APR !: !,'~ %'D ~., `. Upper Guadalupe RiverAuthority 215 W. Water St. P.O. Box 1278 Kerrvill~s, Texas 78029-1278 "" "° 512-8965445 8. W. Bruna 4 April 1988 General Manager The Honorable Judd Danny R. Edwards Kerr County Judge Kerr County Courthouse Kerrville, texas 78028 Dear Danny: Enclosed please find a certified Dopy of the Water Commission Resolution approving the Rules of Kerr County, texas, for Private Sewage Facilities. Although the implementation of these "Rules" will not be an easy task, the long tsnn and lasting benefits for Kerr County will surely be worth the effort. I appreciate your support of strong environmental control to protect our natural resources. Since y, ~/~~/ e Wolters, R. S. Director, Environmental Health Services I,41: kk Encl. (2) 'I"EXAS WATER COMMISSION _ ,, ;,~ RESOLUTION NO. 88-4 A RESOLUTION OF THE TEXAS WATER COMMISSION APPROVING RULES ADOPTED BY THE COMMISSIONERS COURT OF KERR COUNTY PERTAINING TO THE REGULATION OF PRIVATE SEWAGE FACILITIES WITHIN THE COUNTY WHEREAS, the Commissioners Court of Kerr County by authority of Section 26.032 of the Texas Water Code has properly adopted rules to regulate private sewage facilities in Kerr County; and WHEREAS, in accordance with the provisions of Section 26.032 (c) of the Texas Water Code, the Commissioners Court has submitted the rules to the Texas Water Commission for its review and written approval; NOW, THEREFORE, BE IT RESOLVED BY THE TEXAS WATER COMMISSION: That the rules establishing private sewage facility regulations adopted by the Commissioners Court to Kerr County on the 8th day of February, 1988, be hereby approved. Signed tha 22nd day of March , 1988. TEXAS WATER COMMISSION ~~ ~ Paul Hopkins,-airman ATTEST: THE STATE OF TF.XA~ . COUNTY OF TRAVIS --. I hereby certify that this is a true and correct copy of a Tezae Water Commission ~~? document, thg original of Which is filed in Karen A. P fillips, C of Clerk the permanent records of the Commission. Giventinder my hand and seal of office ~~r,~ on MAR -2 ~2 1988 erM Co ryCour ;j( Te +f Karen A. Phillips, Chief Clerk Texas Water Commissior '1"EXAS WATER COMMISSION :r,. ,~'[: U Paul Hopkins, Chairman ~' ~ r J. D. Head, General Counsel John O. Houchins, Commissioner F x~:t`.'`~~ Michael E. Field, Chief Examiner B. J. Wynne, III, Commissioner Karen A. Phillips, Chief Clerk Allen Beinke, Executive Director March 29, 1988 Dear Applicant, Permittee, or P.epresentative: Enclosed is a certified copy of: 1. an enforcement order of the Commission determining substantial noncompliance, assessing administrative penalties, imposing stipulated penalties, anal/or requiring certain actions of a holc:er of a permit issued by the Commission, the details being more fully set out therein. 2. an order cancelling a Commission. permit. This cancellation is a memorandum of official action taken with respect to the permit and is notification that the permit is no longer in effect. 3. an order dismissing without prejudice an application for a Commission permit. 4. an emergency order issued by the Commission. Please note the date and time at which the Commission will affirm, modify, or set aside the order. 5. ar. order affirming, modifying or setting aside an emergency order of the Commission. __6. an order approving construction cf facilities. X 7. other a resolution of the Commission approving rules pertaining to the regulation of private sewage facilities. Should you have any questions, please contact us. Sincerely, TEXAS WATER~OMM ION W~V Karen A. Phillips, C.hi Clerk Enclosure cc: TWC District No. --' All Parties P. O. Box 13087 Capitol Station ~ 171x1 North Cong~ess Ave. ~ Austin, Texas 78711-3087 ~ Area Code 512/463J830 ~; ~d v. RULES OF KERB BOUNTY, TEXAS FOR PRIVATE SEWAGE FACILITIES CHAPTER 1. DEFINITIONS CHAPTER 2. ESTABLISHMENT AND GENERAL PROVISIONS 2. G1. Authority 2. G2. Purpose 2.03. Area of Jurisdiction 2. G4. Effective Date 2. U5. Incorp~~r-at ion by Reference 2. U6. Construction, Pr^ecedence, and Interpretation 2.07. Severability CHAPTER 3. ADMINISTRATIVE PROVISIONS 3.01. Exception 3. G2. Appeal 3. G3. Not ice 3. G4. Fees CHAPTER 4. DUTIES AND POWERS 4. U1. Duties and Powers --- CHAPTER 5. LAWFUL DISCHRRGES AND REQUIREMENTS S. U1. Lawful Discharges 5. G2. Requirements CHAPTER 6. DEVELOPMENT OF ORGRNIZED DISPOSAL SYSTEMS 6. G1. Connection to Or-ganized Disposal Systems CHAPTER 7. CONSTRUCTION AND OPERATION REQUIREMENTS 7.01. Requirements for New Private Sewage Facilities 7. G2. Permit to Construct 7.03. License to Operate 7. G4. Special Requirements far Institutions 7.0.°x. Special Requirements for Aerobic Systems, Collective Systems and other- Alternative Systems CHAPTER 8. SUBDIVISIONS 8. G1. Subdivision Construction Author-izati~~n 8.02. Application 8. G3. Not ice -1- ' ~ _ U CHAPTER 9. ENFORCEMENT 9.01. Informal ~`" 9.02. Criminal 9. U3 Civil 9. U4. Failure c.f Licensed Facilities `.. CHAPTER 1 DEFINITIONS The following words and ter•rns, when used in these Rules, shall have the following meanings, unless the context clearly indicates otherwise: "Absorption Unit" - Any subsurface systern that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent fr•onr a wastewater- treatment unit. "Authorization" - A Subdivision Construction Authorization as required in Chapter 8 of these Rules. "Commissioners Court" - The Canrrnissioners Court of Kerr County, Texas. "Dedicated Waste Disposal Area" - Means an area which can not be covered by impervious materials, used for• parking or other uses which may adversely affect the evaporative or- absorptive capabilities of the systern. "Evapotranspiration Uriit" - Any subsurface system that primarily 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 substantrally modified after the effective date of these Rules. Any private sewage facility that has been actually used at any time dur^ing the twelve (12> month period immediately preceding the effective date of these Rules, shall be conclusively presumed to have been in use or. the effective date of the Rules. "Feasible" - Capable of being done or carried out by a property owner without the necessity of right of way purchase or• otherwise assuming responsibility for construction and/or maintenance of utility lines on or across another's pr•aperty. "Institution" - Any establishment other than a single family residence. "License" - A License to Operate as required by Chapter 7 of these Rules. ~..: ~.. "Licensing Authority" - Means the Upper Guadalupe River Ruthority or other administrative Rgency 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" - Any facility or area developed far the lease or rental of two or mgr^e mobile homes. "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 ~~r• welfare, ar~irnal life, vegetation, or• property; or interferes with the normal use ar~d