ORDER NO. 19876
MOTION TO APPROVE THE AGREEMENT WITH THE CITY OF
INGRAM FOR ON-SITE SEWAGE FACILITIES SERVICES
On this the 9th day of October 1990, upon motion made by
Commissioner Baldwin, seconded by Commissioner Holekamp, the
Court unanimously approved by a vote of 5 to 0 to approve the
Intergovernmental Agreement with the City of Ingram for
On-Site Sewage Facilities Services, a copy of which is
attached and made a part hereof. The Kerr County
Environmental Health Department will serve as representative
to administer the City of Ingram's on-site sewage facilities
order.
COMMISSIONERS' COURTA~ NDA REQUEST
• PLEASE FURNISH ONE nRIGINAI AN S VEN OPI OF THI REQUFSTAN DO M NTS
TO BE REVIEWED BY THE COURT
MADE BY: ~~ ti ~~ ~~t%~ L,~~~~~ OFF ICE: C~~ ~`~ ~ ,~~~~ _-~_
MEETING DATE: /D -- ~'- -iC~ TIME PREFERRED: _~-
SUBJECT: (PLEASE BE SPECIFIC): ~5=~-i~G, ~ %ti. a-- lzc-.," ~ ~ s,~-~ -L~

ESTIMATED LENGTH OF PRESENTATION: /cy f??~ ~~ yT~ S
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: ~~r ~~ <<=~ ~, ~ ~/~_
Time for submitting this request for Court to assure that the matter 1s posted 1n
accordance with Article 6252- 1 7 is as fol lows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday
• Meetings held on Thursdays: S:oU P. M. previous Thursday.
If preferable, Agenda Requests may be made on office stationery with the above
Information attached.
THIS REQUEST RECEIVED BY: ~ ~_-
TI-I IS REQUEST RECEIVED ON: /U - ~ - lC,~ @ ~ ' ~ ~ ,~'~j.
All Agenda Requests w111 be screened by the County Judge's Office to determine 1f
adequate information has been prepared for the Court's formal consideration and action at
time of Court meetings. Your cooperation w111 be appreciated and contribute towards
your request being addressed at the earliest opportunity.
P E ~ ~ KERR COUNTY
~' ENVIRONMENTAL HEALTH DEPARTMENT
W
`~ a 101 Spur 100
~oorv of re`s Kerrville, Texas 78028
(512) 896-5101
MEMORANDUM
Ta: Commissioners Court
From: David L. Litke ~~•-~~
Date: October 2, 1990
Subject: Intergovernmental agreement with City of Ingram for
on-site sewage facilities services.
The City of Ingram has requested the Kerr County Environmental
Health Department to serve as its designated representative to
administer the city's on-site sewage facilities order.
Enclosed is the city's resolution and fees ordinance. The
resolution is conditioned upon approval by Commissioners Court.
I would recommend to the Court that the resolution be accepted.
Signing of the resolution will put the resolution into effect.
ejg/10290
Enclosure
RESOLUTION NO . 90-082
A RESOLUTION AUTHORIZING THE KERR COUNTY ENVIRONMENTAL HEALTH
DEPARTMENT TO ACT AS THE CITY'S AGENT IN THE PERMITTING AND
ENFORCEMENT OF THE RULES FOR ON-SITE SEWAGE FACILITIES AND THE
MODIFICATIONS THERETO AS ADOPTED IN CITY OF INGRAM ORDINANCE
No. 89-06.
WHEREAS, the Kerr County Environmental Health Department has
agreed to act indefinitely as agent ("Designated Representative")
for the City of Ingram in the permitting and enforcement of the
Rules for On-Site Sewage Facilities of the City of Ingram, Texas;
and,
WHEREAS, the City of Ingram is in need of such services as
cffered by the Kerr County Environmental Health Department and
agrees that Kerr County shall be entitled to keep the fees collected
by it pursuant to the Rules for On-Site Sewage Facilities of
Ingram, Texas as consideration for acting as the City's agent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF INGRAM, KERR COUNTY, TEXAS:
THAT the Kerr County Environmental Health Department, and its
successors and assigns, be and is hereby given authorization to act
as the City's agent ("Designated Representative") in permitting and
enforcement of the Rules for On-Site Sewage Facilities adopted in
City of Ingram Ordinance No. 89-06.
THAT this authorization is to continue indefinitely until
either party shall have given 90 day's prior written notice to
the other party of its intent to terminate the agreement.
THAT the County of Kerr shall be entitled to retain the fees
paid to it in accordance with section 3.0~ of the Rules for On-Site
Sewage Facilities as adopted by the City of Ingram in Ordinance
No. 89-06 and the fee schedule established by the City Council
from time to time pursuant thereto.
THAT it shall be the duty and responsibility of the Kerr
County Environmental Health Department to do all things necessary
to accomplish the objectives of the Rules for On-Site Sewage
Facilities as adopted by the City of Ingram, and for the enforce-
ment of those Rules.
THAT all complaints relating to said Rules for On-Site Sewage
Facilities shall be first routed through the City offices, as a
matter of information and coordination, and then referred to the
Kerr County Environmental Health Department for appropriate
attention and action.
THAT the Kerr County Environmental Health Department shall
RESOLUTION N0. 90-082 page 2.
keep a duplicate written record of all matters received, referred,
and/or acted upon pursuant to this agreement, and shall provide
to the City Council of the City of Ingram each month a written
report thereof, including a copy of such written record.
THAT this Resolution is conditioned upon its acceptance by
the Kerr County Commissioner's Court. Duplicate copies hereof,
duly executed on behalf of the parties, shall constitute the
agreement of the parties.
