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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND "EIGHT" COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY TI~IE COURT.
MADE BY: David Litke OFFICE: Environmental Health

MEETING DATE: 2-12-90. TIME PREFERRED: ---------------
SUBJECT: (PLEASE BE SPECIFIC: Consideration of establishing procedure
for appeals regarding the Rules of Kerr County for Private Sewage
Facilities.
ESTIMATED LENGTH OF PRESENTATION: 10 Minutes
IF PERSONNEL MATTER: NAME OF EMPLOYEE: __
NAME OF PERSON ADDRESSING THI? COURT: David Litke
TIME FOR SUBItitITTING THIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS
POSTED IN ACCORDANCE WI'I'1-I ARTICLE 6252-17 IS AS FOLLOWS:
.. MEETINGS FIELD ON SECOND MONDAY: 12:00 P.M. PREVIOUS WEDNESDAY
.. MEETINGS HELD ON THURSDAYS: 5:00 P. M. PREVIOUS THURSDAY.
IF PREFERABLE, AGENDA REQUESTS MAY BE MADE ON OFFICE STATIONERY WITH THE
ABOVE INFORMATION ATTACHED.
THIS REQUEST RECEIVED BY: ,~~'\ ~~
~-
THIS REQUEST RECEIVED ON: ,~ ~l, e ~~ G'r .~. P. M.
ALL AGENDA REQUESTS WILL BE SCREENED BY THE COUNTY JUDGE'S OFFICE TO DE-
TERMINE IF ADEQUATE INFORMATION HAS BEEN PREPARED FOR THE COURT'S FORMAL
,~ CONSIDERATION AND ACTION AT TIME OF COURT MEETINGS. YOUR COOPERATION
~ WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST BEING ADDRESSED
t AT THE EARLIEST OPPORTUNITY.
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PEE F KERR COUNTY
w ,~ ~ ~ ENVIRONMENTAL HEALTH DEPARTMENT
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101 Spur 100
~~~t of `~¢t Kerrville, Texas 78028
(512) 896-5101
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T": Qm.^~S~~Jr~?e rC: ~Ju rt
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E R!~ M: Ga v i d ~.. t i t r: e ~-..~`
iiA~ E: February ~~~. ,~;aC
SUB~ECi: Ac~peais ~or•oEr'nin~ ~~le ~='ui~_, .~f u'.Er. C•~~.Jrtr' f~^r Nr.,~a.te
ew'ae =?•,.- it'es ~PU'E5! ar?d ±he ~SC~r uraham Ao:~ea..
T;; avoid t"?2 v~~r?fuslon that has surrounaed the ~uraham aooea? _
WOU 1d Sk ti-,at we ~iCSe ~V ±~' i0'n~ t~:e app4~~ procedure`: a5 `_•tc'ed
in 3.02 cf t.ne Ruins iaitached~,.
Thl~ pC',-t1Ci. Ot th@ l~tiiEc _tates W!l;~t the r'ES^orr ib' 't-°~ of tr8
~;r;mmissic,ners i::ourt ~dmirlistraticr, 5.
-e~tir}r? 3.0'~ ;"ai(rt?;.,, ~}a~.es the t;~,~ frame. fir;,-~.du~~e~ =~?d
u.,cumentat~:~rt reefed to I-~and'e the a;~peai ;;v t~:e _,~<.• - _.
~•e•^t on _.~~ idi~e `tats: ty:e V~~v;r~c ine l.C:ur' ~dr ~:i~'.e.
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ghat .- Wh`v ne Came .O '~2 ~~i::rL.
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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
licensing authority stating:
(1) The nature of the exception requested;
(2) The reason that justifies the granting of the
exception; and
(3) Any information that the licensing authority
reasonably requests.
. ,~
(b) Within thirty (30) 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. APPEAL.
(a) Any person aggrieved by an action or decision of the
licensing authority made hereunder may, within thirty
(30) 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
Commissioners Court.
(b) The appeal shall be initiated by filing a written
objection with the Clerk of the Commissioners Court.
The written objection shall state what the complainant
believes the action or decision of the licensing
authority should have been and the reasons therefor. A
copy of the document containing the notice of the
complained of action or decision, or a written statement
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 Clerk of the
Commissioners Court shall notify the County Judge who
shall place the matter on the Agenda of the
Commissioners 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 Commissianers Court shall notify the
licensing authority and the complainant that the matter
is on the agenda.
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(d) The Commissioners Court shall review the matter and
consider such information and evidence that the
Commissioners Court may deem relevant and that may be
offered by the licensing authority or the complainant.
The Commissioners Court shall either affirm, reverse, or
modify the action or decision of the licensing
authority.
(e) These provisions for appeal are not exclusive, but are
cumulative of any other remedies at law or in equity.
3.03. 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 licensing authority shall require fees to be paid in
accordance with the schedule established from time to time by
the Commissioners Court. Such fees shall be paid with the
filing of an application for a permit, 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
licensing authority.
(b) Licensing procedures shall be as follows:
(1) In order to obtain an installer's license, an
installer shall make application to the licensing
authority and the licensing authority shall provide
the installer with a copy of these Rules including
all current amendments and all applicable State
Laws.
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(2) The installer, upon demonstrating a knowledge of
the Rules and Standards, and appropriate health
laws, shall be issued an installer's license.
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