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ORDER NO. 18263
MOTION TO PUBLISH CHANGES IN SEPTIC TANK REGULATIONS
On this the 15th day of November 1988, upon motion made by
Commissioner Ray, seconded by Commissioner Lich, the Court
unanimously approved that Mr. John Whitehead, Head of the
Kerr County Environmental Health Department be authorized to
publish in the local paper the changes proposed in the Septic
Tank Regulations.


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COMMISSIONERS' COURT MEETING AGENDA REQUEST
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•• PLEASE FURNISH ONE ORIGINAL AND SIX COPIES OF THIS REQUEST AND ANY DOCUMENTS TO eE
REVIEWED By THE COURT.
MAD E B Y: '~~ 1~1.1tC'.he-'~ O F F I C E; EnvimTUrental Health Dept.
MEETING DATE: NOVPlil~7er 14, 198$ TIME PREFERRED: 2<DC7e. OR P,M,
SUBJECT : ( PLEAS E 8 E S P E C ! F ! C ) Discuss the allleYlChTIET1tS to the County Private Sewage
Facility Order and the amendment procedures. Brief the court on the results of the
discussions with tl~ electrical utility's in the County,
ESTIMATED LENGTH OF PRESENTATION: 30 minutes
IF PERSONNEL MATTER: NA MF DF EMPLOYEE
NAME OF PERSON AODRESSiNG THE COURT: JOhri 4lhltehead
THE TIME FOR SUBMITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED
IN ACCORDANCE WITN ARTICLE 6252-17 IS AS FOLLOWS:
• MEETINGS HELD ON SECOND MONDAY OF THE MONTH: 5:00 D, M. PREVIOUS WEDNESDAY
MEETINGS MELD ON OTHER DAMS: 5:00 P, M. FOUR WORK DAYS BEFORE MEETING DATE
tF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE A80YE INFORMATION
ATTACHED.
iH15 REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:
C~ A.; M.., P. M.
AlL AGENDA REOUEST$W[LL BE SCREENED BY THE COUNiY JUDGE'S OFFICE TO DETERMINE IF
ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND
ACTION AT TIME OF COURT MEETINGS. YOUR COOPERATION WILL BE APPRECIATED AND CON
TRIBUTE TOWARDS YOUR REQUEST BEING ADDRESSED AT THE EARLIEST OPPORTUNITY.
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PUPLIC NOTICE OF PROPOSED RMENDMENT TO THE RULES OF F<ERR
COUNTY FOR PRIVR"fE SEWAGE F~)CILITIES
The Cnrnrnissir~ners' Cr_„"tr^t of Kerr Cn,.~nty proposes to arncnd
Section(s) 1; ~. Gam. ; c. U3. ; A. C~1. (4) ; 7. i~2. (4) ; 8.03. (tr> (c)
of the Rules of Y.err County far Private Sewage Facilities.
Written ccrnrnents concer^ning the proposed amendments may be
submitted to Darmy Edwards, County Judge, I{err Co,_rr~ty
Courthouse, 7U0 Main Street, N.errville, Texas 78rJc8, (512>
257-E711, until :,<J days after the date of this r„~tice. The
Cornrnissioners' Court will consider the adoption of these
proposed arner,drnents r,n earlier than 31 days after the date of
"' this notice.
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CHAPTER 1 - Definitions
"Licensing Authority" - is proposed to be amended to
designate the Kerr Coirr~ty Envirorirnerital Health Depar`trnerit as
the Licensing Authority.
"Licensing Authcmity" means the Kerr County
Envirnnnrerital Health Department (KCF_HD) or ether
Administrative Rgency that has been designated by
the Commissionersr Cr_~urt in Chapter 4 of these rules
to have the dirties ar~d powers to administer and
enforce these Rules.
CHAPTER c: - Establishment and General Provisions
Section G.U. is pr=~pr_~sed to be amended ire or•der• t~~ clarify
the goals of the Kerr County Environmental Health Depar^trnent.
Section e.U~. Purpose
The puroose of these Rules is to abate cm prevent
pollution of the surface or ground waters, or ir~Jury
to the public health in Kerr County, Texas.
Section ~.U~. Rrea of Jurisdiction
(b) is proposed to be deleted beceiuse the iricor^porated
cities of Ino_r•an: and Kerrville arcs ad~~pting their own
Private Sewage Facility Orcler=;.
(b) These Rules shall alsc~ apply to tlx~se incorporated
cities or towns that have executed cor,perative
agreements with the Comnussloners' Coirrt car the
Licensir~a Airthar-ity for coverage under^ these Rules.