PASSED AND APPROVED on this the ~~ day of ; ~'~ , 1990.
ATTEST:
,1 ~ ~~~. ~ ~ t s~~ ,~~,~
Mary B hanan, City Secretary
ATTEST:
Co y Clerk
AS TO FORM:

George J~Fikoff, Ci
for the City of I
y
THE CITY OF INGRAM, TEXAS
~~.Q J ~ ~ c
Donald C. Schultz, Mayor;
V
Accepted and agreed to by the
Kerr County Commissioner's Court
on this ~ y of Oefo6~ar ,
1990.
Danny R Edwards, County Judge

ORDINANCE N0. 90-081
AN ORDINANCE ESTABLISHING FEES FOR ADMINISTRATION OF THE RULES
FOR ON-SITE SEWAGE FACILITIES PURSUANT TO SECTION 3.04 OF SAID
RULES AS ADOPTED IN CITY OF INGRAM ORDINANCE N0. 89-06.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF INGRAM, KERR
COUNTY, TEXAS:
l.. Pursuant to Section 3.04 of the Rules for On-Site
Sewage Facilities, as adopted by Ordinance No. 89-06 of the
City of Ingram, the following administrative fees are hereby
established and shall be charged and collected:
Septic System New Construction $110.00
Includes State Fee and Flood Plain
Septic System Repair 100.00
Includes State Fee
License Transfer 25.00
Additional Inspections, over 3 30.00
Subdivision Review Fee 75.00
Plus $5.00 Per Lot
Pumpers Application New 100.00
Renewal 50.00
Flood Plain Development Permit 75.00
Exemption 10.00
Photocopies each page .25
2. This being an ordinance not requiring publication,
it shall be effective immediately upon passage.
PASSED AND APPROVED on this ~ day of ,1990.=~.
ATTEST:
\, , ~
`~
Mary Buc anan, City Secretary
THE CITY OF INGRAM, TEXAS
r
Donald C. Schultz, or
RULES OF CITY OF INGRAM, TEXAS
FOR
ON-SITE SEWAGE FACILITIES
CHAPTER 1.
CHAPTER 2.
2.01
2.02
2.03
2.04
2.05
2.06
2.07
CHAPTER 3.
3.01
3.02
3.03
3.04
DEFINITIONS
ESTABLISHMENT AND GENERAL PROVISIONS
Authority
Purpose
Area of Jurisdiction
Effective Date
Incorporation by Reference
Construction, Precedence, and Interpretation
Severability
ADMINISTRATIVE PROVISIONS
Exception
Appeal
Notice
Fees
CHAPTER 4. DUTIES AND POWERS
4.01 Duties and Powers
CHAPTER S. LAWFUL DISCHARGES AND REQUIREMENTS
5.01 Lawful Discharge
5.02 Requirements
CHAPTER 6. DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS
6.01 Connection to Organized Disposal Systems
CHAPTER 7. CONSTRUCTION AND OPERATION REQUIREMENTS
7.01 Requirements for New On-Site Sewage Facilities
7.02 Permit to Construct
7.03 License to Operate
7.04 Special Requirements for Institutions
7.05 Special Requirements for Aerobic Systems,
Collective Systems and Other Alternative Systems
1
CHAPTER 8. SUBDIVISIONS
8.01 Subdivisions
8.02 Application
8.03 Notice
Construction Authorization
CHAPTER 9. ENFORCEMENT
9.01 Informal
9.02 Criminal
9.03 Civil
9.04 Failure of Licensed Facilities
2
CHAPTER 1
DEFINITIONS
The following words and terms, when used in these Rules, shall
have the following meanings, unless the context clearly indicates
otherwise:
"Absorption Unit" - Any subsurface system that primarily
relies on soil absorption in an absorption trench or absorption
bed to dispose of the effluent from a wastewater treatment unit.
"Authorization" - A Subdivision Construction Authorization
as required in Chapter 8 of these Rules.
"Authorized Agent" - The City of Ingram.
"City Council" -The City Council of the City of Ingram,
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 system.
"Evapotranspiration Unit" -Any subsurface system that
primarily relies on evaporation and plant transpiration to
dispose of effluent from a wastewater treatment unit.
"Existing On-Site Sewage Facilities" - Any on-site sewage
facility that was in use on the effective date of these Rules.
Such a facility shall be an existing on-site sewage facility as
long as that facility is not causing pollution, a threat to the
public, or nuisance conditions; or is not substantially modified
after the effective date of these Rules. Any on-site sewage
facility that has been actually used at any time during the
twelve (12) month period immediately preceeding the effective
date of these Rules, shall be conclusively presumed to have been
in use on the effective date of these 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 property.
"Institution" - Any establishment other than a single family
residence.
3
"License" - A License to Operate as required by Chapter 7 of
these Rules.
"Designated Respresentative" - Means the City of Ingram, the
Kerr County Environmental Health Department or other
administrative agency or Registered Professional Sanitarin or
Registered Professional Engineer that has been designated by the
City Council in Chapter 4 of these Rules to have the duties and
powers to administer and enforce these Rules.
"Mobile Home Park" - Any facility or area developed for the
lease or rental of two or more mobile homes.
"New On-Site Sewage Facility" - Any on-site sewage facility
that does not qualify as an existing on-site sewage facility.
"Nuisance" -Any activity or condition that is or tends to
be, injurious to or adversely affects human health or welfare,
animal life, vegetation, or property; or interferes with the
normal use and enjoyment of animal life, vegetation, or property.
