/7 ~~~ riTNU-f.e_~, Gf-.. I"riC_. Goal-=h~liS_:~Irrr•,r.:.t+S ,.,i~..l,t ~~r- KEfdH CCiI~i•d-i'v„ iEZfi THE: Sl`t-~Tf=: GF TkxFrt CulJivTY L)r= t:~fdfi I ne? {_.(irnrlliss][,YI C. r'•Sr L.;,'_44Yt of" r', E?t"r' L..~,lt Ytt 4', IF'>(i:Ft_, cnrrvenea i.n rey~.rlar sessic:rr, sift .rig a~~ t~-rt:' u"~.•erninr body of Kerr Co~_rnty, texas, a~t ti"re;+ Y,err Cro,_frrty L,!~i.,or•th,;,_lre ,.n ~tnec City ~,f i:er`rvilie, l"exas, !.n i. hie $~ hay cif February 1988 , with the f"].:Inwinn rnE?mt:rer:> r_',rca-:;e'rit, t~, wit: Uar'iny E. C7War•C7=, i_Cn_1 r'wy JCt [i^e rrr=d t-I~~liarrd, G_irnmiser.,~rr~er, Pre,~cir~ct 1 I=+ii1 Rav, i:.~,rnmissior~er, I'reci.r~c:~i. ,_ Victor Licri, Gc,rnmissioner, i~r~ec:~i~nct .; H. A. baldwir-~, i:;~_nnnn~,s:u:ner. f~r•~=E:~i.nr•t 4 I-rat7`1 C`11 DY@, L. Celt Yrt y' (., .i 8t +, and the f~,L:lowinn rnemoe'rts7 <_ads~=nr.., c,:; wr.t: None when ti"~e 'F'ollowinn G~.rs:iness was tr`ansac~ted; Cornmissi~iner" Lich i.ni;r`oc7~_rcec.i an i:ir-~E1er anrJ rrlade a rnoti.on tna the carne oe ado[ated. i~~_,rnrrl~issiorrFer - ~~eeonoec7 '.he hurt :ion ror aca ,:,n f;; i,-,rr ~~t the frder. The. rtr~rti~*r,, carrying wii;F-, it the adont:ior"r c;F tare urcier, prcvai. ied dy tf~ie rr.i 1ow:ir-~Ea v~_,te: fir''r.`_9: ~~acussioners Ray and Lich and County Judge Edwards NuYESa Ccermissioners Holland and Baldwin The La~~.tnty J~~.rdne ~t r~ere~.r!'~on arrnnLrr~ce:u tr,ai: tt-rc: Clrrie r• r'i«sd bE?er~ d~.riy and-Lawf,.rl.iy adr;uted. lnc: ureter` th~.~.:> ,aa~~otec~ {',:,ilr_~w<,:;: ORDER NO. 17732 ~.~.. UH )k. { 1-11.)... i~i~Vb K~it...i:2i Ur- Kk_KK C,G~_7 i'JTY, , t: Xi-~t~ f- ti F"t Ak.1:Ui=1`F' ~3Eii,'ai~F:_ f•~,=t(::;ii_.i'1~If3E3 wHEkERS, the 'i~er,as u<-apar•~trnent nr r;c:3.ti:l-, <:a'nc. i:,rte Tkr;cas Et„ard r,f i-iealth have estaolisrted tor,=_tr~~.ct:ion :::tar,ciarcis: t!~r private sewax~e faczixt zra try ~~r,.:,vicie t!'n:? c:zt i.zer`,s ._. f` tI-t i.s 5't ate with ade?q+_teate p,.ttrlica he~aith C.+r<:rtect;icrn ar,ca a rnir;:irru.un .:::.i anvirc~nnterrtal pr.li,.rL-z~.'~n; ar,d WHERER~, th}ea Legi.slat,_tre rta=~:: enacted lc-gi.slati.on=.~ cr_~ci-- i~ xed as ..pct iorr ~E. Cr~:r' of Vr~=rnc~r,' ~, ! ex:-is Watr:=r t.r_~cc. Rnrnatated, wh:icii a+.tthor^3:_eS the C.rmmi~;si_rrre+r=;+G.:r~_rr'•~t ..r any C:r.,,_tnty to eater" an orcier, res~ai.,.N.icrr-,, :;r ,::,the:, r• r,_trc> *.o :~I:;ate cn- prevent pr_", Vcrnr,n's l'exas Water Ciade r=~r,nc,tated zznd Rr~r:ic:}.e (.;~_',~;--i`; or= err,r_,n s ,exas Revisc~~d t~zvzl Stacu'tes Nnncxcier~e.d t:rv {:hci r C,_,rnmxssir_r,ers Cnr.tr~t ~,~(~ F:er'T^ C~ra,.tntd, l'E?ua=:° anti Wt-I[-SRE=aS, ttre l:ornrnissi.n '- _ner= Gr,i_rrt cif t•;er-r r.,_n.rrrty, Texas; finds that Lyre ,_rse of private sewacte i~tac i.li.t ies_, tr. r.err L~r_rnt y, ..I~ex asr i~~ c:a,,tsi»q ar may r. ar ,.rse uo17. ,_rLior., ar,d i.s in..tlrr^ing crr may inrr_rre trot-r p,.rh_.ls f~eaitr'i; and Wt-IERt'AS, tare Gc~rnmissionE_•r~s' C~ri_n^'t _~~ Ker"r i:::r,~_rnty. 7-exas, has cr~nsider`ed tyre matter arui deem=_; tt apl.rrr.,i:~rira(= t~~ adript tip"rl.es regulating private sE-waoE_' ¢'aE:'ilitiers tr, atraite nr prevent pul L_r t-ir~n, r_,r in._7 ~.xr•V to p~_r }~l.ic hrealth t.n f:E=rr• f_. c_~_tnt y, 'texas; NQW, 7i-IEREFl:7RF_. $ES T1 iJ~LikRE:.~D. Au~7UliCa~D„ llE=C:FdL=ED, RE~ULVEli, f-UUND (31Vi77 i~EIE_Ri'RSf.1i_[J kY TF3f= i:nntrtl~~l[7r.I~r<3' ~;C7lltai' ui N,EfdR GVUIVTY, Ir_X4-i.j, S1"I""iIlv~; ri•~ `t"r~if= %~OVrNNINii E3Lif:Y' i:if= r,f:Ri3 C;OUIUI'Y, '1'EXfa~3, that: tl) "I"he matters and facts rec:~:ited i.rr ~t:nE~~ prec.m6le hereof are hereby f-~~und anti deter•rninc.d i:~:, t:, (= tr~_u= :anti CgT'T"e L't ' tc) The ~.rse ni= private =>ewai_yea fa:+.c:ilities :tn r:r>rr i~r_,_(rrt y, ~i~exas, is ca+.+ssng .ed cc~uv c,t tnis L.irde=r• cnrtd >aici K,..U.c-a ar~ci =subnitt t:;.~{;n to 'the )-E'xaS Wager t._ornrnission f,:~r their aar ii-tern ~'+C7f-2rr~vr,.f 'th G. 7•enf~7 (vi I~h E' Lrn_i Y,$y (1 .I. e'r`k. _. 41~ Yier"r' l;,_,ut'ttV is at.lt Ti rrt'2 <: C3b t0 pubi.ish this (ar`der and TP7esr= R,.tlca :L r, the Ker't^v ).lle nir,;,antr,¢~=ci i.n Ker,. Cc,ur,ty, IeY.aS.~ after- trte it: anlar>ar-~ ~_,f r~eci>rct irr .....__.....---. _.._...._ ......----..._.__....-.- ................_, trio hiinu~tes of said i~~~urt, 'Jc~l,arne _y r7aur= .__..._......._ and is a true and cc,rrert cc~~V or sai.n iY!i. n,.ttecs. GiVEhI ~i hluEr Mr riRNti Giuu ti l.a, i.. (iF i.]F i~~-ll:E, tnls day oi= , (SLALi _.. _... . C_~unty CLeYr< a cer'C~1f iFd c!~u`: ~_~~, is rii°5 i!r:7 c'dr e,rid said Fa.r1 e=. arcs] _~_tUnui :'..c L-1-r t~~ the= tE'Xa_• l4dCEl r' l-i iln^I1 S5_lr=fi 1'~~r^ tl"i C':t^ Wr 11, t, rir~ dpnr ~.,eci tnc~rec.f ~ f`,7 The t,u~.rnty Cieru, c,f F:err E1~.~~sr~ty is a~.rtt-~~rrire-d tc~ p~.rbiish this order and thu~se Ri_ries in the Y.errville h1o~,.intair~ 5~.rn, a r~ewspaner of generail circ!;latic~r~ p~.rk:,lisneu in H,err• Lr~i_rnt y, Texas, after the same are apprr_~ved by toe. Texas c~rrnmission, if required, and t6/ -('he R~_rlcs attached and ac]bc:nded hereto are incur-- prorated herein as th~~i_rq_h tally set f?~rtl-r in writing it-. this urd er-. TNE= STRTr OF TEXRS CullN~i Y OF l:ERR i, Patricia Dve, lJC,~.rr~ty Clcru. Of f;err Gour~ty, dc. hereby certify that the above and fc,reooing is a tr~.re. ar~d correct copy of an Gr•der rnade arrci entered by the G,~mrnr.ssioner•s' Lo~.rrt i~n r•eo~..rlar• sessir_~n, nrt the _8th day _,f Febrslaxy._l9$$_______.________,_. as it appears ...f r•ec~,rd ~cxk~e as manifest and is a true and cur^rect copy of said r+lin~_rtes. GIVEN UNDER ht'Y t-iRND RND '~ERL. iiF i]F4=Ii:E, this 10th day of _._February 1988 ._ ~SLRL) PATRICIA DYE By ~~m-z. _ i:,-,~_rnty--"G e-i. "and-Ex=officio-"~ orot y - e>_ r Clerk of t{ie Commissioners' Court epu' of Kerr County, Texas ~~n~ ~ /79~~, ~" . _ -~ ~lpuo2r~~ /SPA PROPOSED ORDER "_ ®~ RULES OF I:ERR COUNTY, TEXAS FOR PRIVRTE SEWAGE FACILITIES CHRPTER 1. DEFINITIONS CHAPTER 2. ESTABLISHMENT AND GENERAL PROVISIONS 2. Ui. Ruthar-ity 2. U2. P~_rrpose 2. Os. Area of Jurisdiction 2. U4. Effective Date 2. U5. Iricorpor•at ion by Reference 2.06. Construction, Precedence, and Interpretation 2. U7. Severability CHAPTER ~. ADMINISTRRTIVE PROVISIONS ?. U1. Except iari 3. U2. Rppeal 3. U3. Notice 3. 