j s~.zc~3 PUBLIC NdTICE dF PROPdSED AMENDh1ENT Td THE RULES dF f~,rRR CdUNTY FOR PRTVA"fE SEWAGE FElCTLI7IES The Camrnissic~ners' Cc~~_trt of Kerr Ca~.~nty prc~p~,~ses to arnend Sectic~n(s] 1; ~. G`. ; c. (.~,=,. ; 4. U1. t4] ; 7. C>`. (4] ; E~. C~3. (b] tc> c+f the Rules ~!f I'.er^r' County far Private Sewage Faci ]. it i.es. Written carnrner,ts cor,cer^r,ing the proposed amendrnents may be submitted tc~ Danny Edwards, County J~_~dge, I:err Co~_inty Ca~_~rthause, 7C~0 I'rlair, Street, Kerrville, Texas 75~3~8, t~i'c:] ;?57-E711~ ur,ti 1 :~~~ days after the date cif this not ice. The Cornrnissic~r,ers' Ca~_~rt will car,sider the adc~Pti~=~r, ref these pr^oposed arner,dn~er,ts na earlier than 3i days after the date cif this notice. CHAPTER 1 - Definitic~r,s "Licer,sir,g Author^it_v" - is proposed tct be arner,ded to designate the N.err Cc~t_tnty Environmental He~.~ith Department as the Licer,sir,g Authiorit_y. "Licerlsirlg Authority" rnear,s the Kerr Cat_~r,ty Env i rr~r,rnertt a 1 Hea 1 t h Depart rner,t { KCEHD) or^ other Admir, i st rat i ve Agency t t-,aj: has been designated by the Cr_ihrrt11551!~ner5~ Gc~t_~rt in Chapter 4 of these rt_~les tc~ t-iave the duties and powers to adrnirlister ar,d er,fctr^ce these R,_iles. CHAPTER c - Establ ishrnent and General Prc~r,•isiar,s Sect ior, ~. ~?~. i s pr^c tpc~sed t c• be arner,ded i r, c ~r^der^ t ~ ~ c I ar^ i fy the pools of the }'.err Caurrty Er,vir^ar,rner,tal Health Departrnerlt. Sect ion `. ~?~. Pt_~rpc use The puroc~se cif these Rules is to aba•Ee ar prevent pG11Ut].C~Y, ~~f the St_tT'1'aCe ~~r^ L,]Y^aur,d 4vatLrS, 4r In1,_tY^}' to the public health inr:err Gaur,ty, Texas. Section ~. C?3. Area cif Jurisdict i~~rl {b) is prc~pased tc~ be deleted because the incur^~?c~rated cities cif Irloran; and Kerrvi 1 ].e are' adc~p•~ my their ~~~wn Private 5ewaq_e F'aci 1 ity Grcier~>. tb) These Rt_ileed t a be amended t o r^ec~ t_, i r••c t: he }':err Cc~t_~nt v Env i r• ±nrnent al Health Depart rner~,•v t r:: make m~ ~nt!-r 1 y repc~r~'5 to C4rnrnlG•51~=~Y,er^5g C~~t_Lr^t 1rlStecld cif 5ernl-anY,t_ta1 reports. :.,., ?1 Duties and Pc~wer~- t 4) T c~ rilaKe rilan'1: h l Y report s t C' the CGrn071 551 riner5 9 L~ ~Llrt ~_iYl all aCtl~~nS~ 1Y,C1UdlY,l:} legal aCtl~!YtS. tc\Kerl C~_~nC[?Y'n1Ylq these Rt_~les. -1-- CHAPTER 7 - Develc~prner+t and Operatic+r, f2eq~_~iremer,ts Section 7. C~ ie) is grope+sed to be added tc~ ai is ~w an except is+n tc+ the perrnitt ing and 1 icer,s•ir,g r^eq~_~irements fc ~r^ a single residence c+n a land tract that is c5 `,cres cm larger. The Camrnissic~r,ers' Co~_~rt feels that if the req,_iir-ementu o-i= this exempt is+r, are fc+1 1 awed there wi 1 1 not bF• ar,y cor,tanrinat ior, of thr~ s+_irface or grc++_indwater. ~. C>~ Permit to Cc~Y,str^uct {e) This sectir_+r, does nr_+t apply tc+ ar, r_m-site SeWr~gE? disposal system +~+f a single residence that i<.~ located c+n a 1 ar,d tract that i s ~:5 acres c,r 1 ar^ger~ i r, wt-~ i ch the field 1 ir,e c+r sewage disp~.+sal 1 ir,e is r,c+t clc+ser^ than 15U feet of the pre+perty 1 ir,e. Eff i ~_tent fr^orn the c+r,-site sewage dispc+sal system ~•r, a single residence must be retained withir, the specified 1 units, a n,_-isance may •r,ot be created, and the gr^oundwater may not be pal iuted. ir, c+rder^ to pr^•.+•tect the grc+~_ir,dwater, tr^er,ches c~r^ abs~ +rpt ic~r, beds may nc+t be dyr,arnited ~_~nless it is ir, cc+r, ~unct is+r, with ar, er,gir,eer^ed desigr, by a register^ed sar,itar^iar, c+r^ registered engineer. CHAPTER B - S~_~bd ivisic+r,s Secti+.+n B.C~` {a) {vi) is pr••c~pc+sed to be amended in c+rder to adc+pt the p~_iblicati.c+r, "G,..iid~_^ t,=~ Sail S~_iitability fc~r^ ur,-Site i.Jastewater Systems fc~r t•:err C+~+~_tr,i.y, Texas" {~. L. L-ar^i? ie, May 1988) . The Lornmissi+_+ner's Co,_~rt feels that this "Guide' helps the Iaymer, taetter ~_ir•,derstand the types of sails in ~:err^ Co~_tnty and types o1= disp~_~sal <_~~•sterns all+.-_~wE~d in each sc~ii resc+urce Rr^~_+Ltp. SeCti.C+n ti.t~~~ -• M~~7R1].Cat•lc+r, {a) {vi) Sc+i l pr+~+fi 1es, as classified by the 5c~i l Survey c+f I'.err Co+_~nt_y, Texas. The publication "G~_~ide tc. Sc+il Suitabilit_y f~~~7-^ C1 r,-SitEa Wastewater^ Systems fc+r i':err Cc ~~_inty, Texas" {~, w. Car :L i 1 e, I'+lay 19138) shat ]. be +_,sed in deterrninir,g the apprc+priatc r_~n-site systern_. fc~r each speci•Fic sites. If r,c~ s~_~itable site exists f.+r•, +_+n-~:ite waste disposal, the licensing a~_itt•ic~r••ity shall grant c+r-- deny a permit tc~ cc~r,str•,_~ct can t•he.