"Organized Disposal System" - Any publicly or privately
owned system for the collection, treatment, and disposal of
sewage that is operated in accordance with the terms and
conditions of valid waste discharge permit issued by the Texas
Water Commission or other authorized agency of the State of
Texas.
"Permit" - A Permit to Construct as required by Chapter 7 of
these Rules.
"Person" -Any individual, corporation, organization,
government or governmental subdivision or agency, business,
trust, estate, partnership and any other legal entity or
developers, installers, operators, or any other person
responsible for the construction, installation, or operation, of
a on-site 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 injurious to humans, animal life, vegetation, or property or
to the public health, safety, or welfare, or impairs the
usefulness or the public health, safety, or welfare, or impairs
the usefulness or the public enjoyment of the water for any
lawful or reasonable purpose.
"On-Site Sewage Facility" - All systems and methods used for
the disposal of sewage, other than organized disposal systems.
4
On-Site 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).
"Proposed Individual or Public Water Supply Wells or
Systems, or Proposed Organized Disposal Systems" - Any such we21
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 primarily organic and
biodegradable or decomposable and that generally originate as
human, animal, or plant wastes from domestic activities, such as
washing, bathing, and food preparation, and certain retail or
commercial activities.
"Single Family Residence" - A single family dwelling or
mobile home.
"Standards" - The standards set forth in the pamphlet
entitled "Construction Standards for On-Site Sewage Facilities"
and all future amendments thereto, which were adopted by the
Texas Department of Health, pursuant to Article 4477-7e, of the
Texas Revised Civil Statutes Annotated, as Texas Department of
Health Rules 25 T.A.C 301.11 through 301.17, No. 52, July 10,
19$7.
"State" - The State of Texas.
"Subdivision" - A subdivision that has been platted and
recorded with the county clerk or that is required by statute to
be so platted and recorded, or as defined by the City of Ingram
Subdivision Regulations; or mobile home park; or any lot or tract
used or intended to be used for multi-family dwellings, including
specifically but not limited to apartment, duplexes and
condominiums.
"Substantial Modification" - An increase in the size or use
of an on-site sewage facility's generating unit (residence or
institution) that, based on the considerations in the Standards,
could be expected to result in an increase of 25$ or more in the
average daily volume of sewage generated by that unit; or an
action that, based on the considerations in the Standards, could
be expected to result in an increase or decrease in the capacity
S
of an on-site sewege facility's treatment unit (septic tank) or
disposal unit (drainfield) by 251. or more.
"Water" or "Water in the State" Groundwater percolating or
otherwise, lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creek, 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 non-navigable, 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.
CHAPTER 2
ESTABLISHMENT AND GENERAL PROVISIONS
2.01 AUTHORITY.
These Rules are adopted by the City Council, acting in its
capacity as the governing body of the City of Ingram, Rerr County,
Texas. The City of Ingram adopts these Rules under the authority
of Section 5, Article 4477-7e, of the Texas Revised Civil
Statutes Annotated.
2.02 PURPOSE.
The purpose of these Rules is to abate~or prevent pollution of
the surface or ground waters, or injury to the public health of
the City of Ingram, Kerr County, Texas.
2.03 AREA OF JURISDICTION.
(a) These Rules shall apply to all of the area of the City of
Ingram except for the areas regulated under an existing
Texas Department of Health Rule.
2.04 EFFECTIVE DATE.
These Rules shall become effective upon their approval by the
Texas Water Commission, or other agency of the State of Texas
having jurisdiction o~f the subject matter of these Rules.
2.05 INCORPORATION BY REFERENCE.
The Standards and all future amendments thereto are incorporated
by reference and are thus made part of these Rules. A copy of
the Standards is attached to these Rules as Appendix I.
6
.~
2.06 CONSTRUCTION, PRECEDENCE, AND INTERPRETATION.
(a} These Rules shall be construed liberally to accomplish their
purpose. In construing the Standards, precatory words
contained therein shall be deemed mandatory.
(b) In the event of any conflict between these Rules and an
order, resolution, or rule adopted by the Texas Water
Commission, the order, resolution, or rule adopted by the
Texas Water Commission shall take 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 purpose of these
Rules, resolve any question regarding any interpretation of
these Rules or the Standards.
2.07 SEVERABILITY.
If any provision of these Rules of the application thereof to any
person or circumstances is held invalid, the validity of the
remainder of these Rules and the application thereof to other
persons and circumstances shall not be affected.
CHAPTER 3
ADMINISTRATIVE PROVISIONS
3.01 EXCEPTION.
(a} A person desiring an exception to any requirement of these
Rules shall file a written request with the designated
representative stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting of the
exception; and
(3) Any information that the designated representative
reasonably requests.
(b) Within thirty (30) days after the receipt of said request,
the designated representative shall review the request and
reply to the applicant in writing either granting or denying
the request. If the request is denied, the designated
representative shall include the reasons for denied in the
reply.
7
3.02 APPEAL.
(a) Any person aggrieved by an action or decision of the
designated representative made hereunder may, within thirty
C30) 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 City Council.
(b) The appeal shall be initiated by filing a written objection
with the Municipal Clerk of the City. The written objection
shall state what the complainant believes the action or
decision of the designated representative should have been
and the reasons therefor. A copy of the document containing
the notice of the complained of action or decision, if no
document was given shall be attached to said written
objection.
(c) When an objection is filed, the Municipal Clerk shall notify
the Mayor of the City of Ingram who shall place the matter on
the Agenda of the City Council for review at the next regular
meeting of the City Council, that is at least ten (10) days
after the date of the filing of the objection. The Municipal
Clerk shall notify the designated representative and the
complainant that the matter is on the agenda.