04. Fees CHRPTER 4. DUTIES RND POWERS 4. U1. Duties and Powers CHAPTER v. LAWFUL DISCHARGES AND REt~UIREMENTS S. U1. Lawful Discharges v. U2. Requirernents CHAPTER 6. DEVELOPMENT OF ORGRNIZED DISPOSRL SYSTEMS E.Ui. Connection to Organized Disgcsal Systems CHAPTF_R 7. CONSTRUCTION AND OPERATION REQUIREMENTS 7. U1. Requirements for New Private Sewage Facilities 7. C>2. Permit to Construct 7.03. License to Operate 7. V4. Special Requirernents for Institutions 7.r)5. Special Requirements for Aerobic Systems. Collective Systerns and ot her Alternative Syst enrs CHAPTER 8. SUBDIVISIONS 8. U1. S~.ibdivisior~ C~~ristructian Authorization 8. U2. Application 8. C>3. Not ice -i- ~- CHAPTER 9. ENFORCEMENT 9. O 1. I nforrna 1 9.02. Criminal , 9.03 Civil 9.04. Failure of Licensed Facilities CHAPTER 1 DEFINITIONS The fallowing words and shall have the following indicates otherwise: terms, when used in these Rules, meanings, unless the context clearly "Absorption Unit" - Any strbstrrface system that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent fr^orr a wastewater treatment unit. "Atrthor•izatior~" - A Strbdivisior~ Construction Authorization as required in Chapter 8 of these Rules. "Commissioners Court" - The Cornrnissioners Garr^t of Y.er^r County, Texas. "Dedicated Waste Disposal Ar-ea" - Means an area which can not be covered by impervious materials, used far parking or other uses which may adversely affect the evaporative or• absorptive capabilities of the system. "Evapc,trar,spiratior, Ur,it" - Any strbsur•face system that primarily relies on evaporation and plant transpirati_~n to dispose of effluent from a wastewater- treatment unit. "Existing Private Sewage Facilities" - Rny private sewage facility that was in use or, 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 cor~diti~?ns; or is not substanti-ally modified after the effective date of these Rules. 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 cor,cltrsively presumed to have been in Ilse or. the effective date of the Rules. "Feasible" - Capable of being dome or carer^ied o,_rt by a pr•,?perty owner- without the necessity of eight of way purchase or' otherwise asstrrnirig respar~sibility fore construction and/ore maintenance of utility lines on or across another' s pr^o pert y. "Institution" - Ariy establishrnerit other than a sir,ole family residence. "License" - A License to Operate as required by Chapter 7 of these Rules. -3- "Licensing Ruthority" - Means the Upper Guadalupe River Authority or other administrative Agency that has been designated by the Cornrnissioners,Court in Chapter 4 of these Rules to have the duties and powers to administer and enforce these Rules. "Mobile Horne Park" - Ar~y facility or area developed for the lease or rental of two or more mobile homes. "New Private Sewage Facility" - Any private sewage facility that does not qualify as an existing private sewage facility. "Nuisance" - Ar~y activity or• condition that is or tends to be, in,7ur•ious to or adversely affects human health or welfare, animal life, vegetation, or• property; or interferes with the r~ornral use and en,7oynrent of animal life, vegetation, or property. "Organized Disposal System" - Ariy publicly or privately owned system for the collection, treatment, and dispr_,sal r_~f sewage that is ~?per•ated in accor•dar,ce with the ter•rns and ccmdit ions of a valid waste discharge permit iss~_ted by the Texas Water Cr_,avnission. "Permit" - A Permit to Construct as required by Chapter 7 of these Rules. "Person" - Any individual, corporation, organization, government or• governmental s,1bdivision or• agency, business, trust, estate, partnership ar~d any other legal entity ar• association, including, but riot limited to, owners, developers, installers, operators, or any other person responsible for-'the construction, installation, or operation, of a private sewage facility. "Pollution" - The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of any water in the State that renders the water harmful, detrimental, or• in,7urio,as 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" _ R11 systems and methods used for the dispr_,sal of sewage, other than organized disposal systems. Private sewage foci 1 it ies ar•e usually conrpc,sed of three unitsq the generating unit (the residence, the institution, etc.), the treatment unit (septic tank, etc.), and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapotranspirati~ryn bed). -4- ,_ ~__ "Proposed Individual or public Water Supply Wells or Systems, or Proposed Organized Disposal Systems" - Any such well or system for• which the owner ar operator has entered into contractual obligations, which cannot be cancelled or modified without substantial Lnss, for the construction of such well or system that will 6e completed within a reasonable time. "Sewage" - Waterborne wastes that are primarily or-ganic and biodegradable or• decomposable and that generally originate as human, animal, or plant wastes from domestic activities, such as washing, bathing, and food prepar-ati~on, and certain retail or cornrnercial activities. "Single Family Residence" - A single family dwelling or mobile home. "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 Baar-d of Health, pursuant to Article 4477-1 (sec. c3(b)>, of the Texas Revised Civil Statutes Rrmotated, as Texas Department of Her.lth Rules 3U1.73.93.nrjl- .9C~3 and which were c~rigir~aily p~_ibiisned in 2 Tex_ Re r._ 4979. "State" - The States of Texas. "5ubdivisiori" - 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 as defined by the Kerr County Subdivision Regulatir_~ns; ar mobile home park.; or• any lot ors tract used or- intended to be used for multifamily dwellings, including specifically but not limited to apartments, d~_rpl~xes and condominiums, "Substantial htodification" - An increase in the size or use of a private sewage facility~s generating unit A person desiring ar, except inn tc~ any requirerner,t of these Rules shall file a written request with the licensing authority stating: <2> The nature of the exception requested; (2) The reason that Justifies the granting of the except ion; ar~d (3) Any information that the licensing authority reasonably req,.