&1278 °' "°° 512-89G5445 KERR COUNTY COMMISSIONERS' COURT SUEtSECT: Rmendments t.. Texas Water Commission Model County Private Sewage Facility Order. Gentlemen: The encl~~sed documents r•epr•eser~t the two part structure of a County Septic Tank. Order. The first is a model Private Sewage Facility Order with arnendrnent procedures published by the Texas Water• Cornmissinn. The order is basically an administrative doc~_rrnent which is used in daily decision making regarding septic tanks, subdivisicros, and enforcerner~t. We are recontroending only three amendments to the model order which will have significant impact cm new development in Kerr County: 1. Lot size req~.rirements. 2. Licerisirig of septic systems. 3. A requir-entent for- detailed soil analysis iri s~_ibdivisir_~ns. The second part consists of the Texas Departrner,t of Health Constr,_,ction Standards which is the technical side of implementing a County Rrivate Sewage Facility Order. The new Standards wi12 have a significant impact on the size and type of septic systems installed. Sincere , ~-~ ~ 0 Lane Walters, R. S. Director, Water Quality R Envir•onrnental Health Services CHAPTER 5 LAWFUL DISCHARGES AND GENERAL RECUIREMENTS SECTION 5.02 REQUIREMENTS Pl. Nc~ person may cause, s~_rffer, al law, or permit the J constr^~_rct ion ar^ instal lat ion cif a private sewage facility or. a lot or tract that is smaller- than that required t.. meet the req~_iiremer~ts set firth in the Standards. Provided, however^, on Tats existing pricer to the effective of these Rules, a private sewage facility may be permitted to be constructed on a lot smaller than 15,000 sq~_rare feet, if it is demonstrated by a thorr_,ugh investigation that a pr^ivate sewage facility carp be operated without ca~_ising a threat or harm to an existing or proposed water s~_rpply system or^ to the public health, or• the threat of pollution ar ni_risance conditions. In calculating lot ar• tract sizes, easements, drainage ways, or right of ways adjacent or through s~_rch lots ar tracts shall be excluded. ('_) Private Sewage Facilities for lots in subdivisions shall be appr•r_~ved by the Licensing Authc,r^ity sub,7ect to the following pravisir_,ris: (i) The minimum lot size is 1/2 acre per living unit. (ii) There are two (c) areas of 2,500 square feet each, under^ 15"/. slope, available for use for a private sewage facility utilizing sr_~il abs~ ~r•pt ior~. The l~~cat iori of each 2, 500 sq. ft. area must be designated ors the preliminary plat. (iii) For 1 fried Evapo~trarispiration systems, a rniriirnurn lot size of one (1) acr^e shall be provided with no slope ar• area requirerner~ts. Alternatively, a lined evapotr•arispiratir_,n system may 6e utilized or. a ore-half (1/) acre lit provided there are two areas of 2,500 square feet each, under 15% slope, available fc~r use for a private sewage facility. The l~~cation of each 2,500 sq. ft. area roust be designated on the preliminary plat. (2) Collective Private Sewage Facilities shall be appr-r~ved by the Licensing Authority sub,7ect to the Follawirig pr•ovisior~s: (i> The gr-c~ss density of the subdivision shall oat exceed tw~~ dwelling units per acre. S~_ich gross der:sity shall be defined as the total r:urnber• of resider:~tial units divided by the tr_:tal acreage withir: the perirneter• of the subdivisior:. (ii) F~~r• each dwelling ur:it utilizing the collective system, at least 5, CrpO sq. ft. of land, of less than iv% sl:_:pe, shall be designated or: the plat as available for :ase for- the cr_,llective waste- water disposal system. Each designated area should contain a mininu_rm of S,OriO sq. ft. (~) G~llective Private Sewage facilities for residential pr^operties shall meet the following additir_~r:al requirements: (i) Collective private sewage facilities shall or:ly be approved for Condcrtair:i:_vn Regimes, Planned Unit Devel~=~prner:ts, nr arty other a:_rthor•ity legally auth~~rized tc~ assess and collect fees for• the c~oeratior: ar:d rnair:ter:ance cif the collective disposal system, and individ:_tal or• collective treatrm~nt units. The right of the A:athor•it~.• tc assess ar:d collect such fees shall b cLarly def aned ir: the Nomec~wners agreement car other legal doc:_iments iss:_red 6y such A:_tthor•ity tr_. the residents. (i i> Prr_~pr_~sed collective private sewage foci 1 it ies shall be located ~~:xtside the twer:ty-five year fl~~+od plair:g pr•r~vided that nr:e-half (1/27 r_:f the disposal area shall be located outside of the c~r:e h:_rr:dr•ed year flood plain. (4) Special Req:;irements for Institutions. A Registered Pr•r_~fessi:~nal Civil Er:gir:eer, or similarly qualified per•sor: approved by the Licer:sing Ruthority; or the Licerisirig Ruthority, at its discretion, shall design all private sewage facilities serving institr_rtions. Said designs shall be made in accordance with these Rules, incl~_rding the Standards. 5,000 square feet of 1~_~t area rn:_rst be available for each bedroom tc. be served where bedrooms are involved. Ir. r:on- residential s:_~bdivisions involving business, commercial, and indr_rstrial activities each four hundred (400) gallons per day of sewage for such instit:_rtior~s shall be eq:_rivaler:t to that of a single family unit. Lots shall be sized in accc~r•dance with the Standards except as described above. (5) Where difficult site conditions such as steep slopes, shallow ground water, and poor drainage exist, the Licensing Ruthority may sometimes require or• approve a design submitted by a Professi~}nal Engineer. CHAPTER 7 CONSTRUCTION AND OPERRTION REG!UIREMENTS SECTION 7. U3 LICENSE TO OPERATE c. Term of Licenses. ti) Private Single Dwellino Units. Upon the effective date of this subchapter^, valid licenses for private single dwelling +_rnit systems shall continue in effect, until revoked c. r' amended try the UGRA. Prior to any action on the proposed revocation or arneridment of the license, the licensee must be given an opport!~nity f~~r a hearing. This subsection does r~~~t apply for private single dwelling units where there is a change in ownership c,f the premises. In s~_rch cases, a system reinspect ion will be required ue:'ore a license can be issued to the new owner. (ii) Commercial and Mi_rltiple Unit Systerrrs. Licenses for comrnerciai and m+_+ltiple unit septic tanlt systems issued under this subchapter shall be effective for a term of five (v) years beginning the effective date of this subchapter. (iii) Rny license issued under this subchapter shall auto- matically ter^rninate if there is a subdivision of the pr~~per-ty served by the septic system, if the property is used fc~r- a purpose other^ than that described in the origir+al application, if the l~~~ading of the system is significantly incr^eased beyond that stated in the application, if the system fails, nr if are organized dispr_~sal system is devel~_~ped to within 3UU feet of any portior+ of the septic tank. system, if UGRA considers connection feasible. A r~ew ir+specti~~r~ must be made prior to the issuance of a new License. CHAPTER 8 SUPDIVISIONS PAGE -4E- 8.t72 APPLICATIGN Rn accurate plat of the subdivision that details the sire and intended use of each lc~t and that details roads and utility right of ways. This plat shall show a s,_rbsoil and groundwater profile of the entire s,.,bdivision consisting of care drillings to a depth cif 8 feet at the locatic,n of each septic system or, proposed lots or tracts, including ari analysis by professi~_nal engineer, geologist, or soil scientist. The analysis should include soil percc~latior~ potential, depth to bedrock, and depth to per^ched or seasonal groundwater- tables. This information must be presented tp the Licensing Authority when the plat is submitted for review. R statement of an adequate water supply source which will provide water far the proposed subdivision must also be furnished. The source can 6e an approved public water s~,,pply, or private water wells, if ari adequate potable aq,_,ifer is available. ,~ A G COMMUNITY ACTION GROUP INC. I3ox 124, Kerrville, Tx. 78029 ~~~~ C A G Inc. IleJpinK Conserve hill Country hiving. October 20, 1987 Judge Danny Edwards County Commissioners Court Kerr County Court House Kerrville, Texas 78028 Dear Judge Edwards: The C A G, Ino. wishes to present the f-ollowing four items to the Court's hearing on October 22, 1987 with regards to "The Adoption and Amendment of County Private Sewage Orders and Title 25 - EIealtlt Services, Part I, Texas Department of Health, Chapter 301 Wastewater Surveillance and Technology Construction Standards for Private Sewage Facilities." We redu~st that these statements and recommendations be made a ,part of the record. Before presenting the four specific items, we wish to re- state for the record, some factors relating to the soil, terrain and environment of Kerr County which are. believed to have a specific and direct impact on the objectives of the subject regulations; namely the abatement and prevention of pollution or injury to public health caused by, or that may be caused by, private sewage facilities. Competent authority in Kerr County has stated that engineering studies of soil in Kerr,County have shown that. less than 10% of the soil of Kerr County is of suitable quality for proper operation of septic systems which discharge the effluent into the surrounding soil.. Another facL-or is the high variation in subsoil structure ranging from cali~-:he to limestone. A third item is the rainfall pattern which, in combination with the subsoil condition, makes for high variations in ground water from arid to marshy. ITEM I. Recommended Amendment to Chapter 5, Lawful Discharge and General Requirements. We believe the reconunended amendment as described in 5.,02 g. (1) .is a necessary and badly needed provision. The provision is a major step in fully informing the home buyer or builder that the property will be suitable for sewage disposal without causing problems~~later, and that there are rio surprises later for the home owner. We commend UGRA for - 1 - Avolunteer Civic organization working for the betterment of the Kerrville South Area V A COMMUNITIT ACTION GROUP INC. G Box 124, Kerrville, Tx. 780'29 .~"`~ ~-~ f w~~ C A G Inc. Helping Conserve hill Country Living. ,,>~- this recommendation and we urge the Court to adopt this recommended amendment, provided that paragraph 5.02 g be , modified as described in item below. ITEM 2._ "Lots- existing prior_ to the effective date of these Rules."' Many lots in subdivisions existing prior to these ruses and upon which residences Ytave not been built are located in large drainage areas. 