(d) The City Council shall review the matter and consider such
information and evidence that the City Council may deem
relevant and that may be offered by the designated
representative or the complainant. The City Council shall
either affirm, reverse, or modify the action of the
designated representative.
(e) These provisions for appeal are not exclusive, but are
cumulative of any other remedies at law or in equity.
3.03 NOTICE.
Any notice required to be given pursuant to these Rules, shall be
considered given by depositing same in the U. S. Mail, postage
prepaid, and addressed in accordance with the information given by
an applicant or complainant.
3.04 FEES.
To defray the reasonable cost of administering these Rules, the
designated representative shall require fees to be paid in
accordance with the schedule established from time to time by
the City Council by filing of an application for a permit,
8
-- - --_
license, or authorization; a written request for an inspection or
exception; or an appeal.
3.05 LICENSING OF INSTALLERS.
(a) No installer may commence 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 designated representative.
(b) Licensing procedures shall be as follows:
(1) In order to obtain an installer's license, an installer
shall make application to the designated representative
and the designated representative shall provide the
installer with a copy of these Rules including all
current amendment and all applicable State laws.
(2) The installer, upon demonstrating a knowledge of the
Rules and Standards, and appropriate health law, shall
be issued an installer's license.
(3) An installer's license fee as determined by the City
Council 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 designated representative 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 alI on-site
sewage facilities installed under his authority and
pursuant to his license.
(e) A licensed installer shall be responsible for good work-
manship practices and for following these Rules in the
installation of all on-site sewage facilities installed
by him or under his authority.
(f) Suspensions and Cancellation.
(~) On a showing of good cause, the designated
representative may suspend or cancel an installer's
license. Grounds for suspension or cancellation of
9
an installer's license include, but are not
necessarily limited to the following:
(A) Installation or alteration of a private sewage
facility without a valid permit to construct
having been issued by the designated
representative.
(B) Significant alteration or removal of, or damage
to, a new on-site sewage facility after the
designated representative's final inspection
thereof .
(C) Repeated and documented faulty workmanship in
connection with the installation or repair of
private sewage facilities.
(D) Any other violation of these Rules.
(2) Whenever it appears to the designated representative
that a licensed installer has violated or is
violating any requirement of this section 3.05, the
designated representative shall provide the
installer with at least ten (10) days written notice
of a hearing to be held for the purpose of
considering the suspension or cancellation of the
installer's license. Following the hearing, the
designated representative shall provide the
installer with written notice of its decision, and
shall include therein the reasons for any suspension
or cancellation. (Note: The appeal procedure
specified in Section 3.02 applies to this decision
without further mention in this section).
(3) Violations listed in items (a) and (b) above may
result in cancellation of the license. An application
for anew license may not be made for a period of one
hundred and eighty (180) days after cancellation.
Violation of items (c) or (d) may result in license
suspension for period of sixty (60) days. After (2)
suspensions of a license any further violations may
result in cancellation of the license for at least one
hundred eighty (180) days.
(4) A property owner who installs his/her own on-site
sewage facility shall be exempt from the
requirements of this Section 3.05 provided however
that the design and installation shall be under the
10
direction of a registered
professional engineer.
3.06 LICENSING OF SEPTIC TANK PUMPERS.
sanitarian or license
(a) No person engaged in the business of septic tank pumping may
commence or proceed in any manner with the removal of
effluent, sludge or any other matter from a private sewage
facility without first having a Septic Tank Pumpers License
from the designated representative.
(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 application to the designated repre-
sentative
(2) The application for Septic Tank Pumpers License shall be
accompanied by a fee to be set by the City Council.
(3) The designated representative shall issue a Septic Tank
Pumper's License to the applicant upon the applicant's
demonstration to the designated representative of a
knowledge of these Rules, Standards and applicable
State laws.
(4) A Septic Tank Pumpers's License shall be valid for one
(1) year from the date of issuance. A fee to be set by
the City Council shall be charged for renewal.
(c) The designated representative shall keep available a
current list of Licensed Septic Tank Pumpers.
(d) A licensed Septic Tank Pumper shall directly supervise the
pumping and/or removal of effluent, sludge or any other
matter from an on-site sewewage facility, and shall be
responsible for the proper removal and disposal of any
effluent or matter so removed.
(e) A Licensed Septic Tank Pumper shall maintain a waste
hauling log book and submit monthly reports of his
activities to the designated representative.
(f) Suspension and Cancellation.
(1) On a showing of good cause, the designated
representative may suspend or cancel a pumpers
license. Grounds for suspension or cancellation of
11
a pumpers license include, but are not limited to
the following:
(A) Disposing of septic tank sludge and effluent in
an unapproved manner.
(B) Repeated and documented faulty workmanship in
connection with pumping of private sewage
facilities.
(C) Any other violation of these Rules.
(2) The appeal procedure specified in Section 3.02
applies to this decision without further mention in
this section.
CHAPTER 4
DUTIES AND POWERS
4.01 DUTIES AND POWERS.
The Kerr County Environmental Health Departmgnt, or other agency
or a Registered Professional Sanitarian or Registered
Professional Engineer, as the City Council may designate from
time to time, shall be designated to be the designated
representative for these Rules and thus will have the duty and
necessary powers, to administer and enforce these Rules. The
Kerr County Environmental Health Department, or other agency or a
Registered Professional Sanitarian or Registered Professional
Engineer, as the City Council may designate from time to time, as
the designated representative shall have the following duties
and necessary concomitant powers:
(1) To enforce these Rules and to make appropriate
recommendations to proper City authorities when instances
of noncompliance with these Rules have been determined.