~ests. (b> Within thirty <30) days after the receipt of said request, the licensing authority shall review the request and reply to the applicant iri writing either granting or denying the request. If the request is denied, the licensing authority shall include the r•eas,~ns for denial in the reply. 3. Crt. APPERL. (a) Any person aggrieved by an actior, or decision of the licensing authority made hereunder may, within thirty (3G) days of the date of the document giving notice of the action or decision, or• within thirty (3p) days of the actions, if no document is given, appeal to the Commissioners Court. (b) The appeal shall be initiated by filing a written obJecti~~n with the Clerk of the Commissioners Court. The written obtection shall state what the cornplair,ant 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 cornplair,ed of actior, or decision, or a written statement of the complained of action or decision, if no document was given, shall be attached to said written ob~ectior,. (c> When an obtection is filed, the Clerk of the Carnrnissioners Court shall notify the County Judge who shall place the matter on the Agenda of the Cornrnissior,ers Court for• review at the next meeting of the Commissioners C~~urt, that is at least ten (16) days after the date of the filing of the obtection. The C1er•k of the Contntissioners Court shall notify the licer~sirig authority ar,d the cornplainarit that the matter is on the agenda. -9- (d> The Commissioners Court shall review the matter and consider such irrforrnation and evidence that the Commissioners 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. 3. G3. NOTICE. Any notice regr_rired to be given pursuant to these Rr_rles shall be considered given by depositing same in the U. S. Mail, postage prepaid, and addressed in accordance with the information given by an applicant or• complainant. 3. C~4. FEES To defray the reasonable cost of administering these Rules, the licensing authr_:rity shall req:_tire fFes to be paid ire accordance with the sched~_rle established from tune t~ ~ tune by the Commissioners Court. Such fees shall be paid with the filing of an application fr_:r• a permit, license, or• authorization; a written regr_iest f:~r an inspection or• exception; or an appeal. 3. v5. LICENSING OF INSTALLERS. (a) No installer may cornrnence or proceed in any manner with the construction or installation of, or a substantial modification to, a private sewage facility without first having obtained an installer's license from the licensing authority. (b) Licensing procedures shall be as follr~ws: (1> In order to obtain an installer's license, an installer- shall matte application to the licensing authc:r•ity arrd the licensing authority shall provide the installer- with a copy of these Rules inclr_~ding all current amendrner~ts and all applicable State Laws. (2) The installer, upon demonstrating a knowledge of the Rules and Standards, and appropriate health laws, shall be issued arr installer's license. -lr>- (3) An installer's license fee as determined by the Commissioners Court shall be submitted along with an application. (4> An installer's license is valid for one (1) year from the date of issue and must be renewed annually. A fee will be charged For renewal. (c) The licensing authority shall keep available a current list of licensed installers. (d> A lice»sed installer shall directly supervise and be held accountable for the proper installation of all private sewage facilities installed under his authority and pursuant to his license. (e) A licensed installer shall be responsible fc~r- good workmanship practices and for following these Rules in the installation of all private sewage facilities installed 6y hirn or- under his authority. (f) Suspension and Cancellation. (1) Gn a showing of good cause, the licensing author-ity may suspend or c~ricel an installer's License. Grounds for suspension or cancellation of arr installer's 1 icense include, br_rt ar^e not necessarily limited to the following: Installati~~n or- alteration of a pr-ivate sewage facility withorit a valid permit to censtr•uct having been issued by the licensing ar_rthor-ity. (&) Significant alteration or removal of, or damage tre a new private sewage facility after the licensing authority's final inspection thereof. Whenever it appear-s to the licensing authority that a licensed installer has violated or^ is violating any requirement of this section 3.05, the licensing authority shall provide the installer with at least ten (10) days written notice of a hear-ing to be held for the purpose of consider^ing the suspension or car,cellatiorr of the installer^'s license. Following the hearing, the licensing authority -11- __ ._- shall provide the installer with written notice of its decision, and shall include therein the reasons for any suspension or cancellation. (Note: The appeal procedures specified in Section 3. G2 apply to this decision without further mention in this section). (3> Violations listed in iterns (a) and (b) abr~ve may result in cancellation of the license. An application for a new license may not be made for a per^iod of one hundred and eighty (1B~>) days after cancellation. Violati%~n of iterns (c) or (d) may res~_rlt in license suspensi~~n for a period of sixty (66) days. After (2) suspensions of a license any further vir_,latic~ns may result in cancellation of the license for- at least one h~_rndr•ed and eighty (18u> days. (g) A proper-ty owner who installs his/her• own private sewage facility shall be exempt from the requirements of this Sectiar~ 3. U5 provided however that the design and installation shall be under the dir•ectir_,n of a registered sanitarian or licensed professional engineer. 