47e believe that a separate and special amendment should be written and contain specific provisions which would assure that pollution would not occur and that the natural periodic flow of water would not cause a problem. There .are as many as 100 lots in Kerrville South subdivisions that are situated either in the drainage areas or immediately adjacent to a major drainage area. ITEM 3. Section 301.15 On-site Sewage System Maintenance and Water conservation. Maintenance of individual septic systems has not been addressed in L-he reconunended amendments. We believe that a specific amendment should be provided which would require that periodic maintenance be performed by the owners and at owner's ,expense. Specifically we recommen3 that 301.15 (c ), thru (j) be amended so that- they may apply to existing septic systems in subdivisions. There are known and documented problems which exist where black water and solids Have surfaced. We believe some, if not all, have been caused by inadequate septic systems. We have discussed this reccommen- dation with UGRA but they have declined to recommend any amendment. Paragraph (e) limits structure and driveway from being built over the sewage sysL-em; however .it has been the practice o.E some subdivisions to cover their yards (and the d.ra7~n field) with 6 mi]. black poly plastic and then cover the plastic with 3-4 inches of gravel. We believe this practice should. be prohibited. - 2 - A volunteer Civic organization working for the betterment of the Kerrville South Area JJ f~~. ~ ;~ V A COMMUNITY ACTION GROUP INC. G Box 1`L4, Kerrville, Tx. 78029 ~.~~-e...r:z C A U Inc. Helping Conserve Hill Country Living. ITEM. 4. Report of the C A G, Inc. waste water Advisory Comnitt(3) be performed at the time of subdivision platting and that a specific on-site wastewater disposal system be engineered and approved by appropriate authority for each lot in the subdivision prior to platt approval. The sewage disposal plan required by 301.11(C)(3) be submitted at the time of plat approval. 2. That further subdivision approval be put on hold for a period of 180 days, or until new county septic regulations are issued. 3. That a specific provision be made for septic system maintenance and upkeep with licensing of each system, subject to a four year renewal. 4. That a provision be added which would prohibit the placing of any obstructing material (such as plastic & gravel, concrete, etc.) which would reduce the rate of evaporation from the drain field and its surroundings. 5. That the deed restrictions for a subdivision be carefully written or rewritten sc as to conform to these wastewater disposal regulations. Of particular importance are the building setback distances from the road or street and the side line setbacks. The practice of using a fixed setback for the front of the house to the road encouraged the building of the septic system in the front yard when the lot slope is toward the street. This results in the failure to use the large back yard. Also cleaning and maintenance of septic systems should be an integral part of the deed restrictions. 6. That the grandfather clause in 301.1(4)(D) is too broad and general. Provisions should be made for specific review and approval by local authority with a public hearing and comment from residents of the surrounding area. NOTE: CAG will be pleased to submit specific regulator language and work with representatives of UGRA. 3 Community Action P. 0. Box 124 Kerrville, Texas. October 19, 1987 Kerr County Commissioners Court: Gentlemen: ~` Group Incorporated 78029 Enclosed are recommendations from the Community Action Group Incorporated Wastewater Advisory Committee., proposed to the Licensing Authorities Amendments- to the Private Sewage Facility Order. Principal issues involved are t~~e reco::,~,ended ~,merd:rients to Texas Register Title 25 Health Services Chapter 301; and the Texas Water CommZission adopted Amendments of County Private Sewage Facility Orders, Section 26.032, Texas Water Code. The following exerpts--are recommendations to the U.G.R.A. proposed amendments, Requirements: Section 5.02 g; line 6 insert date after effective. line 13: insert utilities before easements. Section 5.0~ g (j)ti); for Condominium Regimes etc. individual sewage facilities should not be permitted if the Condominium Regime is under the same roof. Section 5..02 g (3) (ii ); line 3, that all of the dispos- al area shall be located outside of the (100) one hundred year flood plain. Section-5.20 g (5); line 3, after Licensing Authority add: for unusual site conditions, a professional engineered system shall be mandatory and submitted for approval.. Iri - House design should not be done by U.G. R.A.; in order to avoid additional costs to the County and tn. avoid a (potential) conflict of interest. Texas Register Volume 12, Number 52, July 10, 1987. Page 13, Section 301.13 (c)(3) (C ); component "B" in the formulae, ie: number of bedrooms invites fudging on large homes. We recommend a square footage and occupancy as well for criteria. U.G«R.A. says they will apply (judgement) based on number of occupants. should a"judgement"call" be exercized in preference to established criteria? Page 15, Section 301.13 (c){4') {B) (ii) (C.); sriould be same as page 13 above, Page 20, Table IV U.G.R.A, will add another probable solution viz: a sized holding tank: .( between graph frames)" Lot Size To Small For Beds" and "Lot To Small" add before:"Purchase Additional Propbrty Fmr Beds", Area may be Land Locked. Comment: depending on size of family in dwelling it is possible the "holding" tank will need to be pumped out on a weekly basis. Idot practical and very ernensive . Texas Water Commissio:: i'exas Water Code: Page 9, Sec ti or. 26,032 Control by Counties: provides for the Counties authority to enforce the reggulations. Page 11, Section X6.1-24; Enforcement by others, also applies to power oP authority. Page 11 Section 26.214• Covers penalties for violations. ~omments: After ~he Tune 10, 19S'7 Commissioners Texas Water Commission - Court meeting when U.G.R.A.. presented the proposed sewerage study to the Court; Lane Wolters. was approached by mess'rs R. Hayes, L. Smith, and R. Bien and asked " does U.G.R.A. have the authority to enforce the wastewater regulations" ? His reply was N0, He was asked the same quest- ion at our October 14, 198 meeting he said yes, While confronted with his earl- ier reply he said quote:"I should not have said that". U.,G.R.A.. does have the enforcement authority as the Licensing Authority for the County, Model Order Chapter 1 Definitions: Page a8 Term "Nuisance", and Page 29 Term"Pollution" should include the word ODOR ; U.G..R_A. agrees. Page 37 Section 5.02 (g ); Lot or tract smaller should require a thorough investigations this should follow the Texas Register Section 301.13 page 10, Design Standards for Eff- luent Disposal Systems in its entirety. Question: Could a permit be denied or should a sized holding tank be ordered,., A comm- itment is needed from U.G.R. A.. ', Page 3~ Section 5«02 (~) Line 1; substitute the word " operation " for " maintenance". 3 Page 38 Section 6.01 (1) & (2) (2) 'vJhenever an organ- ized disposal system is developed within 300 feet in a horizontal distance (meas- uredon the closest practical route) from any part of a private sewage facility, that facility shall. be connected to the organized system unless one of the req- uirements set forthin Subsections (1) (A) or X1) (B) of this section has been. mBt. Comments: (Use the grandfather clause application). Enforcement should apply onl when an exist -ing i.~dividual system fails,"then maybe not". The new line may need to be laid through public or private easements or pri- vate property to tap into the organized system. We obiect to Sections (1) (A) & (B) and (2~: The stipulation is not practical, unreasonable and probably illegal. The burden should be placed upon the local governing entity to lay a.rcwer trunck line to the landowners property line for connect- ion of his private system. U.G.R.A. should amend chapter 6 for a viable regulation. General Comments: 1..The(~)one half acre lot size is arbitrary dust as the 15,000 square feet was origina- ly. It is likely that the area required for a private sewage facility will be inadequate due to terrain conditions, excluded easements, right of ways, drainage ways exclusions. See Section 5..02 (g ). Requirements: Emphasis must be placed on evaluation of features of a spec- ific lot, not merely one acre. 2,Wi11 the rules now be enforced ?. 3, The rules received herein will probably be revised by U..G«R.A... The Community Action Group Wastewater Advisory Committee would like to review and have the opportunity to comment on the new version submitted to the Commissioners Court for approval. 4. Only those problem septic systems where shall- ow surf ac e. pollution can be proven, can be corrected by means of the proposed new rules. Stream pollution may not be accurately trace- able or provable. Then a central collection. system is the only remedy othe Ethan require- ing holding tanks. 5. Topographic maps included with all plats that are submitted for approval would enhance the acceptability for Private Sewage Facilities. r 4 Chapter '7. 5. continued; See Section 5,02 requirements (g)(1). Section '7.03 License To Operate. G, Terms of License. (i) Lines 7 ~ 8, reinspection required with change of owner- ship. question: No rules are specified: 1. YJhat are the paremeters?. 2. 'ghat are the requirements. 3, FiOW Often willit be necessry to reiTis~ ect the septic syshtems. Maybe 5 years fro,: the d-3te of the original license ? 4, How will the reinspections be policed or monitored. Who will issue the reinspection notices. 5. How will the reinspection fees be set. There is no provision in the present budget for these services. Comments. During our October 14 meeting with Lane Wolters, he said License transfers from the existing owner to the new owner will be enforced by the Title Companies at sales contract closing time, No fees have been set for this service by U.G.H.A. oa by the Title Companies, or attorneys. These services also have not been included in the new budget - approved by the Commissioners Court. Will U.G.H.A have a free hand setting these fees, a frae rein without restictions ?. reference: Letter of July 24,198'7 from Lane Wolters To: Raymond Bien; Director: Titled under U.G.R.A. Environmental Health Services. Paragraph; Consulting Services: Item 3 Soil Percolation.Tests; are a service now provid- ed and budgeted by the Commissioners Court.. Deleted and rescinded by letter from Lane Wolters dated September 25, 198'7 and sent to local Engineering firms. Lines 1 and 2;"we will not be performing soil percolation test's after September 30, " This budget item has now been excluded from U.G.R.A.'s contract with the Commissioners - Court. Conclusion: This report is being submitted to your honor- able body in behalf of the concerned citizens of G.A.G. Inc, and Kerrville South. ~~-~-~ Respectfully: ~".~~~; ~. ~.~~~ Acting Chairman- C..A.G. Wastewater Advisory Committee. KERB MINTY PRIVATE SEWAGE FACILITY ORDER PUBLIC HEARING NOTICE The Commissioners Court of Kerr County will conduct a public hP~ri„g under the authority of the Texas Water Code, Section 26.032, to consider the adoption of a new Private Sewage Facility Order to prevent possible pollution or injury to public health. A copy of a proposed order is available for review at the office of ttie County Clerk, Kerr County Courthouse, Kerrville, The public hearing will be held before the Commissioners Court at: Date: Thursday, October 22, 1987 Time: 1:30 P.M. Plaoe: County Court Room, Kerr County Courthouse All interested persons are encouraged to participate in the public hearing. ~~,~~m ~~z~ ~_~~~ P YE IeA Conn ur1.