(2) To make inspections of any existing private sewage
facilities, when requested or required, and all new private
sewage facilities.
(3) To collect all fees set by the City Council as necessary to
recover the reasonable costs incurred in meeting the
requirements of these Rules.
(4) To make semi-annual reports to the City Council on all
actions, including legal actions, taken concerning these
Rules.
12
(5) To develop the necessary procedures, including development of
application forms, and establishment of 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.
CHAPTER S
LAWFUL DISCHARGES AND GENERAL REQUIREMENTS
5.01 LAWFUL DISCHARGES.
After the effective date of these Rules, only the following types
of sewage discharges shall be lawful:
(1) Sewage discharged into an organized disposal system
operating under a valid permit issued by the Texas Water
Commission, or its successor.
(2) Sewage discharged into a private sewage facility designed,
installed, licensed, operated, and maintained in accordance
with these Rules.
(3) Sewage discharged into an existing on-site 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, or nuisance conditions.
5.02 REQUIREMENTS.
(a) No person, except the person owning or having the right of
possession and use of the parcel of Iand upon which a proposed
on-site sewage facility is to be located, or such person's
agent, duly appointed in writing, may apply for a an on-
site sewage facility permit or license.
(b) The design, construction, and installation of any new on-
site sewage facility and the maintenance of any on-site
sewage facility shall, at a minimum meet the requirements
set forth in the Standards.
(c) No person may cause, suffer, allow, or permit the construction
or installation of, or a substantial modification to, a
on-site sewage facility unless a permit therefor has first
13
been issued.
(d) The construction, installation, or substantial modification
of an on-site sewage facility shall be made in accordance
with the approved design and requirements of the permit
issued therefor.
(e) No component of an on-site sewage facility shall be covered
until an inspection by the designated representative 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 designated representative has determined, as evidenced
by the issuance of a license, that the installation,
construction, or substantial modification complies with
these Rules, the Standards, or other special conditions
specified in the permit.
(f) No person may cause, suffer, allow, or permit the operation
or use of a new on-site sewage facility unless a license, or
necessary license amendment therefor, has first been issued.
(g) No person may cause, suffer, allow or permit the construction
or installation of an on-site 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 prior to the effective date of these Rules,
may be permitted to be constructed on a lot smaller than
one-half acre, if it is demonstrated by a thorough
investigation that a private sewage facility can be operated
without causing a threat or harm to an existing or proposed
water supply system or to the public health, or the threat
of pollution or nuisance conditions.
(h) The effluent from an on-site sewage facility, whether using
a aerobic or anaerobic treatment unit, must be discharged
into a properly designed and constructed absorption or
evapotranspiration unit and shall not be discharged to the
ground surface or into or adjacent to any water in the
State; except that in areas where soils are unsuitable for
conventional on-site sewage disposal systems, effluent from
National Sanitation Foundation, Standard 40, Class T aerobic
systems or equal as approved and listed by the Texas
Department of Health may be discharged to the ground
surface by irrigation if the designated representative
determines that the method will not create a nuisance and
complies with the Texas Department of Health standards and
policies. There shall be no off-site discharge of effluent.
i4
(i) Injection wells, pit privies, and cesspools used to dispose of
sewage, and any system utilizing naturally or artificially
produced holes, cavities, or drilled wells to ease the
disposal of sewage are specifically prohibited from being
installed and licensed.
(j) No person may cause, suffer, allow, or permit the maintenance
of an on-site sewage facility in such a manner as to cause,
or as may tend to cause, pollution, injury to public health,
or nuisance conditions.
(k) The designated representative shall not issue a permit for
the installation of a private sewage facility until a plat
of the building Iot has been approved by the City Council,
and filed for record in the office of the County Clerk,
unless the owner of said property has applied for and
received an agricultural exemption from ad valorem taxation
for said property. Prior to issuing a permit the designated
representative shall ascertain from the County Clerk that
the proposed building lot is a Iot in an approved
subdivision or that it is required to be platted, or that it
is excepted from the platting requirements.
CHAPTER 6
DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS
6.01 CONNECTION TO ORGANIZED DISPOSAL SYSTEMS.
In order to implement the stated policy of the legislature and
the Texas Department of Health 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 in the State, the following requirements are made:
(1) No person may cause or allow the installation of an on-
site sewage facility when any part of the property to be
served by the private sewage facility is within 300 feet
in horizontal distance (measured on the closest
practicable access route) of an existing organized
disposal system, unless one of the following requirements
has been met:
(A) The person has received a written denial of service
from the owner or governing body of the organized
disposal system; or,
15
(B) The person has received a written determination from
the designated representative that it is not feasible
for the person to connect to the organized disposal
system.
(2) Whenever an organized disposal system is developed within
300 feet in horizontal distance (measured on the closest
practicable route) from any part of property that is
served by an on-site sewage facility, that facility shall
be connected to the organized system within 120 days of
receiving notice from the owner ar 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.
CHAPTER 7
CONSTRUCTION AND OPERATION REQUIREMENTS
7.01 REQUIREMENTS FOR NEW ON-SITE SEWAGE FACILITIES.
(a) A permit to construct must be obtained from the designated
representative prior to commencing the construction or
installation of, or a substantial modification to, an on-
site sewage facility and will be issued upon a finding that
construction can commence.
(b) A license to operate must be obtained from the designated
representative prior to operating a new on-site sewage
facility and will be issued after satisfactory completion
and approval of construction.