3. OE. LICENSING OF SEPTIC TAhll{ PUMPERS. (a) No person engaged in the business of septic tank pumpino may commence or^ proceed in any manner with the r^ernoval of effluent, sludge or• ariy other- matter from a private sewage facility without first having a Septic Tank Purnper•s License from the licensing authority. (6) The procedure for obtaining a license shall be as follows: (1) A person desiring to became licensed as a Septic Tank Pumper shall make application to the licensing authority. (2) The application fcr Septic Tank Pumpers License shall be accompanied by a fee to be set by the Cornrnissioners' Court. (3) The licer~sir~g authority shall issue a Septic Tank Pumpers License to the applicant upon the applicant's dern~~nstr•atior~ to the licensir~a authority of a knc+wledge of these Rules, Standards and applicable State laws. (4) A Septic Tank Pumpers License shall be valid fcir• one (1) year from the date of issuance. A fee to be set 6y the Comnrissioriers' Court shall be charged for• renewal. -Ic- (c) The licensing author^ity shall keep available a current list of licensed Septic Tank Pumpers. . (d> A licensed Septic Tank Purnper shall directly supervise the pumping and/or^ removal of effluent, sludge or any other matter from a private sewage facility, and shall 6e responsible for the proper rerrtoval and disposal of any effluent, s1,1dge or^ matter so removed. (e) A Licensed Septic Tank Purnper shall maintain a waste hauling log book and submit monthly r^epor•ts of his activities to the licensing a~_,thority. (f> Suspensir~n and Cancellatiott. (1> On a shawir,g of good cause, the Iicensing authority nray suspend or cancel a pumpers license. Grounds fer susper~sior, Or• cancellation of a pumpers license include, but ar•e not limited to the following: (A) Dispcsirrg of septic tank sludge and effluent in an unapproved manner. (£t) Repeated and documented fa~_,1+,y workrnanshi? in connection with the pumping of private sewage facilities. (C) Any other- violation of these Rules. -13- CHAPTER 4 DUTIES AND POWERS 4.01. DUTIES AND POWERS. The Upper Guadalupe River Authority is designated by the Commissioner-s Court to 6e the licensing authority for these Rules and thus have the duty, and necessary powers, to adnrinister^ and enforce these Rules. The Upper Guadalupe River Authority as the licensing authority, shall have the following duties and necessary concomitant powers: (1> To enforce these Rules and to make appr^opr•iate recommendations to proper Co~_rnty authorities when instances of rioricornpliance with these Rules have been determined. (2) Tr, make inspecti~~ns of arty existing pr^ivate sewage facilities, when requested or• required, ar~d ail r~ew private sewage facilities. (3) To collect all fees set by the Cornnrissi~~ner^s Cc~ur•t as necessary to recover the reasonable costs inc_rrred in meeting the req~_~irements of these F.~_rles. (4) To make semi-ann~.ra2 reports to the Commissioners Court on all actions, including legal acti~~ns, takers concer•nirig these Rules. (5) To develop the necessary procedures, including development of application forms, and establishment of reasonable record keeping t~~ car-r•y out the functions of these Rules. (6) To perform all other duties necessary to meet the requirements of these Rules. -14- CHAPTER 5 LAWFUL DISCHRRGES AND GENERRL REQUIREMENTS 5. G1. LAWFUL DISCHRRSES. After the effective date of these Rules, only the following types of sewage dischar^ges shall be lawful: (1) Sewage discharged into an organized disposal system operating under a valid permit issued by the Texas Water Cornrnissi~~n. (e) Sewage discharged into a private sewage facility designed, installed, licensed, operated, and maintained in accordance with these Rules. (3) Sewage discharged into an existing private sewage facility that is in use ors the effective date of these Rules, that has not been substantially modified since fire effective date of these Rules, and that is oper^ated and maintained in such a manner as not tr_. cause pollution, a threat to the public health, car n~_iisance cnr~ditions. 5.i~e. REQUIREMENTS. (a) No person, except the per^son owning or having the right of p~~ssession and use of the parcel of land upon which a proposed pr^ivate sewage facility is to be located, may apply for a private sewage facility permit or^ license. (b) The design, construction, and installation of any new private sewage facility and the maintenance of any private sewage facility shall, at a minimurn meet the requirements set forth in the Standards. (c) No person may cause, suffer, allow, or perrnit the construction or installation of, or a substantial modification to, a private sewage facility unless a permit therefor has first been issued. (d) The construction, installation, modification of a pr^ivate sewage in accordance with the approved of the per-m it issued therefor^. or substantial facility shall be made design and requirerner~ts -15- (e) No component of a private sewage facility shall be covered until an inspection 6y the licensing authority has been made. Provided, however, absorption trenches or beds, or evapotranspiration beds may be partially backfilled, 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 the these Rules, the Standards, or other special conditions specified in the permit. (f) No per^sori may cause, suffer, allow, or per•nrit the open^ation or use of a new private sewage facility unless a license, or necessary license arnendrnent therefor, has first been issued. (g) No persor~ may cause, suffer, allow, or per^rnit the construction or installation of a private sewage facility on a lot or tract that is smaller^ than that required to meet the requir^enrents set forth in the Standards. Provided, however, on lots existing prior to the effective date of these Ri_iles, a private sewage facility may be per^rnitted t~~ be constr~_rcted on a lr_,t smaller^ than one half acre, if it is denronstr^ated 6y a thorough investigatic,n that a private sewage facility can 6e operated without causing a threat or harm to an existing or^ proposed water supply syst ern or• to the public health, or the thr^eat of pollution or' nuisance cord i t i ores. (h> The effluent fr^orn a private sewage facility, whether using a aerobic or anaerobic treatment unit, must be discharged into a proper^ly designed and constructed abs~~r'ption or^ evapotranspiration unit and shall not be discharged to the gr^our~d surface or^ into or^ adjacent to any water in the