CHAPTER k - Duties and P~~wer•s
Sectir_~n 4.ir1 (A) is proposed to be amended to req~.air°e t:he
Kerr County Environmental Health Departrner~it to n:ak.e monthly
reports to Cornrnissioners' Court instead cif semi-anrn_ral
reports.
4.Ui Duties and Powers
-- t4) To make monthly r^eports to
on all actions, including legal
these Rirles.
the Ccanrnissioners' G_~urt
actions taken ccmcerr~inn
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CHAGTER 7 - Development and Operation Req~_iirernents
Section 7.C~2 te) is prcposed to be added to allr_,w an
exception to the permitting and licensing req~_rir•enrents for• e
single residence an a land tract that is ':5 acres or^ lar^ger.
The Commissioners' Court feels that if the req~_tirernents of
this exemption are followed there will riot be any
contamination of the s,_~rface crr• groundwater.
7.U~ permit to Construct
(e) This section does not apply to an on-site sewage
disposal system of a single residence that is located
on a land tract that is c'5 acres car larger ir~, which
the field line or sewaye disp:~sal line is oat Glaser
than 15v feet of the property line. Effl~_rent from
the en-site sewage disposal system .~ri a single
residence roust be r^etained within the specified
limits, a nuisance may oat be created, and the
grr_,undwater may not be polluted. In corder to protect
the grr_oandwater, trenches r_~r absorption beds may
not be dynamited unless it is in con~unctinn with an
v engineered design by a registered sanitarian or
registered engineer.
CHAGTER 8 - Subdivisions
Secticm 8.Cr2 ta){vi) is proposed tc. be amended in corder to
adr_.pt the publication "G~_ride t.. Sc.il S~_iitability for On-Site
Wastewater Systems for Kerr County, Texas" (R. L. Car^lile,
Mav 1968). The Cornrnissi_~ner}s Court •Feels that this "Guide"
helps the laymen better ,_rr~iderstand the types of soils iri Kerr
County and types of disposal systems allowed in each soil
resource group.
Sectir_~n B.CrG - Application
(a) <vi) S~~il prrfiles, as classified by the S~~il
Survey of Kerr Co~_rnty, Texas. The publication
"Snide to soil Suitability for^ Ors-SitE= Wastewater^
Systems for Kerr Co,_rrity, Texas" (B. L. Car^lile,
Iday 1968) shall be used r.n determining the
appropriate on-site systems for each soeci~Fic sits.
If no suitable site exists fr_.r -~ri-site waste
disposal, the licensing authority shall grant car
deny a permit to constr~_ict on the basis of all.
relevant factors.
Secti~c~n 6.C1,~ (b) {A) is proposed to be amended to make ].cats
served by a public water systems a minimum r,f .",, acre. The
Carnrnissioners' Co~_rrt feels that because r..,ver 7U% of the sr+ils
in Kerr County are not suitable for corrventi..na:l. on-si.te

waste disposal systems and that the terrain of Kerr County
can make installation cif alternative waste di<_:posal syGatems
an small lots prohibitively expensive ar^ physically
impossible, lot sizes sho~_rld be increased.
Section 8.63
(b> Lat Size
(R) Lots
be a
Lat Sizes and Requirements
Req~_rir^ernents
served by a public water svstern shall
minim~.~rn of 1 acre.
Section 0.63 (b) (D) is prr_~posed tc~ be amended to incr^ease the
size of lr_,ts served by indi.viciua). water we:ll~, tc~ 2 1/c aer^es.
The Cornrnissioners' Court feels that because the 5t ate
requir-es a 156 feet radius sanitary easement around every
well, that it is generally riot feasible to have. a private
well and are on-site waste disposal system r_in a lot smaller
than c: 1!2 acres.
_. Secticm 8.63 Lat Size and Requirements
(b) Lot Size Requirements
(C) Lots served by iridividu~-tl water wells
shall be a mini.rnurn of ~ 1/~ acres.
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52.L~~ ~T/Ca_E~ 52.LEGAL NOTICES v
,... PUBLIC NOTICE OF PROPOSED AMENDMENT TO THE RULES OF KERR
COUNTY FOR PRIVATE SEWAGE FACILITIES
The Commissioners' Court of Kerr County proposes to amend Section(s) 1; 2.02.; 2.03.;
4.01. (4) ; 7.02. (4); 8.03. (b) (c) of the Rules of Kerr County for Private Sewage Facilities.