en~oyr~rent of animal life, vegetation, or property. "Or^ganized Disposal System" - Any p~.rblicly or privately owned system far the collection, treatment, and disposal of sewage that is d•perated in accordance with the terms and conditions of a valid waste discharge per•nrit issued by the Texas Water Convnissi _~n. "Permit" - A Permit to Construct as r•egrrired by Chapter 7 of these Rules. "Person" - Ariy individual, corporation, organization, government or^ governmental subdivision or• agency, business, trust, estate, partnership and any other legal entity c~r- association, including, but riot limited to, owners, developers, installers, operators, or^ any other person responsible for the constructi~~n, installation, or• operation, of a private sewage facility. "Pollution" - The alteration of the physical, ther•rnal, chemical, or biological quality of, or the contamination of any water in the State that renders the water harmful, detrimental, or• in~urio~as to humans, animal life, vegetatir,,n, or property or to the public health, safety, or welfare, or impairs the usefulness or the public en~oynrent of the water for any lawful or reasonable purpose. "Private Sewage Facility" - All systems and methods used for the disposal of sewage, other than or^ganized disposal systems. Private sewage facilities are usually composed of three units; 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 evapotranspiration 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 or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for the construction of such well or system that will be completed within a reasonable time. "Sewage" - Waterborne wastes that are pr^irnarily ar^ganic and biodegradable or^ decomposable and that generally originate as human, animal, or• plant wastes fr^onr darnestic activities, such as washing, bathing, and food prepay^ation, and certain retail or- carnrnercial activities. "Single Family Residence" - A single family dwelling or mobile harne. "Standards" - The standards set forth in the pamphlet entitled "Construction Standar^ds far Private Sewage Facilities" and a 11 f ut ore anrer~drnent s t hereto, which were adopted by the Texas Board of Health, pursuant t~~ Article 4477-1 (Sec. 23(b>), of the Texas Revised Civil Statutes Annotated, as Texas Department of Health R~_rles 301.79.r?3.ixj1- .Uti3 and which were r~r-iginaliy published in ~ Tex_ Ren_ 49'i.9. "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^ as defined by the Kerr County Subdivision Regulations; or mobile home park; or• any lot or^ tract used or intended to be used fey multifamily dwellings, including specifically but not limited to apartments, duplexes and condarniniurns. "Substantial Modification" - Rn increase in the size or- use of a private sewage facility's generating unit (r-esidence or institution) that, based an the considerations in the Standards, could be expected to result in an increase ofc5~ or more in the average daily volume of sewage generated by that unit; or an action that, based on the considerations in the Standar^d s, could be expected to result in an increase or- decrease in the capacity of a pr^ivate sewage facility's treatment unit (septic tanl+.> ar^ disposal unit (dr•ainfield) by ~5X or more. -J- ~.. `.. "Water" or "Water in the State" - Groundwater ~' percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the 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 of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. -E- `., CHAPTER 2 ESTABLISHMENT AND GENERAL PROVISIONS 2. U1. AUTHORITY. These Rules are adopted by the Cornrnissioners Court of Kerr County, Texas, acting in its capacity as the governing body of Kerr County. Kerr County adopts these Rules under the authority of Section 26.U3~ of the Texas Water Code. U2. PURPOSE. The purpose of these Rules is to abate or prevent pollution, or in,7ury to the public health in Kerr County, Texas. G, U3. AREA OF JURISDICTION. (a) These Rules shall apply to all of the area of Kerr• County except for the areas reg,_rlated under an existing Texas Water Commission R,_rle and the ar-eas within the bor.rr,daries of the ir~cor•por•ated cities ar~d towns of Kerr• County. (b> These Rules shall also apply to those incorporated cities or tr_,wns that have exec,ated cooperative agreements with the Cornrnissic,ner•s Cor.rr•t or the Licensing Ruthority for cover•aye under these Rules. 2. U4. EFFECTIVE_D_ATE. These Rules shall become effective upon their approval by the Texas Water• Commission. 2. U5. INCORPORATION BY REFERENCE. The Standards and all future amendments thereto are incorporated by reference and arse thus made a part of these Rules. R copy of the Standards is attached to these Rules as Appendix I. 2. U6. CONSTRUCTION, PRECEDENCE, RND INTERPRETATION. (a) These Rules shall be construed liberally to accomplish their purpose. In construing the Standards, precatory words contained therein shall be deemed mandatory. -7- (b) In the event of any conflict between these Rules and an order, resolution, ar- rule adopted by the ,~ Texas Water Commission, the order-, resolution, or rule adopted by the Texas Water Cornrnission shall take precedence. In the event of any conflict between these Rules and the Standards, these Rules shall take precedence. (c) The licensing authority shall, within the pur-pose of these Rules, resalve any q~aestian r^egarding any interpretation of these Rules or the Standards. 2.07. SEVERAHILITY. If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the validity of the rernainder of these Rules and the application therer_,f to other persons and circumstances shall nat be affected. -8- ~ `~ CHAPTER 3 ADMINISTRATIVE PROVISIONS 3.01. EXCEPTION. (a) A person desiring an exception tc. any requirement c.f these Rules shall file a written request with the licensing authority stating: (i) The nature of the exception req~_rested; (2) The reason that justifies the granting of the exception; ar~d (3) Any inferrnatiorr that the licensing authority reasonably requests. (b) Within thirty (.;0) days after the receipt of said request, the licensing authority shall review the request and reply to the applicant in 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. RPPEAL. M (a) Any person aggrieved by an action or decision of the licensing authority made hereunder may, within thirty (3U) days of the date of the document giving notice of the action or decision, or^ within thirty (30) days of the actions, if no document is given, appeal to the Commissioner^s Court. (b) The appeal shall be initiated by filing a written o6~ection with the Clerk of the Commissioners Court. The written ob,7ection shall state what the carnplainant believes the action er decision of the licensing author^ity should have been and the reasons they^ef~~r. 