State. (i) Infection wells, pit privies, ar~d cesspools used to dispose of sewage, and any system utilizing naturally or artificially pr^oduced holes, cavities, or dr^illed wells to ease the disposal of sewage are specifically prohibited fr•orn being installed and licensed. (~) No person pray ca~_rse, suffer, allow, or per^nrit the maintenance of a private sewage facility in such a manner as to cause, or^ as may tend to cause, pollution, in,)ury to p~_r61ic health, or nuisance conditions. (k) The licensing authority shall not issue a permit for the installation of a private sewage facility until a plat of the building lot has been appr^~~ved by the -1E- Cornrnissioners' Courts and filed for record in the office of the County Clerks unless said property has applied for and received an agricultural exemption frorn ad valorem taxation. Prior to issuing a permit the licensing authority shall ascertain frorn the Co~_rnty Clerk that the prop~~sed building lot is a lot in an approved subdivision or that it is required to be piatted~ or that it is excepted from the platting requirements. -17- CHAPTER 6 DEVELOPMENT OF ORGRNIZED DLSPOSAL SYSTEMS 6.01. CONNECTION TO ORGRNIZED DISPOSAL SYSTEMS. In order to inrplenrent the stated policy of the legislature and the Texas Water• Cernrnission to encourage 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 and enhance the quality of water iri the State, the following requirements ar•e made: (i) No person may ca~_rse or allow the installation of a private sewage facility when any part of the prt~perty to be served by the private sewage facility is within 3irp 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 nretg (R) The per•=_~~n has received a written denial of service from the owner or governing body of the organized disposal system, or- Whenever an organized disposal system is developed within 3pq feet in horizontal distance (measured on the closest practicable route) from any part of a property that is served by a private sewage facility, that facility shall be connected to the organized system within 1~0 days of receiving notice from the owner or governing body of the organized disposal system that capacity is available, unless one of the requirements set forth irr subsections (1>(A) or (1)(R> r_~f this section has been nret. -18- CHAPTER 7 CONSTRUCTION RND OPERATION REQUIREMENTS 7.01. REQUIREMENTS FOR NEW PRIVRTE SEWAGE FACILITIES. (a) A permit to constr^uct must be obtained frorn the licensing authority prior to cornrnencing the construction or installation 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 frorn the licensing authority prior to oper^ating a new private sewage facility and will be issued after^ satisfactory completion and appr~~val of construction. 7. G?. PERMIT TO CONSTRUCT. (a) To make application for a perrnit to construct, the applicant shall s~_ibnrit to the licensing authority the followinq• (1> A properly completed application for a permit tc. construct and a flood plain mar~agenrent development perrnit. (~> The required fee. (3> A legal description and/or^rnap showing the location of the property. (4) A description of and the depths of the soils on the property. The soils descr^iption shall determine: (i) Depth to nearest groundwater. (ii> Depth to bedrock or other^ impervious strata. (iii> Approximate soil permeability based on the Sail Sur^vey of Kerr County, Texas (Soil Conservation Service - March 1986). (~> When required, the results of soil percolation tests performed by a Registered Professional Engineer, Registered Pr^ofessional Sanitarian, or^ similarly qualified person, approved by the licensing authority. Percolation tests shall be performed in accordance with the Standards. -19- (6) Whenever the natural percolation rate is faster than one minute per inch or slower than sixty (60) minutes per inch, are alternate site or a disposal method other than soil absorption disposal, such as an evapotranspiration system, should be considered. If no suitable alternate site exists, the licensing authority shall grant or deny a permit to constr^uct on the basis of all relevant factors. (7> A drawing or drawings with distances shown between features reflecting that the proposed private sewage facility will comply with these Rules and dem~~nstr•atir~g that the lot or tract is large eno~.igh for• the private sewage facility to be constr^~_rcted thereon, including but not limited to: (A> The location of all water wells, existing and proposed, on the property and those ran ad,)acent property. (5) The location of all buildings or^ dwellings, existing or proposed, on the property. (C) The slopes, conto~ar•s or other pertinent feat~_rr•es of the ter-r•air.. (D) The location of all water supply lines and tanks, existing or proposed, and existing sewage disposal facilities. (E> The location of all roads, streets, easements, creeks or• other water, etc., ad,7acent to the property or tr•ansversing it. (8) .A statement cm ether evidence that demonstrates that the requirements set forth in Sec. E.(>1. of these Rules have been met. (9) Any additio»al information that the licensing authority may require. (b) The completed application and all additional infor^rnation submitted shall not contain any false information or conceal any material facts. (c) A permit to construct shall expire six (E) months from the date of issuance unless construction of the private sewage facility covered by the per^mit has cornrnenced. An expired permit to construct may be re-issued provided there are no changes in the conditicros under which the previous permit was issued. R fee will be charged to cover costs of re-iss~_re of per•rnits. -cn- When a perrnit has expired and conditions have changed, a new application must be processed and the required new application fee must be paid. Fees are not refundable. (d) Within thirty (3r>) 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 captained in the completed application and any other information available to the licensing authority. (1> Upon a finding that construction can cornrner~ce, a per^mit to constr^uct shall be issued to the applicant. (2) Upon 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 far denying the issuance of a perrnit. 