~I~e~Le 'eu 6Y Y"" spy ~' 1 ~~ v KERB OJUNTY PRIVATE SEWAGE FACILITY ORDER PUBLIC HFARTNG NOTICE Zhe Calmissioners Court of Kerr County will conduct a public hearing under the authority of the Texas Water Code, Section 26.032, to consider the adoption of a new Frivate Sewage Facility Order to prevent possible pollution or injury to public health. A copy of a proposed order is available for review at the office of the County Clerk, Kerr County Courthouse, Kerrville, Texas. The public hearing will be held before the Coimlissioners Court at: Date: Zhursday, October 22, 1987 Time: 1:30 P.H1. Place: County Court Room, Kerr County Courthouse All interested persons are encouraged to participate in the public hearing. eA Coun aun.~(+arte 'eu_ 7`~~ ~, Y e~ 1 RULES OF KERR COUNTY, TEXAS, FOR PRIVATE SEWAGE FACILITIES I SECTION I. AUTHORITY, PURPOSE AND CONSTRUCTION OF RULES 'i, A. AUTHORITY These Rules are adopted by the C~¢nissioners' Court of Kerr County, Texas, acting in its capacity as the governing body of Kerr County. Authority of Kerr County to adopt these Rules is Section 26.032 of the Texas Water Code. B. PURPOSE The purpose of these Rules is to abate or ,prevent pollution or injury to the public health of Kerr County, Texas. C. CONSTRUCTION OF RULES These Rules are to be construed liberally to accomplish their purpose. In construing the Standards described in Section 11.D below, precatory words con- tained therein shall be deemed mandatory. In the event of any conflict between these Rules and an order, resolution or other rule adopted by the Texas Water Commission, then and in that event, the order, resolution or other rule adopted by the Texas Water Commission shall take precedence. In the event of any conflict between these Rules and the Standards, then and in that event, these Rules shall take precedence. D. As used in these Rules, the following words and phrases have the following meanings, unless context clearly demonstrates otherwise: 1. "Com¢nissioners' Court" means the Commissioners' Court of Kerr County, Texas. 2. "U.G.R.A."..means the Upper Guadalupe River Authority. 3. "Institution" means any establishment other than a single Family residence. 4. "Mobile Herne Park" means any facility or area developed for the lease or rental of two or more mobile home spaces. 5. "Organized Disposal System" means any publicly owned system for the collection, treatment and disposal of sewage, operated in accordance with the terms and conditions of a valid waste control permit issued by the Texas Water COIII[L1SS1on. 6. "Person" includes an individual, corporation, organization, estate, trust, partnership, association or entity. 7. "Private Sewage Facility" means any systems and methods used for the dis- posal of sewage, other than organized disposal systems operated under a valid waste discharge permit issued by the Texas Water Ccnunission, including, but not limited to, septic tarilcs, absorption beds, pits, privies, cesspools, sewage holding tanks, in- jection wells used to dispose of sewage, and those private sewage facilities owned by public entities. 8. "Sewage" means human and non-human waste from any activity, including, but not limited to, washing, bathing, and food preparation, and any waste fran activities, processes or services or non-residential establishments. 9. "Single Family Residence" means a single family dwelling or mobile hare. 10. "Standards" means the pamphelt "Construction Standards for Private Sewage Facilities" described in Section 11.D which is incorporated herein by reference. 11. "State" means the State of Texas. 12. "Substantial Modification" means the alteration of an existing private sewage facility so that the total volume of the facility is increased by 25~ or more. SECTION II. GENERAL PROVISIONS A. ADMINISTRATION BY THE UPPER GCIIIDALUPE RIVER AUTHORITY 1. The UGRA shall achcunister these rules. 2. The UGRA shall: a. Make appropriate recom~iu3ations to proper county authorities when instances of non-con~liance with these Rules has been determined. b. Make reasonable inspections of existing private sewage facilities when requested and inspect all new facilities prior to completion. All components of the facility shall be left uncovered until the inspection has been made. The ab- sorption trench or evapotranspiration beds array be partially backfilled, but all ends and other critical areas shall not be backfilled until the UGRA has determined that the construction c~nplies with these Rules, Standards or other special con- ditions specified on the permit. c. Collect all fees set by the Commissioners' Court to recover costs incurred in meeting the requirements of these Rules. d. Make semi-annual reports to the Commissioners' Court on all legal actions taken or pending concerning these Rules. e. Perform all other duties necessary to meet the requirements of these Rules. B. AREA COVERED BY RULES These Rules shall apply only to the unincorporated areas of Kerr County, Texas, including the Extraterritorial Jurisdiction (ETJ) of incorporated cities within the county. Platted subdivisions lying within the ETJ of an incorporated city are excluded from these Rules if that city has adopted a private sewage facility ordin- ante which governs such subdivisions. C. EXCLUSION OF RESIDENTIAL TRACTS OVER FIVE (5) ACRES These Rules, Regulations and Standards shall not apply to an individual's residence which is situated upon a tract o£ land of more than five (5) acres which is not in a subdivision, and upon which no other residence, business or industry is situated; and which has a private sewage disposal system that is 1o- sated more than 125 feet from the property's boundary lines and any springs or spring-fed and/or normally flowing streams, 100 feet £rom a private well and 150 feet fran a well serving a public water system. If, however, a signed canplaint is made against the system and the complaint is found to be valid, then all pro- visions of these Rules, Regualations and Standards must be crniplied with. D. INCORPORATION BY REE'ERENCE Pursuant to Article 4477-1, Section 23(b) of Vernon's Texas Civil Statutes Annotated, the Texas Board of Health, on November 30, 1977, adopted "Construction Standards for Private Sewage Facilities", which were issued by the Texas Depart- meet of Health on December 12, 1977, and published in the Texas Register, Volume 2, No. 99, pages 4978 through 4992 inclusive, dated December 23, 1977, and such "Construction Standards for Private Sewage Facilities" (a copy of which is attached hereto as Appendix I and referred to sanetimes herein as "Standards") and all future amenc~hnents thereto, are made a part hereof for all intents and purposes as though fully set forth herein word for word. The UGRA shall interpret and resolve any questions regarding interpretation of the Standards and all precatory words con- tained therein shall be deemed mandatory. SECTION III. LA6VFtTI. DISCHARGE OF SEWAGE After the effective date of these Rules, only the follaaing types of sewage discharges shall be lawful: 1. Sewage discharged into an organized disposal system. 2. Sewage discharged into a private sewage facility installed and main- tamed in accordance with these Rules, and used and operated in such a manner as to not constitute a nuisance as defined in Section XIII of these Rules, and which has not had a substantial increase in the sewage Elva rate over and above the flow rate specified or conteng~lated in the application for the last previous per- mit therefore. 3. Sewage dischan3ed into a private sewage facility existing and in use on the effective date of these Rules, which has not been substantially modified since the effective date of these Rules, and w~nich is used and operated in such a maruier as to not institute a nuisance as defined Section XIII of these Rules, and which has not had a substantial increase in the sewage flora rate since the effective date of these Rules. For the purposes of this provision, any private sewage facility which has been actually used any time during the twelve (12) month period imrediately preceding the effective date of the Rules, shall be conclusive- ly presumed to have been in use on the effective date of these Rules. 4. Residential Subdivisions It is to be noted that the public health oonaems regarding the install- anon of individual sewac~ disposal systems involve two main issues: (1) the desi~ of the system; and (2) residential dwelling density. It is stated regarding septic tank failures in the Texas Department of Health's Construction Standards for Private Sewage Facilities..."the single most im- portant factor conrerning public health problems resulting fran these failures is the residential dwelling density which is strictly a function of lot size..." Therefore, in accordanre with the Standards listed in the Health Department pub- lication, the following minimum building lot area per dwelling unit for individual sewage disposal systems is hereby established: (a) Single-family = 15,000 sq. ft. (b) Two-family = 11,250 sq. ft, or 22,500 sq. ft. for the twro emits. (c) Three-family = 10,000 sq. ft, or 30,000 sq. ft. for the three units. (d) Four-family = 9,375 sq. ft. or 37,500 sq. ft, for the four units. (e) Lot area requireirents for more than four dolling units shall be based upon the area needed for wastewater disposal. .The waste disposal area must be suitable for absorption systems, and have an equal to the following formula: Q x 2 , whe re AR Q =daily flow in gallons, AR =soil loading rate = .2 gal/sq.ft./day. Hvaever, in no case shall the minimum building lot area per dwelling unit be less than 7,500 sq, ft. per dolling unit in excess of the 37,500 sq. ft. requirement for the first four dwelling units. Exceptions: If a developer of a proposed subdivision presents to the Commissioners' Court an approved central waste disposal system, then said developer may apply for a greater residential density than that listed above, subject to the review of the UGRA and the approval of the Court. Any building lot to be served by an individual water system shall maintain a building lot area of not less than 20,000 sq. ft. per dolling unit. Nbbile have parks and travel trailer (RV) parks which rent or lease irobile how spares to transient residences, may increase the allowable density of dollings if an approved designated area for wastewater disposal is provided for each mobile home space or group of mobile home spaces. Q x 2 will be AR the formula used to determine the wastewater disposal area required. HcFaever, in no case shall the density exceed 7,500 sq. ft. of park area, (defined as lot area) per residence for single-wide units and 10,000 sq. ft. for double- wide units. Unless the Construction Standards for Private Sewage Facilities speo- ifically outlines definitive guidelines to the contrary, the UGRA has the authority to approve the design of individual sewage disposal systems with flexibility on a case-by-case basis where the developer or builder proposes certain innovative designs. The Commissioners' Court may then consider, in the subdivision approval process, certain greater residential densities based upon the UGRA approval of the innovative designs. A subsurface sewage disposal system may be installed on individual vaned lots of less than 15,000 sq. ft. in subdivisions platted prior to the effective date of the Rules, provided that it is demionstrated by a thorough subsurface soil investigation that the effluent treatment area will not contaminate any existing water supply system or create a nuisance; however, said lots shall meet the other design criteria of the Rules as delineated by the formula Q x 2, and other design requirements stipulated by the UGRA. For