Written comments concerning the proposed amendments may be submitted to Danny
Edwards, County Judge, Kerr County Courthouse, 700 Main Street, Kerrvi0e, Texas
78028, (512) 251-6711, unti130 days after the date of this notice. The Commissioners' Court
will consider the adoption of these proposed amendments no earlier than 31 days alter the
date of this notice.
CHAPTER 1 • Definitions
"Licensing Authority" • is proposed to be amended to designate the Kerr County Environ-
mental Health Department as the Licensing Authority.
"Licensing Authority" means the Kerr County Environmental Health Department
(KCEHD) or other Administrative Agency that has been designated by the Commission-
ers' Court m Chapter A of these rules to have the dudes and powers to administer and
enforce these Rtdes.
CHAPTER 2 • Establishment and General Provisions
SeMion 2.02. is Proposed to be amended in order to clarify the goals of the Kerr County
Environmental Health Department.
Section 2.02. Purpose
The purpose of these Rules is to abate or prevent pollution of the surface or ground
waters, or injury to the public health in Kerr County, Texas.
Section 2.03. Area of JurisdiMion
(b) u proposed to be deleted because the incorporated cities of Ingram and Kerrville are
adopting their own Private Sewage Facility Orders.
(b) These Rules shall also apply to those incorporated cities or towns that have executed
cooperative agreements with the Commissioners' Court or the Licensing Authority for
coverage trader these Rules.
CHAPTER 4 -Duties and Powers
SeMion 4.01 (4) is proposed to be amended to require the Kerr County Environmental
Health Department to make monthly reports to Commissioners' Cotut instead of semi-
annual reports.
4.01 Duties and Powers
(4) To make monthly reports to the Commissioners' Court on all actions, including legal
actions taken concerning these Rules-.
CHAPTER T -Development and Operation Requirements
Section 7.02 (e) u proposed to be added to allow an exception to the permitting and
8censing requirements for a single residence on a land tract that is 25 acres or larger. The
Commissioners Court feels that if the requirements of this exemption are followed there
will not be any contamination of the surface or groundwater.
7.02 Permit to Constnut
(e) This section does not apply to an on-site sewage disposal system of a single residence
that is totaled on a land tract that is 25 acres or larger in which the field line or sewage
disposal Tine is not closer than 150 feet of the property line. Etiluent from the on•site
sewage disposal system on a single residence must be retained within the specified limits.
a nuisance may not be created, and the groundwater may not be polluted. In order to
protect the groundwater, trenches or absorption beds may not be dynamited unless it is in
cot}junction with an engineered design by a registered sanitarian or registered engineer.
CHAPTER 8 -Subdivisions
Section 8.02 (a) (vi) is proposed to be amended in order to adopt the publication "Guide to
Soil Suitability for On-Site Wastewater Systems for Kerr County, Texas" (B.L. Carlile,
Mayy 1986). The Commissioner's Court feels that this "Guide" helps the laymen better
understand the types of soils in Kerr County and types of disposal systems allowed in each
soil resource group.
Section 8.02 -Application
(a) (vi) Soil profiles, as classified by the Soil Survey of Kerr County, Texas. The publication
"Guide to Soil Suitability for On-Site Wastewater Systems for Kerr County, Texas" (B.L.
Carlile, May 1988) shall be used in determining the a propriate on-site systems for each
specific site. Itno suitable site exists for on-site waste disposal, the licensing authority shall
grant or deny a permit to construct on the basis of all relevant factors.
Section 8.03 (b) (A) is proposed to be amended to make lots served by a public water
systems a minimum of 3 acre. The Commissioners' Court feels that because over 70%othee
soils in Kerr County are not suitable for conventional on-site waste disposal systems and
that the terrain of Kerr County can make installation of alternate waste disposal systems
on small lots prohibitively expensive or physically impossible, lot sizes should be in-
creased.
Section 8.03 Lot Sizes and Requvements
(bl Lot Size Re uirements
(A) Lots served by a public water system sha0 be a minimum of I acre.
SeMion 6.03 (b) (D) is pr sad to be amended to increase the size of lots served by
individual water wells to 2Ys acres. The Commissioners' Court feels that because the State
regires a 150 feet radius sanitary easement around every well, that it is generally not
feasible to have a private web and an on-site waste disposal system on a lot smaller than 2'h
acres.
Section 8.03 Lot Sue and Requivements
(b) Lot Size Requvements
fC) Los served b~~ individual water wells shall be a minimum oC 2'/z acres.
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