7.03. LICENSE TO OPERATE. (a) Each r~ew pr^ivate sewage facility shall be inspected aril apprr_,ved by the licensing authority prior to the final covering of the facility. <1) The applicant or installer shall notify the licensing authority that an inspection is desired at least forty-eight (48> hoot's, 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 ar~d any other information available to the Licensing authority. (1) Upen a finding that the use of the new private sewage facility will not cause pollution, in,)ury to the public health, or nuisance conditions and is r,c,t in conflict with these Rules and upon payment of appr•opr^iate fees, a license to aper^ahe the facility shall be issued to the applicant -~1- (2> Upon a finding that a license to operate cannot 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) Terms of Licenses. (i) Private Single Dwelling Units. Upon the effective date of this subchapter, valid licenses for private single dwelling unit systems shall continue in effect, until revoked or amended by the licensing authority. Prior to any action on the proposed revocation or amendment of the license, the licensee must be given an opportunity for a hearing. This subsection does not apply for private single dwelling units where there is a change in ownership of the premises. In such cases, a system reinspection will be required before a license can be issued to the new owner. (ii) Commercial and Multiple Unit Systems. Licenses fer• commercial and multiple unit septic tank systems issued under this s~_rbciraoter shall be effective for a term of three (3) years beginning the effective date of this subchapter. (iii) Rr~y license issued under this subchapter shall automatically terminate if there is a subdivision of the property served by the septic system, if there is a change in ownership of the property served 6y the septic system, if the pr•oper•ty is used for a purpose other than that described ire the or-igina_1_ application, if the loading of the system is significantly increased beyond that stated in the application, if the system fails, or if an organized disposal system is developed to within 300 feet of any portion of the septic tank system, if the licensing authority considers connection feasible. A new inspection must be made pr•ier• to the issuance of a r~ew license. If an existing private sewage facility is causing pollution, a threat to the public health, or nuisance conditions, the licensing authority shal'1 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. -cc- 7.i:r4. SPECIAL REG~UIREMENTS FOR INSTITUTIONS. A Registered Pr•ofessir,nal Engineer, Registered Professional Sar~itar-ian, or similarly qualified person, approved by the licensing authority, shall design all private sewage facilities serving institi_rtions which will discharge in excess df 500 gallons per day of sewage. Said designs shall be made in accordance with these Rules, including the Standards, except that single compartment treatment units shall not be utilized, b~_rt instead, tr•eatnrent ~.tnits with two or mare compartments or two or- mare treatment units connected in series shall 6e utilized. 7.05. SPECIAL REG!UIREMENTS FOR AEROBIC SYSTEMS, COLLECTIVE SYSI"EMS AND Ol'HER ALTERNATIVE SYSTEMS. ta) A Registered Professional Engineer or Registered Pr^~:fessional Sar~itariar,, c.r sirnilar•ly qualified person, approved by the licer~sirig authority, shall design all private sewage facilities utilizing aerobic treatment processes, all collective systems and all other alternative systems, provided, however, the desidn meets the reduirerner~ts ref Sec. c:. 06. of these Rules ar~d Rule .C>tj~(6) "Desiorr Rppraval for Grivate Sewage Facilities" of the Standards. (b) Upon completir_~n of the installation of private sewage facilities desior~ed ~.tr~der Sec. 7.06. (a) ab~~ve and prior to issuance r_~f a license, a rn~tarized certificatic,n will be required by the per-scm designing the system, stating that 'the ir~stallatian has beers inspected and has been installed in acc~~r•dance with the design drawings aril soc-~cifications. --23- CHRPTER 8 SUPDIVISIONS 8. G1. LICENSING AUTHORITY RECOMMENDRTIONS. ~- Any person creating or desiring to create a subdivision, including mobile home parks, that will utilize private sewage facilities, in whole or in part, must obtain a recommendation fr^orn the licensing authority prier to submittal of the preliminary plat for s~_ibdivision review and commencing construction (except for vegetation clearing). No per^nrit tc~ construct car license to operate will be issued for development ire a subdivisi~~n that does not comply with applicable por^t ions of the County Subdivision Regulations. 8.C~2. APPLICATION. (a) An applicant for a licensing authority recommendation shall submit an application to the licensing authority containing information that is adequate to establish: (:) That it is nrt feasible fnr• 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 thr^eatening to cause, individually or collectively, pollution, incur^y to the public health, or nuisance conditions. This infor^rnation will include as a minim~_rm: ~(A> A map or maps locating the subdivision relative to on and off-site: (i) Water or water in the State, (ii) Watersheds, till) 1UV year floodplain and floedway as established by the Feder^al Emergency Manaoerner~t Agency, (iv) Topography, with contours not greater` than five (5) foot intervals, (vi) Soil profiles, as classified by the Soil Surwey of Kerr County, Texas, -24- tvii) Existing and pr^oposed individual and public water supply wells, (viii) Existing and proposed organized disposal systems. (P) 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 a subsoil ar~d groundwater profile of the entire subdivision consisting of care dr^illings or• pit profiles to a depth of 8 feet at the location of each septic system en proposed lots or tracts, including an analysis by a Professional Engineer, Geologist, or Soil Scientist. The analysis should include sail percolation potential, depth to bedr^ock, and depth to per^ched or seasonal groundwater