subdivisions AR which were platted prior to the effective date of the Rules, and have not sold or developed lots within the subdivision, a subsurface soil absorptive sewage disposal system will not be approved unless lots are more than 10,000 sq. ft. of surface area. 5. Commercial or Industrial Subdivisions Wastewater from mnyrercial operations may be discharged into a subsurface sewage disposal system provided the system is specifically designed for each operation and approved by the UGRA. The disposal of industrial wastes requires a permit from the Texas Water Commission. Each commercial activity will be required to dedicate a specific wastewater disposal area exclusive of any structures, roads, parking areas or other paved areas. The size of the disposal area will be determined using the formula Q x 2. Any subdivision proposing AR oomaercial or industrial develor~its shall have determined within the platting process the follvaing: (a) Type and location of the individual sewage disposal systems may be required to be written onto the plat as a restriction. (b) Types of comP>Oti~s> an L7 a1104'S leakaoe Or SD111 rg Of COntentS; (h) Any collecticn of water in which mosquitoes are breeding within the limits of any city, town or village; (1) The maintenance of any open surface privy or of any overflowing septic tank, the contents of either of which may be accessible to flies. ABATEMENT OF NUISANCES Sec. 3. (aj Every person, possessing any place in or on which there is a nuisance shall, as soon as its presence comes to his knowledge, proceed at once and continue to abate the said nuisance. (b) Every Local Health Officer who receives information and proof of the existence of a nuisance within his jurisdic- tion shall issue a written notice to any person responsi- ble for the said nuisance ordering the abatement of same. He shall at the same time send a copy of the said notice to the local city, county, or district attorney. Such notice shall specify the nature of the nuisance and shall designate a reasonable time within which such abatement shall be accomplished. In the event such notice is not complied with within the specified time, the local prosecuting attorney who received the copy of the origi- nal notice shall be so advised by the Local Health Officer,. and he shall immediately institute proceedings for the abatement thereof. GARBAGE AND REFUSE Sec. 4. (b) No kitchen waste, laundry waste, or sewage shall be allowed to accumulate, discharge or flow into any public place, gutter, street, or highway. DISPOSAL OF HUMAN EXCRETA Sec. 5. (a) All human excreta in populous areas must be disposed of through properly managed sewers, treatment tanks, chemi- cal toilets, approved privies, or by other methods approved by the Texas Department of Health. The disposal system shall be sufficient to prevent the pollution of surface soil, the contamination of any drinking water supply, the infection of any flies, cockroaches, or the creation of any other nuisance. -14- (b) All effluent from septic tanks hereafter constructed shall be disposed of through a subsurface drainage field designed in accordance with good public health engi- neering practice or any other method which does not create a nuisance. (c) No privy shall hereafter be constructed within seventy- five (75) feet of any drinking water well or of a human habitation other than to which it is appurtenant without approval by the Local Health Officer or the Board of Health and no privy shall be erected or maintained over any abandoned well or over any stream; provided further that no privy shall be constructed or maintained in airy unincorporated village which shall hereafter come within the provisions of Article 4434-35 of the Revised Civil Statutes of Texas, 1925, which is located within thirteen hundred and twenty (1320) feet of any water well which is used for drinking water purposes, and the construction, maintenance, and use of such privy in violation of this section shall be a nuisance. (d) The superstructure and floor surrounding the seat riser and hopper device of every approved privy shall be kept in a sanitary condition at all times, and shall have adequate lighting and ventilation. (e) All material and human excreta removed from any privy vault or from any other place shall be handled so as not to create a nuisance. Such matter shall not be deposited within three hundred feet (300') of any highway unless buried or otherwise treated in accordance with the instructions of the Local Health Officer. SEWAGE Sec. 20. (b) The Texas Department of Health shall take all necessary procedures essential to the protection of any spring, well, pond, lake, reservoir, or other streams in Texas, from any condition or pollution resulting from sewage, that may endanger the public health, and shall have full authority to enforce all the laws of this state relating thereto. PENALTY Sec. 24. Any person, firm or corporation who shall violate any of the provisions of any section or subdivision of this Act, or any rule adopted under this Act, shall be fined not less than Ten Dollars ($10.00) and not more than Two Hundred Dollars ($200.00), and each day of such violation shall constitute a separate offense. -15- ENFORCEMENT Sec. 25. The Texas Department of Health may apply to any c:istrict court in this state to enforce, prevent, or restrain violations of this Act or violations of rules adopted pursuant to this Act. -- -16- COUNTY ?t:=: ~:SE " =GD -=_C=L-~Y G=7ER OUTLINE FOR MO:,~EL ORDER AND RULES I. PURPOSE. The purpose of this outline is to assist persons who are drafting a proposed order. Moreover, it is to help counties avoid water quality and public health problems and problems associated with administering the rules. Where they are not evident, the effective purpose of a provision and the Texas Water Commission's rationale for including the provision in a certain form are noted. Also noted is the latitude the Commission will allow in modifying any provision upon justifiable bases. NOTE: These provisions are minimum requirements, and, upon justifiable bases, can be made more stringent. II. MINUTES AND ORDER. These documents notify the Texas Water Commission that the Commissioners Court has officially acted upon the adoption of an order, entered it into their minutes, and thus has taken the procedural steps necessary to enact a valid and enforceable order. The order also includes the necessary finding cf need for the rules. The language tracks the language of the statutes to ensure validity and thus should not vary. The format, however, may be changed to meet the particular administrative reeds of the country as is the case with the numbering and formatting of the rules. The review by the Texas Water Commission will be expedited, however, if the- format of the model rules is followed as closely as possible. ZII. RULES. " A. Chapter 1. Definitions. 1. The definitions are a space-saving mechanism whereby shorthand terminology is used for an item or concept throughout the rules, e.g., authorization, license, permit, standards. They are also a means to clarify words that may be ambiguous, e.g., nuisance, person, pollution. Most importantly, the definitions set out qualifications whereby certain items or condi- tions meet a certain definition and are thus subject to the rules in a certain manner, e.g., existing private sewage facility, new private sewage facili- ty, institution, subdivision, substantial modifica- tion. 2. The definitions are required in order to avoid ambiguities in the rules and, moreover, to note how the rules will be applied to certain classes of items. Of course, if additional terms are used, definitions can be added for clarification, classi- fication, and brevity. B. Chapter 2. Establishment and General Provisions, 1. These provisions are standard language that set the legal framework for the rules under the applicable statutes. 2. These provisions are required in order to establish the authority of the county and define its extent. Section 2.03(b) is optional for those counties who are willing to agree with incorporated towns or cities to regulate private sewage facilities in those incorporated areas. The Commission encourages these agreements whenever possible because of the need to regulate private sewage facilities wherever possible. C. Chapter 3. Administrative Provisions. 1. Sections 3.01 and 3.02. Exception and Appeal. a. Exceptions are needed, because, by their very nature, rules cannot provide for every possible fact situation. Appeals are necessary to prcvide due process to those persons regulated or affected. b. Exceptions, the first step in conflict resolu- tion, can hopefully be handled at the informal level of the licensing authority. Appeals, the next step, allow proper documentation and notice. The optional §3.02 allows the Commis- sioners Court to delegate the finding of fact process to a Special Hearing Examiner, who generally has been the Justices of the Peace. c. Orders must contain exception and appeal procedures that will satisfy constitutional due process. 2. Section 3.03. Notice. a. This provision sets out the requirements for effective notice when required in the rules. b. This provision prevents the repetition of the requirements of effective notice at each place it is used in the rules. c. This provision is required to prevent legal attacks based on the lack of adequate notice. 3. Section 3.04. Fees. a. This provision allows the rules to be self- financing. b. This provision puts persons on notice that fees will be required to finance the services of the county and establishes the basis for setting the amount of the £ees. The Commission strongly recommends against the placing of a specific fees schedule in the rules, because any change would have to be approved by the Commission, which may take more time than desired. This general provision allows a Commissioners Court to respond quickly to changes in the costs of administering the -18- D E. rules. Nevertheless, this provision is not a license to raise revenues; it is only "to defray the reasonable cost of administering these rules". c. This provision is required in order to ensure that licensing systems are sufficiently funded. Chapter 4. Duties and Powers. 1. These provisions designate a county department as the licensing authority that will administer and enforce the rules and delineate that department's duties and powers as the licensing authority. 2. These provisions state the general duties that the licensing authority must perform and the powers it must have in order to be effective. 3. These provisions are required in order to designate a licensing authority that will have the expertise to administer the rules. Chapter 5. Lawful Discharges and General Requirements. 1. Section 5.01. Lawful Discharges. This section specifically delineates what s__ewaae discharges are lawful and is required. 