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 docunrerit was given, shall be attached to said written ob~ectiorr. (c) When an obtection is filed, the Clerk of the Cornrnissioners Court shall notify the County Judge who shall place the matter on the Agenda of the Cornrnissioners 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 carnplainant that the matter is on the agenda. -S- ... ~ ~~ (d) The Commissioners Cour-t shall review the matter and consider such information and evidence that the __ Commissioners Court may deem relevant and that nray be offered by the licensing author^ity 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 ar- in equity. 3.43. NOTICE. Any notice req,.rired to be given pursuant to these Rules shall be considered given by depositing same iri the U. S. Mail, postage prepaid, and addressed ir, accordance with the information given by an applicant or• complainant. 3.1x4. FEES To defray the reasonable cost of adrninister-ing these Rules, the licensing a,.tthcrr•ity shall require fees t~~~ be paid ir, accordance with the sched,.rle established frnrn time to tune by the Commissioners Court. Such fees shall be paid with the filing of an applicatir~n for• a per^m it, license, or authorization, a written request for• an inspection or- ~~' exception; or an appeal. 3.45. LICEN5ING OF INSTRLLERS. (a) No installer may cornrnence or proceed in any manner with the constr^uction 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 follows: (1) In order to obtain an installer's license, an installer shall realre application to the licensing authority and the licensing authority shall pr^ovide the installer with a copy of these Rules including all current arner~drner~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 an installer's license. -14- `.r (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 r^enewed annually. A fee will be charged for renewal. (c) The licensing authority shall keep available a current list of licensed installers. (d) A licensed 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 for- good workmanship practices and for^ following these Rules in the installation of all private sewage facilities installed by hirn or under his authority. (f) Suspension ar~d Cancellation. (1) On a showing of good cause, the licensing a~_tthority may suspend or cancel an ir~stallzr•'s license. Grounds for suspension crt• cancellation of an installer's license include, but ar•e not necessarily limited to the following: (A> Installation cnr• alteration of a private sewage facility without a valid permit to constr^uct having been issued by the licensing a~.rthor•ity. (b) Significant alteration or removal of, or damage to, a new private sewage facility after the licensing authority's final inspection thereof. (C) Repeated and documented faulty workmanship in connect ion with the installation or• r•epair^ of private sewage facilities. (D) Any other violation of these Rules. (2) Whenever it appears to the licensing authority that a licensed installer has violated or• is violating any requirement of this section 3. U5, the licensing authority shall provide the installer with at least ten (1U) days written notice of a hear^ing to be held for the purpose of c~~nsidering the suspension or cancellation of the installer's license. Following the hearing, the licensing authority -11- :., •.J shall provide the installer with written r+otice of its decision, and shall include therein the reasons for any suspension or cancellatior+, (Note: The appeal procedures specified in Section 3.0~ apply to this decision without further rner+tior+ in this section). (3) Violations listed in items (a) and (b) above may result in cancellation of the license. An application for a new license may not be made far a per-iod of one hundred and eighty (iB+7> days after cancellation. Violation of it erns (c) Gr (d) may res+.~lt in license suspension for a period of sixty (60) days. After (~) suspensions of a license any further vir_~latians may result in cancellation of the license for at least one hundred and eighty t180) days. (g) A property owner who installs his/her- own private sewage facility shall be exempt from the requirements of this Section 3. U5 provided however that the design ar~d installation shall be under the direction of a registered sanitarian or licensed professional engineer. 3.+?6. LICENSING CF SEPTIC TANI~ PUMPERS. (a) No per^son engaged in the business Gf septic tank pumping may cammence or proceed in any manner with the r-ernr_~val of effluent, sludge or- any tither matter from a private sewage facility without first having a Septic Tank Pumper^s License frarn the licensing authority. (b) The procedure for obtaining a license shall be as follows: (1> A person desiring to become licensed as a Septic Tank Pumper shall make applicatir,,n to the licensing authority. (2> The application for Septic Tank Pumpers License shall be accompanied by a fee to be set by the CornrnissiGners' Court. (3) The licensing authority shall issue a Septic Tank Pumpers License to the applicant upon the applicant's demonstration to the licensing authority of a knowledge of these Rules, Standards and applicable State laws. (4) A Septic Tank Pumpers License shall be valid for one (i) year frarn the date of issuar+ce. A fee to be set by the Commissioners' Court shall be charged far renewal. -12- ... (c) The licensing authority shall keep available a curr-ent list of licensed Septic Tank Pumpers. (d) A licensed Septic Tank Pumper shall directly supervise the pumping and/or rernoval of effluent, sludge or any other matter from a private sewage facility, and shall be responsible for the proper rernoval and disposal of any effluent, slradge or• matter so removed. (e> A Licensed Septic Tank Pumper shall maintain a waste hauling log book and submit monthly r^epor^ts of his activities to the licensing authority. (f) Suspension and Cancellation. (1) On a showing of good cause, the licensing authority may suspend or- cancel a pumper-s license. Grounds for suspension or- cancellation of a pumpers license include, but are not limited to the following: (A) Disposing of septic tank slr_rdge and effluent in an unapproved manner, (S) Repeated and doc~.vnented faulty wor-krnanship in cor~necti~~n with the purnpir~y of private sewage facilities. ,m (C) Any other violation of these Rules. -13- CHARTER 4 DUTIES AND POWERS 4.01. DUTIES RND POWERS. The Upper Guadalupe River Authority is designated by the Commissioners Court to 6e the licensing authority for these Rules ar~d thus have the duty, and necessary powers, to administer^ and enforce these Rules. The Upper Guadalupe River Authority as the licensing authority, shall have the following duties and necessary conc~~nritant powers: (1> To enforce these Rules and to rnake appr^opr•iate recommendations