tables. This information must be presented to the licensing authority when the plat is submitted for review. R statement of an adequate water supply source which will provide water for• the proposed s~.rbdivision must also be fur^nished. The source earl be an approved public water supply, or private water wells, if an adequate potable aquifer- is available. (C) R list that specifies the type and maximum size (floorspace, bedrooms, seating, etc.) of the intended construction (residential, industrial, cornrnercial, etc. ) that will be allowed on each lat. Posed on this list, the applicant shall provide fur^ther inforrnatian to confirm that a private sewage facility that meets all of the requirements of these Rules and the Standards can be constructed an each lot. (D> At the discretion of the licensing authority and in consideration of the size and density of the prr~posed subdivision ar~d other conditions known to exist in the vicinity of the proposed subdivision, one or mare geological cross-sections may be required from the applicant. These cross-sections shall illustrate the geologic formations that make up the subsurface below the s~_~bdivision dawn to the first aquifer that supplies, or may be used to supply, drinking water in the area. These cr•ass- sections shall illustrate the pr^irnar^y dip and characteristics (permeable, inrper^meable, water bearing, etc.) of each forrnatiori and the elevation of any water table. No subdivision proposed for use of private sewage facilities will be approved or-r•ecor-ded without the recomrnendation of the licensing authority. Within thirty <30> days after- a proper- and complete application has been submitted, the licensing authority shall in writing, either approve, approve with conditions, or- deny the application. The recomrnendation shall be forwar-ded to the subdivision review authority, and to the applicant. (i) Rppraval: If the recomrnendation is for- approval of the subdivision as pr^opc~sed for use with pr-ivate sewage facilities, the subdivision review authority will continue to process the plat for- approval and recording. (2) Approval with Conditions or Deniai: If the recommendation is for approval with conditions or for denial, the applicant may accept the recommendation or follow the procedure for exception on appeal as outlined in Chapter 3 of this Order. Cd) Limits of Aoproval: An approval recomrnendation does r,p$ c~~nstitute either- a per•nrit to construct or a license to ooer•ate a specific private sewage facility. Final s,_r6division plat approval by the Commissioner^s Co,.rrt is a prey-egr_risite to obtaining a permit or license. 8.03. LOT SIZES AND REGrUIREMENTS. (a) Lot si- Fractures, caverns or crevices in limestone formations increasing the danger of contaminatior, c,f underground water, if pr^esent . (C> Highly permeable sand or gravel near water wells, streams, or lakes. (D) Areas havino a high or fluctuating water tables or seasonal springs. t3) No part of an absor^ptive facility shall be installed within 125 feet of any springs or spring- fed ar~d/or r~or^rnally flowing streams measured horizontally from the water's edoe tat normal flew) except where the average per-colation rate is Less than 5 minutes per inch of fall, this distance is increased to 200 feet fr^orn the water's edge. Alternative waste disp,~sal systems may be required were percolation rates ar-e less than 10 minutes/inch of fall in areas adJacent to sprints or normally flr_,wing ztrearns. (4) Lots shall be laid o~_rt where p~~,ssible for^ COr,rie ctiUY, to a future wastewater collection system. tb) Lot Size Requirements: (1) Private Sewage Facilities for- lots in subdivisions shall be approved by the licensing authority .sub,7ect to the fc~llowir,g provisions: (A> Lots served by a public water system shall be a minirnurn of 1/c acre. (b) Ther^e ar•e two (2) dedicated waste disposal areas of 2,500 square feet each, under 15:~ slope and suitable for- use for a pr^ivate sewage facility utilizing soil abs~~rption. The location of each 2,500 square feet area ml~st be designated cn the preliminary plat. (C) For lined evapotranspiration systems, a rnir,imurn lot sine of arse (1) acre shall be pr^ovided with r,~~ slope or area requirements. .. -27- Alternatively, a lined evapotranspiration system may be utilized on a one-half (1/2) acr^e lot provided there are two areas of 2,500 square feet each, under 15X slope, end suitable for use for a private sewage facility. The location of each 2500 square foot area must be designated on the preliminary plat. (D> Lots served by individual water wells shall be a minimum of ane (1) acre. (E) In calculating lot or tract sizes, easerner~ts, drainage ways, or right of ways adjacent or through such tracts shall be excluded. (2) Collective Private Sewage Facilities shall be approved by the licensing authority subject to the following provisions: (A) The grr_,ss density of the subdivision shall not exceed tw~~ dwelling units per acre. S~_~ch gr^oss density shall be defined as the total rn_vnber cif residential units divided by the total acreage within the perimeter- of the subdivision. (b> For• each dwellino unit utilizing the collective system, at least 5,000 square feet of land, of less than 15% slope, shall be designated on the plat as suitable for use for the collective wastewater disposal system. Each designated area should contain a minimum __of 5,000 sq~_tare feet. (3) Collective private sewage facilities for residential proper^ties shall meet the following additional requirements: (A> Collective pr-ivate sewage facilities shall only be appr•~~ved for condominium regimes, planned units developments, or any other authority legally authorized to assess and collect fees for the operation and maintenance of the collective disposal system, and individual or^ collective treatment units. The eight of the author^ity to assess and collect such fees shall be clearly defined in the homeowners agreement or other legal documents issued by such authority to the residents. -c8- (P) Pr•opclsed collective private sewage facilities shall be located outside the twenty-five year flclod plaid; provided that one-half (1/~) clf the disposal area sFraLl be located outside of the one hl_!ndred year flood plain (4) Special Req!!ir•enrents for Irlstituti~~ns. A Registered Prafessionai Civil Engineer, Registered Professil_rlal Sanitarian or• sirlrila•r•ly ralxalified per^son appr~_wed by the licensir,a a!!thr~rity; or tie licensing authority, at its disc-r•e+,ic,r-I, si~ali design all private sewage facilities serving instit+_rtions. Said desinns =~ha11 be made in accordance with these Rlxles, irlcl:_!ding the Standards. 