2. Section 5.02. Requirements. a. These provisions enumerate the general require- ments and prohibitions that the rules place on private sewage facilities. b. The following are the rationale for the subsec- tions: (a) The person most closely connected to the equitable ownership of the land must be aware of and comply with the requirements of the rules. (b) This subsection invokes the "Construction Standards for Private Sewage Facilities" (Standards) as they apply to the design, construction, and installation of any new private sewage facility. (c) Requiring a permit before installation avoids problems. Most importantly, it prevents the undesirable situation of a person installing a private sewage facili- ty in an unacceptable manner or form or on an unacceptable lot and then applying for a license. The applicant has a pollution or public health problem that the licens- ing authority cannot license but must somehow abate or prevent. (d) Once the design is approved and the permit issued, the installer must conform to those requirements. (e) Requiring an inspection prior to licensing avoids problems. Most importantly, it allows the applicant to prove and the licensing authority to know that the -19- F. G. installation was done correctly and t:.e facility will operate properly. (f) Th15 SUb52Ct1OP_ Dr°Ve_^.tS ?C`_Ll _^!~;1~_^.._ from occurring prior to proper installa- tion and licensing. (g) This subsection clearly ma}:es the r _-a- ments in the Standards pertaining to minimum lot sizes mandatory. A specific limit can be set, but it cannot be less than the 15,000 square feet requirement. (h) State law prohibits surface discharges without first obtaining a permit from the Texas Water Commission. (i) These methods are prohibited, because they have proven to be ineffective for the proper and safe disposal of sewage. (j) This subsection clearly makes the statu- tory reason for adopting the rules a requirement. c. A11 of the issues in this section must be addressed in a manner that will protect water quality and public health. Chapter 6. Development of Organized Disposal Systems. 1. This section institutes the policy of the legisla- ture and the Texas Water Commission to encourage organized disposal systems. 2. These provisions require any applicant to prove that he cannot comply with that policy. 3. These provisions are required in order to accomplish that policy. Chapter 7. Construction and Operation Requirements. 1. These sections establish and make mandatory a permitting and licensing system for private sewage facilities in order to achieve the purpose of the rules. 2. These sections are based on the knowledge and experience of the Commission and are designed to provide an orderly method of obtaining the necessary information whereby a licensing authority can properly issue a permit or license. The following are rationale for certain provisions: a. Section 7.02(b) emphasizes the importance of the rules and makes the giving of any false information a violation of the rules. b. Secticn 7.03(a) allows the licensing authority to properly schedule inspections and require the applicant or installer to cooperate in the inspection. c. The optional replacement of §7.03(c) allows a scheduled reinspection/relicensing system to be instituted if desired. d. Section 7.04(a) exempts existing private sewage facilities from licensing requirements if they -20- are not causing the problems for which the rules were adopted; §7.04 (b) states that the licensing exemption is not available if such problems are occurri~ig. 3. Some method of permitting and licensing that ensures the proper construction, installation, and operation of private sewage facilities must be provided. H. Chapter 8. Subdivisions. 1. These sections establish and make mandatory a requirement that appropriate subdivisions obtain, prior to construction, authorization that estab- lishes how private sewage facilities can be uti- lized. 2. Requiring an authorization will avoid problems. Making, a decision on the proper installation of private sewage facilities during the initial devel- opment of a subdivision prevents the making of other decisions that will not allow the rules to be met. The following are rationale for certain provisions: a. Section 8.01(a)(1) further accomplishes the policy stated in Chapter 6: b. The information required in §8.01(a)(2) allows the licensing authority to make an informed decision on the suitability of the use of private sewage facilities and requires an applicant to fully investigate and contemplate proper sewage disposal. c. Section 8.03 allows prospective purchasers, lessees, and renters to have notice of the basic requirements of the rules and the infor- mation in an application for an authorization through a deed record. 3. Some method of preconstruction authorization that meets the purpose of the rules must be provided. I. Chapter 9. Enforcement. 1. Section 9.01. Informal. a. This section provides a means to gain compli- ance outside of the judicial system. b. This section establishes routine procedures in order to encourage informal compliance efforts and sets criteria for determining when formal enforcement should be instituted. c. Some informal enforcement mechanism should be provided. 2. Sections 9.02 and 9.03. Criminal and Civil. These sections set forth the State law under which the rules can be enforced within the judicial system and, though are not required to be included in order to be used, should be included in order to put persons on notice of their potential liability. -21- biIidU^1 ES OF TriE COMMISSIONERS COURT OF COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF § The Commissioners Ccurt of County, Texas, convened in regular session, sitting as the governing body of County, Texas, at the County Ccurt- house in the City of Texas, on the day of with the following members present, to-wit: County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 Commissioner, Precinct No. 4 County Clerk and the following member(s) absent, to gait: , when the following business was transacted: Commissioner introduced an Order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the Order. The motion, carrying with it the adoption of the Order, prevailed by the following vote: -22- AYES: NAYES: The County Judqe thereupon announced that the Order had been duly and lawfully adopted. The Order thus adopted follows; -23- ORDER ADOPTING RULES OF COUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES WHEREAS, the Texas Department of Health and the Texas Board of Health have established construction standards for private sewage facilities to provide the citizens of this State with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, cod- ified as Section 26.032 of Vernon's Texas Water Code Annotated, which authorizes the commissioners court of any county to enter an order, resolution, or other rule to abate or prevent pollution, or injury to public health arising out of the use of private sewage facilities; and WHEREAS, pursuant to Sections 26.022 and 26.032, Vernon's Texas Water Code Annotated and Article 6252-17 of Vernon's Texas Revised Civil Statutes Annotated, due notice was given of a meeting and public hearing to determine whether the Commissioners Court of County, Texas, should enter an order, resolu- tion, or rule controlling or prohibiting the installation or use of private sewage facilities in the unincorporated area of County, Texas; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the Commissioners Court of County, Texas; and -24- - - WHEREAS, the Commissioners Court of County, Texas finds that the use of private sewage facilities in County, Texas, is causing or may cause pollution, and is injuring or may injure the public health; and WHEREAS, the Commissioners Court of County, Texas, has considered the matter and deems it appropriate to adopt Rules regulating private sewage facilities to abate or prevent pollution, or injury to public health in County, Texas; NOW, THEREFORE, BE IT ORDERED, ADJUDGED, DECREED, RE- SOLVED, FOUND AND DETERMINED BY THE COMMISSIONERS COURT OF COUZdTY, TEXP_S, SITTING AS THE GOVEP.NING BODY OF COUNTY, TEXAS, that: (1) The matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; (2) The use of private sewage facilities in County, Texas, is causing or may cause pollution or is injuring or may injure the public health; (3) The rule attached and appended hereto, entitled, "Rules of County, Texas for Private Sewage Facilities" are adopted and all officials and employees of County having duties under said Rules are authorized to perform such duties as required of them under said Rules. (4) The County of County, Texas, within five days after the entry of this Order, shall obtain a certified copy of this Order and said Rules and submit both to -25- the Texas Water Commission for their written approval thereof; (5 ) The Cou;.ty Cie .7: o f County i s authorized to publish this Order and these Rules in the a newspaper of general circulation published in County, Texas, after the same are approved by the Texas Water Commission; and (6) The Rules attached and appended hereto are incor- porated herein as though fully set forth in writing in this Order. THE STATE OF TEXAS ~ COUNTY OF § I~ County Clerk of County, do hereby certify that the above and foregoing is a true and correct copy of an Order made and entered by the Commissioners Court in regular session, on the day of as it appears of record in the Minutes of said Court, Volume , page and is a true and correct copy of said Minutes. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of (SEAL) County Clerk -?5- RULES OF COUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES CHASTER 1 CHAPTER 2. §2.01. §2.02. §2.03. §2.04. §2.05. §2.06. §2.07. CHAPTER 3. §3.01. §3.02. §3.03. §3.04. CHAPTER 4. §4.01 DEFINITIONS ESTABLISHMENT AND GENERAL PROVISIONS Authority. Purpose. Area of Jurisdiction. Effective Date. Incorporation by Reference. Construction, Precedence, and Severability. ADMINISTRATIVE PROVISIONS Exception. Appeal. Notice. Fees. DUTIES AND POWERS Duties and Powers. Interpretation. CHAPTER 5. LAWFUL DISCHARGES AND REQUIREMENTS §5.01. Lawful Discharges. §5.02. Requirements. CHAPTER 6. DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS §6.01. Connection .to Organized Disposal Systems. CHAPTER 7. §7.01. §7.02. §7.03. §7.04. §7.05. CHAPTER 8. §8.01. §8.02. §8.03. CHAPTER 9. §9.01. §9.02. §9.03. CONSTRUCTION AND GPERATION REQUIREMENTS Requirements for New Private Sewage Facilities. Permit to Construct. " License to Operate. Existing Private Sewage Facilities. Special Requirements for Institutions. SUBDIVISIONS Subdivision Construction Authorization. Application. Notice. ENFORCEMENT Informal. Criminal. Civil. -27- CHAPTER 1 DEFINITIONS The following words and terms, when used in these Rules, shall have the following meanings, unless the context clearly indicates otherwise; "Absorption Unit" - Any subsurface system that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent from a wastewater treatment unit. "Authorization" - A Subdivision Construction Authorization as required in Chapter 8 of these Rules. "Commissioners Court" - The Commissioners Court of County, Texas. "Evapotranspiration Unit" - Any subsurface system that primar- ily relies on evaporation and plant transpiration to dispose of effluent from a wastewater treatment unit. "Existing Private Sewage Facilities" - Any private sewage facility that was in use on the effective date of these Rules. Such a facility shall be an existing private sewage facility as long as that facility is not causing pollution, a threat to the public, or nuisance conditions; or is not substantially modified, after the effective date of these kules. Any private sewage facility that has been actually used at any time during the twelve (12) month period immediately preceding the effective date of