to pro¢er County authorities when instances of noncompliance with these Rules have been determined. <2> To rnake 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 Cornnrissioner^s Court as necessary to rec~wer• the reasonable costs inc~_rrred in meeting the requirements of these R~_iles. (4) To make semi-annual reports to the Cornrnissioners Court on all actions, including legal acti~~ns, taken concer^nir~g these Rules. (5) To develop the necessary pr^ocedures, including developmc?nt of application forms, and establ ishrne rat r_~f reasonable record keeping to carry out the functions of these Rules. (6> To perform all other duties necessary to meet the requirements of these Rules. -14- ~.. ... CHAPTER 5 LAWFUL DISCHARGES AND GENERAL REQUIREMENTS 5. U1. LAWFUL DISCHARGES. After the effective date of these Rules, only the following types of sewage discharges shall be lawful: (11 Sewage discharged into an organized disposal system operating under a valid permit issued by the Texas Water Cornrnission. t[> 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 on the effective date of these Rules, that has not been substantially modified 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, c.r nuisance conditions. 5. try. REQUIREMENTS. ta) No person, except the person owning or having the right of possession and use of the par-cel of land upon which a proposed private sewage facility is to be located, may apply for a private sewage facility permit or license. tb> The design, construction, and installation of arty new private sewage facility ar~d the maintenance of any private sewage facility shall, at a rninimurn meet the requirements set fr~rth in the Standards. tc) No person may cause, suffer, allow, or permit the construction or installation of, or a substantial modification to, a private sewage facility unless a permit therefor has first been issued. td> The construction, installation, modification of a private sewage in accordance with the approved of the permit issued therefor. or substantial facility shall be made design and regi_rirernents -15- (e) No campanent 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 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•san may cause, suffer, allow, ar perrnit the operation ar use of a new private sewage facility unless a license, or necessary license arnendrnent therefor, has first been issued. (g) Na person may cause, suffer, allow, ar perrnit the construction or installation of a private sewage facility on a lot or tract that is smaller than that required to meet the requirements set forth in the Standards. Provided, however, on lots existing pricer to the effective date of these Rules, a private sewage facility may be per-rnitted tc. be cor,str,.,cted or, a lc•t smaller than one half acre, if it is dem~~nstr•ated 6y a thorough investigatian 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 p~~llution or nuisance conditions. (h) The effluent from a pr-ivate sewage facility, whether using a aerobic or anaerobic treatment unit, must be discharged into a pr-operly 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) Infection wells, pit privies, and cesspools used to dispose of sewage, and any system utilizing naturally or artificially produced holes, cavities, ar- drilled wells to ease the disposal of sewage are specifically prohibited from being installed and licensed. (,7) No person may cause, suffer, allow, or perrnit the maintenance of a private sewage facility in such a manner as to cause, or as may tend to cause, pollution, injury to public health, ar 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 -lEs- Comrnissioners' Cottrt~ and filed for record in the office of the County Clerks unless said property has applied for and received an agricultural ex ernptior~ frorn ad valorem taxation. Prior to issuing a per•rnit the licensing authority shall ascertain frorn the Catrnty Clerk that the proposed building lot is a lot in an approved subdivision er• that it is required to be platted, or that it is excepted from the platting requirements. -17- CHAPTER 6 DEVELOPMENT OF ORGANIZED DISPOSRL SYSTEMS 6.01. CONNECTION TO ORGANIZED DISPOSAL SYSTEMS. In order to implement the stated policy of the legislature and the Texas Water Cornrnissian 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 nrair~tain and 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 property to be served by the private sewage facility is within 3U0 feet in horizontal distance tmeasured on the closest practicable access route) of an existing organized disposal system, unless one of the following requirements has been met, (R) The per^son has received a written denial of set^vice from the owner or goverriir~q body of the or•gani<<^ed disposal syster~i; or^ (F) The person has received a written determination _ from the licensing authority that it is nvt feasible for the person to connect to the organized disposal system. (2) Whenever an organized disposal system is developed within 3r~t~ feet in horizontal distance (nreasur^ed on the closest practicable route) from any part of a property that is ser^ved by a private sewage facility, that facility shall be connected to the organized system within 120 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 in subsections (1>(A> or (1)(B) of this section has been met. -18- .. ~ CHAPTER 7 CONSTRUCTIDN RND OPERATION REQUIREMENTS 7.01. REQUIREMENTS FOR NEW PRIVRTE SEWAGE FACILITIES. (a) A permit to coristr•uct must be obtained from 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 constructir_,n can commence. (b) A license to operate must be obtained fr•orn the licensing authority prior to operating a new private sewage facility and will be issued after satisfactory completion and approval of construction. 7. G2. PERMIT TO CONSTRUCT. (a) To make application for a permit to construct, the applicant shall submit to the licensing authority the following: (1) A properly completed application for^ a per•rnit tc~ construct and a flood plain managenrer~t development permit. (~) 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 description shall determine: (i) Depth to nearest groundwater. lii) Depth to bedrock or other impervious strata. (iii) Approximate soil per•rneability based on the Soil Survey ^f Ker•r County, Texas (Soil Conservation Service - March iS86). <5> When required, the r•esi_ilts of soil percolation tests performed by a Registered Professional Engineer, Registered Professional 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, an 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 ar- deny a perrnit to construct on the basis of all relevant factors. (7) R drawing or drawings with distances shown between features reflecting that the proposed private sewage facility will corn ply with these Rules