7.02 PERMIT TO CONSTRUCT.
(a) To make application for a permit to construct, the applicant
shall submit to the designated representative the following:
(1) A properly completed application for a permit to
construct and a flood plain management development permit.
(2) The required fee.
(3) A legal description and/or map 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.
16
(ii) Depth to bedrock or other impervious strata.
(iii) Approximate soil permeability based on the Soil
Survey of Kerr County, Texas (Soil Conservation
Service - March 1986).
(5) When required, the results of soil percolation tests
performed by a Registered Professional Engineer,
Registered Professional Sanitarian, or similarly
qualified person, approved by the designated
representative. Percolation tests shall be performed
in accordance with the Standards.
(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 disposal method other
than soil absorption disposal, such as an
evapotranspiration system, should be considered. If no
suitable alternate site exists, the designated
representative shall grant or deny a permit to
construct on the basis of all relevant factors.
(?) A drawing or drawings with distances shown between
features reflecting that the proposed on-site sewage
facility will comply with these Rules and demonstrating
that the lot or tract is large enough for the on-site
sewage facility to be constructed thereon, including
but not limited to:
(A) The location of all water wells, existing and
proposed, on the property and those on adjacent
property.
(B) The location of all building or dwellings, existing
or proposed, on the property.
(C) The slopes, contours or other pertinent features of
the terrain.
(D) The location of all water supply lines and tanks,
existing or proposed sewage disposal facilities.
(E) The location of all roads, streets, easements,
creeks or other water, etc., adjacent to the
property or traversing it.
17
(8) A statement or other evidence that demonstrates that the
requirements set forth in Sec. 6.01. of these Rules have
been met.
(9) Any additional information that the designated
representative may require.
(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 expire six (6) months from the
date of issuance unless construction of the on-site sewage
facility covered by the permit has commenced. An expired
permit to construct may be re-issued provided there are no
changes in the conditions under which the previous permit
was issued. A fee will be charged to cover costs of re-
issuance of permits. When a permit 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 thi
application
shall make
upon the
application
designated
rty (30) days after a proper and complete
has been made, the designated representative
a finding on the issuance of a permit, based
information contained in the completed
and any other information available to the
representative.
(1) Upon a finding that construction can commence, a permit
to construct shall be issued to the applicant.
(2) Upon finding that a permit to construct cannot be
issued, the designated representative shall so notify
the applicant in writing within ten (10) days of that
finding and shall include the reasons for denying the
issuance of a permit.
(e) This section does not apply to an on-site sewage disposal
system of a single family residence that is located on a
land tract that is 25 acres or larger in which the field
line or sewage disposal line is not closer than 150 feet
of the property line. Effluent from the on-site sewage
disposal system on a single residence must be retained
within the specified limits, a nuisance may not be
created, and the groundwater may not be polluted.
18
(f) In order
trenches,
unless it
7.03 LICENSE TO
(a) Each new
approved by
covering of
to protect the groundwater, tank placement,
and absorption beds shall not be dynamited
is permitted and monitored.
OPERATE.
~n-site sewage facility shall be inspected and
the designated representative prior to the final
the facility.
(1) The applicant or installer shall notify the designated
representative that an inspection is desired at least
forty-eight (48) hours, excluding weekends and legal
holidays, prior to the need for inspection.
(2) The applicant or installer shall provide whatever
reasonable assistance the designated representative
requests in order to make the inspection.
(b) Within five (5) days after an inspection, the designated
representative shall make a finding on the issuance of a
license, based upon the information obtained from the
inspection and any other information available to the
designated representative.
(1) Upon a finding that the use of the on-site sewage
facility will not cause pollution, injury to the
public health, or nuisance conditions and is not in
conflict with these Rules and upon payment of
appropriate fees, a license to operate the facility
shall be issued to the applicant.
(2) Upon a finding that a license to operate cannot be
issued, the designated representative shall so notify
the applicant in writing within five (S) days of that
finding and shall include the reasons for denying the
issuance of a license.
(c) Terms of Licenses.
(i) On-site Single Dwelling Units. Upon the effective date
of this subchapter, valid licenses for on-site single
dwelling unit systems shall continue in effect, until
revoked or amended by the designated representative
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,
19
a system
license can
(ii) Commercial
commercial
under this
three (3)
subchapter.
re-inspection will be required
be issued to the new owner.
and Multiple Unit Systems.
and multiple unit septic tank
subchapter shall be effective
years beginning the effectiv~
before a
Licenses for
systems issued
for a term of
e date of this
(iii) Any 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 by the
septic system, if the property is used for a purpose
other than that described i the original 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
within 300 feet of any portion of the septic tank
system, if the designated representative considers
connection feasible. A new inspection must be made
prior to the issuance of a new license. If an existing
private sewage facility is causing pollution, a threat
to the public health, or nuisance conditions, the
licensing authority shall require that the facility be
licensed in accordance with 7.01 - 7.03. of these Rules
as appropriate and shall undertake actions pursuant to
Chapter 9 of these Rules.
7.04 SPECIAL REQUIREMENTS FOR INSTITUTIONS.
A. Registered Professional Engineer, Registered Professional
Sanitarian, or similarly qualified person, approved by the
*designated representative shall design all on-site sewage
facilities serving institutions which will discharge in excess of
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, but
instead, treatment units with two or more compartments or two or
more treatment units connected in series shall be utilized.
7.05 SPECIAL REQUIREMENTS FOR AEROBIC SYSTEMS, COLLECTIVE SYSTEMS
AND OTHER ALTERNATIVE SYSTEMS.