these Rules, shall be conclusively presumed to have been in use on the effective date of the Rules. "Institution" - Any establishs~ent other than a single family residence. "License" - A License to Operate as required by Chapter 7 of these Rules. "Licensing Authority" - The unit of the county government that has been designated by the Commissioners Court in Chapter 4 of these Rules to have the duties and powers to administer and enforce these Rules. "Mobile Home Park" - Any facility or area developed for the lease or rental of two or more mobile hoses. "New Private Sewage Facility" - Any private sewage facility that does not qualify as an existing private sewage facility. "Nuisance" - Any activity or condition that is or tends to be, injurious to or adversely affects human health or welfare, animal life, vegetation, or property; or interferes with the normal use and enjoyment of animal life, vegetation, or property. "Organized Disposal System" - Any publicly or privately owned system for the collection, treatment, and disposal of sewage that is operated in accordance with the terms and ccnditions of a valid waste discharge permit issued by the Texas Water Commission. "Permit" - A Permit to Construct as required by Chapter 7 of these Rules. "Person" - Any individual, corporation, organization, govern- ment or governmental subdivision or agency, business, trust, estate, partnership and any other legal entity or association, including, but not limited to, owners, developers, installers, -2&- operators, or any other person responsible for the construction, installation, or operation, of a private sewage facility. "Pollution" - The alteration of the physical, thermal, chemi- cal, or biological quality of, or the contamination of any water in the State that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. "Private Sewage Facility" - All systems and methods used for the disposal of sewage, other than organized disposal systems. Private sewage facilities are usually composed of three units; the generating unit (the residence, the institution, etc.), the treat- ment unit (septic tank, etc.), and the disposal unit (the drain- field that may be an absorption trench or bed, or an evapotranspi- ration bed). "Proposed Individual or Public Water Supply Wells or Systems, or Proposed Organized Disposal Systems" - Any such well or system for which the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substan- tial loss, for the construction of such well or system that will be completed within a reasonable time. "Sewage" - Waterborne wastes that are primarily organic and biodegradable or decomposable and that generally originate as human, animal, or plant wastes from domestic activities, such as washing, bathing, and food preparation, and certain retail or commercial activities. "Single Family Residence" - A single family dwelling or mobile home. "Special Hearing Examiner" - An officer appointed by the Commissioners Court to hear appeals of decisions or actions by the licensing authority. (REQUIRED IF THE OPTIONAL SUESTITUTE FOR §3.02 IS USED.) "Standards" - The standards set forth in the pamphlet entitled "Construction Standards for Private Sewage Facilities" and all future amendments thereto, which were adopted by the Texas Board of Health, pursuant to Article 4477-1 (Sec. 23(b)), of the Texas Revised Civil Statutes Annotated, as Texas Department of Health Rules 301.79.03.001-.003 and which were originally published in 2 Tex. Reg. 4978. "State" - The State of Texas. "Subdivision" - A subdivision that has been platted and recorded with the county clerk or that is required by statute to be so platted and recorded; or any four (4) or more adjcining lots or tracts, any one of which is less than two (2) acres in size; or a mobile home park. "Substantial Modification" - An increase in the size or use of a private sewage facility's generating unit (residence or institu- tion) that, based on the considerations in the Standards, could be expected to result in an increase of 25~ or more in the average daily volume of sewage generated by that unit; or an action that, based on the considerations in the Standards, could be expected to result in an increase or decrease in the capacity of a private -25- sewage facility's treatment unit (septic tank) o:: disposal unit (drainfield) by 258 or more. "water" or "Water in the State" - Groundwater. percolating cr otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of th,~ State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies cf surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. - -30- CHAPTER 2 ESTABLISHP9ENT AND GENERAL PROVISIONS §2.01. AUTHORITY. These Rules are adopted by the Commission- ers Court of County, Texas, acting in its capacity as the governing body cf County. County adopts these Rules under the authority of Section 26.032 of the Texas Water Code. §2.02. PURPOSE. The purpose of these Rules is to abate or prevent pollution, cr injury to the public health in County, Texas. §2.03. AREA OF JURISDICTION. (a) These Rules shall apply to all of the area of County except for the areas regulated under an existing Texas Water Commission Rule and the areas within the boundaries of the incorporated cities and towns of County. (b) (OPTIONAL) These Rules shall also apply to those incorpo- rated cities or towns that have executed cooperative agreements with the Commissioners Court for coverage under these Rules. §2.04. EFFECTIVE DATE. These Rules shall become effective upon their approval by the Texas Water Commission. §2.05. INCORPORATION BY REFERENCE. The Standards and all future amendments thereto are incorporated by reference and are thus spade a part of these Rules. A copy of the Standards is attached to these Rules as Appendix I. §2.06. CONSTRUCTION, PRECEDENCE, AND INTERPRETATION. _ (a) These Rules shall be construed liberally to accomplish their purpose. In construing the Standards, precatory words contained therein shall be deemed mandatory. (b) In the event of any conflict between these Rules and an order, resolution, or rule adopted by the Texas Water Commission, the order, resolution, or rule adopted by the Texas Water Commission shall take prece- dence. In the event of any conflict between these Rules and the Standards, these Rules shall take precedence. (c) The licensing authority shall, within the purpose cf these Rules, resolve any question regarding any interpre- tation of these Rules or the Standards. §2.07. SEVERABILITY. If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the validity of the remainder of these Rules and the application thereof to other persons and circumstances shall not be affected. -31- CHAPT3R 3 ADMINISTRATIVE PROVISIONS §3.01. EXCEPTION. (a) A person desiring an exception to any requirement of these Rules _=hall file a written request with the licens- ing authority stating: (1) The nature of the exception requested; (2) The reason that justifies the granting of the exception; and (3) Any information that the licensing authority rea- sonably requests. (b) Within thirty (30) days after the receipt of said re- quest, the licensing authority shall review the request and reply to the applicant ir, writing either granting or denying the request. If the request is denied, the licensing authority shall include the reasons for denial in the reply. §3.02. APPEAL. (a) Any person aggrieved by an action or decision of the licensing authority made hereunder may, within thirty (30) days of the date of the document giving notice of the action or decision, or within thirty (30) days of the action, if no document is given, appeal to the Commis- sioners Court. (b) The appeal shall be initiated by filing a written ob- jection with the Clerk of the Commissioners Court. The written objection shall state what the complainant believes the action or decisior. of the licensing authori- ty should have been and the reasons therefor. A copy of the document containing' the notice of the complained of action or decision, or a written statement of the com- plained of action or decision, if no document was given, shall be attached to said written abjection. (c) When an objection is filed, the Clerk of the Commission- ers Court shall notify the County Judge who shall place the matter on the Agenda of the Commissioners Court for review at the next meeting of the Commissioners Court, that is at least ten (10) days after the date of the filing of the objection. The Clerk of the Commissioners Court shall notify the licensing authority and the complainant that the matter is on the agenda. {d) The Commissioners Court shall review the matter and consider such information and evidence that the Commis- sioners Court may deem relevant and that may be offered by the licensing authority or the complainant. The Commissioners Court shall either affirm, reverse, or modify the action or decision of the licensing authority. (e) These provisions for appeal are not exclusive, but are cumulative of any other remedies at law or in equity. -32- §3.02. APPEAL. (OPTIONAL SUBSTITUTE FOR §3.02 ABOVE) (a) Any person aggrieved by an action or decision of the licensing authority made hereunder may, within thi-ty (30) days of the date of the document giving notice of the action or decision, or within thirty (30) days of the action, if no document is given, appeal to the Special Hearing Examiner appointed by the Commissioners Court. (b) The appeal shall be initiated by filing a written ob- jection with the Special Hearing Examiner. The written objection shall state what the complainant believes the action or decision of the licensing authority should have been and the reasons therefor. A copy of the document containing the notice of the complained of action or decision, or a written statement of the complained of action or decision, if no document was given, shall be attached to said written objection. (c) Upon receipt of said written objection and attachment, the Special Hearing Examiner shall set the same down for a hearing to be held within the next thirty (30) days and advise all parties of the date, time, and place of the hearing. (d) At hearings before the Special Hearing Examiner, all witnesses shall be sworn. The Special Hearing Examiner shall hear the testimony of the licensing authority and any witnesses the licensing authority may call. The Special Hearing Examiner shall hear the testimony of the complainant and any witnesses the complainant may call. The Special Hearing Examiner shall review all documents and exhibits submitted to him by the parties. The Special Hearing Examiner shall net be bound by formal rules of evidence and shall control the evidence, re- serving to himself the power to exclude testimony or exhibits he does not consider relevant. (e) The Special Hearing Examiner shall maintain aTi accurate record of the evidence adduced at the hearing. (f) Within ten i10) days of the close of the hearing, the Special Hearing Examiner shall reduce to writing his report, which shall consist of a finding of facts and his decision, and shall notify the licensing authority and the complainant of his decision. The Special Hearing Examiner shall file the original of his report with the Clerk of Commissioners Court, shall keep one copy for himself, shall send one copy to the complainant, and shall send one copy to the licensing authority. ig) If the licensing authority or the complainant