and demonstrating that the lot or^ tract is lac-ge envttgh for- the private sewage facility to be constructed thereon, including but not limited to: (A) The location of all water wells, existing ar~d proposed, on the property and those on ad~acer~t property. (B) The location of all buildings or- dwellings, existing or proposed, an the pr•aper-ty. (C) The slopes, contor_rrs er other pertinent feat~_rr•es of the ter^r^ain. (D> The location of all water supply lines and tanks, existing or proposed, ar~d existing sewage disposal facilities. (E) The location of all roads, streets, easements, creeks or other water, etc., ad,)acent to the property or transversing it. (8) _R statement or other evidence that demonstrates that the requirements set forth in Sec. 6.01. of these Rules have beers met. <9) Any additional information that the licensing authority may requir-e. (b) The completed application and all additional information submitted shall not contain any false information or conceal any material facts. (c> A permit to construct shall expir^e six (E) months fr•orn the date of issuance unless canstr-uction of the private sewage facility covered by the perrnit has conrmer~ced. An expired permit to construct may be re-issued provided there are no changes in the conditions under which the previous permit was issued. R fee will be charged to cover costs of re-issue of per-rnits. -~~r- When a permit has expired and conditions have changed, a new application must be processed and the required new application fee roust be paid. Fees are not refundable. (d> Within thirty (30) days after a proper and complete application has been made, the licensing author^ity shall make a finding on the issuance of a permit, based upon the infor-mation contained in the completed application and any other information available to the licensing author^ i t y. (1) Upon a finding that ccrostructian can cornrnence, a permit to constr-uct shall be issued to the applicant. (2> Upon finding that a permit to constr-uct cannot be issued, the licensing authority shall so notify the applicant in writing withir~ ten (10) days of that finding and shall include the r-easans for- denying the issuance of a permit. 7.03. LICENSE TO OPERATE. (a) Each r~ew private sewage facility shall be inspected ar~d approved 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> hour-s, excluding weekends and legal holidays, prior to the need fur inspection. (2) _The app3-icant cr installer shall provide whatever reasonable assistance the licensing author-ity requests in order to make the inspection. Terms of Licenses. (i) Private Single Dwelling Units. Upon the effective date of this subchapter, valid licenses for• pr-ivate 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 reinspect ion will be requir-ed before a license can be issued to the new owner. (ii> C__o_m_m_erc_ial and Multiple Unit _Systems. Licenses for- commercial and multiple ~_init septic tank systems issued under this s~.ibchapter snall be effective for- a term of three (3) years beginning the effective date of this subchapter. -- (iii) Any license issued under this subchapter shall automatically ter-rniriate if there is a subdivision of the property served by the septic system, if there is a change in ownership of the proper^ty served by the septic system, if the property is used for a purpose other than that described in the original application, if the loading of the system is significantly incr-eased beyond that stated ire the application, if the system fails, or- if an organized disposal system is developed to within 3r)0 feet of arty portion of the septic tank system, if the licensing authority considers connection feasible. A new inspection must be made pr-ior• to the issuance of a r~ew license. If an existing private sewage facility is causing pollution, a thr^eat to the public health, or nuisance conditions, the licensing authority shall r-equire 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. -c2- u 7. U4. SPECIAL REQUIREMENTS FOR INSTITUTIONS. (a) A Registered Professional Engineer-, Registered Professional Sanitarian, or similarly qualified person, approved by the licensing authority, shall design all private sewage facilities serving institutions which will discharge in excess of 5U0 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, but instead, treatrnerrt units with two or more compartrner~ts or two or more tr-eatment units connected in series shall be utilized. 7. G5. SPECIAL REQUIREMENTS FOR AEROBIC SYSTEMS, COLLECTIVE SYSTEMS AND OTHER ALTERNATIVE SYSTEMS. (a> A Registered Pr-ofessianal Engineer or Registered Professional Sanitarian, or• similarly qualified person, approved by the licensing authc~r-ity, shall design all private sewage facilities utilizing aerobic treatrner~t processes, all collective systems and all other alternative systems, provided, however, the design meets _, the requirements of Sec. 2. G6. of these Rules and R~_ile .OG^c (b) "Design Approval for Private Sewage Facilities" of the Standards. (b> Upon completion of the installation of private sewage facilities designed under Sec. 7. U6. (a) above and pr•ior- to issuance of a license, a notarized cer-tification will be required-by the person designing the system, stating that the installation has been inspected and has been installed in accordance with the design drawings and specifications. _" _ L.. CHAPTER 8 SUBDIVISIONS 8. U1. 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 from the licensing authority prior to submittal of the preliminary plat for• subdivision review and commencing construction (except far vegetation clearing). No per^rnit to construct or license to operate will be issued for• development in a subdivision that does not comply with applicable portions of the County Subdivision Regulati~~ns. 8. U2. APPLICATION. (a) An applicant for a licensing authority recornrnendation shall submit an application to the licensing authority containing information that is adequate to establish: (1) That it is not feasible for• the applicant L•o provide sewer service to the subdivision by rnear~s of an organized disposal system, and (2) That private sewage facilities may be used in the specified subdivision without causing or- threatening to cause, iridivid~_rally or collectively, pollution, in~ur•y to the public health, or^ nuisance conditions. This information will include as a minimum: (A) A map or maps locating the subdivision relative to on and off-site: (i> Water or water in the State, (ii) Watersheds, (iii> lU0 year flor_,dplain and floedway as established by the Federal Emergency Managerner~t Agency, (iv) Topography, with contours not greater than five (5) foot intervals, (vi) Soil profiles, as classified by the Soil Survey of Kerr County, Texas, -~4- •,~, (vii) Existing and