5, O4. NeTlc~ (a) Where an aeproved recomrner:dation has been made and +, e sl_rbdivision is r•eccrrded. a coos of the written reccaanrendation with any ccnditicros stated shall be filed as a deed rec~~r•d f~~r• the slxbdivisir~n lots. (b) (arty person, or his agents or assignees, desiring tr: create a subdivisi,~.n that will !atilize private sewage facilities, in wh,.•1e =. irl oar•l, and soli, ieasz, or' rent the lots ti~ereir: shall inf_rr'rn in writirro each pr-r snect ive p!:rcn ,se^, Lo__au, _, r' _r;t Er', _ (1) That the sl_!bdivision i= s!;dr=ct to a21 of the terms and conditi.~ns or these P.I_;ies; (:_) That a permit tc~ construct s.~all 6e req!.!ired before a private sewage far::li:y_ car; ba c•_,nstruci ed ir: tie s!fbd LVla3C~Yi. t3) That a license to operate shall 6e required for^ the operation of s~_ich a private sewage facility, (4) That are application fc~r- a sewage facilities has been including ar~y restrictions approval. s~.ibdivisian with private made and approvedr placed an any such -'.i~- c~+apTER ~ ENFORCEMENT 9. i>1. INFORh7AL (a) The licensing a!_tthority may routinely inspect private sewage facilities to ass!_tre contin!.ted c~~rnpllance with these Rttles. (b) The licensing a!_tthoritV snail inspect any privatz sewage facility that i~.= reasonably billzved L-o be ca+.tsino poli!_ttic~n, a threat to the ptlblis health, or n+_iisar~ce conditic:ns, or to have been substantiaiiy nr~~di.°ied witho!_+t complying with these R!_ties based on a creditable comolair,t or other information available t.. the licensinc authority ar:d may inspect any new privates sewage facility shr,~uld the condi*. ions existing at ti,e time c•f licensing be fo+.tnd to hae~e cilar;oed. If upcm s+_tch inspect ion it is fr_„_tr'!d that poi lut ion, a *.hr'aa~!. to p!_tblic health, ;ter nr.tisance conditivrre is •,:ccurrin_, or an ,_tnpermi~:t=d s~!.bs+.a~ntial_ nlodi`icatior: we.s perf~~rnl•ar, the 1i_eY!Si rt^_ a4tL :'":i1Y':. :'J snail s•:~ re':1 .'" 7lB C:wr: ^'r` -n:? 7r`-~o".~ 3c'.v._iC? dvCl.__ .'f' 'v T`:: .~ a~ _. .._ ;C:° •~~^. C.- pr=ipl ems mlt5~ Ce T'°rneCl etl 1n C~r:~F=r' .C aC~i°`J~ c~ ~nrnl lance, ar,d set a reasor:abie am:-!_rra . ~ time to achieve comoliar;ce. The private sewage 'sci'ity sh~ri! be reinspe%red ac ti'le e;rpi rat ion o this a1i~tted timz. (li If the facility is f~~!tnd tc• be compliant, a license theref: ire may be iss+_ted or tae ex is : ir:g 1 itense may be modified. (c> If the facility is fc~!_tnd to 6e noncornpiiant, appr-•?priests enforcement shall be taken. 9.~>2. CRIMiiJAL (TEXAS WATER CODE, SEC. 26.c14) (a> A person wh•~ vi~~lates arry of these Rules, is ouilty .f a misdemeanor and o'n conviction is punisinadie by a fine crt' not less than! $io. 04 r;c.r more than `ScOG. ui'. Each day tnat a violation occ!_trs constit!.ttss a se~arai:e or'fense. tb) .iUT'1SC 1.C 1!.'f! rOr` Or`ngc'C!_i'!: lr_n _ 3 sC.lt !!. ru_: T' 0113 sacticm is in the ~r_tstice cfsne peace co!_irts. (ci Ven!_te fr_:r prosecution of a suit !_tnder ti~is section 1s in the ~+_tstice r_:f the peace precir!ct in wrlich the violation is alleged t.. have occurred. _~~_ 9.03. CIVIL (TEXAS WATER CODE, SEC. 26.124) (a> Whenever it appears that a violation ar the threat of a violation of any of the terms and conditions of these Rules has occurred or is occurr^i rig, the licensing authority nray have a suit instituted in a district court thr^ough its own attorney for in,7unctive relief or civil penalties or both against the person who committed, is cornrnitting, ar^ is thr^e atening to cornrnit the violation. 28 Re: Final Rdaptic~n of Prc~po~,ed R~_rl.es of Kerr U~?unit'„ Texas for Private Sewage Facilities. Dear Darrny: The enclr_rsed letter from the Texas Water Commission legal staff indicates that the Rr_iles have been appr`~-~ved as submitted. As we discussed in r_~ur telephone conversation r_,rr 1 F'ebr~uary 19$$, i wo~_rid i.ike yo~_r t.? present the R~_rles to the G?~.xr+. for final adoption at yor_ir regr_rlar meeting scheduled for 8 P'ebr~_iarv 19$8. B. W. Bruns General Manager There have been no changes made to the order adapted on 15 December 198?. However, this is the last step in the adoption proced~_~re. I have incl~_~ded a copy of the Texas Water Commission model order mir~n_ites which Mrs. Dor`r~thy Fifer" can fill out. T~hanp~ yc~t,,,, Lane W~?per`s Directr_~r, Water U!uality R~ Environmental Heal~tl•i Services LW:kk Encls. i ...XAS WATER COMMISSIC,~d >T :.~ Paul Hopkins, Chairman ,~~~~`ny~ , J. D. Head, General Counsel r~~; John O. Houchins, Commissioner ; ~ge;.. Michael E. Field, Chief Examiner B.J. Wynne, IB, Commissioner Karen A. Phillips, Chief Clerk Allen Beinke, Executive Director January 28, 1988 Mr. Lane Wolters, R.S. 215 W. Water Street P.O. Box 1278 Kerrville, Texas 78029-1278 Dear Mr. Wolters: Review of the proposed Rules of Kerr County, Texas for Private Sewage Facilities has been completed. The rules have been approved as submitted, and may now be presented to the County Commissioner's Court for adoption. Upon adoption, send a certified copy of the adopted minutes, order .(see enclosed) and rules to the Texas Water Commission, Attention: Wendall Corrigan, P. O. Box 13087, Capitol Station, Austin, Texas 78711. The order will become effective upon the adoption of a resolution by the Texas Water Commission approving the order. You will be notified of the Commission's approval. If you have any questions regarding this process, please feel free to contact me at (512) 463-8069. Sincerely, ~,G.I;~~d~ C ~ Wendall Corrigan Staff Attorney Enclosure P. O. Box 13087 Capitol Station ~ 1700 North Congress Ave. ~ Austin, Texas 787113087 ~ Area Code 512/463-7830