(a) A Registered Professional Engineer or Registered Professional
Sanitarian, or similarly qualified person, approved by the
licensing authority, shall design all on-site sewage
facilities using aerobic treatment processes, all collective
systems and all other alternative systems, provided, however,
ZO
the design meets the requirements of Sec. 2.06 of these Rules
and Rule .002(b) "Design Approval for Private Sewage
Facilities" of the Standards.
(b) Upon completion of the installation of on-site sewage faci-
lities designed under Sec. 7.06(a) above and prior to
issuance of a license, a notarized certification, or sealed
engineer's certificate, as the case may be, will be required
of the person designing the system, stating that the
installation has been inspected and has been installed in
accordance with the design drawings and specifications.
CHAPTER 8. SUBDIVISONS
8.01 DESIGNATED REPRESENTATIVE RECOMMENDATIONS.
Any persor.~ 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 designated representative prior to submittal of the
preliminary plat for subdivision review and commencing
construction (except for vegetation clearing). No permit to
construct or license to operate will be issued for development in
a subdivision that does not comply with applicable portions of
the City's Subdivision Regulations.
8.02 APPLICATION.
(a) An. application for a designated representative
recommendation shall submit an application to the licensing
authority containing information that is adequate to
establish:
(1) That it is not feasible for the applicant to provide
sewer service to the subdivision by means of an organized
disposal system, and
(2) That on-site sewage facilities may be used in the
specified subdivision without causing or threatening to
cause, individually or collectively, pollution, injury 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,
21
(iii) 100 year floodplain and floodway as established
by the Federal Emergency Management Agency,
(iv) Topography, with contours not greater than five
(S foot intervals,
(v) Soil profiles, as classified by the Soil Survey
of gerr County, Texas. The publications
"Guide to Soil Suitability for On-Site Waste-
water SysteQS fcr Kerr County, Texas (B. L.
Carlisle, May 1988) and "System Design Manual
for On-Site Wastewater Systems for Kerr
County, Texas (B. L. Carlisle, June 1988),
shall be used in determining the suitability
and appropriate on-site systems for each
specific site.
(vi) Existing and proposed individual and public
water supply wells,
(vii) Existing and proposed organized disposal
systems.
(B) An accurate plat of the subdivision that details the
size and intended use of each lot and that details
roads and utility rights of way. This plat shall show
a subsoil and groundwater profile of the entirE
subdivision consisting of core drillings 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, and depth to
perched or seasonal groundwater tables. This
information must be presented to the designated
representative when the plat is submitted for review.
A statement of an adequate water supply source which
will provide water for the proposed subdivision must
also be furnished. The source can be an approved
public water supply, or private water wells, if an
adequate potable aquifer is available.
(C) A list that specifies the type and maximum size
(floorshpace, bedrooms, seating, etc.) of the intended
construction (residential, industrial, commercial, etc.)
that will be allowed on each lot. Based on this List, the
application shall provide further information to confirm
that a on-site sewage facility that meets all of the
22
requirements of these Rules and the Standards can be
constructed on each lot.
(D) At the discretion of the designated representative and
in consideration of the size and density of the
proposed subdivision and other conditions known to
exist in the vicinity of the proposed subdivision and
other conditions known to exist in the vicinity of the
proposed subdivision, one or more geological cross-
sections may be required from the applicant. These
cross-sections shall illustrate the geologic formations
that make up the subsurface below the subdivision down
to the first aquifer that supplies, or may be used to
supply drinking water in the area. These cross-
sections shall illustrate the primary dip and
characteristics (permeable, impermeable, water bearing,
etc.) of each formation and the elevation of any water
table.
(b) The required fee shall accompany the application.
(c) No subdivision proposed for use of on-site sewage facilities
will be approved or recorded without the recommendation of
the designated representative. 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
recommendation shall be forwarded to the subdivision review
authority, and to the applicant.
(1) Approval: If the recommendation is for approval of the
subdivision as proposed for use with on-site sewage
facilities, the subdivision receive authority will
continue to process the plat for approval and recording.
(2) 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 procedure for exception on appeal as outlined
in Chapter 3 of this Order.
(d) Limits of Approval: An approval recommendation does not
constitute either a permit to construct or a license to
operate a specific on-site sewage facility. Final subdivision
plat approval by the City Council is a prerequisite to
obtaining a permit or license.
23
8.03 LOT SIZES AND REQUIREMENTS.
(a) Lot size criteria: minimum lot size is based on factors used
to determine the suitability of the lot for on-site sewage
facility disposal of sewage and provide enough useable and
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 soil
absorption unit and may present increased danger of
erosion and surface water infiltration of the soil
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 marginal or
unsatisfactory for a number of reasons. The most
important of these are:
(A) Impermeable 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.
(C) Highly permeable sand or gravel near water wells,
streams, or lakes.
(D) Areas having a high or fluctuating water tables or
seasonal springs.
(3) No part of an absorptive facility shall be installed
within 125 feet of any springs or spring-fed an/or
normally flowing streams measured horizontally from the
water's edge (at normal flow) except where the average
percolation rate is less 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 where percolation rates are less than 10
minutes/inch of fall in areas adjacent to springs or
normally flowing streams.
(4) Lots shall be laid out where possible for connection to a
future wastewater collection system.
24
(b) Lot Size Requirements:
(1) Private On-Site Facilities for lots in subdivisions
shall be approved by the designated representative
subject to the following provisions:
(A) Lots served by a public water system shall be a
minimum of one (1) acre.
(B) There are two (2} dedicated
of 2,500 square feet each,
suitable for use for an on
utilizing soil absorption.
2,500 square feet area must
preliminary plat.
waste disposal areas
under 15t slope and
-site sewage facility
The location of each
be designated on the
(C) Lots served by individual water wells shall be a
minimum of 2 1/2 acres.