~ basis cif al.l. relevant fact+_+r•s. Sectic+rr 8. r~~~ i b) i A7 i s pr^c+pc+sed t c~ t'ie amc-~nd~~d t c~ ri,aEt.E~ 1 cat t~ served by a p~_iblic water systems a minir,,+_~r,: +::~f 1 acr-•e.. The Camrnissic~ners' Cr,~_~rt feels that becczusca ~_.~ver r~~~;•: of the s~~~il=. In t{err l.:c~~_tnty ar^e nc~t Sllltable f+~~r^ C~OY,VE'r,tl~~+nc't.l. C+'r',-S].te waste disp• ~sa1 systems and that the terrain +.+f Kerr Cc+~_tr+ty can rnak.e installetic+n c+f alternative waste di=_;pc+~,al systems ar+ small lots pr^c+hibitively expensive ar^ physically irnpc+ssible, lc+t sizes she+~_iid be inc_r^easecl. Sectic+n A.Cr;; Lat Sizes and Req~_tirements tb) Lc+t Sipe Req~_tir^ernent5 {A) Lc+•ts served by a p~_tbl is water system shall be a rnir+inn_trn c+f :. acre. Sect i +_+r~ ~1. G3 t b) (D) i s prc+pc+sed t r_. be emended t c+ increase t t-~e size of lc+ts served by i.r+da.vic:i+aal. wi~ter•~ werll~:s. tc+ 2 1/~' acres. The Cr_,mrnissic,ners' Gc+urt feels thet beceuse the State requires a 15c i feet radius sanitary easement arc+~_tnd every well, that it is gener~iily nc+t feasible tc+ have a private well and ar, r_+n-site waste disp,_+sal system ++n ti 3c+t srnal.ler than ~: i /~ ages. Sectic+n 6.L~3 Lc+t Size and Req~_rirements (b> Lc+t Sire Requirements tC) Lc+ts served by individ~_taI water wel is shall be a mini.rn~.vn r_+•F ~ i/;=: acres. 52.LEGALNOTICES 52.LEGA ~TICES 52.LEGAI,NOTICES ~ ~~~ PUBLIC NOTICE OF PROPOSED AMENDMENT TO THE RULES OF KERK COUNTY FOR PRIVATE SEWAGE FACILITIES The Commissioners' Court of Kerr County proposes to amend Section(s) 1; 2.02.; 2.03.; 9.01. (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, Kerrville, Texas 78028, (512) 257-6711, unti130 days after the date of this notice. The Commissioners' Court v<~ill consider the adoption of these proposed amendments no earlier than 31 days after 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 in Chapter A of these rules to have the duties and powers to administer and enforce these Rules. CHAPTER 2 -Establishment and General Provisions Section 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 Jurisdiction (b) is 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 under these Rules. CHAPTER 4 -Duties and Powers Section 4.01 (4) is proposed to be amended to require the Kerr County Environmental Health Department to make monthly reports to Commissioners' Court 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 7 -Development and Operation Requirements Section 7.02 (e) is proposed to be added to allow an exception to the permitting and licensing 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 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 25 acres or larger in which the field line or sewage disposal line is not closer than 150 feet of the property line. Effluent 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 ground~•ater, trenches or absorption beds may not be dynamited unless it is in conjunction with an engineered design by a registered sanitarian or registered engineer. CHAPTER 8 -Subdivisions Section 8.02 (a) lvil 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, May 1988). 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 la) (vi) Soil profiles, as classified by the Soil Survey of Kerr County, Texas. The publication "Guide to Soi! Suitability for On-Site Wastewater Systems for Kerr County, Texas" IB.L. Carlile, May 19881 shall~be used in determining the appropriate on-site s•stems for each specific site. If no suitable site exists for on-site waste disposal, the licensing atttiiority shall grant or dem• a permit to construct on the basis of all relevant factors. Section 8.03 (b) (A) is proFu_ed to be amended to make lots served by a public water systems a minimum of 1 acre. The :,ommissioners' Court feels that because over 70rc of the 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 o;: small lots prohibitively expensive or physically impossible, lot sizes should be in- creased. Section 8.03 Lot Sizes and Requirements (b) Lot Size Requirements (A) Lots served by a public water system shall be a minimum of 1 acre. Section 8.03 (b) (D) is proposed to be amended to increase the size of lots served by individual water wells to 21/z 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 s private ~•ell and an on-site v,~aste disposal system on a lot smaller than 2!•z acres. Section 8.03 Lot Size and Requirements (b) Lc' Size Requirements lC) Loa serve:? b~ individual water wells shall be ; minimum of 2'iz acres.