is dissat- isfied with the Special Hearing Examiner's decision, he may, within thirty (30) days from the date the Special Hearing Examiner filed his report, file a written ob- jection with the Clerk of Commissioners Court. When such an objection is filed, the Clerk shall notify the County Judge who shall place the matter on the Agenda of Commis- sioners Court for review at the next meeting of Commis- sioners Court that is at least ten (10) days after the -33- date of the filing of the objection. The Clerk of the Commissioners Court shall notify the licensing authority and the complainant that the matter is on the agenda. (h) When the matter comes before Commissioners Court, the Commissioners Court shall review the matter, considering such information as is in the Special Hearing Exzminer's file and report along with such other evidence as Commis- sioners Court may deem relevant and as may be offered by the licensing authority or the complainant. The Commis- sioners Court shall either affirm, reverse, or modify the decisicn of the Special Hearing Examiner. (i) These provisions for appeal are not exclusive, but are cumulative of any other remedies at law or in equity. §3.03. NOTICE. Any notice required to be given pursuant to these Rules shall be considered given by depositing the same in the U. S. Mail, postage prepaid, and addressed in accordance with the information given by an applicant or complainant. §3.04. FEES. To defray the reasonable_cost of administering these Rules, the licensing authority shall require fees to be paid in accordance with the schedule established from time to time by the Commissioners Court. Such fees shall be paid with the filing of an application for a permit, license, or authorization; a written request for an inspection or exception; or an appeal. -34- CHAPTER ~: DUTIES AND PO4~ERS §4.01. DUTIES AND POWERS. The of County, Texas, is designated by the Ccssnission- ers Court tc be the licensing autho*_ity for these Rules and thus have the duty, and necessary powers, to administer and enforce these Rules. The , as the licensing authority, shall have the following duties and necessary concomitant powers: (1) To enforce these Rules and to make appropriate recommendations to proper County authorities when instances of noncompliance with these Rules have been determined. {2} To make inspections of any existing private sewage facilities, when requested or required, and all new private sewage facilities. (3) To collect all fees set by the Commissioners Court as necessary to recover the reasonable costs in- curred in meeting the requirements of these Rules. (4) To make semi-annual reports t_o the Commissioners Court on all actions, including legal actions, taken concerning these Rules. (5) To perform all other duties necessary to meet the requirements of these Rules. - -35- CHAtTER ~ LAWFUL DISCHARGES AND GENERAL REQUIREMENTS §5.0.. LAWFUL DISCHARGES. After the effective date of these Rules, only the following types of sewage discharges shall be lawful: (1) Sewage discharged into an organized disposal system operating under a valid permit issued by the Texas Water Commission. (2) Sewage discharged into a private sewage facility designed, installed, licensed, operated, and main- tained in accordance with these Rules. (3) Sewage discharged into an existing private sewage facility that is in use on the effective date of these Rules, that has not been substantially mod- ified since the effective date of these Rules, and that is operated and maintained in such a manner as not to cause pollution, a threat to the public health, or nuisance conditions. X5.02. REQUIREMENTS. (a) No person, except the person owning or having the right (b) (c) (d) (e) (f) (g) of possession and use of the parcel of land upon which a proposed private sewage facility is to be located, may apply for a private sewage facility permit or license. The design, construction, and installation of any new private sewage facility and the maintenance of any private sewage facility shall, at a minimum meet the requirements set forth in the Standards. No person may cause, suffer, allow, or permit the ccr.- struction or installation of, or a substantial modifica- tion to, a private sewage facility unless a permit therefor has first been issued, The construction, installation, or substantial modifica- tion of a private sewage facility shall be made in accordance with the approved design and requirements of the permit issued therefor. No component of a private sewage facility shall be covered until an inspection by the licensing authority has been made, Provided, however, absorption trenches or beds, or evapotranspiration beds may be partially back- filled, but all ends and other critical areas shall not be covered until the licensing authority has determined, as evidenced by the issuance of a license, that the installation, construction, or substantial modification complies with these Rules, the Standards, or other special conditions specified in the permit. No person may cause, suffer, allow, or permit the opera- tion or use of a new private sewage facility unless a license, or necessary license amendment therefor, has first been issued. No person may cause, suffer, structior. or installation of allow, or permit the con- private sewage facility on -36- a lot or tract that is smaller than that required to meet the requirements set forth in the Standards. Provided, however, on lots existing prior to the effective date of these Rules, a private sewage facility may be permitted to be constructed and licensed to operate on a lot smaller than 15,000 square feet, if it is demonstrated by a thorough investigation that a private sewage facility can be operated without causing a threat or harm to an existing or proposed water supply system or to the public health, or the threat of pollution or nuisance condi- tions. In calculating lot or tract sizes, easements or right-of-ways adjacent or through such lots or tracts shall be excluded. (h) The effluent from a private sewage facility, whether using a aerobic or anaerobic treatment unit, must be discharged into a properly designed and constructed absorption or evapotranspiration unit and shall not be discharged to the ground surface or into or adjacent to any water in the State. (i) Injection wells, pit privies, and cesspools used to dispcse of sewage, and any system utilizing naturally or artificially produced holes, cavities, cr drilled wells to ease the disposal of sewage are specifically prohib- ited from being installed and licensed. (j) No person may cause, suffer, allow, or permit the main- tenance of a private sewage facility in such a manner as to cause, or as may tend to cause, pollution, injury to public health, or nuisance conditions. -37- CHAPTEP. 6 DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS §6.01. CONNECTION TO ORGANIZED DISPOSAL SYSTEMS. In order to implement the stated policy of the legislature and the Texas Water Commission to encot.rage the development and use of organized disposal systems to serve the waste disposal needs of the citizens of the State and to prevent pollution, protect the public health, and maintain acid enhance the quality of water in the State, the following requirements are made: (1) No person may cause or allow the installation of a private sewage facility when any part of the facili- ty is to be within 300 feet in horizontal distance (measured on the closest practicable access route) of an existing organized disposal system, unless one of the following requirements has been met: (A) The person has received a written denial of service from the owner or governing body of the organized disposal system; or (B) The person has received a written determination from the licensing authority that it is not feasible for the person to connect to the organized disposal system. (2) Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable route) from any part of a private sewage facility, that facility shall be coi:nected to the organized system unless one of the requirements set forth in Subsections (1)(A) or (1)(B) of this section has been met. _~a_ CHAPTER 7 CONSTRUCTION AND OPERATION REQUIREMENTS §7.01. REQUIREMENTS FOR NEW PRIVATE SEWAGE FACILITIES. (a) A Permit to Construct must be obtained from the licensing authority prior to commencing the construction or instil- lation of, or a substantial modification to, a private sewage facility and will be issued upon a finding that construction can commence. (b) A License to Operate must be obtained from the licensing authority prior to operating a new private sewage facili- ty and will be issued after satisfactory completion and approval of construction. §7.02. PERMIT TO CONSTRUCT. (a) Z'o make an applicatior. for a Permit to Construct, the applicant shall submit to the licensing authority the following: (1) A properly completed application form. (2) The required fee. (3) The results of the percolation tests performed by a registered professional engineer, registered profes- sional sanitarian, or similarly qualified person approved by the licensing authority. (4) A drawing or drawings reflecting that the proposed private sewage facility will comply with these Rules and demonstrating that the lot or tract is large enough for the private sewage facility to be con- structed thereon. (5) A statement or other evidence that demonstrates that the requirements set forth in §6.01 of these Rules have been met. (6) Ary additional information that the licensing authority may require. (b) The completed application and all additional information submitted shall not contain any false information or conceal any material facts and shall be sworn to and notarized. (c) Within thirty (30) days after a proper and complete application has been made, the licensing authority shall make a finding on the issuance of a permit, based upon the information contained in the completed application and any other information available to the licensing authority. (1) Upon a finding that construction can commence, a Permit to Construct shall be issued to the appli- cant. (2) Upon a finding that a Permit to Construct cannot be issued, the licensing authority shall so notify the applicant in writing within ten (10) days of that finding and shall include the reasons for denying the issuance of a permit. -39- (d) (OPTIONAL) A perm__t shall e.:pire one year from the date cf issuance unless construction has commenced on the private sewage facility for whicl-i the permit was issued. An expired permit may be re-issued provided the conditions under which the permit was originally issued have not changed. A fee will be charged to defray the cost of re-issuanc=_. When a permit has expired and the original conditions have changed, a new application must be submitted with a new application fee. §7.03. LICENSE TO OPERP_TE. (a) Each new private sewage facility shall be inspected and approved by the licensing authority prior to the final covering of the facility. (1) The applicant or installer shall notify the licens- ing authority that an inspection is desired at least forty-eight (48) hours, excluding weekends and legal holidays, prior to the need for inspection. (2) The applicant or installer shall provide whatever reasonable assistance the licensing authority requests in order to make the inspection. (b) Within five (5) days after an inspection, the licensing