(D) For lined evapotranspiration systems a minimum lot
size of one (1) acre shall be provided with no
slope or area requirements. Alternatively, a
lined evapotrans iration system may be utilized on
a one-half (i/2~ acre lot provided there are two
areas of 2,500 square feet each, under 151 slope,
and suitable for use for an on-site sewage
facility. The location of each 2,500 square foot
area must be designated on the preliminary plat
and final plat.
(E) In calculating lot or tract sizes, easements,
drainage ways, or rights of way adjacent or
through such tracts shall be excluded.
(2) Collective On-Site Sewage Facilities shall be approved by
the designated representative subject to the following
provisions:
(A) The gross density of the subdivision shall not
exceed two dwelling units per acre. Such gross
density shall be defined as the total number of
residential units divided by the total acreage
within the perimeter of the subdivision.
(B) For each
system,
than 15~
suitable
disposal
contain a
dwelling unit utilizing the collective
3t least 5,000 square feet of land, of less
slope, shall be designated on the plat as
for use for the collective wastewater
system. Each designated areas should
minimum of 5,000 square feet:
25
(3) Collective on-site 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 any other authority
legally authorized to assess and collect fees for
the operation and maintenance of the collective
disposal systems, and individual or collective
treatment units. The right of the authority 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.
(B) Proposed collective on-site sewage facilities shall
be located outside the twenty-five year flood plain;
provided that one-half (1/2) of the disposal area
shall be located outside of the one hundred year
flood plain.
(4) Special Requirements for Institutions. A Registered
Professional Civil Engineer, Registered Professional
Sanitarian or similarly qualified person approved by
the designated representative or the designated
representative at his or its discretion, shall design
all private sewage facilities serving institutions.
Said designs shall be made in accordance with these
Rules, including the Standards. 5,000 square feet of
Iot area must be designated for each bedroom to be
served where bedrooms are involved. In non-residential
subdivisions involving business, commercial, and
industrial activities, each four hundred (400) gallons
per day of sewage for such institutions shall be
equivalent to that of single family unit. Lots shall
be sized in accordance with the Standards except as
described above.
(5) Where difficult site conditions such as steep slopes,
shallow ground water, and poor drainage exist, the
designated representative may sometimes require or
approve a design submitted by a Professional Engineer,
Registered Professional Sanitarian or similarly
qualified person approved by the designated
representative.
26
8.04 NOTICE
(a) Where an approved recommendation has been made and the
subdivision is recorded, a copy of the written recommenda-
tion with any conditions stated shall be filed as a deed
record of the subdivision lots.
(b) Any person, or his agents or assignees, desiring to create a
subdivision that will utilize an on-site sewage facilities,
in whole or in part, and sell, lease, or rent the lots
therein shall inform in writing each prospective purchaser,
lessee, or renter:
(1) That the subdivision is subject to all of the terms and
conditions of these Rules;
(2) That a permit to construct shall be required before an
on-site sewage facility can be constructed in the
subdivision.
(3) That a license to operate shall be required far the
operation of such on-site sewage facility,
(4) That an application far a subdivision with on-site
sewage facilities has been made and approved, including
any restrictions placed on any such approval.
CHAPTER 9
ENFORCEMENT
9.01 INFORMAL
(a) The designated representative may routinely inspect on-site
sewage facilities to assure continued compliance with these
Rules.
(b) The designated representative shall inspect any on-site
sewage facility that is reasonably believed to be causing
pollution, a threat to the public health, or nuisance
conditions, or to have been substantially modified without
complying with'the Rules based on a credible complaint or
other information available to the designated representative
and may inspect any new on-site sewage facility should the
conditions existing at the time of licensing be found to
have changed. If upon such inspection it is found that
pollution, a threat to public health, or nuisance conditions
is occurring, or an unpermitted substantial modification was
performed, the designated representative shall so notify the
27
performed, the designated representative shall so notify the
owner of the on-site sewage facility in writing and include
what problems must be remedied in order to achieve
compliance, and set a reasonable amount of time to achieve
compliance. The on-site sewage facility shall be
reinspected at the expiration of the allottE~d tine.
(1) If the facility is found to be in compliance, a license
therefor may be issued or the existing license may be
modified.
(2) If the facility is found not to be in compliance,
appropriate enforcer~er.t shall be taken.
9.02 CRIMINAL
(a) A person who violates any of these Rules, is guilty of a
misdemeanor and on conviction is punishable by a fine as
provided in Section 11 of Article 4477-7e, Texas Revised
Civil Statutes Annotated, which is incorporated herein by
refrence. Each day of a continuing violatior. cc~r.stitutes a
separate offense.
{b) Jurisdiction for prosecution of a suit under this section is
in the municipal court of the City of Ingram.
9.03 CIVIL
(a) Wherever it appears that a violation or the threat of a
violation of any of the terms and conditions of these Rules
has occurred or is occurring, the designated representative
may have a suit instituted in a district court through the
city attorney, or special counsel engaged by the City
Council, for injunctive relief or civil penalties or both
against the person who committed, is committing, or is
threatening to commit the violation.
(b) Such suits may not be instituted by the desigrated
representative unless the City Council has adopted a
resolution authorizing the institution of the suit.
9.04 FAILURE OF LICENSED FACILITIES.
Compliance with the provisions of these Rules and the
recommendations of the designated representative will not bar any
cause of action to abate a nuisance under Texas Rev. Civ. Stat.
Ann. Art. 4477-1 or Article 4477-7e.
,,
28 r