proposed individual and public water supply wells, (viii) Existing and proposed organized disposal systems. (R> 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 and groundwater profile of the entire subdivision cansistir~g of core dr-fillings or- pit profiles to a depth of 8 feet at the location of each septic system on proposed lots or tracts, including an analysis by a Professional Engineer, Geologist, or Soil Scientist. The analysis should include soil percolation potential, depth to bedrock, ar~d depth to perched or seasonal gr^oundwater tables. This information roust be presented to the licensing authority when the plat is submitted for review. A statement of an adequate water supply source which will provide water for the propr~sed subdivision must also be fur-Wished. The sour-ce carp be an appr-Hued public water supply, r_~r pr^ivate water- wells, if an adequate potable aquifer- is available. (C) A list that specifies the type and maxim~_rm size that will be allowed on each lot. &ased 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 Standards car. be constructed on each lot. (D) At the discr^etion of the licensing authority ar~d ire consideration of the size and density of the proposed subdivision and other conditior~s known to exist in the vicinity of the proposed subdivision, one or more geological cross-sections may 6e required from the applicant. These cr-oss-sections sfiall illustrate the geologic formations that make up the subsurface below the subdivision down to the first aq~_rifer that supplies, ar- may be used to supply, drinking water- in the area. These cross- sections shall illustrate the primary dip and characteristics (permeable, imper-meable, water- bearing, etc.) of each formation and the elevation of any water table. (b> The required fee shall accompany the application. -25- ~. ...~ tc) No subdivision proposed for use of private sewage facilities will be approved or recorded without the recornrnendation 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 recomrnendatian shall be forwarded to the subdivision review authority, and to the applicant. (1) Approval: If the recornrnendation is for• approval of the subdivision as pr•opased for use with private sewage facilities, the subdivision review authority will continue to process the plat f~~r- approval and record ir~g. t2> Approval with Conditions or Denial: If the recommendation is for approval with conditions or• for denial, the applicant may accept the recommendation or follow the pr•ocedur^e for exception on appeal as outlined in Chapter 3 of this Order. (d) Limits of Approval : An appr^oval roc ornmendat ian do yes nC~t constitute either a permit t~~ construct or a license to operate a specific private sewage facility. Final subdivision plat approval by the Commissir_~ners Court is a prerequisite to obtaining a permit or license. 8.03. LOT SIZES AND REQUIREMENTS. ta) Lot sire criteria: minirnurn lot size is based on factor-s used to determine the suitability of the lot far private sewage facility disposal of sewage and provide enough useable land area for location of the original system, area for repair or replacement of the system, and additional land area when poor soil conditions exist on a lot that may prohibit the use of a private sewage facility. (1> Steep slopes provide fewer suitable locations for^ a soil absorption unit and may present increased danger of erasion ar~d surface water infiltration of the sail absorption unit, and increase the danger of surfacing effluent which may present a health, pollution or nuisance problem. (2) Soil type and geological structure may be mar^ginal or unsatisfactory far a nunrber• of reasons. The roost important of these are: -2(;- ~.. ~- (A) Irnperrneable layers of clay or rock near the surface. (B) Fractures, caverns or crevices in limestone formations increasing the danger of contamination of underground water, if present. (b3 (C) Highly permeable sand or gravel near water- wells, streams, or Iakes. (D) Areas having a high or fluctuating water tables c,r seasonal springs. (3) No part of an absorptive facility shall be installed within 125 feet of any springs or spr•ing- fed and/or normally flowing streams measured horizontally from the water's edge (at normal flow) except where the average percolation rate is Iess than 5 minutes per inch of fall, this distance is increased to 200 feet from the water's edge. Alternative waste disposal systems may be required were percolation rates ar•e less than 1~r min~_,tes/inch of fail in areas adjacent tn_ springs or normally flowing streams. (4) Lots shall be laid out where p~~ssi6le for• connection to a f,_rture wastewater collection system. Lot Size Requirements: <1) private Sewage Facilities for- lots in subdivisions shall. be approved by the licensing authority sub,7ect to the following provisions: (A) Lots served by a publir_ water system shall be a minirrturn of 1/e acre, (B) There are two (2) dedicated waste disposal areas of 2,500 square feet each, under 15iG slope and suitable for use for a private sewage facility utilizing sr_,il absorptir_,r,. The location of each 2,500 sq,.rare feet area must be designated c.n the preliminary plat. (C> For lined evapotranspiration systems, a rninimurn lot size of one <1) acre shall be provided with no slope or area requirements. -27- .. ~~ ' v Alternatively, a lined evapotranspiration system may be utilized on a one-half (1/2) """' acre lot provided there are two areas of 2,50U square feet each, under 15X slope, and suitable for use for a private sewage facility. The location of each 2,5UU square foot area must be designated on the preliminary plat. (D> Lots served by individual water wells shall be a minimum of one (1) acre. (E) In calculating lot or tract sizes, easements, drainage ways, or• right of ways adjacent or through such tracts shall be excluded. (e) Collective Private Sewage Facilities s)iall be approved by the licensing authority sub,7ect to the following provisions: (A> The gross density of the subdivision shall riot exceed two dwelling units per- acre. Such gross density shall be defined as the total number- of residential ~_mits divided by the total acreage withir~ the per^irneter^ of the subdivision. ($) For each dwelling unit utilizing the collective system, at least 5,000 squar-e 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 square feet. (3) Collective private sewage facilities for residential properties shall meet the following additional requirements: (A) Collective private sewage facilities shall only be approved for• condominium regimes, planned units developments, or ar~y 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 right of the authority to assess and collect such fees shall be clearly defined ire the homeowners agreement or other legal documents issued by such authority to the residents. -c8- ~~ (g) prc,or_~sed collective pr^ivate sewage facilities shall be located outside the twenty-five year ~, flood plain; provided that one--half <1/.'