authority shall make a finding on the issuance of a license, based upon the information obtained from the inspection and any other information available to the licensing authority. (1) Upon a finding that the use of the new private sewage facility will not cause pollution, injury to the public health, cr nuisance conditions and is not in conflict with these Rules and upon payment of appropriate fees, a License to Operate the facility shall be issued to the applicant. (2) Upon a finding that a License to Operate canr_ct be issued, the licensing authority shall so notify the applicant in writing within five (5) days of that finding and shall include the reasons for denying the issuance of a license. (c) Licenses to Operate issued under the authority of these Rules shall be for an indefinite period and shall be transferred to a succeeding owner. Upon the request of a new owner of a licensed private sewage facility, the licensing authority shall transfer the license to that new owner, provided the private sewage facility has nct been substantially modified. (c) (OPTIONAL REPLACEMENT FOR (c) ABOVE) Licenses to Operate issued under the authority of these Rules shall be for a term of years. At the end of every years, the private sewage facility shall be reinspected by the licensing authority for compliance with these Rules. The license shall be transferred to a succeeding owner. Such transfer shall be upon the request of the new owner, provided the private sewage facility has not been sub- stantially modified. -~0- §7.04. EXISTING PRIVATE SEhAGE FACILITIES. (a) Existing private sewage facilities are not required to be licensed, provided the facility is not causing pollution, a threat to the public health, or nuisance conditions, or has not been substantially modified. (b) If an existing private sewage facility is causing pollu- tion, a threat to the public health, or nuisance condi- tions, or has been substantially modified, the licensing authority shall require that the facility be licensed in accordance with §§7.01-7.03 of these Rules as appropriate and shall undertake actions pursuant to Chapter 9 of these Rules. §7.05. SPECIAL REQUIREMENTS FOR INSTITUTIONS. A registered professional engineer, registered professional sanitarian, or similarly qualified person approved by the licensing authority; or the licensing authority, at its discretion, shall design all private sewage facilities serving institutions. Said designs shall be made in accordance with these Rules, including the Standards, except that single compartment treatment units shall not be uti- lized, but instead, treatment units with two or more compartments or two or more treatment units connected in series shall be uti- lized. -41- CHAPTER 8 SUBDIVISIONS §8.01. SUBDIVISION CONSTRUCTION AUTHORIZATION. Any person desiring to create a subdivision, including mobile home parks, that will utilize private sewage facilities, in whole or in part, must obtain a Subdivision Construction Authorization from the licensing authority prior to commencing or continuing construction in the subdivision. §8.02. APPLICATION. (a) An applicant for a Subdivision Construction Authorization shall submit an application to the licensing authority containing information that is adequate to establish: (1) That it is not feasible for the applicant to provide sewer service to the subdivision by means of an organized disposal system, and (2) That private sewage facilities may be used in the specified subdivision without causing, or threat- ening to cause, individually or collectively, pollution, injury to the public health, or nuisance conditions. This information will include as a minimum: (A) A map locating the subdivision relative to on- and off-site: (i) Surface water, (ii) Platersheds, (iii) Floodplains, (iv) Existing and proposed individual and public water supply wells, and (v) Existing and proposed organized disposal systems.' (B) An accurate plat of the subdivision that details the size and intended use of each lot and that details"roads and utility right-of- ways. This plat shall show all areas of the subdivision where the ground water table is less than six (6) feet below the surface as the surface exists or as it will be after grading and filling that may be required in the subdi- vision development. (C) A list that specifies the type and maximum size (floorspace, bedrooms, seating, etc.) of the intended construction that will be allowed on each lot. Based on this list, the applicant shall provide further information to confirm that a private sewage facility that meets all of the requirements of these Rules and the Star_dards can be constructed on each lot. This information shall include: (i) Preliminary locations and distances between sewage generating units, treatment units, disposal units, water wells, and -42-__ lot boundaries. These distances shall be shown between these items on each lot and to any existing or proposed water supply wells on adjacent lots. (ii) Average daily wastewater volume to be generated by the specified maximum size construction. (iii) Capacity and/or size of the treatment (tank) and disposal (drainfield) units. The disposal area size shall be calculated assuming a specific type of drainfield (absorption trench or bed or evapotranspo- ration bed) and using adequately docu- mented permeability measurements taken at or in reasonable proximity to the drain- field locations. (D) At the discretion of the licensing authority and in consideration of the size and density of the proposed subdivision and other conditions known to exist in the vicinity of the proposed subdivision, one or more geological cross-sec- tions may be required from the applicant. These cross-sections shall illustrate the geologic formations that make up the subsurface below the subdivision down to the first aquifer that supplies, or may be used to supply, drinking water in the area. These cross-sections shall illustrate the primary dip and characteristics (permeable, impermeable, water bearing, etc.) of each formation and the elevation of any water table. (b) The required fee shall accompany the application. (c) Within forty-five (45) days after a proper and complete application has been made, the licensing authority shall make a recommendation on the issuance of a Subdivision Construction Authorization, based upon the information contained in the completed application and any other information available to the licensing authority. When made, said recommendation for approval, with appropriate restrictions, if any, or denial shall be submitted to the Clerk of the Commissioners Court and mailed to the applicant within five (5) days. (d) When a recommendation is submitted, the Clerk of the Commissioners Court shall notify the County Judge who shall place the matter on the Agenda of the Commissioners Court for review at the next meeting of the Commissioners Court that is at least ten (10) days after the date of the submission of the recommendation. The Clerk of the Commissioners Court shall notify the licensing authority and the applicant that the matter is on the agenda. (1) Upon the approval of a Subdivision Construction Authorization by the Commissioners Court, the authorization shall be issued to the applicant. A - - -- - _ -43-- -- - ---- - - Subdivision Construction Authorization does not constitute either a Permit to Construct or a License to Operate a specific private sewage facility. An approved Subdivision Construction Authorization, however, is a prerequisite for obtaining a permit or license for a specific private sewage facility in a subdivision. (2) Upon the disapproval of a Subdivision Construction Authorization by the Commissioners Court, the licensing authority shall so notify the applicant in writing within ten (10) days of the disapproval and shall include the reasons for denying the approval of the authorization. §8.03. NOTICE. (a) Upon the approval of a Subdivision Construction Au- thorization, the authorization, the application therefor, and any other critical evaluation information shall be filed as a deed record for the subdivision lots. (b) Any person, or his agents and assignees, desiring to create a subdivision that will utilize private sewage facilities, in whole or in part, and sell, lease, or rent the lots therein shall inform each prospective purchaser, lessee, or renter: (1) That the subdivision is subject to all of the terms and conditions of these Rules, (2) That a Permit to Construct shall be required before a private sewage facility can be constructed in the subdivision, (3) That a License to Operate shall be required for the operation of such a private sewage facility, and (4) That an application for a Subdivision Construction Authorization has been made and whether or not it has been approved, including any restrictions placed on any such approval. _ -44- CI-IAPTER 9 ENFORCEMENT § 9 . O 1. INFORMAL. (a) The licensing authority may routinely inspect private sewage facilities to assure continued compliance with these Rules. (b) The licensing authority shall inspect any private sewage facility that is reasonably believed to be causing pollution, a threat to the public health, or nuisance conditions, or to have been substantially modified without complying with these Rules based on a creditable complaint or other information available to the licensing authority and may inspect any new private sewage facility should the conditions existing at the time of licensing be found to have changed. If upon such inspection it is found that pollution, a threat to public health, or nuisance conditions is occurring, or an unpermitted substantial modification was performed, the licensing authority shall so notify the owner _of the private sewage facility in writing and include what problems must be remedied in order to achieve compliance, and set a reasonable amount of time to achieve compliance. The private sewage facility shall be reinspected at the expiration of the allotted time. (1) If the facility is found to be compliant, a license therefor may be issued or the existing license may be modified. (2) If the facility is found to be noncompliant, appro- priate enforcement shall be taken. §9.02. CRIMINAL (TEXAS WATER CODE, §26.214) (a) A person who violates any of these Rules, is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $10 nor more than $200. Each day that a violatior. occurs constitutes a separate offense. (b) Jurisdiction for prosecution of a suit under this section is~in the justice of the peace courts. (c) Venue for prosecution of a suit under this section is in the justice of the peace precinct in which the violation is alleged to have occurred. §9.03. CIVIL (TEXAS WATER CGDE, §26.124) (a) Whenever it appears that a violation or the threat of a violation of any of the terms and conditions of these Rules has occurred or is occurring, the licensing author- ity may have a suit instituted in a district court through its own attorney for injunctive relief or civil penalties or both against the person who committed, is committing, or is threatening to commit the violation. (b) Such suits may not be instituted by the licensing author- ity unless the Commissioners Court has adopted a resolu- tion authorizing the institution of the suit. -45- (c) Zn suits brought under this section, the Texas Water Commission is a necessary and indispensable party. -46-