_') c.f the disposal area shall be located outside ~~f the one Mandred year flood plain (4) Special Requirements f~~r Institutions. A Registered Professior:ai Civil Er~gir~e~~r, Registered Pr,pfessional Sanitarian ~~r• similarly qualified person approved by the licensing aut h~:rity; ar ':he licensing authority, at i{:s discretion, shall design all private sewage facilities serving instituticrr,s. Said de=.igns shall be made ir: accordance with these Rules, including thz Standards. S,t700 square feet of lot area nt~ast tre designated for each bed r-nom to ba served wna're bedrooms ar•e involved. in r~on-residential s_tbdivisions ir:volvinp b~_tsiness, cornrnercia_, ar'id industrial activities, each Fo~..tr• hundred (40i_'? gallons per day of sewage for such institutiorrea shall be eauivalzrri, to that ~~F a sing ).e t=_amil_v unit. Lets shall be si-~ed in accc~rdar:ce witi-~ tr-~~= Standards exr_?oL- __s d:=sc~^i}:~~~: abc~~e. (Si where difric_~_tit _..~_ _~'~ridi...ons s_tch a~ ~r,_~a~_ slopes, shallow ground water, and poor- drainage exist, the licensing aur:horiiy rna_y scmetirnes "- recuir•e or approvz a design submitted by +~ Professic,nal Er:gineer, Registered Proc=essional Sanitar^ian or similarly oualified oers~r, approved by the licensing authority. B.t~4. NOTICE (a) Wher^e an approved recr_,rnrnendatinn has been made and thcr subdivision is recorded, a copy of the written recornrnendati:rri with arty conditions stated shall be filed as a deed record for the subdivision lots. (b) Any person, or his agents or• assignees, desiring to create a s:abdivisi~7n t}tat will utilize private sewage facilities, irr whale or• in part, and sell, lease, or rent the lots therein shall ir~forrn in writing each proSp2Ct 1Ve p~.t r'ChaSer•, 1353e~'. _~r r^°'rrl: =_r: (1) That the subdivisi,.~'n is sup„ect t~:~ all of thrs teems and conditions of these Rules; (~) That a oermit to c~~nstruct shall be required bef=ore a private sewage facility can ba cvnstr~_tcted ir; the s~addivis~or~. -_'~- .., ~..,,- t3) That a license to operate shall be required for- the __ operation of such a private sewage facilityr t4) That an application fc~r^ a s~.~bdivision with private sewage facilities has been made and appr'ovedr including any restricticros placed on any such approval. -3i)- .., ._, CHRPTER 9 ENFGRCEMENT 9. Sri. INFORMAL (a> The licensing authority may ror_ttinely inspect private sewage facilities to assr_(re ccrr:tin:aed compliance with these Rules. (b) The licensing authority snail inspect any private sewage facility tha+, is reasor:ably believed to be car_~sir~g pollrttion, a thr-eat to the public health, or rn_(isance conditions, or tc. have been substantially modified withortt complying with these Rr_tles bawd orr a cred?ta61n complaint or ether inf~~rmati~~n available t~~ the licensing auth~~rity ar:d may inspect any new private sewage facility should the conditions existing at the tiros c.f licensing be found to have changed. If upon such inspection it is found that pollution, a threat tc. pr_tblic health, car nuisance conditiorre is occ~_trring, ar` an r.tnperrnitted substantial modification was performer„ the licc.nsin^ _!.:_ii.r•~or.*.v wall sc. nr~;it'.~ .~lr_ owncar . ," :, -- Or`1`+a:.. .o-4vd.^. i? crCl._. ~Yi 'v "P ':: .'t^ =1":C' 11lC: irlC r_ '~i ,'. problems (n llsL pe r^er:lepl~e^ lr: _~rd ei` tG aC'l1BVB c_~mpl lance, and se+. a reasor;abie amo:_mt of time tc~ achieve compliance. The private .>ewaige facility sha,il be reinspected aL- the expiration of ttlc3 allotted +.irne. (1) If the facility is for_md to be r_ornpliant, a licer~se ther^efore may be iss:_(ed or` the existing lie?rrPsL' n;ay be modified. (~') If the facility is fo~_tnd to be noncornpiiant, appropriate enforcement shall be taken. 9.ci2. CRIMINAL (TEXAS WA"fER CODE, SEC. c6.;=:14) (a> R per-son who violates any of these R:_tles, is g:_tilty ~~f a rnisderneanor and can ccmviction 7.5 punish table by a fine cif not less than 3+lcj.u0 nc~r- mor^e than 3clli;.0(7. '`each day that a viol at i.~_~r, occurs constitrttes a separate c~ffer~se. tb) Jurisdiction f~~r pr~_,secr_rti_~~n of a self r_(nr~.:_r in:> sectir_,n is in the ,7,_tstice oi= the peace tour`ts. (c) Venue fc,r prosecution of a suit :_tnder- this section is in the ,7,_tstice r_,f the peace pr-ecinct in which the violation is alleyed to have c~cc:ar•r`ed. -3ti- ., V ~.r" 3.0.;. CIVIL (TEXAS WATER CODE, SEC. 26.124) (a) Whenever it appears that a violation or- the thr-eat of a violation of any of the terms and conditions of these Rules has occurr-ed or is occurring, the licerisir,g authority may have a suit instituted in a district court through its own attorney for- ir,~unctive relief or- civil penalties or both against the person who committed, is cornrnitting, or- is thr-eater~ing to cornrnit the violation. (b) Such suits may not be instituted by the licensing authority unless the Commissioners' Court has adopted a r-esolution author-izing the institution of t'tre suit. (c> In suits brought under this sectiory the Texas Water Commission is a necessary and indispensable party. '3.04. FAILURE OF LICENSED FACILITIES. Compliance with the provisions of these Rules and the recommendations of the licensing authority will nc~t bar ar,y cause of action tq abate a rn.u~:;nee +_,noer Texas R_v. Civ. St at. Arm, art. 44i7-1. COUNTY PRIVATE SEWAGE FACILITY ORDERS / ADOPTION AND AMENDMENT PROCEDURES (NOTE: Please follow these procedures closely. Failure to do so may result in unnecessary delays in obtaining approval by the Texas Water Commission.) ADOPTION PROCEDURES 1. Conduct a public hearing to determine whether rules should be .adopted to abate and prevent pollution or injury to public health caused by, or that may be caused by, private sewage facilities. a. Publish a public hearing notice at least once in a newspaper regularly published or circulated in the county. The notice must be published not less than 20 days before the date set for the public hearing. (See the model notice of public hearing. Please note that the model states that a proposed order is available for review. This proposed order may be either a copy of the model order included in this pamphlet or an;~ proposal that has been drafted at that time.) b. Obtain from the newspaper a publisher's affidavit of tke publication of the public notice and a copy of the notice as published. ' c. Conduct the public hearing at the appropriate date, time, and place. d. Prepare a brief. summary of the issues addressed at the hearing. 2. Draft a proposed order, with included rules, for private sewage facilities. a. Have the county attorney, or the attorney who represents the Commissioners Court, draft a proposed order in conjunction with the appropriate county sanitation official. The proposed order should be based upon the enclosed model order and should address all of the issues that are addressed in the model order. Please see the enclosed outline far the model order for guidance and requirements. The model order and the rules it includes are the minimum requirements that the Texas Water Commis- sion (TWC wil approve. Justifiable variances from the model order are allowed; however, each variance must be justified in writing in order to speed the review and obtain the approval of Texas Water Commission. For a faster review, it is urged that the justifications include: (1) a cress-reference between the proposed order and the model order showing all provisions that are exactly the same; (2) a cross-reference of all other provisions that have been modified with explanations for the modifications; and (3) a list of all provisions of C'"_ ... the model order that have been deleted and all additional provisions in the proposed order with explanations for those deletions and additions. b. Obtain tentative approval to proceed from the Commis- sioners Court. 3. Obtain from the Texas Water Commission approval to present the proposed order to the Commissioners Court. a. Send a copy of the proposed order, the publisher's affidavit of public notice with a copy of the notice, and the summary of the public hearing, to the Texas Water Commission, Attention: Bill Thompson, Legal Division, P, O. Sox 13087, Capitol Station, Austin, Texas, 78711. Texas Water Commission's review will take approximately 3 to 4 weeks. b. After receipt of comments from the Texas Water Commission, make necessary modifications to the proposed order and send a copy of those changes to the Texas Water Commission, Attention: Bill Thompson, c. Obtain written approval from the Texas Water Commission to present the proposed order to the Commissioners Court. 4. Present the proposed order to the Commissioners Court for adoption. 5. After adoption by the Commissioners Court, send a certified copy of the adopted minutes, order, and rules to the Texts Water Commission, Attention: Bill Thompson, .` 6. The order will become effective upon the adoption of a resolu- tion by the Texas Water Commission approving the order. T}ie county will be notified by telephone and in writing of the Commission's approval. AMENDMENT PROCEDURES 1. Publish the proposed amendments. a. Draft the proposed amendments in reference to the minimum requirements of the model order. b. Obtain tentative approval to proceed from the Commis- sioners Court. c. Publish the proposed amendments at least once in a newspaper regularly published or circulated in the county. The groposed amendments must be published not less than 30 days prior to the anticipated date of action by the Commissioners Court and must solicit written comments for that 30-day period, The published amend- ments need not be the entire presently effective order with proposed amendments, but must contain information that will allow one to understand the changes and a narrative explanation of those changes. (Please see the enclosed model notice of proposed amendments.) • ,,~ d. Obtain from the newspaper a publisher's affidavit of the ~ publication of the proposed amendments and a copy of the proposed amendments as published. 2. Obtain from the Texas Water Commission approval to present the proposed amendments to the Commissioners Court. a. Send a copy of the proposed amendments as modified as a result of any public comments, the publisher's affidavit of publication with a copy of the proposed amendments as published, and a copy of the written comments to the Texas Water Commission, Attention: Bill Thompson. Texas Water Commission's review will take approximately 2 to 3 weeks. b. After receipt of comments from the Texas Water Commis- sion, make necessary modifications to the proposed amendments and send a copy of those changes to the Texas Water Commission, Attention: Bill Thompson. c. Obtain written approval from the Texas Water Commission to present the proposed amendments to the Commissioners Court. 3. Present the proposed amendments to the Commissioners Court for adoption. 4. After adoption by the Commissioners Court, send a certified copy of the adopted minutes and amendments to the Texas Water Commission, Attention: Bill Thompson. 5. The amendments will become effective upon the adoption of a ', resolution by the Texas Water Commission approving the ~, amendments. The county will be notified by telephone and in writing of the Commission's approval. ALTERNATIVE AMENDMENT PROCEDURE As an alternative to the above amendment procedures, a presently effective order can be entirely repealed and replaced by a new order by following the above adoption procedures. i i Upper Guadalupe RiverAuthority 275 W. Water St. P.O. Box 1278 Kerrville, Texas 780237278 512$965445 27 Rugust 1987 The Honorable Judge Kerr County Courthouse Kerrville, Texas 78028 Dannya 8. W. Bruns General Manager You may want to contact Mr. Sill Thompson (1-463-8069) with the Legal Division of the Texas Water Commission before considering amending the County+s Private Sewage Facility `~ Order regarding lot size requirements. I have enclosed several documents for your information regarding same. ~~ COUNTY PRIVATE SEWAGE FACILITY ORDERS MODEL NOTICE OF PROPOSED AMENDMENT TO COUNTY RULES FOR PRIVATE SEWAGE FACILITIES RULES OF PUBLIC NOTICE OF PROPOSED AMENDMENT TO THE COUNTY FOR PRIVATE SEWAGE FACILITIES The Commissioners Court of County proposes to amend Section(s) of the Rules of County for Private Sewaqe Facilities. (Narrative explanation of effect of amendment and supporting rationale. (E.g., Section 3.01(a) is proposed to be amended to require persons who desire an exception to these Rules to submit -- three (3) copies of their request. The Commissioners Court feels thalt the applicant should bear the administrative cost of providing the information in a request to all persons who must review the request.)). (Pertinent sections as they are proposed to be amended with indica- tions o£ the amendments. E.g., §3.01'. EXCEPTION. (a) A person desiring an exception to any requirement of these Rules shall file three copies of a written request with the licensing authority stating; w * ,r) Written comments concerning the proposed amendments may be sub- mitted to (Name), County Judge (or other designated person), (Address), (Telephone number), until 30 days after the date of this i l notice. The Commissioners Court will consider the adoption of these proposed amendments no earlier than 31 days after the date of this notice (or a specific date at least 31 days after the date of the notice). ~~